Ordinance # 139

AN ORDINANCE PROVIDING FOR THE ADOPTION OF A SUBDIVISION ORDINANCE APPLICABLE TO THE INCORPORATED LIMITS OF THE CITY OF RIGGINS; SETTING FORTH GENERAL PROVISIONS; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; AND GENERALLY DESCRIBING REQUIREMENTS FOR ALL SUBDIVISION APPROVAL; PROVIDING FOR THE ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RIGGINS, IDAHO COUNTY, IDAHO, AS FOLLOWS:

Section 1.    The following ordinance, which is attached hereto and hereby incorporated by the reference as Exhibit "A" shall be know as the Subdivision Ordinance.

Section 2.    All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 3.    This ordinance shall become effective upon its passage, approval, and publication.

PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER, 1998.

TABLE OF CONTENTS

ARTICLE 1.    GENERAL PROVISIONS

    SECTION 1.    TITLE

    SECTION II.    AUTHORITY   

    SECTION III.    PURPOSE

    SECTION IV.    JURISDICTION

    SECTION V.    INTERPRETATION

    SECTION VI.    ADMINISTRATION

    SECTION VII.    COMBINING OF PERMITS

    SECTION VIII.    SEVERABILITY

ARTICLE II.    DEFINITION

    SECTION 1.    INTERPRETATION OF TERMS OR WORDS

    SECTION II.    MEANING OF TERMS OR WORDS

ARTICLE III.    PROCEDURE FOR SUBDIVISION APPROVAL

    SECTION 1.    SUBDIVISION APPROVAL REQUEST

    SECTION II.    PRE-APPLICATION

    SECTION III.    PRELIMINARY PLAT

    SECTION IV.    FINAL PLAT

ARTICLE IV.     DESIGN STANDARDS

    SECTION 1.    MINIMUM DESIGN STANDARDS

    SECTION II.    DEDICATION

    SECTION III.    LOCATION

    SECTION IV.    SPECIFICATIONS

    SECTION V.    STREET NAMES

    SECTION VI.    INTERSECTIONS

    SECTION VII.    PEDESTRIAN WALKWAYS

    SECTION VIII.    EASEMENTS

    SECTION IX.    LOTS

    SECTION X.    IMPROVEMENT STANDARDS

    SECTION XI.    SPECIAL DEVELOPMENT SUBDIVISIONS

    SECTION XII.    ADMINISTRATION AND ENFORCEMENT

ARTICLE 1.    GENERAL PROVISIONS

    SECTION 1.    TITLE

        This Ordinance shall be known as the "Subdivision Ordinance" of Riggins, Idaho

    SECTION II.    AUTHORITY

        These regulations are authorized by Title 50, chapter 13 of Idaho Code; Title 67, Chapter 65 of the Idaho Code, and Article 12, Section 2 of the Idaho Constitution, as amended or subsequently codified.

    SECTION III.    PURPOSE

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

        A.    The harmonious development of the area;

        B.    The coordination of streets and roads within the subdivision with other existing or planned streets and roads.

        C.    Adequate open space for travel, light, air and recreation.

        D.    Adequate transportation, water drainage, sanitary facilities, and safety measures such as pedestrian walkways and fire protection.

        E.    The avoidance of scattered subdivision of land that would result in either of the following:

            1.    The lack of water supply, sewer service, drainage, transportation or other public services; and

            2.    The unnecessary imposition of an excessive expenditure of public funds for the supply of such services;

        F.    The requirements as to the extent and the manner in which:

            1.    Roads, walkways, and fire hydrants shall be created and improved; and

            2.    Water and sewer and other utility mains, piping connections or other facilities shall be installed as condition precedent tot he approval of the plot;

        G.    The manner and form of making and filing of any plat; and

        H.    The administration of these regulations by defining the procedures for the equitable review and approval of all plats and subdivisions covered by these regulation.

    SECTION IV.    JURISDICTION

        These regulations shall apply to the subdividing of land within the corporate limits of Riggins.  Should a subdivision outside of the corporate limits of Riggins but within the area of impact desire City utility services, this area must be annexed into the City of Riggins.  City services will not be provided to areas outside of the corporate limits.

    SECTION V.    INTERPRETATION

        All subdivisions as herein defined shall be submitted for approval by the Council and shall comply with the provisions of these regulations.  The regulations shall supplement all other regulations, and where at variance with other laws, regulations, ordinances and resolutions, the more restrictive requirements shall apply.  This ordinance shall not apply to any subdivision created and forming a part of any lot or lots forming a part of any subdivision created and recorded prior tot he effective date herein, except for the further dividing of lots; nor is it intended by this Ordinance to repeal (except as herein provided), abrogate, annul or in nay 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.

    SECTION VI.    ADMINISTRATION

        The Council shall act as a Planning and Zoning Commission to carry out the provisions as herein specified.  They will receive and make recommendations on all subdivision applications or other issues related to City Planning and Zoning.  The Council may appoint a separate Planning and Zoning Commission, if they deem necessary at a later date.

        If a Commission is appointed and 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 tot he application or issue concerned.

    SECTION VII.    COMBINING OF PERMITS

        The Commission is hereby required to combine all permits which may be required in the Ordinance and previously or subsequently adopted City Ordinances which are relative to land development into one permit application and processing procedure. In conjunction with a combined permit, the Commission shall coordinate methods of approval with the respective departments for the purpose of reducing errors, misunderstanding, confusion and unnecessary delay for everyone involved.

    SECTION VIII.    SEVERABILITY

        Where any word, phrase, clause, sentence, paragraph, section or other part of these regulation are held invalid by a court of competent jurisdiction, such judgment shall affect only that part so held invalid.

