HomeMy WebLinkAbout0206 Land Development 1979LAND DEVELOPMENT ORDINANCE~
Table of Contents
Provision
CHAPTER i--TITLE, PURPOSE, INTERPRETATION
SCOPE AND DEFINITIONS
Short Title
Purpose
Interpretation
Scope
Definitions
CHAPTER 2--PLATTING REQUIREMENTS AND PROCEDURES
Summary of Phases
Planning Conference
Preliminary Plat Phase--Procedure
Preliminary Plat--Format and Information
Required
Final Plat Phase--Procedure
Final Plat--Format and Information Required
CHAPTER 3--DEDICATIONS AND IMPROVEmeNTS
General Application
Dedications in General
Dedication of Park and Recreation Lands or
Payment of Cash Contributions in Lieu
Thereof
Improvements
CHAPTER 4--ENFORCEMENT AND RELIEF FROM ORDINANCE
REQUIREMENTS
Enforcement
Relief from Provisions of Ordinance
CHAPTER 5--MISCELLANEOUS PROVISIONS
Severability
Repeal of Conflicting Ordinances
Effective Date
Page
3
4
5
7
9
10
13
13
15
18
18
20
20
21
21
ORDINANCE NO. 206
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REGULATING
LAND DEVELOPMENT WITHIN THE JURISDICTION OF THE CITY;
STATINGA SHORT TITLE AND THE PURPOSE OF THE ORDINANCE;
GUIDING INTERPRETATION OF THE ORDINANCE; SETTING FORTH
THE SCOPE OF THE ORDINANCE; DEFINING THE TERMS USED IN
THE ORDINANCE; PROVIDING FOR THE PLATTING OF DEVELOPMENTS
AND sUMMARIZING THE PHASES THEREOF; ESTABLISHING THE
PLANNING CONFERENCE; PRESCRIBING PROCEDURE FOR PRELIMINARY
PLATS; SETTING FORTH THE FORMAT AND INFORMATION REQUIRED
FOR PRELIMINARY PLATS; PRESCRIBING THE PROCEDURE FOR FINAL
PLATS; SETTING FORTH THE FORMAT AND INFORMATION REQUIRED
OF DEVELOPMENT REGULATIONS AND STANDARDS; GOVERNING DEDI-
CATIONS OF LAND AND IMPROVEMENTS TO THE PUBLIC; REQUIRING
DEDICATIONS OF OPEN SPACE AND/OR CASH CONTRIBUTIONS IN
LIEU THEREOF; PROVIDING FOR ENFORCEMENT AND RELIEF FROM
ENFORCEMENT OF THE REQUIREMENTS OF THE ORDINANCE; REPEALING
ALL CONFLICTING PRIOR ORDINANCES AND PARTS THEREOF TO THE
EXTENT OF SUCH CONFLICT; PROVID'ING FOR THE SEVERABILITY
OF THE PROVISIONS OF THIS ORDINANCE; AND ESTABLISHING THE
EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
CHAPTER ONE
TITLE, PURPOSE~ INTERPRETATIONf SCOPE AND DEFINITIONS
SECTION 1-1: Short Title. This ordinance shall be known
and may be cited as the "Chubbuck Land Development Ordinance."
SECTION 1-2: Purpose. The purpose of .this ordinance is
to protect the public health, safety and welfare by providing
for the orderly development of land within the jurisdiction
of the City in order to insure the adequate availability of
municipal services and public utilities, the safe and efficient
circulation of vehicular and pedestrian traffic~ the establish-
ment of open space for recreation areas and public facilities,
the identification by proper legal description of land
developed or conveyed, and the establishment of a permanently
wholesome community environment. This ordinance is intended to
comply with, but is not limited to, tbe requirement that munici-
palities enact subdivision ordinances under the Local Planning
Act of 1975 set forth in the Idaho Code.
SECTION 1-3: Interpretation. This ordinance shall be
construed liberally in the public interest to accomplish the
foregoing purpose.
SECTION 1-4: Scope. A. With respect to geography,
this ordinance shall apply to any land within the. corporate
limits of the City and to any land outside the City over
which the City exercises control pursuant to the Idaho Code
or pursuant to agreement with other governing bodies as
authorized by the Idaho Code.
B. with respect to subject matter, this ordinance
shall apply to any of the following activities:
1. Subdivision of a parcel of land into three
(3) or more smaller parcels, any one of which is less than
Five (5) acres in size, unless such subdivision results from
a decree distributing the estate of a decedent or from the'
exercise of the power of eminent domain as defined and authorized
in the Idaho Code.
2. Creation of any street to which the general
public may have access, regardless of whether or not such
street is intended by the landowner to be dedicated to the
public.
3. Undertaking a project of construction,
installation or placement of any structure upon
land, except for agricultural purposes, and further excepting
the construction, installation or placement of one single familY
dwelling on a single parcel of land.
SECTION 1-5: Definitions. For the purpose of this ordinance:
A. "Block" means a piece or parcet of land or group
of lots entirely surrounded by public street, streams, railroads,
or parks, or a combination thereof.
B. "Comprehensive plan" means a plan with maps, charts
and reports, together with any amendments thereto, adopted by
the City Council in compliance with the Local Planning Act of
1975 set forth in the Idaho Code.
C. "Condominium" means a development of land creating
a scheme of interests in real property defined as a "condominium"
in the Idaho Code.
D. "Conveyance" means any transfer of a document
evidencing title to real property.
E. "Development" means any activity enumerated in
paragraph 1-4 (~) above.
F. "Hillside development" means any~ development or
that portion of a development located in terrain having a slope
exceeding ten percent (10%).
G. "Improvement" means any physical addition or change
to land, which enhances the value of the land, which is incident
to a scheme to develop the land, or which benefits other lands.
