These regulations shall be known and cited as the CITY OF RUPERT SUBDIVISION ORDINANCE. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

These regulations are adopted pursuant to title 50, chapter 13 and title 67, chapter 65 of the Idaho Code. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

The purposes of these regulations are to promote the public health, safety, general welfare, and to provide for:

   A.   The harmonious development of the city.

   B.   The coordination of streets, alleys and easements in new subdivisions with existing and future development and improvements.

   C.   Adequate park and open spaces for travel, light, fresh air and recreation.

   D.   Adequate transportation, water, sanitary drainage, irrigation and other public services and facilities.

   E.   Economical development and extension of public facilities and services to meet the demands of growth.

   F.   An orderly and efficient procedure for submission and disposal of requests for approval of subdivision plats.

   G.   The delegation of authority for administration of these regulations. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

These regulations shall apply to the subdivision and development of all land within the incorporated territory of the city, including the property within the area of impact of the city under section 50-1306, Idaho Code. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

All "subdivisions" as herein defined shall be submitted for approval of the council and shall comply with the provisions of these regulations. These regulations shall supplement all other regulations, and where at variance with other laws, regulations, ordinances, or resolutions, the more restrictive requirements shall apply. This chapter shall not apply to any subdivision created and recorded prior to the effective date hereof, except for the further dividing of lots; nor is it intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws, ordinances, or regulations, or with private restrictions placed upon property by deed, covenant or other private agreements, or with restrictive covenants running with the land to which the city is a party. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

   A.   The council shall appoint a planning and zoning commission to carry out the provisions as herein specified. The commission shall receive and make recommendations on all subdivision applications.

   B.   In the event the commission fails to act or carry out its responsibilities according to the regulations contained herein, the council shall assume all the duties of the commission as herein specified in relation to the application concerned. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

The commission is hereby required to combine all permits which may be required in this chapter and previously or subsequently adopted city ordinances which are relative to land development into one permit application procedure. In conjunction with a combined permit, the commission shall coordinate methods of approval with various utilities through the city public works director for the purpose of reducing errors and unnecessary delays in processing applications. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

Where any word, phrase, clause, sentence, paragraph, or section, or other part of these regulations is held invalid by a court of competent jurisdiction, such judgment shall affect only that part so held invalid. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

   A.   Interpretation Of Terms Or Words: For the purposes of these regulations, certain terms or words used herein shall be interpreted as follows:

      1.   The present tense includes the past or future tense, the singular includes the plural and the plural includes the singular;

      2.   The word "shall" is mandatory; "may" is permissive; the word "should" is preferred; and

      3.   The masculine shall include the feminine.

   B.   Meaning Of Terms Or Words:

    BLOCK: A group of lots, tracts, or parcels within well defined boundaries, usually streets.

   BUILDING: A structure designed or used as the living quarters for one or more families, or the structure designed or used for occupancy by people for commercial or industrial uses.

   BUILDING SETBACK LINE: An imaginary line established by subdivision regulations and zoning provisions requiring all buildings to be set back a certain distance from lot lines and street rights of way.

   BUILDING SITE: An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings.

   CEMETERY: A lot that has been planned for the selling of sites for the burial of animal or human remains.

   COMMISSION: The planning and zoning commission as appointed by the council to administer this chapter, having jurisdiction over the parcel of land under consideration.

   COMPREHENSIVE PLAN: A plan, comprehensive plan, or comprehensive development plan adopted by the local authority and showing the general location and extent of present and proposed development, including, but not limited to, housing, industrial and commercial uses, streets, parks, schools and other community facilities.

   CONDOMINIUM: An estate consisting of: 1) an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with, 2) a separate interest in real property, in an interest or interests in real property, or in combination thereof.

   COUNCIL: The city council of the city of Rupert.

   COUNTY RECORDER: The office of the Minidoka county recorder.

   COVENANT: A written promise or pledge.

   CULVERT: A drain that channels water under a bridge, street, road or driveway.

   DEDICATION: The setting apart of land or interests in land for use by the public. Land becomes dedicated when accepted by the city as a public dedication, either by ordinance, resolution, or entry in the official minutes, or by the recording of a plat showing such dedication.

   DEVELOPER: Authorized agent(s) of a subdivider or the subdivider himself.

   DWELLING UNIT: A building or other structure, proposed or built for occupancy by people.

   EASEMENT: A grant by a property owner to specific persons or to the public to use land for specific purposes.

   ENGINEER: Any person who is licensed in the state to practice professional engineering.

   GOVERNING BODY: The mayor and city council of the city of Rupert, Idaho.

   HIGHWAY: A street designated as a highway by an appropriate state or federal agency.

   IMPROVEMENT: Any alteration to the land or other physical constructions associated with subdivision and building site developments.

   LARGE SCALE DEVELOPMENT: A subdivision the size of which consists of thirty (30) or more lots or dwelling units.

   LOT: A parcel, plot, tract, or other land area of suitable size as required in these regulations and existing zoning ordinances; and created by subdivision for sale, transfer, or lease.

   LOT AREA: The area of any lot shall be determined exclusive of street, highway, alley, road, or other rights of way.

   LOT TYPES: As used in these regulations, lot types are as follows:

      Corner Lot: A lot located at the intersection of two (2) or more streets; or, a lot bounded on at least two (2) sides by the same street.

      Interior Lot: A lot other than a corner lot, with frontage on only one street.

      Reversed Lot: A lot with frontage on a side street or other right of way other than an interior or corner lot.

      Through Lot: A lot other than a corner lot, with frontage on only one street, not a corner lot. Also known as double frontage lot. Through lots are prohibited under these regulations unless such a lot meets the criteria of a back up lot in subsection 5-21-11J6 of this chapter.

   MANUFACTURED HOME: A house built to the uniform building code standards in a factory or other facility and then delivered to the construction site. A manufactured house or travel trailer is not to be considered as a mobile home. A travel trailer is one that can legally be towed by passenger car.

   MANUFACTURED HOME PARK (MOBILE HOME PARK): Any area, tract, plot or site of land developed as a planned unit development located and maintained for dwelling purposes on a permanent or semipermanent basis for two (2) or more manufactured houses or travel trailers.