ARTICLE II.    DEFINITION

    SECTION 1.    INTERPRETATION OF TERMS OR WORDS

        For the purpose of these regulations, certain terms or words used herein shall be interpreted as follows:

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

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

            C.    The masculine shall include the feminine.

    SECTION 11.    MEANING OF TERMS OR WORDS

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

            Board    The Board of City Councilmen of Riggins, Idaho

            Building    A structure designed or used as the living quarters for one (1) or more families, or a structure designed or used for occupancy by people for commercial or industrial uses.

            Building Set Back Line    An imaginary line established by subdivision regulations and zoning ordinances requiring all buildings to be set back a certain distance from lot lines.

            Building Site    An area proposed or provided and improved by grading, filling, excavation or other means for erecting foundations or pads for buildings.

            Cemetery    A lot that has been platted for the selling of sites for the burial of animal or human remains.

            City    The City of Riggins, Idaho, as specified by City Ordinance.

            Commission       The Planning and Zoning Commission, as appointed by the Council to administer this Ordinance, having jurisdiction over the parcel of land under consideration.

            Committee    That Technical Committee, appointed by the Council upon recommendation from the Commission, to assist with the technical evaluation of subdivisions, and to make recommendations to the Commission.  The membership of the Committee shall include, but not be limited to, persons that are engaged in either private or public work with specific knowledge in the following areas:

                    A.    Road design and construction.

                    B.    Sewer and water facility design and construction.

                    C.    Health requirements for water and sewer facilities.

                    D.    Environmental planning criteria such as:  geology, water systems, vegetation and noise;

                    E.    Solid waste; and

                    F.    Recreational and open space.

            Comprehensive Plan    An adopted document that herein may be referred to as a Comprehensive Plan or Comprehensive Document Plan.  The document shall show 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) undivided interest n 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 any combination thereof.

            Council    The City Council of the City of Riggins

            County Recorder    The Office of the County Recorder

            Covenant    A written promise of 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, either by ordinance, resolution, or entry in the official minutes, or by the recording of a plat showing such dedication.

            Developer    Authorized agent(s) or a sub divider or the sub divider himself.

            Dwelling Unit   

                A.    Any building or other structure proposed or built for occupancy by people.

                B.    Pre-Fab Dwelling Unit - A building or other structure, proposed or built for occupancy by people that is designed for initial transportation on streets and highways which arrives at a site where it is installed on a permanent foundation.

            Easement    A grant by a property owner to specific persons or to the public to use land for specific purposes.  Also, a right acquired by prescription.

            Engineer    Any person who is licensed in the State to practice professional engineering.

            Flood Plain    The relatively flat area or low land adjoining the channel of a river, stream, or water course or other body of water which had been or may be covered with water of a flood of one hundred (100) year frequency.  The flood plain includes the channel, floodway and floodway fringe, as described below along with other terms.

                A.    "Flood of one hundred (100) year frequency" shall mean a flood magnitude which has a one percent (1%) chance of being equaled or exceeded in any given year.

                B.    "Flood" shall mean the temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of water;

                C.    "Channel" shall mean a natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water;

                D.    "Floodway" shall mean the channel or a watercourse and those portions of the flood plain adjoining the channel which are reasonably required to carry and discharge the flood water of any watercourse;

                E.    "Floodway-encroachment lines" shall mean the lines limiting a designated floodway;

                F.    "Designated Floodway" shall mean a floodway whose limits have been designated and established.

                G.    "Floodway Fringe" shall mean that part of the flood plain which is beyond the floodway encroachment lines limiting a designated floodway.  Such areas will include those portions of the flood plain which will be inundated b a flood of one hundred (100) year frequency but which may be developed for use under land use regulations without material effect upon the flood water levels.  Such areas are characterized by shallow flood depths and low velocities of water flow.

            Governing Body    The Mayor and City Council of the City of Riggins, Idaho.

            Hillside Subdivision    Any subdivision, or portion thereof, having an average slope of ten percent (10%) or more.

            Highway    A street designated as a highway by an appropriate State or Federal agency.

            Improvement    Any alteration tot he land or other physical constructions associated with subdivision and building site developments.

            Large Scale Development    A subdivision, the size of which consists of fifty (50) or more lots or dwelling units.

            Lot    A parcel, plot, tract or other land area of suitable size as required in these regulations and the existing zoning ordinance; 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:

                A.    Corner Lot is a lot located at the intersection of two (2) or more streets;

                B.    Interior Lot is a lot other than a corner lot with frontage on only one (1) street;

                C.    Through Lot is a lot with frontage on more than one (1) street other than a corner lot.  Also known as double frontage lots.

                D.    Reversed Lot is a lot with frontage on a side street or other right-of-way other than interior or corner lot.

            Mobile Home    A single family dwelling designated for transportation after fabrication on streets and highways on its own wheels or on a flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like.  A pre-fab dwelling unit or travel trailer is not to be considered as a mobile home.  A travel trailer is one that can be legally towed by a passenger car.

            Mobile Home Park    A park designated and intended for purposes of rental spaces where residence is in mobile homes exclusively.

            Mobile Home Subdivision    A subdivision designed and intended for exclusive mobile home residential use where residence is in mobile home exclusively and land owned by occupant.

            Open Space    An area open to the sky for outdoor recreation activity.  Streets, buildings, or other covered structures are not including 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, or any platted contiguous parcel of land held in one (1) ownership and of record at the effective date of this ordinance.

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

            Pedestrian Walkway    A strip of land dedicated to unrestricted pedestrian use that gives access to any building that is set back from the normal location of buildings along the street frontage.