-2-
H. "Irrigation
ditches, conduits, gates,
for the supply, delivery,
I. "Lot" means
facilities" means canals, 'laterals,
pumps, and allied equipment necessary
and drainage of irrigation water.
a piece or parcel of land separated
from other pieces or parcels by description, as on a record
survey map, or by metes and bounds, for purposes of sale, ]ease,
or separate use.
J. i"Pedestrian way" means a walk extending entirely
through a block'from street to street or providing access to a
school, park, recreation area, residential neighborhood, or
commercial or industrial area.
K. "Planned unit development" means a development
embracing a combination of land uses within an integrated and
harmonious scheme, under unified control.~
L. "Plat" means a map depicting subdivision of lands,
creation of a street, or a plan of land development.
M. "Project" means installation of any improvement
or the building of any structure upon land.
N. "Street" means a way for vehicular traffic, except:
(1) a parking 10t or area for traffic movement within the parking
lot, (2) a way that is less than one hundred fifty (150) feet
in length; or (3) a way that serves or is intended to serve less
than three (3) households.
O. "Structure" means any construction or improvement,
other than a fence, out-building, or driveway (or other hard
surface at ground level, upon or within land).
P. "Subdivision" means the creation of three (3) or
more smaller parcels of land, each capable of separate legal
description and conveyance of title, from a larger parcel.
"Subdivision" as used in this ordinance includes, without
the full meaning of that term as defined in the ~daho
limitation,
Code.
Q. "Utilities" means installations or facilities,
underground or overhead, furnishing for the use of the public
electricity, gas, steam, communications, water, water drainage,
sewage disposal, or flood control, owned and operated by any
person, firm, corporation, municipal department, or board duly
a~thorized by state or municipal regulations. Utility or
"utilities" as used herein may also refer to such persons, firms,
corporations, departments, or boards, as applicable herein.
CHAPTER TWO
PLATTING REQUIREMENTS AND PROCEDURES
SECTION 2-1: Summary of Phases. Any person who seeks to
commence a development as defined above shall:
A. Participate in a planning conference.'
B. Obtain approval of preliminary plat and comply
with all requirements related thereto, unless platting has
been waived.
C. Obtain ~pproval of a final plat and comply with
all requirements related thereto, after the preliminary plat
phase has been completed.
SECTION ~-2: Planning Conference: During this phase, the ·
developer meets informally, on one or more occasions as needed,
with the City Engineer and together they review the development
proposal for conformity to the City's cQmprehe~sive plan and
for compliance with all applicable laws and ordinances.
A. The developer's proposal shall i~clude sketch
plans and narrative statement of intentions regarding (1) nature
of land use, (2) municipal services and public utilities,
(3) vehicular and pedestrian traffic, (4) structures and im-
provements, (5) lot and block layout, (6) open space for
recreation and public facilities, (7) relationship with land
use and development on adjoining property, and (8) proof of
ownership, agency for the owner or option or purchase from the
owner, the land to be developed~.
B. The City Engineer shall:
1. Review the developer's proposal and require
the submission of such additional materials as may be needed
to determine in general whether the proposal conforms to the
comprehensive plan and complies with applicable laws and
ordinances.
(a). If the proposal does not encompass
all of the land which the developer ultimately seeks to develop,
the developer shall prepare for the City Engineer's review a
master plan relating to the entire area, containing the elements
set forth in paragraph 2-2(a) above.
(b). The master plan shall serve as a
framework for evaluating specific development proposals within
the subject area and shall be up-dated whenever required by
changing circumstances.
2.' Advise the developer in writing of his pre-
~iminary finding as to whether the development proposal (together
with master plan, if applicable) appears to conform to the City's
comprehensive plan and to comply with all applicable laws and
ordinances.
(a). Where there is an apparent lack of
such conformity or compliance the City Engineer may recommend
actions to remedy the problem.
(b). The Engineer's preliminary finding or
recommendation shall be du'ly considered but shall no~ be binding
upon the City in the course of reviewing plats thereafter 'submitted.
-4-
3. Determine whether the proposal involves the
subdivision of land, creation of a street or constitutes a
subdivision as specified in paragraph 1-4(b) (1) (2) above.
(a). If so, the Engineer shall direct
the developer to submit a preliminary plat.
(b). If the proposal neith'er involves
creation of a street nor constitutes a subdivision, but is
governed by this ordinance because it is a project as provided
in Paragraph 1-4(b) (3) above, then the Engineer shall further
determine, and advise the developer, whether ~he proposal
potentially has a sufficient impact upon the City's compre-
hensive plan and upon the purpose of this ordinance to require
submission of a preliminary plat.
4. Inform the developer of the persons or
agencies to whom copies of a preliminary plat shall be dis2
tributed by the developer, as provided below, so that the
developer may contact them and ascertain their requirements
before preparing the plat.
SECTION 2-3: Preliminary Plat Phase--Procedure.
A. Except as provided below, upon completion of the
planning conference phase, the developer shall submit to the
City Clerk three (3) copies of a preliminary plat of the pro-
posal containing the information and reflecting the format
required by the next section.
1. If the proposal does not involve subdivision
of land or creation of a Street, but is a project governed by
this ordinanqe, as set forth above, the developer may submit
to the City Clerk three (3) copies of a written request for
waiver of the platting requirement, stating the reason(s) why
waiver is sought.
2. At the time of submitting a preliminary plat:
(a). The developer shal'l pay to the City
Cl'erk a hearing notice and plat review fee of twenty dollars ($20.00)
plus one dollar and fifty cents ($1.50) per dwelling unit, or
two dollars ($2.00) per acre, or the sum of forty dollars ($40.00),
whichever is greatest.
(b). The developer shall certify that he has
distributed copies of the plat to all affected public utilities
and to any governmental entity with which the.City has agreed to
exercise jurisdiction over the land in question.
3. A preliminary plat shall be accompanied by
the master plan, if one has been prepared in cooperation with
the Engineer; and a request for waiver of the platting require-
ment shall be accompanied by the proposal submitted during the
pre-platting conference phase.
