CITY OF DIETRICH
SUBDIVISION ORDINANCE NO. 2006-01
AN ORDINANCE OF THE CITY OF DIETRICH, LINCOLN COUNTY, IDAHO PROVIDING FOR REGULATIONS OF SUBDIVISIONS; PROVIDING STATEMENTS AND RULES FOR PURPOSES, JURISDICTION, INTERPRETATION, ADMINISTRATION, COMBINING OF PERMITS, SEVERABILITY, DEFINITIONS; PROCEDURE FOR SUBDIVISION APPROVAL, PREAPPLICATION, PLATS, DESIGN STANDARDS, SPECIAL DEVELOPMENT STANDARDS, CONDOMINIUMS, FLOOD PLAIN, VACATION AND DEDICATION, VARIANCES, DETECTION OF VIOLATIONS, ENFORCEMENT AND PENALTIES, AMENDMENT PROCEDURES, AND FOR EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DIETRICH, LINCOLN COUNTY, IDAHO.
SUBDIVISION ORDINANCE
ARTICLE I
GENERAL PROVISION
SECTION
I. TITLE
This Ordinance shall be known as the "Subdivision Ordinance" of Dietrich, Idaho.
SECTION
II. AUTHORITY
These regulations are authorized by Title 50,
Chapter 13 of the Idaho Code; Title 67, Chapter 65 of the Idaho Code; and
Article 12, Section 2 of the Idaho Constitution, as amended of subsequently codified.
SECTION
III. PURPOSE
The purposes 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
and sanitary facilities;
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 expenditure of public funds for the
supply of such services;
F. The requirements as to the extent and the
manner in which:
1. Roads shall be created and improved; and
2. Water, sewer
and other utility mains, piping connections or other facilities
shall be
installed as condition precedent to the 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 regulations.
SECTION
IV. JURISDICTION
This ordinance shall apply to the subdividing and
developing of all land within the incorporated territory of the City of
Dietrich. This ordinance also applies
to property within the areas of impact, as negotiated with Lincoln County.
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. 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 ordinance shall not apply to any subdivision or any lot or lots
forming a part of any subdivision created and recorded prior to the effective
date hereof, except for the further dividing of lots.
SECTION
VI. ADMINISTRATION
The City 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 or other issues related to City planning and zoning.
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 or issue concerned.
SECTION
VII SEVERABILITY
Where any work, phrase, clause, sentence, paragraph,
section or other part of these regulations are held invalid by a court of
competent jurisdiction, such judgment shall affect only that part so held
invalid.
ARTICLE II DEFINITION
SECTION
I. 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
II. MEANING OF TERMS OR WORDS
Block - A group of lots, tracts or parcels within well defined
boundaries, usually streets.
Building Any structure used or intended for supporting or
sheltering any use or occupancy.
Building
Setback Line - An imaginary line established
by subdivision regulations and zoning ordinances requiring all buildings to be
set back a certain distance from lot line
Building
Site - An area proposed or provided and
improved by grading, filling, excavation or other means for erecting foundations
or pads for buildings.
City - The City of Dietrich, Idaho, as specified by City
Ordinance.
Cemetery - A lot that has been platted for the selling of sites for
the burial of animal or human remains.
Commission Duly authorized Dietrich City Planning and Zoning
Commission, or in the absence of such, the Dietrich City Council.
Comprehensive
Plan - An adopted document that herein may
be referred to as a Comprehensive 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 A multi-family dwelling containing two (2) or more
dwelling units in which each unit is under single ownership, excluding the
ground beneath the unit.
Council - The City Council of the City of Dietrich, Idaho.
County Recorder - The Office of the Lincoln
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 interest 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 - The owner or his legally authorized agent of lands that are being platted or mapped, or authorized agent(s) of a sub divider or the sub divider himself.
Dwelling Unit A building or separate portion thereof having a single
kitchen, and at least one (1) bathroom, to be occupied exclusively as a
residence.
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 General and temporary condition of partial or complete
inundation of normally dry lands from 1) the overflow of inland waters and/or
2) the unusual and rapid accumulation of runoff or surface waters from any
source.
One
Hundred (100) Year Flood Flood having an
indicated average frequency of occurrence once in one hundred (100) years,
although the flood may occur in any year.