            Performance Bond    An amount of money or other negotiable security paid by the subdivider of his surety to the City Clerk and/or 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 the 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.

            Planned Unit Development Subdivision    A use or a combination of residential, commercial and industrial uses planned for a tract of land to be developed as 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 tow (2) or more principal buildings as governed by the Zoning Ordinance.  The requirements of this Ordinance 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, townsite or other tract of land or a re-platting of such including certifications, descriptions and approvals:

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

                B.    Final Plat:    The final and formal presentation by maps or drawings of an approved subdivision development, the original and one (1) copy of which is filed with the County Clerk and Recorder.

            Reserve Strip     A strip of land between a dedicated street or partial street and adjacent property, which is 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, which normally includes streets, sidewalks, and other public utilities of service areas.

            Sidewalk    That portion of the street right-of-way outside the street surface which is improved for pedestrian use.

            Standard Specifications    Shall be the specifications as may be specified in this Ordinance 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 other such terms.

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

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

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

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

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

                F.    Cul-de-sac:    A street connected to another street at one end only and provided with a turn-around space at its terminus.

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

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

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

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

                K.    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.

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

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

        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 Ordinance.  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 result of an act of dividing an original lot, tract or parcel of land into more than two (2) parts for the purpose of transfer of ownership or development; which shall also include the dedication of a public street and the addition to, or creation of, a cemetery.  However, this Ordinance shall not apply to any of the following:

                A.    An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth or building set-back 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;

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

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

                D.    Widening of existing streets to conform to the Comprehensive Plan;

                E.    The acquisition of street rights-of-way by a public agency in conformance with the comprehensive Plan; and

                F.    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 surveyor to do professional surveying.

            Townhouse    An estate consisting of (1) 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 any combination thereof; and (30 all interests must own land on which real property exists.

            Travel Trailer Park    Rental space for travel trailers on a limited basis, generally overnight by normally not longer than a week.  This may include motor homes and pickup campers.

            Utilities    Installation for conducting water, sewage, gas, electricity, television, storm water and similar facilities providing service to and used by the public.

            Variance    a modification of the strict terms of the relevant regulations where such modification will not be contrary tot he 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.

ARTICLE III

    SECTION I    SUBDIVISION APPROVAL REQUIRED

        Any person desiring to create a subdivision as herein defined shall submit all necessary applications to the Commission.  No final plat shall be filed with the County Recorder or improvements made on the property until the plat has been acted upon by the commission and approved by the Council.  No lots shall be sold until the plat has been recorded in the Office of the County Recorder.

    SECTION II    PRE-APPLICATION

        A.    Application:    Prior to the filing of an application for approval of the preliminary plat the subdivider shall submit eight (8) copies of a sketch plan to the Commission.  The sketch plan shall include the entire development scheme of the proposed subdivision, in schematic form and content as required by the Commission and shall include the following:

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

            2.    The existing conditions and characteristics of the land on or adjacent tot he proposed subdivision site; and

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

        B.    Fee:   None required.

        C.    Commission Action:  The Subdivider shall submit the pre-application to the members of the Planning and Zoning Commission the ten (10) days prior to the regular meeting.  A mailing list can be obtained from the City Clerk.  At the regular meeting the subdivider shall present his pre-application and intent tot he Commission for review and comment.  The Commission may, if it deems necessary, request review of the pre-application by other agencies.  The Commission will review the pre-application to determine its compliance with this ordinance as well as the following concerns:

            1.    The compliance of the proposed development with existing local or State policies, goals, and objectives or development plans.

            2.    Determination of additional special permits or ordinance conflicts such as rezoning, conditional use permit or variance that may be needed and the determination of the manner that such requirements can be combined into one permit;

            3.    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, flood plain, airport flight pattern and the like; and

            4.    Provide the subdivider with all necessary forms.

    SECTION III    PRELIMINARY PLAT

        A.    Application:    Upon completion of the pre-application procedures, the subdivider shall file with the Commission a completed subdivision application form and preliminary plat data as required in the Ordinance in such form and content as required by the Commission.

        B.    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 exists:

            1.    The proposed subdivision does not exceed ten (10) lots; or ten (10) living units if proposed as condominium or townhouse development.

            2.    No new street dedication or street widening are involved;

            3.    No major special development considerations are involved, such as development in a flood plain, hillside development or the like; and

            4.    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 Commission upon recommendation by the Technical Review Committee if they are called upon for guidance.

        C.    Content of Preliminary Plat:    The contents of the preliminary plat and related information shall be in such a form as stipulated by the commission; however, any additional maps or data deemed necessary by the Commission may also be required.  the subdivider shall submit to the Commission at least the following:

            1.    Eight (8) copies of the preliminary engineering plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated; each copy of the preliminary plat shall be on good quality paper, shall have dimensions of not less than eighteen by twenty-four inches (18" x 24"), shall be drawn to scale of not less than one (1) inch to one hundred (100) feet, shall show the drafting date, and shall indicate thereon, by arrow, the generally northerly direction.

            2.    Eight (8) sets of preliminary engineering plans including a master utility map for streets, water, sewer, sidewalks and other required public improvement maps; 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 Article V. Special Development Subdivisions, of this Ordinance.

            3.    A written application requesting approval of the Preliminary Plat on a form prescribed by the Commission; and

            4.    Appropriate information that sufficiently details the proposed development within any special development area, such as hillside, planned unit development, flood plain, cemetery, mobile home, large-scale development, hazardous and unique areas of development.

