HomeMy WebLinkAbout0097 Subdivision 1971 ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHUBBUCK, A MUNICIPAL CORPORATION
OF IDAHO, PROVIDING FOR THE ADOPTION OF A SUB-DIVISION ORDINANCE
FOR THE CITY OF CHUBBUCK; PROVIDING FOR THE DEFINITION OF TERMS
USED THEREIN AND THE PURPOSE AND INTENT OF SAID ORDINANCE ; PRO-
VIDING FOR THE REGULATIONS, REQUIREMENTS AND PROCEDURES FOR PLAN-
NING A SAID SUB-DIVISION! PROVIDING FOR THE DESIGN PRINCIPLES
AND STANDARDS OF SUB-DIVISIONS IN THE CITY OF CHUBBUCK~ PROVID-
ING FOR REGULATIONS AND REQUIREMENTS FOR STREET, UTILITIES AND
IMPROVEMENTS WITHIN THE SUB-DIVISIONS - PROVIDING FOR THE MODI-
FICATION OF STANDARDS OF REQUIREMENTS ADOPTED IN SAID SUB-DIVISION
ORDINANCE ° PROVIDING FOR THE PROHIBITION AGAINST CIRCUMVENTING
THE REGULATIONS AND REQUIREMEDTTS OF SAID SUB-DIVISION ORDINANCE ;
PROVIDING FOR THE PENALTY OF VIOLATION TO SAID SUB-DIVISION OR-
DINANCE ; PROVIDING FOR SEVERABILITY OF THE PROVISIONS OF SAID
SUB-DIVISION ORDINANCE AND PROVIDING FOR SAID SUB-DIVISION OR-
DINANCE TO TAKE EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICA-
TION ACCORDING TO LAW.
CHAPTER I
TITLE, PURPOSE, JURISDICTION AND DEFINITIONS
Section 1. Short Title. This ordinance shall be cited
as the Subdivision Ordinance of the City of Chubbuck.
Section 2 . Purpose. This purpose of this ordinance
is to protect the public health, safety and welfare of the City
and its res4dents by establishing regulations, administrative
procedures and a process of review for the subdivision of land
into two (2) or more lots . These regulations are established
to prevent overcrowding of land; to lessen congestion, of streets
and highways ; to provide adequate space, light and air; to
yrovide adequate facilities for water ; sewerage, parks and
recreation areas ; sites for schools and other public uses, to
provide for prover ingress and egress ; and to require the
conveyance of land by accurate legal description.
Section 3 . Jurisdiction. These regul&tions shall
apply to the subdividing of all land within the corporate limits
of the City and including property within one (1) mile of the
corporate limits as required :.tinder Section 50-1306 of the Idaho
Code and shall include the following:
1. The subdivision of land into two (2) or more
tracts, lots or parcels for transfer of ownership.
2 . The dedication of any street or alley through or
along any tract of land.
3 . The resubdivision of an original parcel of land into
two (2) or more r)arcels except as provided in the
exceptions listed below.
4. The development of condominium projects. In
condominium projects, as perffiitted by Idaho Code,
the city planning commission and c.iity council may
regulate and attach conditions to the design and
location of buildings, the creation, shape and size
of condominium units, the -provisions and maintenance
of open space , and off-street parking. Unless
excepted pursuant to the provisions of this ordinance
the planning commission and city council shall
require the installation of public improvements
and utilities for condominium projects as required
tinder the provisions of this ordinance.
For purposes of the administration of zoning and sub-
di division regulations the planning commission may consider
a condominium development as a single building , requir-
ing one (1) front yard, two (2) side yards, a rear yard,
and other regulations pertinent to a given lot, and may
grant such exceptions as are necessary to the zoning and
subdivision regulations to permit such development.
EXCEPTIONS
1. A readjustment of lot lines which does not reduce
the area, frontage, width, depth , or building
setback lines below the minimums required.
2 . A subdivision of land into parcels of five (5)
acres or more designated for agricultural purposes,
and which does not involve any new street dedicaticn .
3 . One division of any original parcel into not more
than two (2) parcels each, provided that each parcel
resulting from such subdivision shall front upon a
public street.
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4. An allocation of land in the settlement of an es-
state or a court decree for the distribution of
property thereunder.
5 . The unwilling sale of land as a result of legal
condemnation as defined and allowed in the Idaho
Code.
Section 4. Definitions. For the purposes of this
ordinance certain words, terms and phrases are defined as follows :
Block - A piece or parcel of land or group of lots
entirely surrounded by public streets, streams , rail-
roads, or parks, or a combination thereof.