   MANUFACTURED HOME SUBDIVISION: A subdivision designed and intended for residential use where residence is in manufactured homes exclusively.

   MONUMENT: Any permanent marker either of concrete, galvanized iron pipe, or iron or steel rods, used to permanently establish any tract, parcel, lot or street lines, as specified in section 50-1303, Idaho Code.

   OPEN SPACE: An area open to the sky for outdoor recreation activity. Streets, buildings, or other covered structures are not included in computing these areas.

   ORIGINAL PARCEL OF LAND: A lot or tract as recorded on any plat or record on file in the office of the county recorder, each one-sixteenth (1/16) of a section (40 acres) or any unplatted contiguous parcel of land held in one ownership and of record at the effective date of this chapter.

   OWNER: The individual, firm, association, syndicate, partnership, or corporation having proprietary interest in the land to be subdivided.

   PERFORMANCE BOND: An amount of money or other negotiable security paid by the subdivider or his surety to the city clerk and recorder which guarantees that the subdivider will perform all actions required by an approved plat, and provides that if the subdivider defaults and fails to comply with provisions of an approved plat, the subdivider or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat. The amount of the bond shall be set by the council in its sole discretion with regard to the recommendation of the commission.

   PLANNED UNIT DEVELOPMENT: A use or a combination of residential, commercial and industrial uses planned for a tract of land to be developed as a unit under single ownership or control, which is developed for the purpose of selling or renting individual lots or estates, whether fronting on private or dedicated streets, which may include two (2) or more principal buildings as governed by the zoning ordinance. The requirements of this chapter may be modified by the council upon recommendation by the commission to achieve the best possible planned development for the specific site under consideration.

   PLAT: The drawing, mapping, or planning of a subdivision, cemetery, town site or other tract of land or a replatting of such including certifications, descriptions and approvals.

      Final Plat: The final and formal presentation by maps or drawings of an approved subdivision development, the original and one copy of which is filed with the county clerk and recorder.

      Preliminary Plat: The first formal presentation by maps or drawings of a proposed subdivision, as required in these regulations.

   PUBLIC WORKS DIRECTOR: The public works director/city engineer for the city of Rupert.

   RESERVE STRIP: A strip of land between a dedicated street or partial street and adjacent property, in either case, reserved or held in public ownership for future street extension or widening.

   RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way of which normally includes sidewalks and other public utilities of service areas.

   SIDEWALK: That portion of the street right of way outside the street pavement, which is improved for pedestrian use (also known as "walkway").

   STANDARD SPECIFICATIONS: The specifications as may be specified in this chapter or as officially adopted by the city.

   STATE: The state of Idaho.

   STREET: A right of way which provides access to adjacent properties, the dedication of which has been officially accepted. The term "street" also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place, and similar terms. Some related terms and definitions are as follows:

      Alley: A street providing secondary access at the back or side of a property otherwise abutting a street.

      Arterial: A street designated for the purpose of carrying fast and/or heavy traffic.

      Collector: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.

      Commercial: A street designated for the purpose of providing traffic movement in a commercial area.

      Cul-De-Sac: A street connected to another street at one end only and provided with a turnaround space.

      Dead End: A street connecting to another street at one end only and not having provision for vehicular turnaround at its terminus.

      Frontage: A minor street, parallel to and adjacent to an arterial street, which has the primary purpose of providing access to abutting properties.

      Industrial: A street designated for the purpose of providing traffic movement in an industrial area.

      Loop: A minor street with both terminal points on the same street of origin.

      Minor: A street which has the primary purpose of providing access to abutting properties.

      Partial: A dedicated right of way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land.

      Private: A street which provides vehicular and pedestrian access to one or more properties, however, not accepted for public dedication or maintenance.

      Side Street: A secondary street that provides access to a corner lot toward which the principal building is not oriented.

   SUBDIVIDER: A subdivider shall be deemed to be the individual, firm, corporation, partnership, association, syndicate, trust, or other legal entity that executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of this chapter; the subdivider need not be the owner of the property, however, he shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.

   SUBDIVISION: The division of an original lot, tract, or parcel of land into more than five (5) parts for the purpose of transfer of ownership or development; the dedication of a public street and the addition to, or creation of, a cemetery. However, this title shall not apply to any of the following:

      1.   An adjustment of lot lines as shown on a recordage, width, depth, or building setback lines of each building site below the minimum zoning requirements, and does not change the original number of lots in any block of the recorded plat.

      2.   An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property.

      3.   The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code.

      4.   Widening of existing streets to conform to the comprehensive plan.

      5.   The acquisition of collector and arterial street rights of way by a public agency in conformance with the comprehensive plan.

      6.   The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage of the properties involved.

   SURVEYOR: Any person who is licensed in the state as a public land surveyor to do professional surveying.

   TRAVEL TRAILER PARK: Rental space for travel trailers on a limited basis.

   UTILITIES: Installations for conducting water, sewage, gas, electricity, television, storm drains, and similar facilities providing service to and used by the public.

   VARIANCE: A variance is a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.

   VICINITY MAP: A small scale map showing the location of a tract of land in relation to a larger area. (Ord. 734, 4-18-1995; amd. Ord. 753, 1-7-1997; Ord. 830, 8-6-2002)

   A.   Application Required: Any person desiring to create a "subdivision" as defined in section 5-21-9 of this chapter shall submit all necessary applications to the commission. No final plat shall be filed with the county recorder until the plat has been acted upon by the commission and approved by the council. No lots shall be sold from any plat until it has been recorded in the office of the county recorder. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

   B.   Preapplication:

      1.   Application: Prior to the filing of an application for approval of a preliminary plat the subdivider shall submit a completed subdivision preapplication form as provided by the city and with up to eight (8) copies, as required by the zoning administrator of a sketch plan to the commission. The sketch plan shall include the entire developmental scheme of the proposed subdivision, in schematic form and including the area proposed for immediate development in such a form and content as required by the commission and shall include the following:

         a.   The general layout of streets, blocks, and lots in sketch form;

         b.   The existing conditions and characteristics of the land adjacent to the proposed subdivision site;

         c.   Areas set aside for schools, parks and other public facilities.