        D.    Requirement of Preliminary Plats:    The following shall be shown on the preliminary plat submitted or shall be submitted with the same:

            1.    The name of the proposed development.

            2.    The name, address and telephone number of the subdivider(s) and the engineer or surveyor who prepared the plat;

            3.    The name and address of all adjoining owners of property whether or not bisected by a public right-of-way as shown on record in the County Assessor's Office.

            4.    The legal description of the subdivision;

            5.    A statement of the intended use of the proposed subdivision, such as; residential single-family, two (2) 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;

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

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

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

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

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

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

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

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

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

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

            16.    Any additional required information for special developments as specified in Article V of this Ordinance; and

            17.    A statement as to whether or not a variance will be requested with respect to any provision of the Ordinance describing the particular provision, the variance requested, and the reasons therefore.

        E.    Fee:    At the time of submission of an application for a preliminary plat a nonrefundable fee of one hundred dollars ($100) plus ten dollars ($10) per lot or living unit shall be paid.  there shall be no additional fee for the combining of the preliminary plat and the final plats.

        F.    Submission Requirements:    The subdivider shall submit eight (8) copies of the preliminary plat and required supplemental material, along with the required fee to the commission at least ten (10) days prior to the Commission meeting.  The submission shall also be in such form as prescribed by the Commission.

        G.    Public Notification:

            1.    Notification to Property Owners:    The subdivider shall notify all adjoining property owners of the Commission's meeting by written notification and posting of the subject land under consideration. Such written notification and posting shall be mailed at least ten (10) days prior to the Commission meeting.  Posting shall also be done at least ten (10) days prior to the Commission meeting.

            2.    Failure to Notify:    The failure of the subdivider to comply with the notification provision shall invalidate the Commission's action.

        H.    Commission Action:

            1.    At the next regular Commission meeting from public notification 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.

            2.    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 tot he Council for their action.

        I.    Council Action:

            1.    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 by the Council.  The action, and the reasons for such action shall be stated in writing by the Council and forwarded to the applicant.

            2.    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 subdivision be considered as both a preliminary plat and final subdivision plat, 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.

        J.    Appeals:    Any person who appeals in person or writing before the Commission 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 twenty (20) working days from such Commission Action.

        K.    Approval Period:

            1.    Failure to file and obtain the certification of the acceptance of the final plat application by the developer within one (1) year after action by the Council, 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 Council prior to the expiration date.

            2.    In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially tot he approved preliminary plat, such segments, if submitted within successive intervals of one (1) year may be considered for final approval without resubmission for preliminary plat approval.

    SECTION IV     FINAL PLAT

        A.    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 tot he Commission the following:

            1.    Three (3) copies and the original of the final plat.

            2.    Three (3) copies and the original of the final engineering construction drawings for streets, water, sewer, sidewalks and other public improvements.

        B.    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 such a scale and contain lettering of such size as to enable the same to be place on one sheet of eighteen by twenty four inch (18" x 24") drawing paper, with no part of the drawing nearer to the edge than one (1) inch.  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 at least the following:

            1.    A written application for approval of such final plat as stipulated by the Commission;

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

            3.    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.

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

            5.    Conform to all requirements and provisions of this Ordinance; and

            6.    Acceptable engineering practices and local standards.

        C.    Fee:    None required.

        D.    Commission Review:

            1.    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 than 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/or Commission in the same manner as required in the preliminary plat process.

            2.    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.

        E.    Agency Review:    The Commission may transmit one (1) copy of the final plat, or other document submitted, for review and recommendation tot he same departments and agencies, or others as they may deem necessary to insure 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.

        F.    Council Action:    The Council at it's next meeting following receipt of the Commission's report shall consider the Commission's findings, 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 Ordinance 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 final plat is first considered by the Council.

        G.    Approval Period:    Final plat and covenants, if any, shall be filed with the County Recorder within one (1) year 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.

        H.    Method of Recording:    Upon approval of the final plat by the Council, the subdivider's prepayment of recording fees, and the inclusion of the following signatures on the final plat to the County Recorder for recording.

            1.    Certification and signature of the Council verifying that the subdivision has been approved.

            2.    Certification and signature of the City Engineer or Building Inspector verifying that the subdivision meets the City requirements and has been approved by the Council; and

            3.    Certification and signature of local and State health agency that all health requirements have been complied with.

ARTICLE IV     DESIGN STANDARDS

    SECTION I    MINIMUM DESIGN STANDARDS REQUIRED

        All plats submitted pursuant tot he provisions of this Ordinance, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall comply with the minimum design standards set forth hereinafter in the Article; provided, however, that any higher standards adopted by any Highway District, State Highway Department or Health Agency shall prevail over those set forth herein.

    SECTION II    DEDICATION

        Arterial and collector streets shall be dedicated tot he public in all cases; in general, all other streets shall also be dedicated to public use.

    SECTION III    LOCATION

        Street and road location shall conform to the following:

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

            B.    Minor Streets:  Shall be so arranged as to discourage their use by through traffic;

            C.    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.

            D.    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 of department having jurisdiction over such streets;

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

            F.    Alley:  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;

            G.    Frontage Roads:  Where a subdivision abuts or contains an arterial street, it shall be required that there be frontage roads approximately parallel to and 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;

            H.    Cul-de-sac:  Cul-de-sac streets shall not be more than five hundred (500) feet in length and shall terminate with an adequate turnaround having a minimum radius of fifty (50) feet for right-of-way.

            I.    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 Ordinance 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 within such tract; and

            J.    Private Streets:  Private streets and roads shall be prohibited.

    SECTION IV    SPECIFICATIONS

            A.    Streets Right-of-Way Widths:  Street and road right-of-way widths shall conform tot he adopted major street plan or comprehensive development plan and the rules of the State Department of Highways and the Highway District of Department having jurisdiction.  Minimum right-of-way standards are as follows with those marked with * may also include an additional ten (10) feet easement each side of roadway for snow removal.