City Comprehensive Plan - A Comprehensive Plan, or parts
thereof, providing for the future growth and improvement
of the City and for the general location and coordination
of streets and highways, schools and recreation areas,
public buildings sites, and other physical development,
which shall have been duly adopted by the City Council
(sometimes referred to as "regional plan") .
City Major Street and Highway Plan - A part of the City
Comprehensive Plan which provides for the development
of a system of major streets and highways which may
include the location and alignment of existing and pro-
posed thoroughfares .
Planning-Zoning Commission - The City Planning-Zoning
Commission. Hereinafter referred to as Commission.
Conditional Approval - ' An affirmative action by the
commission indicating that approval will be forth-
coming upon satisfaction of certain specified stipulations .
Council - The City Council of the City.
City Engineer - The City Engineer of the City.
Development Master Plan (DMP) - A preliminary master
plan for the development of a large, unusual or com-
plicated land area, the platting of which is expected
in progressive stages . A DMP may be designed by the
Subdivider, Planner, or Engineer and shall be subject
to approval of the Commission.
Easement - A grant by the owner of the use of a parcel
of land by the public, corporation, or persons for
specified use and purposes and so designated on a plat.
Engineering Plans - Plans, profiles, cross-sections,
and other required details for the construction of
public improvements, prepared by a registered engineer
in accordance with the approved preliminary plat and
in compliance with existing standards of design and
construction approved by the Council.
Land Exception - Any parcel of land which is within the
boundaries of the subdivision which is not owned by the
subdivider.
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Final Approval - Unconditional approval of the final
plat by the Council, as evidenced by certification on
the plat by the Mayor of the City constitutes authoriza-
tion to record a plat.
Hillside Subdivision - Any subdivision or that portion
of a subdivision located in terrain having a slope
exceeding ten percent (10%) .
Irrigation Facilities - Includes canals, laterals,
ditches , conduits , gates, pumps , and allied equipment
necessary for the supply, delivery, and drainage of
irrigation water.
Lots - A piece or parcel of land separated from other
pieces or parcels by description, as in a subdivision
or on a record survey map, or by metes and bounds , for
purposes of sale, lease, or separate use.
Corner lot - A lot abutting on two (2) or more
intersection streets where the interior angle or
intersection does not exceed one hundred thirty-
five degrees (1350) . A corner lot shall be con-
sidered to be in that block in which the lot fronts .
Interior Lot - A lot having but one (1) side
abutting on a street.
Key Lot - An interior lot, one (1) side of which
is contiguous to the rear line of a corner lot.
Through Lot - A lot abutting two (2) parallell or
approximately parallel streets.
Lot Width - The width of a lot shall be:
a. If the side property lines are parallel, the
shortest distance between these side lines.
b. If the side property lines are not parallel,
the width of the lot shall be the length of
a line at right angles to the axis of the lot
a distance equal to the front setback required
for the district in which the lot is located.
The axis of a lot shall be a line joining the
midpoints of the front and rear property lines .
Mobile Homes - A single-family dwelling designed for
transportation, after fabrication, on streets and
highways on its own wheeler or on flat bed or other
trailers, and arrival at the site where it is to be
occupied as a dwelling .
Mobile Home Subdivision - A subdivision designed and
intended for residential use where residence is in
mobile homes exclusively.
Neighborhood Plan - A plan to guide the platting of
remaining vacant parcels in a partially built up neigh-
borhood so as to make reasonable use of all land,
correlated street patterns , and achieve the best
possible land use relationships.
Owner - The person or persons holding title by deed to
land, or holding title as vendees under land. contract,
or holding any other title of record.
Pedestrian Way - A public walk dedicated entirely
through a block from street to street and/or provid-
ing access to a school, park, recreation area , or shop-
ping center.
Planned Unit Development - A use or com'Pination of uses
planned for a tract of land to be developed as a unit.
Page 4
Plat - A map of a subdivision.
a. Preliminary Plat - A preliminary map, includ-
ing supporting data , indicating a proposed
subdivision development, prepared in accordance
with this ordinance and the Idaho Code.
b. Final Plat - A map of all or part of a sub-
division providing substantial conformance to
an approved preliminary plat, prepared by a
registered professional engineer of a registered
land surveyor in accordance with this ordinance
and the Idaho Code.
C. Recorded Plat - A final plat bearing all of the
certificates of approval required in this or-
dinance and duly recorded in the County Recorder' s
Office.