      2.   Fee: As established by city council resolution.

      3.   Preapplication Approval Procedure: The subdivider shall submit the preapplication materials and plans to the zoning administrator. The zoning administrator will schedule, within thirty (30) days of receipt thereof, a meeting to review the application with the city superintendent and representatives of the city's street, sewer and electrical departments, the local fire district or fire department, as well as any other applicable utility, agency or department. At the aforementioned meeting the subdivider shall present his preapplication and intent for review and comment by the zoning administrator, city representatives and other agency representatives. The zoning administrator and the other city and agency representatives will review the preapplication to determine its compliance with this title as well as the following concerns: (Ord. 07-504, 6-5-2007)

         a.   The general compliance of the proposed development with existing local or state policies, goals and objectives or development plans;

         b.   Determination if additional special permits or ordinances conflict (such as rezoning) or if there may be a special development permit or variance that may be needed and the determination of the manner that such requirements can be combined into one permit;

         c.   Advise the applicant of any unique environmental or hazardous concerns that may be directly or indirectly associated with the subject property, such as areas that have been designated by the state as areas of critical environmental concern, unique plant or animal life, floodplain, airport flight pattern and the like; and

         d.   Provide the subdivider with all necessary forms and checklists.

   C.   Preliminary Plat:

      1.   Application: Upon completion of the preapplication procedures, the subdivider may file with the commission a completed subdivision application form and preliminary plat data as required in this chapter in such form and content as required by the commission. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

      2.   Combining Both Preliminary And Final Plats: The applicant may also request that the subdivision application be processed as both a preliminary and final plat if the following conditions are met:

         a.   The proposed subdivision does not exceed ten (10) lots;

         b.   No new street or major street widening is involved;

         c.   No major special development considerations are involved, such as infrastructure development or the like; and

         d.   All required information for both preliminary and final plat is complete and in an acceptable form.

A request to combine both preliminary plat and final plat into one application shall be acted upon by the zoning administrator. (Ord. 07-504, 6-5-2007)

      3.   Content Of Preliminary Plat: Preliminary plat shall contain the information required under subsection C4 of this section. Additional maps or data deemed necessary by the commission may also be required. The subdivider shall submit to the commission at least the following:

         a.   Four (4) copies of the preliminary plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated;

         b.   Four (4) sets of preliminary engineering plans for streets, water, sewers, sidewalks and other required public improvements, including a master utility map; said engineering plans shall contain sufficient information and detail to enable the commission to make a preliminary determination as to conformance of the proposed improvements to applicable regulations, ordinances and standards as outlined in the special development section of this chapter;

         c.   A written application requesting approval of the preliminary plat on a form prescribed by the commission;

         d.   Appropriate information that sufficiently details the proposed development within any special development area, such as hillside, planned unit development, floodplain, cemetery, mobile home, large scale development, hazardous and unique areas of development. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

      4.   Requirements Of Preliminary Plats And Plat Applications: The following shall be shown on any preliminary plat submitted or shall be submitted with the same:

         a.   The name of the proposed subdivision;

         b.   The names, addresses and telephone numbers of the present owners of the property and the subdivider or subdividers and the surveyor or engineer who will prepare the final plat; (Ord. 07-504, 6-5-2007)

         c.   The name and address of all adjoining property owners, whether or not bisected by a public right of way, as shown on records in the county assessor's office;

         d.   The legal description of the subdivision;

         e.   A statement of the intended use of the proposed subdivision, such as residential single-family; two-family and multiple housing; commercial; industrial; recreational; or agricultural and a showing of any sites proposed for parks, playgrounds, schools, churches or other public uses;

         f.   A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development;

         g.   A vicinity map showing the relationship of the proposed plat to the surrounding area (1/2 mile minimum radius, scale optional);

         h.   The land use and existing zoning of the proposed subdivision and the adjacent land;

         i.   Streets, street names, rights of way and roadway widths, including adjoining streets or roadways;

         j.   Lot lines, dimensions and numbers, and the total number of lots by block;

         k.   Contours, shown at five foot (5') intervals where land slope is greater than ten percent (10%) and at two foot (2') intervals where land slope is ten percent (10%) or less, with an established bench mark, including location and elevation;

         l.   A site report as required by the appropriate health district where individual wells or septic tanks are proposed;

         m.   Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants, electric power lines, gas lines, cable lines, and their respective profiles or indicated alternative methods;

         n.   A copy of any proposed restrictive covenants and/or deed restrictions or, if none, a statement that none are proposed;

         o.   Any dedications to the public and/or easements, together with a statement of location, dimensions, and purpose of such;

         p.   Any additional required information for special developments as specified in this chapter;

         q.   A statement as to whether or not a variance will be requested with respect to any provision of this chapter describing the particular provision, the variance requested, and the reason therefor.

      5.   Application Fee: At the time of submission of an application for a preliminary plat a nonrefundable fee shall be paid, the amount which shall be set by resolution of the city council. There shall be no additional fee for the combining of the preliminary and final plats, other than the prepayment of the required plat recording fee to the city. Only the plat recording fee is refundable in the event the final plat is not approved.

      6.   Submission Requirements: The subdivider shall have submitted the required four (4) copies of the preliminary plat and required supplemental material, and required fee to the commission at least ten (10) days prior to the regular commission meeting.

      7.   Public Notification:

         a.   Posting A Commission Meeting: The subdivider shall post a reasonable number of posters on or near the subject property under consideration to be subdivided. Such poster and stated information shall be of such size and content as may be approved by the commission. The location of the posters shall be on the closest public roads in visible locations surrounding the subject property and erected at least fifteen (15) days prior to the commission's meeting. Further, the subdivider shall give actual written notice to every person residing within three hundred feet (300') of any border of the proposed subdivision at least fifteen (15) days prior to the commission's meeting.

         b.   Failure To Notify: The failure of the subdivider to comply with the exact provisions of these procedures shall invalidate the commission's action.

      8.   Commission Action: At the next regular commission meeting, the subdivider shall present the preliminary plat for action. The commission may approve, approve conditionally, disapprove, or table the preliminary plat for additional information. Such action shall occur within thirty (30) days of the date of the regular meeting at which the plat is first considered. The action, and the reasons for such action shall be stated in writing by the commission and forwarded to the applicant. The commission shall also forward a statement of the action taken and the reasons for such action, together with a copy of the preliminary plat to the city council for their action.