HIGHWAY AND STREET TYPES WIDTHS
Minor Arterial 50 Feet *
Collector Street 50 Feet *
Minor Street 40 Feet *

            B.    Street Grades:  Street grades shall not exceed nine percent (9%) on either minor or collector streets, and five percent (5%) for arterial streets.  No street grade shall be less than three-tenths feet (3/10') per one hundred feet (100').

            C.    Street Alignment:  Shall be as follows:

                1.    Horizontal Alignment:  When street lines deflect from one another by more than ten (10) degrees in alignment, the centerlines shall be connected by a curve having a minimum radius of five hundred feet (500') for arterial streets, and one hundred thirty feet (130') for collector streets.  Between reverse curves on collector streets and arterial streets there shall be a minimum tangent distance of twenty feet (20').

    SECTION V.    STREET NAMES

        The naming of the streets shall conform to the following:

            A.    Street names shall not duplicate any existing street name except where a new street is a continuation of an existing street;  street names that may be spelled differently by sound the same as existing streets shall not be used; and

            B.    All new streets shall be named as follows:  Streets having predominantly north-south direction shall have phonetic names; streets having a predominately east-west direction shall have numeric names; meandering streets shall be named "Drive", "Lane", "Path", and cul-de-sacs shall be named "Circle" or "Court".

    SECTION VI    INTERSECTION

        Intersections shall conform to the following:

            A.    Angle of Intersection:  Streets shall intersect at ninety (90) degrees or as closely thereto as possible, in no case, shall streets intersect at less than eighty (80) degrees.

            B.    Sight Triangles:  Minimum clear sight distance at all minor street intersections shall permit vehicles to be visible to the driver of another vehicle when each is eighty feet (80') from the center of the intersection.

            C.    Number of Streets:  No more than two (2) streets shall cross at any one (1) intersection;

            D.    "T" Intersections:  "T" Intersections may be used whenever such design will not restrict the free movement of traffic.

            E.    Centerline Offsets:  Street centerlines shall be offset by a distance of at least one hundred twenty-five feet (125'); and

            F.    Vertical Alignment of Intersection:  A nearly flat grade with appropriate drainage slopes is desirable within intersections.  This flat section shall be extended a minimum , of 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.

    SECTION VII    PEDESTRIAN WALKWAYS

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

    SECTION VIII    EASEMENTS

        Unobstructed utility easements shall be provided along front lot lines, real lot lines, and/or side lot lines when deemed necessary;  total easement width shall not be less than twenty feet (20').  Unobstructed drainage way easements shall be provided as required by the Council.

    SECTION IX    LOTS

        Lots shall conform to the following:

            A.    Zoning:  The lot width, depth and total area shall not be less than the requirements of any applicable zoning ordinance.

            B.    Planned Unit Development:  In any planned unit development subdivision lots may vary in size, frontage and setbacks with the approval of the Planning and Zoning Commission so long as the intent of the lot requirements is not violated.

    SECTION X    IMPROVEMENT STANDARDS

            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-sections, 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 City Engineer or Building Inspector and other responsible public agencies.  All constructions plans shall be prepared in accordance with the public agencies' standards or specifications.

            C.    Required Public Improvement:  Every subdivider shall be required to install the following public and other improvements in accordance wit 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 as approved by the Council.  Vertical curbs and gutters shall be constructed on all collector and 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 approved by the Council.

                        An adequate storm drainage system may be required in all subdivisions.  The requirements for each particular subdivision shall be established by the Council and the appropriate construction shall follow the specifications and procedures established for such facility.

                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 City Council and/or Idaho Transportation Department.

                6.    Water Supply System:  When a proposed subdivision is to be serviced by a public water 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 the State Department of Environmental Services.

                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 Services and the City Council.

                        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 or that public or private sewer system cannot  be provided for the subdivision, then approved disposal system will only be authorized which shall comply with the appropriate health district requirements.

                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 center line 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.    Greenbelts:  Greenbelts or landscape screening may be required for the protection of residential properties from adjacent major arterial streets, waterways, or other features.  Subdivision plats shall show the location of any greenbelt areas.

                10.    Street Lighting:  Street lights shall 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 providing such lighting.

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

                12.    Private Improvements and Public Utilities:  It shall be the responsibility of the subdivider to arrange and provide from 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.    Construction of Public Works:  The scope of this Section is to define the respective area of responsibility of the subdivider and the City relative to the installation, construction, or other improvements of public works in route to and within the boundaries of the subdivision.

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

                        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.

                        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 stage development is called for in the approved development plan.

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

                15.    Evidence of Completion:  The subdivider shall notify the City in writing when the public works for which he is responsible have been completed.

                        The City Council 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 build, construction plans shall be submitted tot he City on completion, if required.

                        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.

                16.    Streets:  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:

                        a.    Route for boundary surveys of the dedicated rights-of-way;

                        b.    Construction surveyors of line and grade;

                        c.    Installation of sidewalks, if applicable.

                        d.    Installation of curbs and gutters, if applicable.

                        e.    Preparation of the sub grade;

                        f.    Inspection of the roadway base course;

                        g.    Inspection of all phases of construction to assure compliance with applicable standards and specifications.

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

                        i.    Asphalt pavement is to be installed following the installation of curbs and gutters.

                        The subdivider shall perform, install, construct or otherwise complete at his sole expense installation of traffic control signs and signals and street name signs relative to street improvements within the boundaries of the subdivision, subject to the approval by the City Council.

                17.    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 and the City Council.