One
Hundred (100) Year Flood Elevation The
maximum high water elevation of the one hundred (100) year flood at any given
point on the floodplain.
Floodplain A relatively flat area or low land adjoining a body of
water, which has or may be inundated by water from the one hundred (100) year
flood.
Floodway That portion of the flood hazard area that includes the
channel and the portion of the adjacent area that conveys the major portion of
the flow for the one hundred (100) year flood.
Governing Body - The Mayor and City Council of the City of Dietrich,
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 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 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.
A Corner Lot is a lot located
at the intersection of two (2) or more streets;
B.
An Interior Lot is a lot
other than a Corner Lot with frontage on only one (1) street;
C.
A 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.
A Reversed Lot is a lot with
frontage on a side street or other right-of-way other than Interior or Corner
Lot.
Manufactured
Home As defined in Idaho code.
Mobile
Home Park - A park designed and intended
for purposes of rental spaces where residence is in manufactured homes
exclusively.
Mobile
home As defined in Idaho code. No mobile home may be placed on a
single-family lot or mobile home park within the City after the effective date
of this ordinance unless it meets the rehabilitation standard as specified in
Title 44 of the Idaho Code and also meets the siting standards of a
manufactured home as stated above. Mobile homes do not include recreational
vehicles.
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, or
any unplatted 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.
Performance Bond - An
amount of money or other negotiable security paid by the sub divider or his
surety to the City Clerk and/or Recorder which guaranteed that the sub divider
will perform all actions required by an approved plat, and provides that if the
sub divider defaults and fails to comply with the provisions of an approved
plat, the sub divider 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 project controlled by one (1) owner, partnership, or
corporation and characterized by a unified site design, involving varying the
normal zoning requirements and restrictions so that the maximum long range
benefit can be gained and the unique features of the site preserved and
enhanced.
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.
Post - The act of placing posters on or near the
property under construction to be subdivided in a visible location near the
closest public roads.
Recreational Vehicle Park - Rental space for recreational vehicles on a limited basis, generally
overnight but normally not longer than a week. This may include motor homes and
pickup campers.
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
heavier traffic movements.
E.
Cul-de-sac - A street connected to another street at one end only and
provided with a turn- around space at
its terminus.
F. Dead-End - A
street connecting to another street at one end only and not having provision for vehicular turn-around at its
terminus.
G. Frontage - A minor street, parallel to and adjacent to an
arterial street, which
has the
primary purpose of providing access to abutting properties.
H. 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.
I. Private - A
street which provides vehicular and pedestrian access to one or
more
properties, however, not accepted for public dedication or maintenance.
J. Side Street - A secondary street that
provides access to a corner lot of which
the principle building is not oriented toward.
Sub
divider - A sub divider 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 sub divider 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
Subdivision means the division of a previously un-platted tract of land,
which may or may not include streets, highways, alleys, or other land intended
to be dedicated to the public use.
Surveyor -
Any person who is licensed in the State as a Public Land Surveyor to do
professional surveying.
Tract A defined area
of land.
Utilities -
Installations for conducting water, sewage, gas, electricity, television, storm
water and similar facilities providing service to and used by the public.
Variance to Subdivision Ordinance - 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.
ARTICLE III
PROCEDURE FOR SUBDIVISION APPROVAL
SECTION
I. SUBDIVISION APPROVAL REQUIRED
Any person desiring to create a subdivision as herein defined shall submit all necessary applications to the City. 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 Lincoln County Recorder. For subdivisions less than 5 units the Planning and Zoning Commission may be petitioned to simplify this process.
SECTION
II PRE-APPLICATION
A.
Application: Prior to the filing of an application for approval of the
preliminary plat the sub divider shall submit eight (8) copies of a sketch plan
to the Commission. The sketch plan
shall include the entire developmental scheme of the proposed subdivision, in
schematic form and include the area proposed for immediate development in such
a form and content as required by the Commission and shall include the
following:
1.
The general layout of
streets, including proposed street names, blocks, and lots, all in sketch form.
2.
The existing conditions and
characteristics of the land on or adjacent to the proposed subdivision site;
and
3.
Areas set aside for schools,
parks, and other public facilities;
4.