Public Improvement Standards - A set of regulations
setting forth the details, specifications, and instruc-
tions to be followed in the planning , design, and con-
struction of certain public improvements in the City
formulated by the City Engineer , the County Health
Department, and other City Departments.
Street - Any street, avenue, boulevard, road, lane,
parkway, place, viaduct, easement for access, or other
way which is an existing state, county, or municipal
roadway ; or a street or way shown in a plat hereto-
fore approved pursuant to law or approved by official
action; or a street or way in a plat duly filed and
recorded in the County Recorder ' s Office. A street
includes the land between the right-of-way lines whether
improved or unimproved and may comprise pavement, shoulder,
curbs, gutters, sidewalks, parking areas, and lawns .
A. Arterial Route - A general term including ex-
presswa._Vsand major arterial streets; and inter-
state, state, or county highways having regional
continuity.
b. Collector Street - Provides for traffic movement
within neighborhoods or the City and between
major streets and local streets and for direct
access to abutting property.
C . Local Street - Provides for direct access to
residential, commercial, industrial, or other
abutting land and for local traffice movements
and connects to colletor and/or major streets.
1. Marginal access street - A minor street
parallel and adjacent to an arterial route
which provides access to abutting property and
intercepts local streets and controls access to
an arterial route.
2. Cul-de-sac street - A short local street
having one end permanently terminated in vehicular
turnaround.
d. Alley - a public service way used to provide
secondary vehi(mla.r access to properties other-
wise abutting upon a street.
Page 5
Subdivider - A subdivider shall be deemed to be the
individual, firm, corporation, partnership, association,
syndication, trust, or other legal entity that titles
the application and initiates proceedings for the sub-
ditision of land in accordance with the provisions of
this ordinance; and said subdivider need not be the
owner of the property as defined by this ordinance.
Subdivision Committee - A committee of the Commission
established to review preliminary subdivision plats.
Usable Lot Area - That portion of a lot usable for or
adaptable to the normal uses ;jade of residential pro-
perty, excluding any areas which may be covered by water,
excessively steep, or included in certain types of
easements.
Utilities - Installations or facilities, underground or
overhead, furnishing for the use of the public electricity,
gas, steam, communications, water drainage , sewage dis-
posal, or flood control, owned and operated by any person,
firm, corporation, municipal department, or board duly
authorized by state or municipal regulations. Utility
or utilities as used herein may also refer to such persons ,
firms, cor-)orations , departments , or boards , as appli-
cable herein.
a. Utility Committee - An individual or group of indi-
viduals designated by the several utilities as their
representative (s) in subdivision matters .
CHAPTER 2
PROCEDURE
Section 1. Preapplication. Prior to the filing of an
application for approval of a preliminary plat the subdivider
shall submit to the City the plans and data as required herein-
after for a preliminary plat; provided, however, that such
plans may be generalized in content and that such submission shall
not require the official filing of a subdivision application
and fee.
Section 2 . Preapplication Review. The City shall re-
view said plans and data as submitted and within to n (10) days
advise the subdivider in writing as to the general conformance
or non-conformance of the plans with this ordinance.
Section 3 . Preliminary Plat.
Application. - Upon completion of the preapplication,
the subdivider shall file with the City copies of the
completed subdivision application form and eight (8)
copies of the preliminary plat with data as required in
this section.
a. Form of Presentation - The information herein re-
quired as part of the Preliminary Plat submittal
shall be shown graphically or by note on plans, or
by letter, and may comprise several sheets showing
various elements of required data. All mapped date
for the same plat shall be drawn at the same standard
engineering scale, said scale having not more than
Page 6
one hundred (100) feet to an inch, Whenever prac-
tical, scales shall be adjusted to produce an over-
all drawing measuring 22" x 36" , and not exceeding
42" x 60" .
b. Identification and Descriptive Data -
1. Proposed name of subdivision and its location
by dimension, section, township, and range ;
reference by dimension and bearing to a section
corner or quarter-section corner.
2. Name, address, and phone number of subdivider.
3 . Name, address, and phone number of engineer ,
surveyor , landscape architect, or land planner
preparing the plat.
4. Scale, north point, and date or preparation
including dates of any subsequent revisions.
5. Vicinity map clearly showing proposed division
in relationship to adjacent subdivisions, main
arterial routes, collector streets, etc.