      9.   Council Action:

         a.   Action On Preliminary Plat: At the next regular council meeting, the subdivider shall present the preliminary plat for action. The council may approve, approve conditionally, disapprove, or table the preliminary plat for additional information. Such action shall occur within thirty (30) days of the date of the regular meeting at which the plat is first considered. The action, and the reasons for such action, shall be stated in writing by the council forwarded to the applicant.

         b.   Action On Combined Preliminary And Final Plat: If the commission's conclusion is favorable to the subdivider's request and recommendation from the commission that the subdivider be considered as both a preliminary plat and final subdivision, then a recommendation shall be forwarded to the council in the same manner as herein specified for a final plat. The commission may recommend that the combined application be approved, approved conditionally or disapproved.

      10.   Appeals: Any person who appeared in person or writing before the commission or the subdivider may appeal in writing the decision of the commission relative to any action taken by the commission. Such appeal must be submitted to the council within fifteen (15) days from such commission action. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

      11.   Approval Period:

         a.   Failure to file and obtain the certification of the acceptance of the final plat application by the developer within one year after action by the commission shall cause all approvals of said preliminary plat to be null and void, unless an extension of time is applied for and granted by the commission prior to the expiration date. The approval period for the final plat may be in excess of one year if so requested in the application or in writing before the expiration of the preliminary plat and approved by the commission and council. (Ord. 09-507, 9-1-2009)

         b.   In the event that the development of the preliminary plat is made in successive continuous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one year, may be considered for final approval without resubmission for preliminary plat approval.

   D.   Final Plat:

      1.   Application: After the approval or conditional approval of the preliminary plat, the subdivider may cause the subdivision, or any part thereof, to be surveyed and a final plat prepared in accordance with the approved preliminary plat. The subdivider shall submit to the commission the following:

         a.   Four (4) copies and the original of the final plat. The original plat shall be returned to the subdivider for other approval, if needed, and recording upon council approval.

         b.   Four (4) copies and the original of the final engineering construction drawings for the streets, water, sewers, sidewalks and other public improvements.

      2.   Content Of Final Plat: The final plat shall include and be in compliance with all items required under title 50, chapter 13 of the Idaho Code and shall be drawn at a scale and contain lettering of such size as to enable the same to be placed on one sheet of eighteen inch by twenty four inch (18" x 24") drawing paper, with no part of the drawing nearer to the edge than one inch (1"). The reverse of said sheet shall not be used for any portion of the drawing, but may contain written matter as to dedications, certifications and other information. The final plat shall include or shall be submitted at the same time, as the case may be, at least the following:

         a.   A written application for approval of such final plat as stipulated by the commission;

         b.   Proof of current ownership of the real property included in the proposed final plat;

         c.   Such other and further information as the commission may deem necessary to establish whether or not all proper parties have signed and/or approved said final plat;

         d.   Conformance with the approved preliminary plat and meeting all requirements or conditions thereof;

         e.   Conform to all requirements and provisions of this chapter; and

         f.   Acceptable engineering practices and local standards.

      3.   Commission Review:

         a.   Submittal Of Final Plat: The commission shall review the final plat for compliance with the approved or conditionally approved preliminary plat. If the commission determines that there is substantial difference in the final plat from that which was considered as a preliminary plat or conditions which have not been met, the commission may require that the final plat be resubmitted to the technical review committee and commission in the same manner as required in the preliminary plat process.

         b.   Submission To The Council: Upon the determination that the final plat is in compliance with the preliminary plat and all conditional requirements have been met, the commission shall place the final plat on the council agenda within forty five (45) days from the date that an acceptable final plat application was received and acknowledged by the commission.

      4.   Agency Review: The commission may transmit one copy of the final plat, or other document submitted, for review and recommendation to the same departments and agencies, or others as they may deem necessary to ensure compliance with the preliminary approval and/or conditions of preliminary approval. Such agency review shall also include the construction standards of improvements, compliance with health standards, the cost estimate for all improvements and the legal review of the performance bond.

      5.   Council Action: The council at its next meeting following receipt of the commission's report shall consider the commission's findings and comments from concerned persons and agencies to arrive at a decision on the final plat. If said final plat conforms to the requirements of this chapter applicable at the time of approval of the preliminary plat, all rulings made by the commission on the preliminary plat, and the requirements of the Idaho state law, the council shall approve, approve conditionally, disapprove or table the final plat for additional information within thirty (30) days of the date of the regular meeting at which the plat is first considered.

      6.   Approval Period: Final plat and covenants, if any, shall be filed by the subdivider/developer with the county recorder within ninety (90) days after written approval by the council; otherwise, such approval shall become null and void unless prior to said expiration date an extension of time is applied for and granted by the commission.

      7.   Method Recording: Upon approval of the final plat by the council, and the inclusion of the following signatures on the final plat, then the subdivider shall deliver the final plat to the county recorder for recording:

         a.   Certification and signature of the council verifying that the subdivision has been approved;

         b.   Certification and signature of the city public works director/city engineer verifying that the subdivision meets the city requirements and has been approved by the council; and

         c.   Certification and signature of local or state health agency that all health requirements have been complied with or the required sanitary restriction set forth in title 50, chapter 13, Idaho Code has been placed thereon. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

   A.   Minimum Design Standards Required: All plans submitted pursuant to the provisions of this chapter, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall fully comply with the minimum design standards set forth hereinafter in this chapter; provided, however, that any higher standards adopted by any highway district, state highway department or health agency shall prevail over those set forth herein.