Preliminary plan for
providing and funding all necessary utilities including, but not limited to
electricity, phone, potable water, sanitary sewer waste disposal, and
irrigation water.
B.
Fee: The fees shall be
set by resolution of the City Council
C.
Commission Action: The sub divider
shall submit the pre-application to the members of the Planning and Zoning
Commission ten (10) days prior to the regular meeting. A mailing list can be obtained from the City
Clerk. At the regular meeting the sub
divider shall present his pre-application and intent to the Commission for
review and comment. The Commission may,
if it deems necessary, request a 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 re-zoning, 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
known 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 live, flood plain, airport flight pattern and the like; and
4.
Provide the sub divider 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
this 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;
2. No new street dedication or street widening is 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 the preliminary plat 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.
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 sub divider 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.
2.
Eight (8) sets of preliminary engineering plans including a master
utility map for streets, water, sewers, 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 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, including any known or potential
conflict with any and all applicable ordinances.
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
subdivision;
2.
The name, address, and
telephone number of the sub divider(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 Assessors 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.
Also, requested zoning changes shall be outlined;
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 mile 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. A site report as required by the South-Central Health
District if wells or septic tanks are proposed;
12. Any proposed or existing utilities, including, but not
limited to; irrigation laterals, ditches, drainages, bridges, culverts, water
mains, fire hydrants, electric power lines, television cable lines, and their
respective profiles or indicated alternative methods;
13. A copy of any proposed or existing restrictive covenants
and/or deed restrictions, or if none, a state that none are proposed.
14. Any dedications to the public and/or easements together
with a statement of location, dimensions, and purpose of such.
15. Any additional required information for special
developments as specified in Article V of this Ordinance;
16. A statement as to whether or not a variance will be
requested with respect to any provision of this Ordinance describing the
particular provision, the variance requested, and the reasons therefore; and
17. At the Commissions or Councils request the sub divider
shall show contours at five (5) foot intervals where land slope is greater than
ten percent (10%) and at two (2) foot intervals where land slope is greater
than ten percent (10%) or less, with an established bench mark, including
location and elevation.
E. Fee: At the time of submission of
an application for a preliminary plat a nonrefundable fee as set by resolution
of the City Council. There shall be no additional fee for the combining of the
preliminary and final plats
F. Submission
Requirements: The sub divider 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 regular Commission meeting. The submission
shall also be in such form as prescribed by the Commission.
G. Public Notification:
1. Notification
to Property Owners: The sub divider shall notify all adjoining
property owners of the Council's
meeting by written notification and posting of the subject land under
consideration. Such written notification and posting shall be mailed at least
fifteen (15) days prior to the Commission meeting.
2. Failure to Notify: The failure of
the sub divider to comply with the notification
provision
shall invalidate the Commissions action.
H. Commission
Action:
1.
At the next regular
Commission meeting subsequent to public notification, the sub divider shall
present the preliminary plat for action.
The Commission may recommend that the preliminary plat be approved,
conditionally approved, disapproved, or tabled
for additional information. Such
action will 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 to the Council for their action.
I. Council Action:
1.
At the next regular Council
meeting subsequent to the Commissions recommendation to the council, the sub
divider 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 when the preliminary plat was submitted
to the Council.
2.
Action on Combined
Preliminary and Final Plat: If the
Commissions conclusion is favorable to the sub dividers request and the
recommendation from the Commission is that the submission be considered as both
a preliminary plat and a final plat, then the 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, disapproved, to
tabled for additional information.
J. Appeals: Any
person who appeals in person or writing before the Council may appeal in
writing the decision of the Commission relative to any action taken by the
Council. Such appeal must be submitted to the Council within ten (10) 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 to the approved
preliminary plat, such segments, if submitted within successive intervals of
one (1) year or less may be considered for final approval without resubmission
for preliminary plat approval, providing each contiguous segment qualifies as a
subdivision as specified herein.
SECTION IV. FINAL PLAT
A. Application: After the approval or
conditional approval of the preliminary plat, the sub divider may cause the
subdivision, or any part thereof, to be surveyed and a final plat prepared in
accordance with the approved preliminary plat. The sub divider shall submit to
the 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, sidewalk, 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 placed on one sheet of
eighteen by twenty-four inch (18"x24") 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.