C. Existing Conditions Data -
1. Topography by contours related to USGS survey ,
datum, or other datum approved by the City
Engineer, shown on the same map as the proposed
subdivision layout. Contour interval shall be
such as to adequately reflect the character and
drainage of the land.
2 . Location of water wells, streams, canals, irriga-
tion laterals, private ditches, washes, lakes,
or other water features ; directional flow; loca-
tion and extent of areas subject to inundation
whether such inumdation be frequent, periodic or
occasional.
3 . Location, widths, and names of all platted
streetp, railroads , utilities rights-of-way of
public record, public areas, permanent structures
to remain including water wells , and municipal
corporation lines within or adjacent to the tract.
4. Name, book, and page numbers of any recorded
adjacent subdivision having common boundary
with the tract.
fir. By note, the existing zoning classification of
the tract.
6 . By note, the accreage of the tract.
7 . Boundaries of the tract to be subdivided shall-
be fully dimensioned.
d. Proposed Conditions Data-
1. Street layout, including location, width and
proposed names of public streets, alleys , cross-
walks, and easements ; connections to adjoining
platted tract.
Page 7
2 . Typical lot dimensions (scaled) ; dimensions of
of all corner lots and lots of curvilinear
sections of streets ; each lot numbered indivi-
dually; total number of lots .
3 . Location, width, and use of easements .
4. Designation of all land to be dedicated or re-
served for public use with use indicated.
5. If plat includes land for which multi-family,
commercial, or industrial use is proposed,
such areas shall be clearly designated together
with existing zoning classification and status
of zoning change, if any.
3 . Proposed Utility Methods -
1. Sewage Disposal: It shall be the responsibility
of the subdivider to furnish the County Health
Department such evidence as that Department may
require to its satisfaction asto design and
operation of sanitary sewage facilities proposed.
A statement as to the type of facilities proposed
shall appear on the preliminary plat.
2 . Water Supply: Evidence of adequate volume and
quality satisfactory to the County Health De-
partment and substantiated by letter from that
department.
3 . Storm Water Disposal: Preliminary calculations
and layout of proposed system and locations of
outlets, subject to approval of the City Engineer.
Reviewing fee - The subdivider shall, at the time of
submitting a preliminary plat, pay to the City Clerk a
reviewing fee according to the following schedule:
No. of Lots in Plat Fee
Less than 50 $25 . 00
50 to 100 $35 . 00
100 to 200 $50.00
200 to 400 $75 . 00
400 or more $100. 00
The reviewing fee paid shall also cover submittal of
an amended or revised preliminary plat processed as the
same case. If preliminary approval expires prior to
application for final approval, the plat shall be re-
submitted for preliminary approval as a new case and the
subdivider shall pay the required fee.
Certification - Upon receipt of the preliminary plat,
andall required data as provided herein, the payment of
the appropriate reviewing fee, the City shall certify
the application as complete and shall affix the date
of application acceptance thereon . Thereafter, the said
preliminary plat shall be placed on the Commission agenda
for consideration at the next regular meeting of the
Commission, which shall be held not less than 15 days
after the said date of certification.
Page 8
Agency Review - The City shall transmit one (1) copy
of the application to the City departments and such other
agencies that have jurisdiction or an interest in the
proposed sybdivision for their review and recommendations.
If no written reply is received from any of the various
departments or interested agencies within ten (10) days
from the date of notification, approval of the preliminary
plat by such department or agency will be considered to
be granted.
Some of the departments and agencies which shall receive
copies of the preliminary plat may be as follows :
a. Subdivision Committed.
b. City Parks and Recreation Department.
C . County Health Department.
d. Superintendent of Schools.
e. State Highway Department if the subdivision
abuts a State Highway.
f. Utilities companies
g. Other departments or agencies as determined
by the City.
h. Staff review - the City staff.
Commission Action - The Commission shall approve con-
ditionally, or disapprove the preliminary plat within
thirty (30) days after the date of the regular meeting
at which the plat is first considered. If the preliminary
plat is disapproved or approved conditionally, the reasons
for such action shall be stated in writing, a copy of
which, signed by the chairman of the Commission, shall
be attached to one (1) copy of the plat and returned
to the subdivider .
If no action is taken by the Commission within thirty
(30) days, the plat shall be deemed to have been approved
unless additional time is agreed to by the subdivider.
Upon approval or disproval by the Commission, the plat,
together with a complete copy of the Commissions find-
ings and report of action, shall be transmitted to the
City Council.