   B.   Dedication: Arterial collector streets shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to public use.

   C.   Location: Street and road location shall conform to the following:

      1.   Street Location And Arrangements: When a major street plan or comprehensive development plan has been adopted, subdivision streets shall conform to such plans;

      2.   Local Or Minor Streets: Local or minor streets shall be so arranged as to discourage their use by through traffic;

      3.   Street Continuation And Extension: The arrangement of streets shall provide for the continuation of existing streets from adjoining areas into new subdivisions unless otherwise approved by the council and the highway district or department having jurisdiction over such streets;

      4.   Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas. A reserve strip may be required and held in public ownership;

      5.   Relation To Topography: Streets shall be arranged in proper relation to topography so as to result in usable lots, safe streets and acceptable gradients;

      6.   Alleys: Alleys shall be provided in multiple dwelling or commercial subdivisions unless other provisions are made for service access and off street loading and parking. Dead end alleys shall be prohibited in all cases;

      7.   Frontage Roads: Where a subdivision abuts or contains an arterial street, it may be required, in the discretion of the commission, that there be frontage roads approximately parallel to and on each side of such arterial street, and that there be such other treatment as is necessary for the adequate protection of residential properties and to separate through traffic from local traffic;

      8.   Cul-De-Sac Streets: Cul-de-sac streets are discouraged, but if used, must be a minimum of a fifty foot (50') radius (100 foot diameter from curb to curb), and the street to the cul-de-sac shall be no longer than two hundred feet (200') to the mouth of the cul-de-sac;

      9.   Half Streets: Half streets shall be prohibited except where unusual circumstances make such necessary to the reasonable development of a tract in conformance with this chapter and where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated with such tract; and

      10.   Private Streets: Private streets and roads shall be prohibited except within planned unit developments.

   D.   Specifications:

      1.   Street Right Of Way Widths: Street and road right of way widths shall conform to the adopted major street plan or comprehensive development plan and the rules of the state department of highways and the highway district or department having jurisdiction; minimum right of way standards are as follows:

 

 

Curbs on minor streets shall be at least forty feet (40') apart as measured from the back of the curb on one side of the street to the back of the curb on the opposite side of the street.

      2.   Street Grades: Street grades shall not exceed nine percent (9%) on either minor or collector streets, and no street grade shall be less than three-tenths foot (0.3') per one hundred feet (100').

      3.   Vertical Street Alignment: Minimum sight distances shall be two hundred feet (200') for minor streets and three hundred feet (300') for other streets.

   E.   Street Names: The naming of streets shall conform to the following: 1) street names shall not duplicate any existing street name except where a new street is a continuation of an existing street; 2) street names that may be spelled differently but sound the same as existing streets shall not be used.

   F.   Intersections: Intersections shall conform to the following:

      1.   Angle Of Intersection: Streets shall intersect at ninety degrees (90°) or as closely thereto as possible, and in no case shall streets intersect at less than eighty degrees (80°);

      2.   Number Of Streets: No more than two (2) streets shall cross at any one intersection;

      3.   T-Intersections: T-intersections may be used wherever such design will not unduly restrict the free movement of traffic;

      4.   Vertical Alignment Of Intersection: A nearly flat grade with appropriate drainage slopes is desirable within intersections. This flat section shall extend fifty feet (50') to one hundred feet (100') each way from the intersection. An allowance of two percent (2%) maximum intersection grade in rolling terrain and four percent (4%) in hilly terrain will be permitted.

   G.   Pedestrian Walkways: Right of way for pedestrian walkways in the middle of long blocks shall be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the right of way shall be at least ten feet (10') wide and shall extend entirely through the block.

   H.   Easements: Unobstructed utility easements shall be provided along front lot lines, rear lot lines, and side lot lines when necessary; where easements are provided on two (2) adjoining lots, a ten foot (10') easement per lot is required. Alleyways shall be required unless all services are provided from the front of the lots. Unobstructed drainage way easements shall be provided as needed or required by the city council.

   I.   Blocks:

      1.   Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature, or subdivision boundary; blocks shall not be less than three hundred feet (300') long.

      2.   The length, width and shape of blocks shall be determined with due regard to adequate sites suitable to the special needs of the type of use contemplated; the zoning requirements as to lot size and dimensions; the need for convenient access, circulation, control and safety of street traffic; and the limitations and opportunities of topography.

   J.   Lots: Lots shall conform to the following:

      1.   Lot Sizes: No subdivision plat in the area included in an R-1 district shall hereafter be approved by the city unless all interior lots shown thereon shall have a frontage of seventy five feet (75') or more and a minimum area of six thousand one hundred (6,100) square feet. Corner lots shall have a frontage of seventy five feet (75') or more and a minimum area of seven thousand three hundred twenty (7,320) square feet or more, except in the event a cul-de-sac variance is granted, that lots fronting on cul-de-sac circles may have reduced frontage as approved by the council, but shall not be less than forty feet (40');

      2.   Lot Lines: Side lot lines shall be essentially at right angles to straight streets and shall generally conform to the radius of curved streets;

      3.   Width Related To Length: Narrow, deep lots shall be avoided;

      4.   Corner Lots: Corner lots shall have sufficient extra width to permit appropriate building setback from both streets or orientation to both streets;

      5.   Uninhabitable Areas: Land subject to flooding or which shall otherwise be deemed to be uninhabitable shall not be platted for residential purposes or for any other uses that may increase or create a danger to health, life, or property or which may increase or create a flood hazard. Such land within a subdivision shall be set aside for other uses such as parks or other open space;

      6.   Back Up Lots: Lots shall not back into such features as freeways, arterial streets, shopping centers, or industrial properties, except where there is a marginal access street, unless a secondary access is provided. Such lots shall contain a landscaped easement along the rear at least twenty feet (20') wide in addition to the utility easement; the restricted access to the arterial street will minimize noise and protect outdoor living areas. Lots extending through a block and having frontage on two (2) local streets are to be discouraged and may be prohibited by the commission;

      7.   Lot Frontage: All rectangular lots shall have at least seventy five feet (75') of frontage upon a publicly dedicated street. Variances may be permitted for an approved planned unit development; and

      8.   Future Arrangements: Where parcels of land are subdivided into unusually large lots (such as when large lots are approved for septic tank operations) the parcels shall be divided, where feasible, so as to allow for future resubdividing into smaller parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future subdividing or lot splitting is contemplated the plan thereof shall be approved by the commission prior to the taking of such action;

      9.   Further Subdivision Of Lots: In order to protect the easements, traffic density plans, utility plans of the city, and general plans of ingress and egress from a subdivision, the platted lots, as depicted upon the final plat as approved by the city, shall not be further subdivided for the purpose of creating a greater density without a submission of an amended subdivision plat, and conforming with the requirements of this chapter for submission and approval of amended plats.