Conformance with all
requirements and provisions of this Ordinance, and acceptable engineering
practices and local standards.
C. Fee: As determined by resolution of the City
Council.
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 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 for 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 to the 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 its next meeting following receipt
of the Commission's report shall consider 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 Council.
H. Method of Recording: Upon approval of the final plat by
the council, the sub dividers prepayment of recording fees, and the inclusion
of the following signatures on the final plat, the final plat shall be
submitted to the Lincoln County Recorder for recording:
1.
Certification and signature of
the Council verifying that the subdivision has been approved; and
2.
Certification and signature
of an Engineer or Building Inspector verifying that the subdivision meets the
city requirements and has been approved by the Council and the Planning and
Zoning Commission; and
3.
Certification and signature
of local or State health agency that all health requirements have been complied
with.
ARTICLE IV
DESIGN STANDARDS
All plats submitted pursuant to the 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 this 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 to the
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 or plan or comprehensive development plan has been adopted, subdivision
streets shall conform to such plans.
B. Minor Streets: 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 the new subdivision shall be such that said streets
extend to the boundary line of the tract to make provisions for 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
commission or department having jurisdiction over such streets.
E. Relation to Topography: Streets shall be so 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
dwellings 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. Cul-de-sac Streets: 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 sixty (60) feet for right-of-way;
H. 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 is to be subdivided borders
on an existing half or partial street, the other part of the street shall be
dedicated within such tract;
I.
Private Streets: Private streets
and roads shall be prohibited.
SECTION IV. SPECIFICATIONS
A. 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.
HIGHWAY
AND STREET TYPES & WIDTHS
Minor
Arterial: Eighty
(80) feet
Collector
Street: Sixty
(60) feet
Minor
Street: Fifty
(50) 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 of a
foot (3/10) per one hundred feet (100).
C. Street
Alignment: Shall be as follows:
1. Horizontal Alignment: When street lines
deflect from each other by more than ten degrees (10°) in alignment, the
centerlines shall be connected by a curve having a minimum radius of five
hundred feet (500) for arterial streets, three hundred feet (300) for
collector streets and one hundred fifty feet (150) for minor streets. Between reverse curves on minor streets
there shall be a minimum tangent distance of one hundred feet (100) and two
hundred feet (200) on collector and arterial streets respectively; and
2. Vertical
Alignment: Minimum sight distances shall be two hundred feet (200) for
minor streets and three hundred feet (300) for collector and arterial streets.
SECTION
V. STREET NAMES
The naming of 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 but 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 predominantly east-west direction shall have numerical names;
meandering streets shall be named Drive, Lane, Path, and cul-de-sacs
shall be named Circle, Court, and Place.
SECTION
VI. INTERSECTIONS
Intersections
shall conform to the following:
A. Angle of Intersection: Streets shall intersect at ninety (90)
degrees or as closely thereto as possible, and 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 (80) feet 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 wherever 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 (125) feet;
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 (100) feet 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
VIII. EASEMENTS
Unobstructed
utility easements shall be provided along front lot lines, rear lot lines and/or
side lot lines when deemed necessary; total easement width shall not be less
than twelve feet (12'). Unobstructed drainage way easements shall be provided
as required by the Commission.
SECTION
VIIIa. 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 wide and extend entirely through the block.
SECTION
IX. BLOCKS
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 300 feet long in all
cases, nor exceed 600 feet in length.
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.
SECTION
X. LOTS
Lots
shall conform to the following:
A. Lot Sizes: No subdivision plat in the area included in
any Zoning District shall be hereafter be approved by the City unless all lots
shown meet the area requirements specified for that district in the Zoning
Ordinance.
B. Lot Lines: Side lot lines shall be essentially at right
angles to straight streets and shall conform to the radius of curved streets.
C. Width Related to Length: Narrow, deep lots shall be avoided.
D. Corner Lots: Corner lots shall have sufficient extra
width to permit appropriate building setback from both streets or orientation
to both streets.
E. 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, green belts, or other open space.
F. Back-up Lots: Lots shall not back into such features as
highways, arterial streets, shopping centers, or industrial properties, except
where there is a minor access street provided.