City Council Action - The City Council shall act upon
the report of the Commission within ten (10) days, or
at its next regular meeting following receipt of the
report. At the hearing of the City Council, the Council
shall hear testimony of representatives of the Commission,
and any witnesses in its behalf including interested
citizens affected by the proposed subdivision.
Upon conclusion of the hearing , the City Council
shall base its findings upon the testimony presented
before it and, within seven (7) days declare its find-
ings. It may sustain, modify, or reject the recommenda-
tions of the Commission, and make such findings as are
not inconsistant with the provisions of this ordinance
and the Idaho Code.
Page 9
The time limits for acting on the preliminary plat as
herein specified may be extended by mutual consent of
the subdivider and the Planning Commissinn and/or the
City Council. If no action is taken within the time
limits, the preliminary plat as filed shall be deemed
approved.
Subdivisions shall be designed to meet the specific
requirements for zoning district within which it is
located. However, in the event that amendment or var-
iance of zoning is necessary, said action shall be
initiated by the property owner or his authorized agent.
The Commission shall not proceed with the processing of
the preliminary plat until determination has been made
regarding any proposed zoning change. In any event,
any such change required in relation to the preliminary
plat shall have been adopted prior to preliminary plat
approval.
Significance of Preliminary Approval - Preliminary
approval constitutes authorization for the sub-divider
to proceed with preparation of the final plat and
engineering plans and specifications for public improve-
ments. Preliminary approval is based upon the following
terms:
a. The basic conditions under which preliminary
approval of the preliminary plat is granted will
not be changed prior to its expiration date;
b. Approval is valid for a period of twelve (12)
months from the date of Council approval ;
C. Preliminary approval, in itself, does not assure
final acceptance of the streets or public areas for
dedication or continuation of existing zoning re-
quirements for the tract or its environs .
Section 4. Final Plat.
After approval or conditional approval of the preliminary
plat, the subdivider shall cause the subdivision, or
part thereof, to be surveyed and a final plat prepared
in accordance with the preliminary plat as approved.
Method and Medium of Presentation -
1 . The record plat shall be drawn in India ink on
linen plastic, or other non-shrinking material on a
sheet of 18" x 24" proportions with tracing accord-
ing to Idaho Law.
2 . Copies of the record plat shall be reporduced in the
form of blueline or blackline prints on a white
background.
3 . The plat shall be drawn to an accurate scale
ha-ging not more than one hundred (100) feet to an
inch unless otherwise approved as to scale.
Identification Data Required --
1. A title which includes the name of the subdivision
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
land surveyor preparing the plat.
3. Scale, north arrow, and date of plat preparation.
Pagr
Survey Data Required -
1. Boundaries of the tract to be subdivided fully
balanced and closed, showing all bearings and dis-
tances, determined by an accurage survey in the
field. All dimension shall be ex?reseed in feet
and decimals thereof.
2 . Any excepted parcel (s) within the plat ba.undaries
shall show all bearings and distances, determined
by an accurage survey in the field. All dimensions
shall be expressed in feet and decimals thereof.
3 . Location and description of cardinal points to which
all dimensions, angles, bearings, and similar data
on the plat shall be referenced; each of two (2)
corners of the subdivision traverse shall be tied by
course and distance to separate section corners or
quarter-section corners.
4 . Location of all physical encroachments upon the
boundaries of the tract.
Descriptive Data Required -
1. Name, right-of-way lines, courses, lengths, widths
of all public streets, alleys, corsswalks, and
utility easements, radii , points of tangency, and
central angles of all curvilinear streets and alleys,
radii of all rounded street line interesections.
2 . All drainageways shall be shown on the plat. The
right-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. Construction within the easement shall
be limited to utilities ; and wood, wire, or removable
section type fencing.
4. Location and all dimensions of all residential lots.
5 . All residential lots shall be numbered by consecutive
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, and
central angles, of all sites to be dedicated to the
public, will be clearly indicated and intended use
specified.
7 . Location of all adjoining subdivisions with date,
book, and page number of recordation noted, or if
unrecorded, so marked.
8. Any proposed private deed restrictions to be imposed
upon the plat or any part or parts thereof pertaining
to the intended use of the land shall be typewritten
and attached to the plat and to each copy submitted.
Dedication and Acknowledgement -
1. Dedication - Statement of dedication of all streets,
alleys, crosswalks, drainageways , pedestrian ways,
and other easements for public use by the person
holding title or record., by persons holding title
as vendees under land contract, and by wives of said
parties. If lands dedicated are mortgaged, the mort-
gagee shall also sign the plat.