-5-
4. The City Clerk shall:
(a). Cause the preliminary plat or request
for waiver to be placed on the agenda of the ne~t regular meeting
of the City's Land Use and Development Commission and On the
agenda of the next following meeting of the City Council; shall
make available one (1) copy each of the plat or request to the
chairman of the Commission and the Mayor; and shall furnish the
other copy to the Engineer.
(b). With respect to a preliminary plat,
Cause a single notice of public hearings at both the Commission
meeting and Council meeting to be posted in the City Municipal
'Building and published once in a newspaper of general circulation
within the City not less than ten ·(10) days prior to the
commission meeting date.
5. The Engineer shall review the plat or request,
· in conjunctiDn with other appr°priate officers of the City and
of any other affected governmental entity, including an entity
with which the City has agreed to exercise jurisdiction. The
Engineer shall appear at the meeting of the Commission to state
the results of his review.
B. With respect to a request for waiver of the platting
requirement, the CommisSion Shall recommend to the Council whether
or not such waiver should be granted. The recommendation shall.
be supported in the minutes of the Commission's meeting by a
recitation that·the developer's proposal neither creates a street
nor constitutes a subdivision, and specific findings why the
proposal would or would not have a significant impact upon the
City's comprehensive plan and the purpose of this ordinance.
C. With respect to a preliminary plat, the Commission
shall conduct a public hearing, and recommend to the Council
whether to approve or disapprove the plat, as submitted, on the
basis of whether it is consistent with the City's comprehensive
plan and comp!ies with all applicable laws and ordinances. If·
disapproval is recommended, such recommendation shall be supported
in the minutes of the Commission's meeting by specific findings
(which may refer to a "mark up" of a copy of the plat by the
Engineer) why the plat is inconsistent with the Comprehensive
plan or fails to comply with all applicable laws and ordinances.
D. Following receipt _of the Commission's recommendation
regarding a request for waiver or a preliminary plat, the Council
· shall review the record of proceedings before the Commission
and consider such further information as interested parties or
the Engineer wish to pres~nt~ If a preliminary plat is before
the Council, the meeting shall include a public hearing. The
Council shall decide whether to approve or disapprove the request
-6-
for waiver, or preliminary plat in question. The Council may
also remand the matter to the Commission for re-consideration
at its next regularly scheduled meeting, without the necessity
of any additional public hearing. The Council shall enter in
the minutes of its meeting the findings upon which its decision
is based.
1. If a request for waiver is approved, no
further compliance with the platting provisions of this chapter
shall be required. If the request is disapproved, a preliminary
plat must be submitted and fee paid as provided in this section.
2. If a plat is disapproved, another plat must
be submitted and fee paid as provided in this section. However,
if a plat is re-submitted with no changes from the original
findings, it may be approved at a subsequent Council meeting
without payment of fee or an additional public hearing.
3. If a plat is approved, the developer may
prepare the final plat together with plans and specifications
for improvements and structures. Approval is valid for a period
of six (6) months and may be renewed once for a similar period
upon written request to the Council. Approval of a preliminary
plat does not assure final acceptance of any dedications or con-
tinuation of any existing land use regulations governing the sub-
ject land or other properties in the area.
4. Following approval of a plat, if the Council
finds that the plat is inconsistent with the comprehensive plan
or that it fails to comply with all applicable laws and ordinances,
the Council may rescind approval of the plat and notify the
developer of such action, unless the developer has acted in good
faith and has made a substantial, irrevocable economic invest-
ment in reliance upon the initial approval of the plat.
SECTION 2-4: Preliminary Plat--Format and Information
Required.
A. Form of Presentation: The following information
shall be shown graphically or by note on plans, or by letter,
and may comprise several sheets showing various elements of
r~quired data. All mapped data for the same plat shall be
drawn at the same standard engineering scale, said scale having
not more than one hundred feet (100') to an inch. Whenever
practical, scale shall be adjusted to produce an overall drawing
measuring at least twenty-two inches by thirty-four inches
(22" x 34"), and not exceeding forty-two inches by sixty
inches (42" x 60"). ~
B. Identification and Descriptive Data:
1. Proposed name of development and its location
-7-
by section, township,
bearing to a section
surveyor,
plat.
and range; reference by dimension and
corner or quarter-section corner.
2. Name, address, and phone number of developer.
3. Name, address, and phone number of engineer,
landscape architect, or land planner preparing the
4. Scale, north point, and date of prepara-
tion including dates of any subsequent revision.
5. Vicinity map clearly showing proposed develop-
ment in relationship to adjacent developments, main arterial
street, collector streets, etc.
C. Existing Conditions Data:
i. Topography by contours related to USGS survey
datum, or other datum approved by the City Engineer, shown on
the same map as the proposed development layout. Contour interval
shall be such as to adequately reflect the character and drainage
of the land.
2. Location of water wells, streams, canals,
irrigation laterals, private ditches, washes, lakes, or other
water features; direction of flow; location and extent of areas
subject to inundation' whether such inundation be frequent, periodic,
or occasional.
3. Location, widths,' and names of all platted
streets, railroads, utility rights of way of public record,
public areas, permanent structures including water wells, and
municipal corporation lines within or adjacent to the subject land.
4. Name and recording numbers of any' recorded plats
having common boundaries with the subject land.
5. By note, the existing land use (zoning) classi-
fication of the subject land.
6. By note, the acreage of the subject land.
7. Dimensions of the boundaries of the subject
land.
D. Proposed Conditions Data:
1.' Street layout, including location, width and
proposed names of streets, as well as crosswalks and easements,
together with connections to streets on adjoining lands.
2. Typical lot dimensions (scaled), dimensions
of all corner lots and lots of curvilinear sections of streets,
each lot numbered individually, and total number of lots.
3. Location, width, and use of easements.
4. Designation Of land to be dedicated or reserved
for public use, with use indicated.