If a minor access street is not provided, such lots shall back into a
landscaped easement along the rear at least twenty (20) feet wide in addition
to the utility easement. This
restricted access will minimize noise and protect the quality of outdoor living
areas.
G. Lot Frontage: All rectangular lots shall have at least
seventy five (75) feet of frontage upon a publicly dedicated street, or fifty
(50) feet if frontage is on the radial portion of a cul-de-sac. Variances may be permitted for an Approved
Planned Unit Development.
H. 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 subdividing 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.
SECTION
XI. PLANTING STRIPS AND RESERVE STRIPS
Planting strips and reserve strips shall conform to the
following:
A. 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 20
feet wide, and shall not be a part of the normal roadway right-of-way or
utility easement; and
B. Reserve
Strips:
1.
Reserve Strips: Private - Privately held reserve strips controlling
access to streets shall be prohibited.
2. 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.
SECTION
XII. PUBLIC SITES AND OPEN SPACES
Public sites and open spaces shall conform to
the following:
A. Public Uses: Where a proposed park,
playground, school or other public use shown on the Comprehensive 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
B. Natural Features: Existing natural
features which add value to residential development and enhance the
attractiveness of the community (such as trees, watercourse, historic spots,
and similar irreplaceable assets) shall be preserved, insofar as possible, in
the design of the subdivision.
SECTION
XIII. LARGE SCALE DEVELOPMENTS
Large
scale development shall be governed by the following provisions:
A. Modification: This Ordinance may be
modified in accordance with the variance provisions of this Ordinance in the
case of a subdivision large enough to constitute a complete community or neighborhood. It must be consistent with
the Dietrich Comprehensive Plan which provides and dedicates adequate public
open space and improvements for circulation, recreation-, education, light, air
and service needs of the tract when fully developed and populated; and
B. Neighborhood
Characteristics: A community or neighborhood under this provision shall be
consistent with the Comprehensive Plan, bounded by major streets or natural
physical barriers, and may contain public areas of sufficient size for school,
playgrounds, parks and other public facilities to serve its population.
SECTION
XIV 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 sub divider as conditions for final plat approval and also
to outline the procedures and responsibilities of the sub divider 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 sub divider 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 construction plans shall be prepared in
accordance with the public agencies' standards or specification.
C. Required
Public Improvements: Every sub divider 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
Street and Alleys: All streets and alleys shall be constructed in accordance
with the standards and specifications adopted by the Council. Vertical curbs and gutters may be required
on all collector and arterial streets;
3
Curbs, Gutters, and
Drainage:
Curbs and gutters may be required on all minor streets and shall be
constructed in accordance with the standards and specifications adopted by the
Council. An adequate storm drainage
system plan shall be required in all subdivisions.
4
Installation of Public
Utilities: Underground utilities are recommended and may be required by the
Commission in areas where overhead facilities would not be compatible with the
surrounding properties.
5
Driveways: All driveway
openings shall be as specified by the City, Highway District, or the State
Highway Department.
6
Water Supply System: Where
practicable, all subdivisions within city limits shall hook onto the city water
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 sub divider. In exceptional circumstances, the sub divider
may be required to install a water supply system for the common use of the lots
within the subdivision as approved by
the Idaho State Department of Environmental Quality. Individual wells are discouraged, but must
have the approval of the South-Central Health District, if allowed. At such time as city water becomes
available, individual lot owners will be required to hook up to city services.
7
Sanitary Sewer System: Where
practicable, all subdivisions within city limits shall hook onto the city
sanitary sewer system. Sanitary sewers
and other required appurtenances thereto shall be provided by the sub divider
as approved by the Idaho State Department of Environmental Quality. In exceptional circumstances, the sub
divider may install individual, temporary septic tank and drain field systems,
but must have the approval of the South-Central Health district, if
allowed. At such time as city sewer
becomes available, individual lot owners will be required to hook up to city
services.
8
Sidewalks and Pedestrian
Walkways:
Sidewalks may be required on both sides of the street. Where the average width of the lots, as
measured at the frontage line or at the building setback line is over one
hundred (100) feet, sidewalks may be required by the Commission. Pedestrian walkways, where required, shall
have easements at least ten (10) feet in width and include a concrete walk at
least five (5) feet 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
Street Lighting: Street lights
shall be required to be installed at intersections throughout the
subdivision. In these cases a sub
divider shall conform to the requirements of the City and the public utility
providing such lighting.