Page 11
Dedication shall include a written location by
section, township, and range, orthe 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.
2 . Acknowledgement of Dedication - Execution of ded-
ication acknowledged and certified by a.notary public.
Required Certifications -
1. Certification by the registered professional engineer
or registered land surveyor making the plat that the
p-t 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.
3 . Certificate of plat approval by the City Council.
4. Certificate of recordation by the County Recorder.
The final plat, prepared in accordance with Title 50,
Chapter 13 , of the Idaho Code and the provisions set
forth herein, shall be filed with the City Council.
In the event the final plat does not donform to the
approved preliminary plat, the City Council shall so
inform the subdivider to proceed to assign the final
plat to the Commission agenda for its action as to a
preliminary plat.
Final plat submission shall include all prints thereof
as required, two (2) sets of prints of the plans and
specifications for all proposed improvements as required
by this ordinance, and a current title report or other
evidence acceptable to the City showing proof of owner-
ship of the tract of land being platted.
The final plat, when submitted to the City shall bear
all required certificates and acknowledgements, and the
signatures of the engineer, w hers, notary public and
county engineer.
Time Limitations - Failure to file and obtain certifi-
cation of the acceptance of the final plat application
by the City within one (1) year after action by the
City Council, shall cause approval of a preliminary plat
to be null and void, unless an extension of time is
applied for and granted by the City.
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 twelve (12)
months may be considered for final plat approval. In
The event a longer period elapses , the subdivision must
be reviewed by the Commission.
The final plat shall be filed .'with the County Recorder
within one (1) year after approval of the City Council,
otherwise such approval shall become null and void unless
an extension time is applied for and granted by the City,
Page 12
Certification - Upon receipt of the final plat, and all
other data as required herein, the City shall certify
the application as complete and shall affix the date of
acceptance thereon. The City shall thereafter place said
final plat on the City Council agenda for consideration
at the regular meeting held not less than fifteen (15)
days after said date of certification.
Agency Review - The City shall transmit one copy of the
final plat for review to each of the same departments
and agencies, or others as he may deem necessary to
ensure compliance with the approval of the preliminary
plat.
If no written replies are received from any of the
various departments or interested agencies within ten
(10) days from the date of notification, approval of
the final plat by such department or agency will be
considered granted.
City Council Action - The City Council at its next
meeting following receipt of the final plat shall
consider said plat and any changes from the preliminary
plat approved by the Commission. If said plat conforms
to the requirements of this ordinance and the Idaho Code,
the City Council shall approve said plat.
At the time of approval and recording of the final plat,
the City Council shall accept the dedications shown thereon
and shall, as a condition precedent to the acceptance
of any streets, require the subdivider either to improve
or agree to improve the streets by furnishing a surety
agreement, in accordance with standards approved for the
preliminary pkat.
CHAPTER 3
DESIGN STANDARDS
Section 1. General.
Subdivisions shall conform to the standards of
the City Comprehensive Plan, the Zoning ordinance and other or-
dinances and regulations of the City.
Land which the Commission has determined to be unsuitable
for subdivision because of periodic flooding, poor drainage, ex-
cessively steep slopes, or other features likely to be harmful
to the safety and general health and welfare of the future residents ,
shall not be subdivided unless adequate methods are utilized to
overcome these conditions.
Section 2 . Streets.
The arrangements , character, extent, width, grade, and
location of all streets shall cniform to the City Comprehensive
Plan and shall be constructed in relation to existing and planned
streets , to topographical conditions, to public convenience and
safety , and in their relation to the proposed uses of the land
to be served by such streets.
Local or minor residential streets shall be so designed
as to discourage their use by through traffic.
Page 13
Rexerve strips controlling access to public streets may be
permitted; provided, however, that the control and disposition
of land comprising such strips is placed within the jurisdiction
of the City.
Where a subdivision abuts or coniains an existing or
proposed arterial street, railroad, or limited access highway,
the City; may require frontage streets, reverse frontage streets ,
or such other treatment for the appropriate use of the tract.
Half street dedications shall be discouraged; provided
however, the City may accept a partial street dedication when
such street forms the boundary of the proposed subdivision and is
deemed to be necessary for the orderly development of the neighbor-
hood, and provided the City finds it will be appropriate to re-
quire the dedication of the remainder of the right-of-way when
the adjoining property is developed. When a partial street
exists adjoining a proposed subdivision, the remainder of the
right-Of-way shall be dedicated.