-8-
5. Contemplated use Of remaining land; and if
plat includes land for'which a combination of land uses is
proposed, such areas shall be clearly designated.
E. Proposed utility Methods
1. Sewage Disposal: Location and carrying capacity
of all lines or conduits~ together with evidence that the developer
has furnishe~ the Southeastern Idaho District Health Department
such information as the Department may require regarding design
and operation of sanitary sewage facilities.
2. Water Supply: Location and carrying capacity
of all lines and conduits, together with a letter from said
Department approving proposed water volume and quantity.
3. Storm Water Disposal: Preliminary calculations
and layout, of proposed system and locations of outlets, subject
to approval of the City Engineer.
4. Other utilities: Preliminary layout of gas
lines, electrical lines, television cables, telephone lines
and other utilities.
SECTION 2-5: Final Plat Phase--Procedure.
A. Following approval of the preliminary plat, and
within the time period during which such approval is effective,
the developer shall cause the development to be surveyed and
shall submit to the City Clerk three (3) copies of a final plat
and supporting documents. Supporting documents shall include,
without limitation, construction draWings. The final plat
and supporting documents shall reflect the format and contain
the information set forth in Section 2-6 below.
1. The city Clerk shall cause the final plat
and documents to be placed on the agenda of the next regularly
scheduled meeting of the City Council to be held not less than
three (3) days after the final plat is Submitted; and the City
Clerk shall make one copy of the final plat and documents
available to the City Engineer.
2. Prior to the City Council meeting, the
Engineer shall~review the final plat and documents to determine
their conformity with the approved preliminary plat. The
Engineer shall report to the City Council, during its meeting,
any adjustments of dimensions in the development appearing as
a result of the survey. If the Engineer finds any changes
other than such dimension adjustments, or if he finds that the
final plat and documents do not satisfy the content and format
requirements of the next section of this ordinance, the Engineer
may direct the City Clerk (a) to return the original and copies
of the final plat and documents to the developer, (b) to remove
.the matter from ~he agenda of the City Council meeting for which
-9-
it was scheduled, and (c) to advise the developer that the
final plat'may be re-submitted as a proposed preliminary plat
supersedin~ the preliminary Plat previously approved. There-
upon, the provisions of this ordinance relating to the pre~
liminary plat phase shall apply.. In the alternative, the
developer may submit another final plat, with supporting
documents, in conformity with the approved preliminary plat.
B. At its regular meeting, the City Council shall
approve, and the Engineer, Mayor and City Clerk shall sign,
the final plat if the final plat and supporting documents con-
form to the preliminary plat previoUsly approved. Conformity
will not be defeated by dimension adjustments based upon the
survey, unless the Council finds that such adjustments have
materially affected the layout of the plat o~ have brought
the proposed development into conflict with any of the
applicable ordinances of the City. If the final plat is not
approved by t~e Council, the developer may undertake either
of the alternatives specified in paragraph 2-5(a)(2) above.
The Council' shall enter the reasons for rejecting the final
!plat, in the minutes of its m~eting.
C. If a final plat is approved and the council
subsequently finds that the final plat did not, in fact, con-
form to the preliminary plat previously approved, the Council
may rescind its approval of the final plat, cause the rescis-
sion to be recorded, and notify the developer in writing of
such action.
D. A final plat shall constitute an offer of any
dedicated lands, streets, utilities, pedestrian ways, parks
or recreation areas depicted therein. However, approval of
the final plat shall not constitute the City's acceptance of
the offer. Such acceptance shall become effective only upon
the execution by the Mayor of a separate instrument for that
purpose, after the Council has found that all structures and
improvements relating to the dedicated lands, streets or
utilities have been completed and have been approved upon
inspect'ion by'the City.
E. After the approved final plat has been recorded,
a reproducible original and four (.4) copies of the recorded
instrument, bearing all certificates required as set forth
in the next section, shall be filed with the City Clerk.
SECTION 2-6: Final Plat Phase--Format and Information
Required.
A. Form of presentation:
1. The record plat shall be drawn in India
ink on linen, plastic, or other non-shrinking material on a
-10-
sheet of eighteen inches by twenty-four inches (18" x 24")
proportions with tracing according to Idaho law.
2. Copies of the record plat shall be
reproduced in the form of blueline or blackline prints on
a white background.
3. The plat shall be drawn'to an accurate
scale having not more than one hundred feet (100') to an
inch unless otherwise approved as to scale.
B. Identification Data Required:
1. A title which includes the name of the
development and its location by number of section, township,
range, and county.
2. Name, address, and registration number
of seal of the registered professional engineer or registered
lmnd surveyor preparing the plat.
3. Scale north arrow, and date of plat
preparation.
C. Survey Data Required:
1. Boundaries of the tract to be developed,
fully b'alanced and closed, showing all bearings and distances,
determined by an accurate survey in the field.
2. Location and description of cardinal
points to which all dimensions, angles, bearinys, and similar
data on the plat shall be referenced; each of two (2) corners
of the development traverse shall be tied by course and
distance to separate section corner or quarter-section
corners.
3. Location of all physical encroachments
upon the boundaries of the tract.
4. Basis of bearings.
5. Other data required by applicable sections
of the Idaho Code.
D. Descriptive Data Required:
]~ Name, right of way lines, courses,
lengths, width of all streets, alleys, crosswalks, and
utility easements; radii, points of tangency, and central
angles of all curvilinear streets and alleys, radii of all
rounded street line intersections.
2. Ail drainageways shall be shown on the
plat. The rights of way of all major drainageways, as
designated by the City Engineer, shall be dedicated to the
public.
3. All easements for rights of way provided for
public services or utilities and any limitations of the easements.
-11-
4. Location and all dimensions of all lots.
5. All lots shall be identified by consecu-
tive numbers throughout the plat. "Exceptions", "tracts'!,
and "private parks" shall be so designated, lettered, or
named and clearly dimensioned.