10
Bicycle Paths: Bicycle paths
should be considered in all developments and may be required by the Commission.
11
Private Improvements and
Public Utilities: It shall be the responsibility of the sub
divider to arrange and provide for the development, installation, construction,
or other improvement of the private facilities and public utilities within and
for the subdivision in accordance with the applicable standards and
requirements.
12
Construction of Public
Works:
The scope of this section is to define the respective areas of
responsibility of the sub divider and the City relative to the installation,
construction, or other improvements of public works en-route to and within the
boundaries of a subdivision. In certain
instances, the City may require formal written agreements with the sub divider
that more fully and specifically describe their respective obligations and
responsibilities. It shall be the
responsibility of the sub divider 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 sub divider 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.
13
Guarantee of Completion: Until the public
works for which the sub divider is responsible are completed, or an acceptable
stage in accordance with the approved development plan 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 sub divider.
14
Evidence of Completion: The sub divider
shall notify the City in writing when the public works for which he is
responsible have been completed. The
City shall also certify, in writing, a copy of which shall be sent to the sub
divider, that the said public works have been inspected by their authorized
representative, and that 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 of the work, if required. Compliance
with the foregoing provisions shall constitute the Citys 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.
15
Streets: The sub divider
shall perform, install, construct, or otherwise complete at his sole expense
the following items relative to street improvements for and within the
boundaries of the subdivision:
a.
Route for boundary surveys of
the dedicated rights-of-way;
b.
Construction surveys 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 a crushed
gravel leveling course to be used as a temporary wearing surface until
permanent asphalt pavement is installed;
i.
Asphalt pavement is to be
installed following the installation of any required curbs and gutters.
16.
Sanitary Sewage Collection
System:
The sub divider shall be responsible for the installation of a sanitary
sewage collection system within the boundaries of the subdivision. The sub divider 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.
b.
Construction surveys of line
and grade within the subdivision.
c.
Installation of the sewer
system for and within the subdivision, including sewers, manholes and other
required 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 systems 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 sub divider will be
liable for the payment of sewer assessment and hookup charges as provided by
City ordinances.
17. Water Distribution System: The sub divider shall be responsible for the
installation of a culinary water distribution system for and within the
boundaries of the subdivision on public right-of-way. The sub divider 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 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 as approved by the City.
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 to a designated point of connection near the
subdivision.
g.
Connections to the water
mains shall be in accordance with existing procedures and policies of the City,
and the sub divider shall be liable for the payment of water assessment and
hookup charges as provided by City ordinances.
18. Reimbursement for
Over-sizing: In the event the City requires the sub divider to install
oversized pipe lines 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 sub divider for the additional costs of material and
installation resulting therein, providing said future service needs are not
required for property owned by the sub divider, or person, or persons the sub
divider is acting as agent for, and providing that the property is not
currently under application for subdividing.
ARTICLE V
SPECIAL DEVELOPMENT SUBDIVISIONS
SECTION
I. PURPOSE
The purpose of this Article is to identify the various
types of special developments that normally pose special concerns to the
Council and elected officials when reviewing and acting upon subdivision
requests. Therefore, this Article outlines the general plan submittal
requirements and design standards that shall be taken into consideration when
acting on special developments. The provisions of this Article are in addition
to the plan requirements and design standards that are required by Articles III
and IV. The required information shall be submitted to the Council with the
preliminary plat.
Planned unit and condominium
developments shall be subject to requirements set forth in the Zoning Ordinance
and also subject to all provisions within this Ordinance.
A.
Minimum Area: A planned unit development for the following principal
uses shall contain an area of not less than:
1. Two (2) acres or one (1) normal city block for residential
use, or for a manufactured home subdivision or park;
2. Three (3) acres for
residential use with subordinate commercial or industrial use;
3. Seven (7) acres for commercial use;
and
4. Seven (7) acres for light industrial use.
B. Site Development Plan: The developer
shall provide the Council 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
materials and color;
3. Landscaping
and drainage;
4
Screening;
5. Garbage areas;
6. Parking; and
7. Open space.
C. Private Streets:
Private street construction standards shall be based upon
recommendations from the City Engineer and Council. Adequate construction standards may vary depending on the size
of the development and the demands placed on such improvements.