   K.   Planting Strips And Reserve Strips: Planting strips and reserve strips shall conform to the following:

      1.   Planting Strips: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screens shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal roadway right of way or utility easement; and

      2.   Reserve Strips:

         a.   Reserve Strips, Private: Privately held reserve strips controlling access to streets shall be prohibited.

         b.   Reserve Strips, Public: A one foot (1') reserve may be required to be placed at the end or along "stub", "dead end", or "half" streets which terminate at subdivision boundaries. These reserves shall be deeded in fee simple to the city for future street purposes.

   L.   Public Sites And Open Spaces: Public sites and open spaces shall conform to the following:

      1.   Public Uses: Where a proposed park, playground, school or other public use shown on the comprehensive development plan is located in whole or part within a subdivision, a suitable area for this purpose shall be dedicated to the public or reserved for public purchase. If within two (2) years of plat recording, the purchase is not agreed on, the reservation shall be canceled or shall automatically cease to exist; and

      2.   Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots, and similar irreplaceable assets) shall be preserved, insofar as possible, in the design of the subdivision.

   M.   Large Scale Developments: Large scale developments shall be governed by the following provisions:

      1.   Modification: This chapter may be modified in accordance with the variance provisions of this section in the case of a subdivision large enough to constitute a complete community or neighborhood, consistent with the comprehensive development plan which provides and dedicates adequate public open space and improvements for circulation, recreation, education, light, air, and service needs of the track when fully developed and populated; and

      2.   Neighborhood Characteristics: A community or neighborhood under this provision shall be consistent with the comprehensive development plan, bounded by major streets or natural physical barriers, and shall contain public areas of sufficient size for schools, playgrounds, parks and other public facilities to serve its population. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

   A.   Purpose: It is the purpose of this section to establish and define the public improvements which will be required to be constructed by the subdivider as conditions for final plat approval and also to outline the procedures and responsibilities of the subdivider and the various public officials and agencies concerned with the administration, planning, design, construction, and financing of public facilities and to further establish procedures for assuring compliance with these requirements.

   B.   Responsibility For Plans: It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by a registered engineer, a complete set of construction plans, including profiles, cross section, specifications, and other supporting data, for all required public streets, utilities and other facilities. Such construction plans shall be based on preliminary plans which have been approved with the preliminary plat, and shall be prepared in conjunction with the final plat. Construction plans are subject to approval by the public works director/city engineer and other responsible public agencies. All construction plans shall be prepared in accordance with the public agencies' standards or specifications.

   C.   Required Public Improvements: Every subdivider shall be required to install the following public and other improvements in accordance with the conditions and specifications as follows:

      1.   Monuments: Monuments shall be set in accordance with section 50-1313, Idaho Code.

      2.   Streets And Alleys: All streets and alleys shall be constructed in accordance with the standards and specifications adopted by the council. Vertical curbs and gutters shall be constructed on arterial streets.

      3.   Curbs And Gutters: Curbs and gutters shall be required on minor streets and shall be constructed in accordance with the standards and specifications adopted by the council.

      4.   Installation Of Public Utilities: Underground utilities are recommended and may be required by the council in areas where overhead facilities would not be compatible with the surrounding properties.

      5.   Driveways: All driveway openings in curbs shall be as specified by the public works department, highway district or state highway department.

      6.   Water Supply System: When a proposed subdivision is to be serviced by a public water supply system, fire hydrants and other required water system appurtenances shall be provided by the subdivider. If there is no existing or accessible public water supply system, the subdivider shall be required to install a water supply system for the common use of the lots within the subdivision as approved by state department of environmental quality. Individual wells may be permitted in accordance with the requirements of the appropriate health district.

      7.   Sanitary Sewer System: When a proposed subdivision is to be served by a public sanitary sewage system, sanitary sewers and other required appurtenances thereto shall be provided by the subdivider as approved by the state department of environmental quality. Where it is determined in the judgment of the commission, based upon the advice of the appropriate health district, that a subdivision cannot be feasibly connected with an existing public or private sewer system, a public or private sewer system may be authorized which shall comply with the requirements of the appropriate health district.

      8.   Sidewalks And Pedestrian Walkways: Sidewalks shall be required on both sides of the street. Where the average width of lots, as measured at the frontage line or at the building setback line, is over one hundred feet (100'), sidewalks on one side may be required by the council. Pedestrian walkways, when required, shall have easements at least ten feet (10') in width and include a concrete walk at least five feet (5') in width, located generally along the centerline of the easement, dedicated as a public pedestrian walkway. Sidewalks and crosswalks shall be constructed in accordance with the standards and specifications as adopted by the council.

      9.   Greenbelt: Greenbelts or landscaping screening may be required for the protection of residential properties from adjacent major arterial streets, waterways, railroad rights of way or other features. Subdivision plats shall show the location of any greenbelt areas.

      10.   Street Lighting: Streetlights may be required to be installed at intersections throughout the subdivision. In these cases a subdivider shall conform to the requirements of the city and the public utility in providing such lighting.

      11.   Bicycle Paths: Bicycle paths should be considered in all developments and may be required by the commission.

      12.   Responsibility For Private Improvements And Public Utilities: It shall be the responsibility of the subdivider to arrange and provide for the development, installation, construction or other improvement of private facilities and public utilities within and for the subdivision in accordance with applicable standards and requirements.

      13.   Responsibilities For Construction Of Public Works:

         a.   The scope of this section is to define the respective areas of responsibility of the subdivider and the city relative to the installation, construction, or other improvements of public works en route to and within the boundaries of a subdivision.

         b.   In certain instances, the city may require formal written agreements with the subdivider that more fully and specifically describe their respective obligations and responsibilities.

      14.   General: It shall be the responsibility of the subdivider to complete at his sole expense all the development and construction of public works for and within his subdivision, except as specifically provided otherwise to be the obligation and responsibility of the city, or as may be accepted by the city as being within the spirit and intent of its responsibilities.