                        b.    Construction of 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.    If sewer mains are located in a dedicated street or alley, installation of a sewer service line to the property line of each lot.

                        e.    Inspection of construction to assure compliance with the plans, specifications, and applicable standards.

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

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

                18.     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, including any required extensions from the existing system, and the approval of said plans and specifications by the Idaho Department of Health and Welfare and the City Council.

                        b.    Construction surveys of line and grade with the subdivision.

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

                        d.    If water mains are located in a dedicated street or alley, installation of a water service line to the property lines of each lot.

                        e.    Inspection of construction to assure compliance with the plans, specifications, and applicable standards.

                        f.    Installation of a water line extension or extensions as indicated in 17 f. above.

                              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.

                19.    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 as an average of the existing structures.

                 20.    Side and Rear Lot Line Clearance:  In all new subdivisions no building of any nature shall be placed or constructed neared than ten feet (10') from the side or rear property line.  Where utility rights-of-way or other 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.

    SECTION XI    SPECIAL DEVELOPMENT SUBDIVISIONS

        The purpose of this section is to identify various types of developments that normally pose special concerns to the Commission and elected officials when reviewing and acting upon subdivision requests.  The section outlines the plan submittal requirements and design standards that shall be taken into consideration when acting on special developments.  The provisions of the section are in addition to the plan requirements, design standards, and improvement standards that are required by previous sections of this ordinance.

            A.    Appearance and Preservation:  In order to preserve, retain, enhance and promote the exiting and future appearance, natural topographic features, qualities and resources of hillsides, special consideration shall be given to the following:

                1.    Skyline and ridge tops.

                2.    Rolling grassy land forms, including knolls, ridges, and meadows.

                3.    Tree and shrub masses, grass, wildflowers and topsoil.

                4.    Rock outcroppings.   

                5.    Stream beds, draws and drainage swales, especially where tree and plant formations exist.

                6.    Characteristic vistas and scenic panoramas.

            B.    Hillside Development Evaluation:

                1.    All development proposals shall take into account and shall be judged by the way in which land use planning, soil mechanics, engineering geology, hydrology, civil engineering, environmental and civic design, architectural and landscape design are applied in hillside areas, including but not limited to the following:

                    a.    Planning of development to fit the topography, soil, geology, hydrology, and other conditions existing on the proposed site.

                    b.    Orientation of development on the site so that grading and other site preparation is kept to an absolute minimum.

                    c.    Shaping of essential grading to blend with natural land forms and to minimize the necessity of padding and/or terracing building sites.

                    d.    Division of large tracts into smaller workable units on which construction can be completed within one construction season so that large areas are not left bare and exposed during winter and spring runoff periods.

                    e.    Completion of paving as rapidly as possible after grading.

                    f.    Allocation of areas not well suited for development because of soil, geology or hydrology limitation for open space and recreation use.

                    g.    Minimizing disruption of exiting plant and animal life.

                    h.    Consideration of the view from and of the hillside.  Areas having soil, geology or hydrology hazards shall not be developed unless it is shown that their limitations can be overcome; that hazard to life or property will not exist; that the safety, use or stability of a public way or drainage channel is not jeopardized; and that the natural environment is not subjected to undue impact.

            C.    Engineering Plans:  The developer shall retain a professional engineer to obtain the following information:

                1.    Soils Report:  for any proposed hillside development a soils engineering report shall be submitted with the preliminary plat.  this report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures and opinions and recommendations covering the adequacy of site to be developed.

                2.    Geology Report:

                    a.    For any proposed hillside development a geology report shall be submitted with the preliminary plat.  This report shall include an adequate description of site geology and an evaluation of the relationship between the proposed development and the underlying geology and recommendations for remedial actions.

                    b.    The investigation and subsequent report shall be completed by a professional geologist registered in the State of Idaho.

                3.    Hydrology Report:

                    a.    For any proposed hillside development a hydrology report shall be submitted with the preliminary plat. This report shall include an adequate description of the hydrology, conclusions and recommendations regarding the effect of hydrologic conditions on the proposed development site and opinions and recommendations covering the adequacy of sites to be developed.

                    b.    Flood frequency curves shall be provided for the area of proposed development.

            D.    Grading Plan:

                1.    A preliminary grading plan shall be submitted with each hillside preliminary plat proposal and shall include the following information:

                    a.    Approximate limiting dimensions, elevations or finish contours to be achieved by grading, including all cut and fill slopes, proposed drainage channels and related construction.

                    b.    Preliminary plans and approximate locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs and other protective devices to be constructed.

                    c.    A description of methods to be employed in disposing of soil and other material that is removed from the grading site, including the location of the disposal site.

                2.    A final grading plan shall be submitted with each final plat and shall include the following information:

                    a.    Limiting dimensions, elevations or finish contours to be achieved by grading, including all proposed cut and fill slopes, proposed drainage channels and related construction.

                    b.    Detailed plans and locations of all surface and subsurface drainage device, walls, dams, sediment basins, storage, reservoirs and other protective devices to be constructed.

                    c.    A schedule showing when each stage of the project will be completed including the total area of soil surface which is to be disturbed during each stage together with each estimated starting and completion dates.  In no event shall the existing ("natural") vegetation ground cover be destroyed, removed or disturbed more than fifteen (15) days prior to grading.