D. Home Owner's Association: The Home Owner's Association
By-Laws 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 Commission. Any and all powers as specified in such
agreements may be required to also be assigned to the jurisdictional agency to
insure continued and adequate maintenance of all such common areas,
recreational facilities and open space, ability to assess 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, campers and travel trailers.
For typical residential development, one (1) adequate space shall be provided
for every three (3) living units. This may be reduced by the Commission if
there is a showing that the needs of a particular development are less.
F. Parking Space: One (1) 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.
G. 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.
H. Open
Space: The location of open space shall be appropriate to the development
and shall be of such shape and area to be useable and convenient to the
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.
A. General: Mobile 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
requirements:
B. Special Requirements:
1.
Developed as a planned unit development with a minimum lot area for the
planned development of three (3) acres;
2.
Essential community facilities and services for the type of development
under consideration are available, or provisions shall be made to assure that
these facilities will be provided;
3.
The site shall be suitable for residential development and not be
subject to hazards such as insects or rodent infestation, objectionable smoke,
noxious odors, unusual noise, or the probability of flooding or erosion;
4. Adequacy of
provisions for drainage of surface waters and for waste disposal;
5. Protection of
existing ground cover;
6.
Screening from adjacent areas, other than subdivisions of the same type,
by aesthetically acceptable fences, walls, living plant areas, and existing
natural or man-made barriers; and
7.
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.
SECTION
IV RECREATIONAL VEHICLE PARKS
A. 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 requirements.
B. Special Requirements:
1.
Developed as a planned unit development with a minimum lot area for
planned development of two (2) acres;
2. 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;
3. Adequate
provisions for drainage of surface waters and for waste disposal;
4. Protection of
existing ground cover;
5.
Screening from adjacent areas, other than subdivisions of the same type,
by aesthetically acceptable fences, walls, living plant areas, and existing
natural or man-made barriers; and
6.
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.
7. No travel trailer, motor home or camper shall be parked any closer than twelve (12) feet to each other.
SECTION
V. LARGE SCALE DEVELOPMENT
A. 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; and
3. Estimate the tax revenue that will be
generated from the development.
SECTION
VI. CEMETERY SUBDIVISION
A. 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.
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.
SECTION
VII. SUBDIVISION WITHIN A FLOOD PLAIN
A. Flood Areas: For any proposed
subdivision that is located within or partially within a flood plain, 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. Location of
all planned improvements;
2. The location of the floodway and the floodway fringe per engineering practices as specified by the Federal Emergency Management Agency (FEMA);
3.
The location of the present water channel;
4.
Any planned rerouting or waterways;
5.
All major drainage ways;
6.
Areas of frequent flooding,
7.
Means of flood proofing buildings; and
8. Means of insuring loans for improvements
within the flood plain. New construction and substantial improvements of
residential structures within the flood plain shall have the lowest floor
(including basement) elevated to or above the level of the one hundred (100)
year flood; and, for new construction or substantial improvements of
non-residential structures, the lowest floor (including basement) shall be
elevated to or above the level of the one hundred (100) year flood, or together
with attendant utility and sanitary facilities, shall be flood proofed up to
the level of the one hundred (100) year flood.
B. Justification for Development:
Upon the determination that buildings are planned within the flood plain or
that alterations of any kind are anticipated within the flood plain 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 a
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 any part of a proposed subdivision can be safely
developed, the Commission shall limit development to that part and shall
require that development proceed consistent with that determination.
Subdivisions
shall be reviewed to assure that:
1. All such proposals are consistent with
the need to minimize flood damage;
2.
All public utilities and facilities, such as sewer, gas, electrical and
water systems are located and
constructed to minimize or eliminate flood damages; and
3.
Adequate drainage is provided so as to reduce exposure to flood hazards.
New or replacement water supply systems and/or sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters, and require on-site waste
disposal systems to be located so as to avoid impairment of them or
contamination from them during flooding.
ARTICLE VI
VACATIONS AND DEDICATIONS
A. 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 Plan, or the dedication of
streets, rights-of-way, or easements to be shown on the recorded plat of a
subdivision.