6. Location, dimensions, bearings, radii,
arcs, ~nd'central angles of all areas to be dedicated to the
public, will be clearly indicated and intended use specified.
Each such area shall be labeled on the plat.as "dedicated."
7. Location of all adjoining developments
with date, book, and page number of recordation noted, or if
unrecorded, so marked.
8. Attachment of any proposed private deed
restrictions to belimposed upon the plat or any parts thereof
pertaining to the intended use of the land.
E. Dedication and Acknowledgement:
1. Dedication: Statements of dedication
to the public of all streets, alleys, crosswalks, drainageways,
pedestrian Ways, parks and open spaces, together with easements
for public use, executed by all persons holding title of
record, by all persons holding an interest as vendee under
contract, by all persons claiming an interest under a
mortgage, deed of trust or other'encumbrance and by the
spouses of all such persons. Dedication shall include a
written location by section, township, and range, of the
tract. If the plat contains private streets, public utilities
shall be reserved the right to install and maintain utilities
in the street rights of way. The dedication shall state
that all areas labeled as "dedicated" on the plat are conveyed
to the public in perpetuity for the uses indicated; that the
public may have access to such areas, subject to municipal
regulation; that improvements in such areas are similarly
dedicated; and that responsibility to maintain the property
dedicated shall pass to the public body having jurisdiction,
when the dedication has been accepted. The dedication shall
also quote paragraph 2-5-D of this ordinance, above.
2. Acknowledgment of Dedication: The dedi-
cation shall be executed before and acknowledged by a notary
public.
F. Required Certification:
1. Certification by registered land surveyor
that the plat is correct and accurate, and that the monuments
described in it have been located as described.
2. Certificate of plat approval by the
City Engineer.
-12-
3. Certificate of plat approval by the
Council, executed by the Mayor, with statement of any qualifying
conditions or terms.
4. Certificate of recordation by the County
Recorder.
G. Units of Measure: The City Engineers may
designate~the units of measure in which dimensions, and
other data required above, shall be expressed.
CHAPTER THREE
DEDICATIONS AND IMI~ROVE~NTS
SECTION 3-1: General Application. The following rules
governing dedications and improvements shall apply to any
development, regardless of whether or not the platting require-
ments set forth in the preceding chapter is waived.
SECTION.3-2: Dedications in General.
A. Except as provided below, the developer shall
dedicate to' the public (1) any utility easement and (2) any
street, as defined in this ordinance. Such dedication shall
include all adjoining pedestrian ways and all utilities running
upon, under or adjacent to the street or easement in question.
B. In lieu of dedication, the city may require
that the street or easement, together with related pedestrian
ways and utilities, be conveyed to or retained by a person
or association, subject to the jurisdiction of the courts of
the State of Idaho, who shall be responsible therefor and
who:
1. Executes an instrument dedicating the
street or easement, pedestrian ways and utilities to the
public and delivers such instrument to the Chubbuck City
Clerk together with a power of attorney authorizing the
Clerk to record the instrument in the event that the City
Council finds and declares by resoluation (a) that said
person or association has failed adequately to maintain or
to care for the street or easement, pedestrian ways and
utilities, and (b) that dedication is required to protect
the public health, safety and welfare.
2. Discloses in writing, to all immediate
purchasers, lessees or lawful occupants of the property
served by the street or easement, the fact that dedication
has been suspended and that said person or association is
responsbile for all maintenance and care of the street or
easement and related pedestrian ways and utilities.
-13-
Said person or association shall be entitled to a hearing by
the City Council, upon no less than ten (10) day's written
notice, prior to consideration of a resolution as set forth
in subparagraph (b)(1) above. The resolution shall contain
~a statement of the reasons underlying its findings and
declarations.
' C. Where a street or easement is dedicated as
providedabove, and where such street or easement potentially
benefits adjoining lands not yet developed, the developer
making the dedication may reserye a strip not less than one
(1) foot in width parallel to the street or easement, between
the street or easement and the undeveloped lands; provided,
however, that said developer must execute.and deliver to the
City an instrument binding him, his successors or assigns,
to convey the reserved strip to the owner(s) of the adjoining
lands upon the request of such owner(s) for a stated monetary
consideration, fixed by the City, consisting of the fair
value at that time of the strip itself and the reasonably
apportioned value of improvements properly chargeable to the
adjoining lands, and interest at the legal rate for contract
obligations.
D. No structure or improvement, except those to
be dedicated, shall be built or placed upon land located in
any proposed development until all easements, streets,
pedestrian ways, utilities, and areas of open space (and/or
cash contributions in' lieu thereof) adjoining or serving the
land upon which the structures or improvements will be
located, have been dedicat'ed to the extent required above
and such dedication has been accepted by the City Council.
Provided, however, that the City may permit such improvements
or structures to be built or placed on the land at an earlier
time if the developer furnishes a completion bond approved
by the City as to form, amount and surety.
E. No dedication shall be accepted until all
included structures or improvements to be dedicated have
been inspected by the City and the City has been furnished a
complete set of "as-built" drawings, certified by an engineer
licensed in the State of Idaho, containing such information
as the City Engineer may reasonably prescribe.
F. Ail structures or improvements dedicated to
the public, and accepted, shall be warranted against defects
by the person(s) making the dedication and by the person(s)
constructing or placing said structures or improvements upon
the land, for a period of one (1) year from the date of
acceptance. The City, or its designee, may bring an action
-14-
in any court of competent jurisdiction to compel the
warrantor(s) to remedy any such defects or to obtain
reimbursement for the cost of remedying such defects.
G. Open space for parks and recreation areas,
and/or payment of cash contributions in lieu thereof, shall'
be dedicated in the manner provided by the next chapter.