      15.   Completion Of Public Works: The subdivider shall complete the installation or construction of all the different phases of public works for which he is responsible before the city will accept any of them. This requirement may be satisfied by completion of a stage if a staged development is called for in the approved development plan.

      16.   Guarantee Of Completion: Until the public works for which the subdivider is responsible are complete, or an acceptable stage of the development is completed, the city will issue no building permit for private construction therein, unless a satisfactory performance bond or other suitable guarantee of performance acceptable to the city is provided by the subdivider.

      17.   Evidence Of Completion:

         a.   The subdivider shall notify the city in writing when the public works for which he is responsible have been completed;

         b.   The public works director/city engineer shall also certify in writing, a copy of which shall be sent to the subdivider, that the said public works have been inspected by him or his authorized representative, and that the said public works have been completed in accordance with applicable standards and specifications. "As built construction plans" shall be submitted to the city upon completion.

      18.   Acceptance Of Public Works: Compliance with the foregoing provisions shall constitute the city's acceptance of the public works. The city shall thereby accept said public works and be responsible for their operation and maintenance in accordance with city policies.

      19.   Streets:

         a.   Subdivider Requirements: The subdivider shall perform, install, construct, or otherwise complete at his sole expense the following items relative to street improvements within the boundaries of the subdivision:

            (1)   Route (or boundary) surveys of the dedicated rights of way.

            (2)   Construction surveys of line and grade.

            (3)   Installation of sidewalks, as applicable.

            (4)   Installation of curb and gutters, as applicable.

            (5)   Preparation of the subgrade.

            (6)   Installation of the roadway base course.

            (7)   Installation of a crushed gravel leveling course to be used as a temporary wearing surface until a permanent asphalt pavement is installed.

            (8)   Installation of asphalt pavement shall be installed following the installation of curbs and gutters.

            (9)   Adequate runoff, storm sewers, pipes, culverts, ditches or other drainage facilities as designated by the commission.

         b.   City Requirements: The city shall perform, install, construct, or otherwise complete at its sole expense the following items relative to street improvements within the boundaries of the subdivision:

            (1)   Installation of traffic control signs and signals and street name signs;

            (2)   Improvements, to the extent the city deems suitable, subject to budgetary limitations, such existing right of way it considers necessary to provide adequate access to the subdivision;

            (3)   Inspection of all phases of construction to assure compliance with applicable standards and specifications.

      20.   Sanitary Sewage Collection System: The subdivider shall be responsible for the installation of a sanitary sewage collection system within the boundaries of the subdivision. The subdivider shall perform, install, construct or otherwise complete at his sole expense the following items relative to sanitary sewers:

         a.   Preparation of plans and specifications for the construction of the sanitary sewer system, including extensions from the existing collection system, and the approval of said plans and specifications by the Idaho department of health and welfare, division of environmental quality;

         b.   Construction surveys of line and grade within the subdivision;

         c.   Installation of the sewer system within the subdivision, including sewers, manholes and other appurtenances, and, if applicable, sewage pumping stations;

         d.   Installation of a sewer service line to the property line of each lot with appropriate termination cleanout with traffic lid;

         e.   Installation of a sewer extension from the existing collection system to a designated point of connection near the subdivision;

         f.   Connections to the sewers will be in accordance with existing procedures and the policies of the city; and the subdivider will be liable for the payment of sewer assessment and hookup charges as provided by city ordinances.

      21.   Water Distribution System: The subdivider shall be responsible for the installation of a culinary water distribution system within the boundaries of the subdivision. The subdivider shall perform, install, construct, or otherwise complete at his sole expense the following items relative to a culinary water distribution system:

         a.   Preparation of plans and specifications for the construction of the water distribution system, and the approval of said plans and specifications by the Idaho department of health and welfare, division of environmental quality;

         b.   Construction surveys of line and grade within the subdivision;

         c.   Installation of the water distribution system within the subdivision, including water lines, control valves, fire hydrants, and appurtenant facilities;

         d.   Installation of a water service line to the property line of each lot;

         e.   Installation of a water line extension or extensions as indicated above;

         f.   Connections to the water mains shall be in accordance with existing procedures and policies of the city; and the subdivider shall be liable for the payment of water assessment and hookup charges as provided by city ordinances.

      22.   Reimbursement For Oversizing: In the event the city requires the subdivider to install oversized pipelines or other excess facilities to make provisions for present or future service needs in excess of the requirements for the subdivision, the city shall reimburse the subdivider for the additional costs of material and installation resulting therefrom.

      23.   Building Line Setback: In all new subdivisions the building line setback shall be a minimum of twenty feet (20') from the property line. In the event that a new subdivision is located along a street with existing residences, the setback line shall be not less than other structures along the street and preferably should be set back at an average of the existing structures.

      24.   Side And Rear Lot Line Clearance: In all new subdivisions no building of any nature shall be placed or constructed nearer than five feet (5') of the property line. Where utility rights of way or other rights of way or easements are provided along property lines and lot lines no structure of any nature shall be permitted in such rights of way or easements, except for the purpose for which they are provided. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

   A.   Purpose: The purpose of this section is to identify the various types of special developments that normally pose special concerns to the commission and elected officials when reviewing and acting upon subdivision requests. Therefore, this chapter outlines the general plan submittal requirements and design standards that shall be taken into consideration when acting on special developments. The provisions of this section are in addition to the plan requirements and design standards that are required by sections 5-21-10 and 5-21-11 of this chapter. The required information shall be submitted to the commission with the preliminary plat.