B. Commission Recommendation: The
Commission shall review the request and all agency responses and make a
recommendation to the Council either to approve, conditionally approve or deny
the request.
C. Council Action:
1.
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 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 quit claim deed for said vacated rights-of-way
in such proportions as are prescribed by law.
2.
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 Lincoln County
Recorder.
ARTICLE VII
VARIANCES TO SUBDIVISION ORDINANCE
SECTION
I. PURPOSE
The Commission may recommend to the Council a variance from
the provisions of this Ordinance on a finding that undue hardship may result
from strict compliance with specific provisions or requirements of the
Ordinance or that application of such provisions or requirements is
impractical. Where in the case of a particular proposed subdivision, it can be
shown that strict compliance with the requirements of this Ordinance would
result in extraordinary hardship to the sub divider because of unusual
topography, 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 Ordinance, the Council may declare that
variance, modification or a waiver of these requirements be granted. The Council shall only recommend variances
that it deems necessary to or desirable for the public interest. In making its
findings, the Council 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 the
proposed subdivision upon traffic conditions in the vicinity No variance shall
be recommended unless the Council finds after a public hearing:
A. There are such special circumstances or
conditions affecting said property that the strict application of the
provisions of this Ordinance would clearly be impracticable, or unreasonable;
in such cases, the sub divider shall first state his reasons in writing to the
specific provisions or requirements involved;
B.
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;
C. Such variance will not violate the
provisions of the Idaho Code; and
D.
Such variance will not have the effect of nullifying the interest and
purpose of this Ordinance and the
Comprehensive Land Use Plan.
SECTION
II PLANNED UNIT DEVELOPMENT VARIANCE
The developer may request a variance from
specified portions of this Ordinance in the case of a planned unit development.
Upon considering the request variance, the Commission shall take into account
the nature of the proposed use of the land and existing use of land in the
vicinity, the number of persons to reside or work in the proposed subdivision,
the probable effect of the proposed subdivision upon traffic conditions in the
vicinity, adequate open space, light, air and other needs. The Commission's
findings and report to the Council shall include whether:
A.
The proposed project will constitute a desirable and stable community
development and be in compliance with the Comprehensive Development Plan;
B.
The proposed project will be in harmony with adjacent areas; and
C.
The proposed project will be served with adequate public facilities.
ARTICLE VIII
ENFORCEMENT AND PENALTIES
SECTION
I. ENFORCEMENT
No subdivision plat required by this Ordinance 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 any of the public improvements required
by this Ordinance until the final plat has received approval by the Council.
SECTION
II. PENALTIES
Penalties for failure to comply with the provisions of this
Ordinance shall be as follows:
Violation of any of the provisions of this
Ordinance 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 land owner, tenant, sub divider, 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. Nothing herein contained shall prevent the Council
or any other public official or private citizen from taking such lawful action
as is necessary to restrain or prevent any violation of this Ordinance or of
the Idaho Code.
ARTICLE IX
AMENDMENT PROCEDURES
SECTION
I. AMENDMENT PROCEDURES
The Council may, from time to time, amend, supplement, or
repeal the regulations and provisions of this Ordinance in the manner
prescribed by Idaho Code to better serve the City and outlying community. A
proposed amendment, supplement, or repeal may be originated by the Council or
by petition from the public at large. In all cases, the proposal shall be
reviewed by the Council before any action is taken on the issue. Adequate
public notice shall be given to obtain comments from the public, either for or
against, prior to any action taken.
SECTION II. RESUBMISSION OF
APPLICATION
No application for amendment which has been denied by the Council shall be resubmitted in either substantially the same form or with reference to substantially the same premises for the same purposes within a period of six (6) months from the date of such final action; unless there is an amendment in the Comprehensive Plan which resulted from a change in conditions as applying to the specific property under consideration.
ARTICLE X
If any section, paragraph, clause, or provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall in no manner affect the remaining provisions of this ordinance.
ARTICLE XI
EFFECTIVE DATE
SECTION
I. EFFECTIVE DATE
This Ordinance shall be in full force and
effect upon publication following passage and approval.
Regularly passed and approved by THE CITY
COUNCIL OF THE CITY OF DIETRICH, on this _____ day of ________ 2006.
MAYOR
DATE
ATTEST:
CITY CLERK