~hen the City Council finds that a pro-
posed development will impose a demand upon the City, which
is specifically attributable to that development, for a par-
ticular type of facility, equipment, or service, in order to
protect the public health safety or welfare, the developer
shall be required to dedicate the facility or equipment to
the City, or to contract with the City to provide funds for
the serivce~ The Council's finding, and reasons therefor,
shall be set forth in the minutes of a regular or duly called
Council meeting of which the developer has been notified. At
such meeting, the developer or his representative shall have
the opportunity to present information with respect to any
proposed finding.
.SECTION 3-3: Dedication of Park and Recreation Lands
or Payment of Cash Contributions in Lieu Thereof. As a
condition on approval of any development required to be
platted under the provisions of this ordinance, which includes
residential structures, each developer will be required to
dedicate land for park and recreational purposes to serve
the immediate and future needs of the residents of the
development, or make a contribution in lieu of actual land
dedication, or a combination of both, at the option of the
City, in accordance with the following criteria and formula:
Ao Requirement and Population Ratio: The
ultimate density of a proposed develoPment shall bear directly
upon the amount of land required for dedication. The total
requirement shall be
ultimate population
classifications:
Types~ of
Recreation Area
five (5.0) acres of land per 1,000 of
in accordance with the following
Size Range
Minimum Acres
Per 1,000 People
(1) Play Lot
(2) Neighborhood Park
(3) Community-Wide
Recreation Park
0.2-2.0 acres
2.0-10.0 acres
over 10.0 acres 2.0
TOTAL 5.0 acres of
land per 1,000 people
-15-
B. Location: The future park and recreation por-
tion of the comprehensive plan as adopted by the City shall be
used as a guideline in locating site~ A central location
serving equally the entire development will be selected if
available. In large developments these sites can be located
throughout the development according to established standards
for park area distances.
C. Credit for Private Open Spaces and Recreation
Areas: When developers provide their own open space for
recreation areas and facilities, it may have the effect of
reducing the demand for local public recreational services.
Depending on the size of the development, a portion of the
park and recreation area specified for the proposed development
may at the option of the City Council be provided in the
form of "private" open space in lieu of dedicated "public"
open space. The extent of such allowance shall be determined
by the City Council, based upon the needs of the projected
residents and in conformance to the total park and recreation
land for the genera] area. In general, a substitution of
private open space for dedicated parks will imply a substantially
higher degree of improvement and the installation of recrea-
tional facilities, including equipment by.the developer as
part of his obligation. Detailed plans of such areas, including
specifications of facilities to be installed, must be approved
by the City Council, and before any credit is given for private
recreation areas, the developer must furnish evidence that
that these private recreation areas will be permanently main-
tained for such use, by the execution of the appropriate legal
instruments. When an adjustment for private recreation areas
is warranted, it will be necessary to compute the total park
and recreation development requirement and then subtract the
credit to be given.
D. Criteria for Requiring a Contribution in Lieu
of Park and Recreation Sites: Where the development is small
and the resulting park and recreational site is too small to
be practical, or when the available land is otherwise inappro-
priate for a park and recreational site, the developer shall
pay the City a cash contribution in lieu of the land dedication
required. The cash contribution in lieu of park and recreation
land dedication shall be held in trust by the City, or other
public body designated by the City, solely for the acquisition
of park and recreation land as ~ereinbefore classified, which
will be available to serve the immediate or future needs of
the residents of that developmen~ or for the improvement of
-16-
other existing local park and recreation land which already
serves such needs. If any portion of a cash contribution in
lieu of park and recreation l~nd dedication is not expended
for the purposes set forth herein five years from the date of
receipt~it shall be refunded to the developer who made such
contribution.
1. Fair Market Value: The cash contributions
in lieu of land shall be based on the "fair market value" of
the ~and, that otherwise would have been dedicated, plus the
value of improvements that would be required under section
4-4(e) if such dedication occurred. The developer shall
submit an appraisal showing the "fair market value" of such
land and improvements in the area of his development, or
other evidence thereof; and final determination of said
"fair market value" shall be made by the City Council based
upon such information submitted by the developer and from
other sources~which may be submitted to the City Council.
2. Criteria for Combining Dedication and
Contribution: There will be situations in developments when
a land dedication and a contribution in lieu 0f land are both
necessary. These occasions will arise when:
(a). The land to be developed contains
only a portion of the proposed park and recreation site contem-
plated in the City's comprehensive ~a~-m~%~--~ plan.
That portion of the land within the development falling within
the park and recreation site shall be dedicated and a contri-
bution shall be required for any additional land that would
have been required to be dedicated in order to comply with the
popoulation ratio specified above.
(b). A major part of the proposed park
and recreation site has already been acquired and only a
small portion of land is needed from the development to com-
plete the site. A contribution shall be made in lieu of any
additional land that would otherwise have been required to be
dedicated to comply with the population ratio.
E. Miscellaneous Provisions.
1. Population: The developer shall submit an
estimate of population expected to reside in the development
when completed, Final determination of the expected population
shall be made by the City Council based upon such information
submitted to the City Council. The City Engineer shall
establish, for guidance of the City council and developers,
a table of estimated population densities based upon numbers
and types of residential structures.
2. Reservation of Additional Land: Where the
comprehensive plan or the standards of the City call for a
larger amount of park and recreational land in particular
development than the developer is ~equired to dedicate, the land
needed beyond the developer's contribution Shall be reserved
for subsequent purchase by the City or other public body desig-
nated by ~he City, provided that such aoquisition be made with-
in five years from the date of approval of the final plat.
3. Combining with Adjoining Developments: Where
the development is less than fifteen (15) acres, the park and
recreation site which is to be dedicated may, in the discretion
of the City Council, be combined with dedications from adjoining
developments in order to enhance the usefulness of the site with-
out hardship on the particular developer.
4. Topography and Grading: The slope, topography
and geology of the dedicated site as well as its surroundings
must be suitable for its intended purposes. Grading on sites
dedicated for park and recreational uses shall not differ greatly
from surrounding land, and shall comply with the.requirements
prescribed elsewhere in this ordinance.