There shall be provided rights-of-way of such width
and as provided for in the City Comprehensive Plan; provided
however, that the width of said rights-of-way shall in no case
be less than the following :
Half street dedications shall be discouraged; pro-
vided however, the City may accept a partial street
dedication when such street forms the boundary of the
proposed subdivision and is deemed to be necessary for
the orderly development of the neighborhood, and pro-
vided the City finds it will be appropriate to require
the dedication of the remainder of the right-of-way
when the adjoining property is developed. When a par-
tial street exists adjoining a proposed subdivision, the
remainder of the right-of-way shall be dedicated.
There shall be provided rights-of-way of such width
and as provided for in the City Comprehensive Plan; provided,
however, that the width of said rights-of-way shall in no case
be less than the following:
MINIMUM
Type of Street Right-of-Way Width
Arterial 80,
Collector 60'
Local 50'
Cul-de-sac streets shall terminate in a circular turn-around with
a right-of-way radius of at least forty-five (45) feet. The
City may approve an equally convenient form of turning space
where extreme conditions justify. The maximun length shall be
four hundred (400) feet from the entrance to the center of a
turn-around.
Dead-end streets will not be approved except in locations
designated by the City as necessary to future extensions in
development of adjacent lands. In any case, a dead-end street
serving more than four (4) lots, shall provide by easement a
temporary turning circle with a forty (40) foot radius or other
acceptable design to accomplish adequate access .
Loop streets shall be limited to a maximum length of twelve
hundred (1200) feet.
Page 14
Streets shall be planned to intersect as nearly as possible at
right angles, but in no event at less than seventy (70) degrees.
Streets intersectio an arterial shall do so at a ninety degree
(90°) angle.
Where any street deflects at an angle of ten (10) degrees or
more, a connection curve shall be required having a minimum
center line radius of three hundred (300) feet for arterial and
collector streets and one hundred twenty-five (125) feet for
local streets .
Streets with center line offsets of less than one hundred
twenty-five (125) feet shall be avoided.
A tangent at least one hundred (100) feet long shall be provided
between reverse curves on arterial and collector streets.
At street intersections, property line corners shall be rounded
by a circular arc, said arc having a minimum tangent length of
twenty (20) feet.
Street intersections with more than four (4) legs and Y-type
intersections where legs meet at acute angles shall be avoided.
Maximum and minimum grades for all streets shall be as determined
by theCity Engineer.
Alleys - twenty (20) feet, when single family residence units
abut both sides: twenty-four (24) feet if abutting multiple
family, commercial, or industrial districts. Dead-end alleys
shall be avoided.
Section 3 . Block Requirements.
Block lengths shall not exceed fifteen hundred (1500) feet nor
shall they be less than four hundred (400) feet; except when the
average lot size is one-half (2) acre or more, in which case the
maximum block length may be exceeded.
Block design shall provide for two (2) tiers of lots except under
special conditions where this is not feasible or practical.
Pedestrian ways with right-of-way widths of eight (8) feet or
greater may be required where essential for circulation, or
access to schools, playgrounds, shopping centers , transportaion
and other community facilities .
Section 4. Lot Requirements .
The lot size, width, depth , shape, and orientation and minimum
setback lines shall comply with the maximum requirements of the
zoning ordinance.
The minimum lot depth shall not be less than nne hundred
(100) feet and the depth-to-width ratio of the usable area of the
lot not greater than three (3) to one (1) .
Side lot lines shall be substantially at right angles or
radial to street lines, except where other treatment may be
jukitified.
Every lot shall have access to a public street, except
in estate developments where lots may abut upon a private street
furnishing satisfactory access to public streets .
Double frontage lots shall be avoided wherever possible.
Page 15
CHAPTER 4
STREET AND UTILITY IMPROVEMENT REQUIREMENTS
Section 1. General.
All improvements of streets , alleys, or easements which are
required as a condition to plat approval shall be the responsibi-
lity of the subdivider; provided however , that he may be allowed
to meet the requirements by participation in an improvement
district approved by the City.
Plans for the improvements herein required shall be prepared by
an engineer registered in the State of Idaho.
Prior to the time of recording of the final plat the
subdivider shall file with the City Engineer construction draw-
ings for all improvements required in the portion of the sub-
division contained in the final plat.