            E.    Development Standards:

                1.    Soils

                    a.    Fill areas shall be prepared by removing organic material, such as vegetation and rubbish and any other material which is determined by the soils engineer to be detrimental to proper compaction or otherwise not conductive to stability; no rock or similar irreducible material with a maximum dimension greater than eight inches (8") shall be used as fill material in fills that are intended to provide structural strength.

                    b.    Fills shall be compacted to at least ninety five percent (95%) of maximum density, as determined by AASHTO T99 and ASTM D698.

                    c.    Cut slopes shall be no steeper than two (2) horizontal to one vertical: subsurface drainage shall be provided as necessary for stability.

                    d.    Fill slopes shall be no steeper than two (2) horizontal to one vertical: fill slopes shall not be located on natural slopes two to one (2:1) or steeper, or where fill slope toes out within twelve feet (12') horizontally of an existing or planned cut slope.

                    e.    Tops and toes of cut and fill slopes shall be set back from property lines a distance of three feet (3') plus one-fifth (1/5) the height of the cut or fill, but need not exceed a horizontal distance of ten feet (10'); tops and toes of cut and fill slopes shall be set from structures a distance of six feet (6') plus one-fifth (1/5) the height of the cut or fill, but need not exceed ten feet (10').

                    f.    The maximum horizontal distance of disturbed soil surface shall not exceed seventy five percent (75%).

                2.    Roadways:

                    a.    Road alignments should follow natural terrain and no unnecessary cuts or fills shall be allowed in order to create additional lots or building sites.

                    b.    One-way streets shall be permitted and encouraged where appropriate for the terrain and where public safety would not be jeopardized.  Maximum width shall be seventeen feet (17') between the backs of curbs.

                    c.    The width of the graded section shall extend three feet(3') beyond the curb or back edge of pavement on both the cut and fill sides of the roadway.  If the sidewalk is to be installed parallel to the roadway, the graded section shall be increased by the width of the sidewalk plus one foot (1') beyond the curb back.

                    d.    Standard vertical curb (6 inches) and gutter shall be installed along both sides of all paved roadways.

                    e.    A pedestrian walkway plan shall be required.

                3.    Driveways and Parking:  Combination of collective parking driveways, cluster parking areas and on-street parallel parking bays shall be used to attempt to optimize the objectives of minimum soil disturbance, minimum impervious cover, excellence of design and aesthetic sensitivity.

            F.    Vegetation and Re-vegetation:

                1.    The developer shall submit a slope stabilization and re-vegetation plan which shall include a complete description of the existing vegetation, the vegetation to be removed and the method of disposal, the vegetation to be planted, and slope stabilization measures to be installed.  The plan shall include analysis of the environmental effects of such operations, including the effects on slope stability, soil erosion, water quality and fish and wildlife.

                2.    Vegetation sufficient to stabilize the soil shall be established on all disturbed areas as such stage of grading is completed.  Areas not contained within lot boundaries shall be protected with perennial vegetative cover after all construction is completed.  Efforts shall be made to plant those species that tend to recover from fire damage and do not tend to contribute to rapid spread of fire.

                3.    The developer shall be fully responsible for any destruction of native vegetation proposed for retention. He shall carry the responsibility both for his own employees and for all subcontractors from the first day of construction until the notice of completion is filed. The developer shall be responsible for replacing such destroyed vegetation with like species of mature size is such size is practical.

            G.    Maintenance: The owner of any private property on which grading or other work has been performed pursuant to a grading plan approved, or a building permit granted under the provisions of this ordinance shall continuously maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures or means and other protective devices, plantings and ground cover installed or completed.

        2.    Planned Unit and Condominium Subdivisions:

            A.    Intent:  To permit greater flexibility in the use and design of structures and land in situations where modifications of specific provisions of this Title or the City zoning ordinance will not be contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood in which they occur.

            B.    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:

                1.    Architectural style and building design.

                2.    Building material and colors.

                3.    Landscaping.

                4.    Screening.

                5.    Garbage areas.

                6.    Parking

                7.    Open space.

            C.    Private Streets:  Private street construction standards shall be based upon recommendations from the City Engineer or Superintendent of Public Works.  Adequate construction standards may vary depending on the size of the development and the demands placed upon such improvements.

            D.    Homeowner's Association:  The home owner's association bylaws and other similar deed restrictions, which for the control and maintenance of all common areas, recreation facilities or open spaces shall meet with the approval of the City Council.  Any and all powers as specified in such agreements may also be assigned to the City Council for the purpose of assessing property for delinquencies and enforcement of motor vehicle speed to protect the best interests of the owners involved and of the general public.

            E.    Storage Areas:  Storage areas shall be provided for the anticipated needs of boats, recreation vehicles and trailers.  For typical residential development, one adequate space shall be provided every two (2) living units.  This may be reduced by the City Council if there is a showing that the needs of a particular development are less.

            F.    Parking Space:  There shall be a minimum of two (2) off street parking spaces per dwelling unit.  An additional off street parking space for every three (3) units may be required by the Council to accommodate visitor parking.

            G.    Maintenance Building:  A maintenance building shall be provided, size and location to be suitable for the service needs that are necessary for the repair and maintenance of all common areas.

            H.    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 tot he residents of the development.

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

        3.    Large Scale Development Subdivisions:  Due to the impact of a large scale development, on public facilities and services the developer shall submit the following information with the preliminary plat:

            A.    Identification of all public services that must be provided to the developer (i.e. fire protection, police protection, central water and sewer, road construction, parks and open spaces, recreation, maintenance, schools, solid waste disposal, etc.).

            B.    Estimate of public service costs to provide adequate service to the development.

            C.    Estimate of tax revenue that will be generated by the development.

            D.    Suggestions for public means of financing the services if the cost of public service would not be offset by tax revenues generated by the development.

        4.    Cemetery Subdivisions:

            A.    Function:  The developer shall provide the Commission with written documentation that will sufficiently explain the functions of the proposed cemetery for either animal or human remains.