5. Improved Sites: All sites shall be dedicated
in a condition ready for installation of utilities by the
City. Curb, gutter and pedestrian walks shall be installed
by the developer along any park and recreation site boundary
adjacent to a street within the development.
6. Applicability to Annexed Lands: The dedica-
tions of land or cash contributions in lieu thereof required
by this ordiance shall also be required as a condition to
the annexation of any land to the City and provisions there-
for shall be incorporated in any preannexation agreement
governing such land.
SECTION 3-4. Improvements. All improvements within or
related to any development shall conform to the Land Improve-
ment Standards Ordinance of the City of Chubbuck, as now in
effect and as it may hereafter be amended.
CHAPTER FOUR
ENFORCEMENT AND RELIEF FROM ORDINANCE REQUIREMENTS
SECTION 4-1: Enforcement.
A. Recording of Plats: No plat of any development
shall be recorded, nor shall such recording be valid, unless
the plat has received final approval from the City Council in
the manner prescribed by this ordinance. If an unapproved plat
is recorded, the City may institute proceedings to have the
-18-
plat stricken from the records maintained by the Bannock
County Recorder.
B. Sale of Land in Development: No owner, or
agent of the owner, or any land located within a development,
for which the platting requirement has not been waived, shall
transfer or sell any such land by reference to, in exhibition
of, or by ~se of any map, plan or plat of the development
before the final plat required by this ordinance has been
approved and recorded. .Any sale or transfer contrary to the
provisions of this section is voidable within one year at the
option of the buyer. The description of the land in question
by metes and bounds in the instrument(s) used in the process
of selling or transferring such land shall not exempt the
transaction from the provisions of this paragraph.
C. Location of Structures and Improvements: No
structures or improvements, except those to be dedicated to
the public as provided in this ordinance, shall be built,
installed or placed, upon any lands within a development until
(1) the final plat (if not waived) of the development has been
approved and recorded, and (2~ all required dedications have
been made by the developer and accepted by the City, or bond
furnished as provided in section 3-1(D) above.
D. Permits and Municipal Services: The City
will not issue permits to build, install, place, repair or
remove any structures or improvements upon lands within a
development, nor will the City maintain streets or furnish
water, sewer or sanitation services within the development,
until (1) th~ final plat (if not waived) of the development
has been approved and recorded, and (2) all required dedica-
tions have been made by the developer and accepted by the
City. Neither will the City issue such permits or furnish
such services to completed developments that do not conform
to the finally approved and recorded plat.
E. Civil Remedies: Upon failure of compliance
with any provision of this ordinance by a developer or by
the owner of land within a development, or by the agent of
either of them, 'the City may commence injunctive proceedings
against any or all of them in a court of competen~ juris-
diction, in order to obtain compliance with the ordinance
and to restrain further work from being done with respect to
lands in the development until compliance has been established.
In such proceedings, the City shall request and the court
may award the City it~ costs, according to court rule, together with
a reasonable attorney's fee, and such other or further relief
as the court may deem just.
-]9-
of
misdemeanor. Each day that such
may be deemed ~ separate offense.
shall not preclude the City from
F. Criminal Penalties: Violation of any provision
this ordinance shall be unlawful and punishable as a
violation occurs or continues
Prosecution for such offense
seeking a civil remedy, for
failure to comply with the ordinance, as provided above.
SECTION 4-2: Relief From Provisions of Ordinance.
A. Relief in General: Whenever the lands involved
in any development are of such size or configuration, are subject
to such title limitations of record, are affected by such topo-
graphical and location conditions, or will be subject to such
land use, that it would be impossible, or that it would create
a private hardship not required to protect the public interest,
to compel a developer to adhere strictly to certain provisions
of this ordinance, the City Council may grant relief from the
provisions in question.
B. Procedure for Obtaining Relief: The developer's
{equest for any relief as provided in this section shall consist
of a written statement, affirmed or given under oath, setting
forth in detail the relief sought and explaining fully the
reason(s), for making such request. This statement shall be
filed concurrently with the preliminary plat or with the
request for waiver of the platting requirement, provided in
Chapter 2 of this ordinance. The request for relief shall be
considered together with the preliminary plat or request for
waiver during the hearings conducted by the City's Land Use
and Development Commission and City Council. Public notice
of such hearings shall refer to the fact that a request for
relief has'been made by the developer. If relief is denied,
the preliminary plat (unless waived) and the actual develop-
ment of the. lands in question shall comply with all provisions
of this ordinance. If relief is granted, it shall be stated
with particularity in the minutes of the City Council's meeting
and shall be confirmed to the developer by the CitY Engineer
in writing. In granting relief, the City Council may impose
such conditiohs or additional requirements as the Council deems
necessary to secure substantially the objectives of this ordi-
nance and of the City's comprehensive plan. Such conditions
or additional requirements shall also be stated with particular-
ity in the minutes of the City Council's meeting and confirmed by
the City Engineer to the developer in writing. These conditions
or requirements are binding upon the developer and may be
enforced in the same manner as the provisions of this ordinance.
C. Limitation Upon Granting of Relief:
1. No relief shall be granted .from the pro-
visions of this ordinance if the granting of such relief
-20-
will result in any development inconsistent with the stated
purpose of this ordinance or with the objectives and intent
of the City's comprehensive plan.
2. No relief shall be granted upon the grounds
of "impossibility," as provided above, if compliance is
merely inconvenient, burdensome or difficult,
3. No relief shall be granted upon the grounds
of "private hardship," as provided above, unless (1) the hard-
hardship was not created or allowed to occur by the owner,
the developer or any of their agents; (2) the hardship was not
known or foreseeable at the time when the lands in question,
or an interest therein, were acquired; (3) the hardship is
serious, immediate and unavoidable; and (4) alleviating the
claimed hardship will not create a possible present or future
hardship for any other private party nor will it be contrary to
the public interest. In no event shall any relief be granted
from the provisions of this ordinance merely because compliance
with such provisions will diminish the financial return from
development, of the lands in question or because it will restrict
prospective sales or the availability of potential customers.