   B.   Planned Unit And Condominium Developments:

      1.   Site Development Plan: The developer shall provide the commission with a colored rendering of adequate scale to show the completed development that will include at least the following:

         a.   Private Streets: Private street construction standards shall be based upon recommendations from the public works director/city engineer and commission. Adequate construction standards may vary depending on the size of the development and demands placed on such improvements.

         b.   Homeowners' Association: Homeowners' association bylaws and other similar deed restrictions which provide for the control and maintenance of all common areas, recreation facilities or open space shall meet with the approval of the council. Any and all powers as specified in such agreements may be required to also be assigned to the jurisdictional agency to ensure continued and adequate maintenance of all such common areas, recreational facilities and open spaces, ability to assess property for delinquencies and enforcement of motor vehicle speed to the best interest of the owners involved and of the general public.

         c.   Storage Areas: Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one adequate space shall be provided for every three (3) living units. This may be reduced by the council if there is a showing that the needs of a particular development are less.

         d.   Parking Space: One additional parking space beyond that which is required by the zoning ordinance may be required for every three (3) dwelling units to accommodate visitor parking.

         e.   Maintenance Building: A maintenance building shall be provided, size and location to be determined by the type and service needed for the necessary repair and maintenance of all common areas.

         f.   Open Space: The location of open space shall be appropriate to the development and shall be of such shape and area to be usable and convenient to the residents of the development.

         g.   Control During Development: Single ownership or control during development shall be required and a time limit may be imposed and/or a performance bond may be required to guarantee the development is built and constructed as planned.

   C.   Cemeteries:

      1.   Function: The developer shall provide the commission with written documentation that will sufficiently explain if the proposed cemetery will be used for either human or animal remains and the functions that are anticipated on the property.

      2.   Compliance With Idaho Code: The developer shall submit a written statement that has been prepared by an attorney that adequately assures the compliance of the proposed cemetery with the procedural platting requirements that are outlined in title 27, Idaho Code.

   D.   Manufactured Home (Mobile Home) Parks:

      1.   General: Manufactured home parks shall in general be treated the same as any residential subdivision, subject to any special requirements set forth in the zoning ordinance and also subject to the following special requirements.

      2.   Special Requirements: Manufactured home parks shall be subject to the following special requirements:

         a.   Developed as a planned unit development with a minimum lot area for the planned development of two (2) acres;

         b.   Essential community facilities and services for the type of development under consideration is available, or provisions shall be made to assure that these facilities will be provided;

         c.   The site shall be suitable for residential development and not be subject to hazards such as insect or rodent infestation, objectionable smoke, noxious odors, unusual noise, or the probability of flooding or erosion;

         d.   Adequacy of provisions for drainage of surface waters and for waste disposal;

         e.   Protection of existing ground cover;

         f.   Screening from adjacent areas, other than subdivisions of the same type, by aesthetically acceptable fences, walls, living plant areas, and existing natural or manmade barriers;

         g.   The width and construction of access streets shall be suitable for the vehicular traffic requirements of the property served. No lot within the development shall have direct vehicular access to a street bordering the development; and

         h.   Creation of a homeowners' association to assure that all common open spaces are adequately maintained.

   E.   Recreational Vehicle Parks:

      1.   General: Recreational vehicle parks shall in general be treated the same as any residential subdivision, subject to any special requirements set forth in the zoning ordinance and also subject to the following special requirements.

      2.   Special Requirements:

         a.   Recreation vehicle parks shall be developed as a planned unit development with a minimum lot area for the planned development of two (2) acres;

         b.   Essential community facilities and services for the type of development under consideration shall be included in the plans or there shall be reasonable assurance that the facilities and services are available, or provisions shall be made to assure that these facilities will be provided;

         c.   There shall be adequate provisions for drainage of surface waters and for waste disposal;

         d.   There shall be adequate protection of existing ground cover;

         e.   There shall be adequate screening from adjacent areas, other than subdivisions of the same type, by aesthetically acceptable fences, walls, living plant areas, and existing natural or manmade barriers; and

         f.   There shall be adequate provision for width and construction of access streets which shall be suitable for the vehicular traffic requirements of the property served. No lot within the development shall have direct vehicular access to a street bordering the development.

   F.   Large Scale Development Subdivision; Required Information: Due to the impact that large scale development would have on public utilities and services, the developer shall submit the following information along with the preliminary plat:

      1.   Identification of all public services that would be provided to the development that will occur as a result of the subdivision (re: fire protection, police protection, central water, central sewer, road construction, recreation, maintenance, schools and other);

      2.   Estimate the public service costs to provide adequate service to the development;

      3.   Estimate the tax revenue that will be generated from the development; and

      4.   Public means of financing the services for the development if any public services would not be offset by tax revenue received from the development. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

   A.   Application Procedure:

      1.   Application: Any property owner desiring to vacate an existing subdivision public right of way or easement, or desiring to dedicate a street right of way or easement, shall complete and file an application with the commission and also file such other applications as are otherwise required by law. These provisions shall not apply to the widening of any street which is shown in the comprehensive development plan, or the dedication of streets, rights of way, or easements to be shown on a recorded plat of a subdivision.

      2.   Council Action:

         a.   When considering an application for vacation procedures, the council shall establish a date for a public hearing and give such public notice as required by Idaho law. The council may approve, deny, or modify the application. Whenever public rights of way or lands are vacated, the council shall provide adjacent property owners with a quitclaim deed for said vacated rights of way in such proportions as are prescribed by Idaho law.

         b.   When considering an application for dedication procedures, the council may approve, deny, or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the council a deed describing and conveying such lands to be recorded with the county recorder.

   B.   Purpose Of Variances: The commission may recommend to the council a variance from the provisions of this chapter on a finding that undue hardship may result from strict compliance with specific provisions or requirements of this chapter or that application of such provisions or requirements is impracticable. The commission shall only recommend variances that it deems necessary to or desirable for the public interest. In making its findings, the commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be recommended unless the commission finds after a public hearing that:

      1.   There are such special circumstances or conditions affecting said property that the strict application of the provisions of this chapter would clearly be impracticable, or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provisions or requirement involved;

      2.   The granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated;

      3.   Such variance will not violate the provisions of the Idaho Code; and

      4.   Such variance will not have the effect of nullifying the interest and purpose of this chapter and the comprehensive development plan. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)

   A.   Enforcement: No subdivision plat required by this chapter or the Idaho Code shall be admitted to the public land records of the county or recorded by the county recorder until such subdivision plat has received final approval by the council. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by this chapter until the final plat has received the approval by the council.

   B.   Penalties: Penalties for failure to comply with the provisions of this chapter shall be as follows:

      1.   Violation of any of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered as a separate offense. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

      2.   Nothing herein contained shall prevent the council or any other public official or private citizen from taking such lawful action as is necessary to retain or prevent any violation of this chapter or of the Idaho Code. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)