            B.    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 management requirements that are outlined in Idaho Code, title 27.

        5.    Subdivisions within Floodplain:

            A.    Flood Areas:  For any proposed subdivision that is located within or partially within a floodplain, the developer shall provide the Commission with a development plan of adequate scale and supporting documentation that will show and explain at least the following:

                1.    All planned developments

                2.    The location of the floodway and floodway fringe per engineering practices as specified by the Army Corps of Engineers.

                3.    The location of the present water channel.

                4.    Any planned rerouting of waterways.

                5.    All major drainage ways.

                6.    Areas of frequent flooding.

                7.    Means of flood proofing buildings.

                8.    Means of insuring loans for improvements within the floodplain.

            B.    Justification for Development:  Upon the determination the buildings are planned within a floodplain or that alterations of any kind are anticipated within the floodplain area that will alter the flow of water, the developer shall demonstrate conclusively to the commission that such development will not present a hazard to life, limb or property; will not have adverse effects on the safety, use or stability of public way or drainage channel or the natural environment.

                    No subdivision or part thereof shall be approved if levees, fills, structures or other features within the proposed subdivision will individually or collectively significantly increase flood flows, heights or damages.  If only part of a subdivision can be safely developed, the City Council shall limit development to that part and shall require that development proceed consistent with that determination.

        6.    Subdivisions Within Areas of Critical Concern:

            A.    General:  Hazardous or unique areas may be designated as areas of critical concern by the council, by an appointed Natural Resource commission oft he City or by the State.  Special consideration shall be given to any proposed development within an area of critical concern to assure that the development is necessary and desirable and in the public interest in view of the existing unique conditions.  Hazardous or unique areas that may be designated as areas of critical concern include, but are not limited to the following:

                1.    Avalanche paths

                2.    Earthquake locations.

                3.    Fault Zones

                4.    Unstable soils.

                5.    Unique animal life.

                6.    Unique plant life.

                7.    Scenic areas.

                8.    Historical designation.

                9.    Floodplain  

                10.    Other areas of critical concern.

            B.    Plan Submission:  The developer shall prepare and submit (or have prepared) an environmental impact statement along with the preliminary plat application for any development that is proposed within an area of critical concern.

            C.    Content of Environmental Impact Statement:  The content of the environmental impact statement shall be prepared by an interdisciplinary team of professionals that shall provide answers to the following questions:

                1.    What changes will occur to the area of concern as a result of the proposed development?

                2.    What corrective action or alternative development plans could occur so as not to significantly change the area of concern?

                3.    What changes in the area of concern are unavoidable?

                4.    What beneficial or detrimental effects would the development have on the environment (i.e. animal life, plant life, social concerns, economic concerns, noise, visual pollution, and other)?

    SECTION XII    ADMINISTRATION AND ENFORCEMENT

        1.    Administration:  The City Council shall act as, or appoint, an administrator to carry out the provisions as herein specified and to serve at the pleasure of the Commission.  The administrator shall receive and process all subdivision applications.

        2.    Variances:

            A.    Purpose:  The Commission may recommend to the City Council, as a result of unique circumstances such as topographic-physical limitations or a planned unit development, as variance from the provisions of the Title on a finding that undue hardship would result form the strict compliance with specific provisions or requirements of this Title or that application of such provision or requirement is unpractical.

            B.    Findings:  No variance shall be favorable acted upon by the City Council unless there is a finding upon recommendation by the Commission, as a result of a public hearing that all of the following exist:

                1.    That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as tot he specific provision or requirements involved.

                2.    That strict compliance with the provisions of this Title would result in extraordinary hardship to the subdivider because unusual topographic, other physical conditions or other such conditions which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Title.

                3.    That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated.

                4.    That such variance will not violate the provisions of the Idaho Code.

                5.    That such variance will not have the effect of nullifying the interest and purpose of this ordinance and the Comprehensive Plan.

        3.    Amendment Procedures:  The City Council may, from time to time, amend, supplement, or repeal the regulations and provisions of this ordinance in the manner prescribed by Idaho Code.  A proposed amendment, supplement or repeal may be originated by the City Council, Commission or by petition.  All proposals not originating with the Commission shall be referred to it for a report thereon before any action is taken on the proposal by the City Council.

        4.    Detection of Violations:  The administrator may periodically research the County Assessor's records and perform the necessary investigation to detect any violation of this Title.

        5.    Enforcement:  No subdivider shall offer to the County Recorder, for recording a plat which does not conform in all respects to this Title which has not been given final plat approval by the City Council. If any such plat is prematurely recorded it shall constitute a misdemeanor and shall be punishable as provided for in Section 6 of this chapter.

            A.    No public board, agency, commission, official or other authority shall proceed with the constriction of or authorize the construction of any of the public improvements required by this Title until the final plat has received the approval of the City Council. The City Attorney shall have the authority in addition to taking whatever criminal action is deemed necessary to take steps to civilly enjoin any of this Title.

            B.    No permit shall be issued for the erection of any building on any lot in a subdivision unless such lot is shown on a plat approved by the Planning and Zoning Commission and that any condition limiting the right to erect or maintain buildings on such lot have been satisfied to waived by the Planning and Zoning Commission.

        6.    Penalties:  Penalties for failure to comply with the provisions of this Title shall be as follows:  violations of any of the provisions of this Title or failure to comply with any of its requirements shall constitute a misdemeanor.  Each day of such violation shall constitute a separate offense.  The land owner, 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.  Nothing herein contained shall prevent the City Council or any other public official or private citizen from taking lawful action as is necessary to restrain or prevent any violation of this ordinance or of the Idaho Code.