D. Planned Unit Developments: The criteria of
"impossibility" and "hardship" shall not apply to a request
for relief from the provisions of this ordinance if such
request is part of a proposal for establishing a bona fide
planned unit development. However, the requested relief shall
not be granted if it appears that the planned unit development
Will not be consistent with the stated purpose of this ordinance
or with the intent and objectives of the City's comprehensive
plan. The City Council, with the advice of the City Engineer,
shall determine whether a proposal constitutes a bona fide
planned unit development. Such a development must conform to
the definition of a."planned unit development" set forth in
this ordinance, and the proposal for any such development
must be accompanied by true and accurate copies of the actual
legal instruments by which the development will be controlled
and managed, ~ogether with such other information required by
this ordinance or as may reasonably be prescribed by the
City Engineer.
CHAPTER FIVE
MISCELLANEOUS PROVISIONS
SECTION 5-1: Severability. If any provision of this
ordinance is held invalid, for any reason, by any court of
-21-
competent jurisdiction, such holding shall not affect the
validity or enforceability of any of the remaining provisions.
SECTION 5-2: Repeal of Conflicting Prior Ordinances.
All prior ordinances and parts thereof, which cover the same
subject matter governed by this ordinance, and which contain
provisions in conflict with the provisions of this ordinance,
are hereby repealed to the extent of such conflict.
SECTION 5-3: Effective Date. The rule requiring ordinances
to be read on three (3) separate occasions is hereby dispensed
with, and this ordinance shall become effective upon its
passage, approval and publication as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR of the
City of Chubbuck, Idaho, this ~th day of June, 1979.
ATTEST:
City C
-22-
LAND DEVELOPMENT ORDINANCE #206
CITY OF CHUBBUCK, IDAHO
SUMMARY OF LAND DEVELOPMENT ORDINANCE
NOTICE IS HEREBY GIVEN that the Chubbuck City Council
has passed, and the Mayor has approved, Chubbuck City
Ordinance No. 206, which shall be known and cited as the
"Chubbuck Land Development Ordinance." The ordinance
becomes effective upon publication of this summary in the
Idaho State Journal, the official newspaper of the City.
The ordinance governs development consisting of
(a) subdivision of land into three or more smaller parcels
any one of which is less than five acres in size, or (b)
creation of any street to which the general public may
have access, o_Er (c) undertaking any project of construction,
installation or placement of a structure on land unless the
project is for agricultural purposes or for a single family
dwelling on a single parcel of land. The ordinance thus
controls development generally and is not limited to sub-
divisions.
The ordinance establishes the procedures and standards
for review and approval of plats, which are required for
all developments. It provides for three phases consisting
of planning conferences, preliminary plats and final plats.
It specifies materials to be submitted by developers, and
prescribes the duties of the City Council and Land Use and
Development Commission, during each phase. It provides for
fees incident to plat submission and review. It also allows
small scale developers not creating subdivisions to request
waiver of platting requirements.
The ordinance generally requires dedication to the
public of utilities, utility easements and streets, by
developers. It sets forth detailed alternate procedures'
for exceptional cases in which dedication is not required.
It provides for City acceptance of such dedications only
by special instrument executed by the City for that purpose
after inspections have been satisfactorily completed and
full sets of "as built" drawings have been furnished.
The ordinance provides that all dedicated structures
or improvements shall be warranted for one year. It allows
developers dedicating streets or easements to retain reserve
strips, in order to facilitate obtaining contribution from
other benefitted properties toward the costs of dedicated
improvements; and it specifies procedures for retention
of such reserve strips.
The ordinance provides that when a proposed development
will impose a demand upon the City for a type of facility,
equipment or municipal service specifically attributable
to that development, the developer shall be required to
provide the facility or equipment or to contract with the
City to provide funds for the service.
The ordinance requires developers of any developments
that include residential structures to dedicate to the
public park and recreation lands or to make a cash contri-
bution to a trust fund for acquisition or improvement of
park and recreation lands. The ordinance contains criteria
for determining the amount of land dedication or cash contri-
bution required from each development. It allows credit
in appropriate circumstances for open space already provided
in the development scheme. It specifies the improvements
that must be made on dedicated lands by the de~eloper or
that must be considered in determining the proper cash con-
tribution in lieu of dedication. It also provides for
combinations of park or recreation land dedications, and
reservation of additional lands for acquisition by the City.
The ordinance establishes standards and procedures
for obtaining relief from its provisions. It defines and
limits the circumstances in which such relief can be granted.
The ordinance contains mechanisms for enforcement of
its provisions. It prohibits recording of any plat not
finally approved and provides for striking any plat improperly
recorded. It prohibits transfer or sale of any land on which
platting is required until the final plat is approved and
recorded. It prohibits building or placing any structures
and improvements (except those to be dedicated) on lands
within a development until all required dedications have
been made and accepted or a completion bond has been furnished.
It provides that building permits will not be issued, nor
will municipal services be furnished, to any development
until a final plat, if required, has been approved and all
required dedications have been accepted.
The ordinance further provides for civil injunctive
relief against owners or developers upon failure of compliance
with the provisions of this ordinance, and authorizes
imposition of costs and legal fees against such owners
or developers. It also makes any violation a criminal
misdemeanor, punishable as provided by law. The Idaho
Code presently provides a maximum penalty of six months
in jail and/or $300 fine for each misdemeanor offense.
The full text of this ordinance is available from
the City Clerk at the Chubbuck City Offices, 5160 Yellowstone,
Chubbuck, Idaho 83201.
I hereby certify that the foregoing summmry is true
and complete, and that it provides adequate notice to the
public.
DATED this 29th day of August, 1979.
Donald L. Burnett, Jr.
City Attorney