At the time of recording the final plat, the subdivider shall
have previously constructed all required improvements and secured
a certificate of completion from the engineer, or filed with the
City Clerk a surety bond, or other acceptable guarantee , to ensure
the actual construction of such improvements as submitted and
approved. The improvements shall be constructed within one (1)
year from the date of approval of the final plat ; provided however ,
the City Council may extend the period one (1) year upon the
showing of just cause by the subdivider. Such surety bond or
other guarantee shall be in the amount of one hundred ten per-
cent (110%) of the estimated cost of the improvements as deter-
mined by the City Engineer.
Prior to acceptance by the City of any improvements installed
by the subdivider, two (2) sets of prints of the "as built"
plans and specifications shall be certified by the subdivider' s
engineer and filed with the City Engineer.
Within ten (10) days after completion of improvements and sub-
mission of "as built" plans, the City Engineer shall certify the
compbtion and acceptance of the construction and shall transmit
a copy of said certification to the subdivider . If a surety
agreement has been executed by the subdivider, the same shall be
forwarded to the City Clerk. The City Clerk shall thereafter
release said surety or guarantee upon application by the subdivider.
New electric , communication and television lines shall be installed
underground in accordance with the standards of current edition
of National Electric Safety Code. When facilities are installed
in public right-of-way, the location shall be approved by the
City Engineer . When overhead utility lines exist within the
property being platted, said existing overhead utility lines and
any additions or replacements needed to increase the capacity
or improve service reliability may remain overhead, provided, how-
ever, that any service drops into the platted area from said
peripheral overhead lines shall be underground, When overhead
utility lines exist on the periphery of the property of five (5)
acres or less being platted then the utility lines within the
platted area may be overhead. When, as a result of the subdivision
development, it is necessary to relocate, renew or expand existing
facilities within the platted area, the subdivider shall make
the necessary arrangements with the serving utility for these
installations to be placed underground. The subdivider shall
arrange with the serving utility for, and be responsible for, the
cost of underground service lines to approved street light loca-
tions, as required. Those electric lines of greater than
3 , 000 KVA (kilovolt Amperes) capacity is rated by the American
Standards Association are excluded from the requirements of
this section.
PAGE 16
All underground utilities to be installedin streets shall
be constructed prior to the surfacing of such street. Service
stubs to platted lots within the subdivision for underground
utilities shall be placed to such length as not to necessitate
the disturbance of street improvements when service connections
are made. If connected to a City owned system, application and
fee shall be the responsibility of the developer in accordance
with City requirements.
Section 2 . Required Improvements .
Verticle curbs and gutters and asphalt plant-mix pavement
shall be required on all streets in a proposed subdivision or
dedication; except the City Council may waive the requirements
for curb and gutter for minor streets in a subdivision:composed
of one (1) acre lots or larger .
Concrete walks shall be provided. Where installation of sidewalks
is not considered necessary by the City, the requirement may be
waived.
Proper and adequate provision shall be made for disposal of
storm waters. The type, extent, location, and capacity of
drainage facilities shall be determined for the individual
subdivision by the City Engineer .
Central sanitary sewer systems shall be installed in all sub-
divisions where they are within the service area of an existing
public system and can be reached by a reasonable extension of said
public system. Construction plans and specifications for central
sanitary sewer extension shall be approved by the agency control-
ling the system and the State health Department.
In a subdivision where central water is proposed but a central
sanitary sewer system is not available, such subdivision may
make alternate provisions for sewage disposal in accordance with
the requirements of the State Health Department and the City
Council.
Monuments shall be installed in accordance with current city
standards at all corners , angle points, and points of curve and
all street intersections .
In proposed subdivisions of fifty or more lots the Council may
additionally require a dedication to the public of an open area
or areas for public parks and playgrounds of approximately one-
tenth (1/10) the area platted. Such public open areas shall
be graded with due considerationfor drainage. Landscaping and
other improvements following final approval of the plat shall be
the responsibility of the City .
All improvements required by this ordinance shall be in accor-
dance with City of Chubbuck Standard Specifications for Street
Sanitation Sewer & Domestic Water Improvemenents for or De e^
velopement
of Subdivisions.
CHAPTER 5
MODIFICATION AND WAIVERS
Where the City Council finds that extraordinary hardships may
result from the strict compliance with these regulations, it
may waive the regulations so that substantial justice may be done
Page 17
and the public interest secured provided that such waiver will
not have the effect of nullifying the intent and purpose of the
City Comprehensive Ilan or these regulations.
The fact that an owner could realize a greater financial return
by a use of his property that is contrary to these regulations
is not a sufficient reason for change. Hardship cannot be proven
where it can be shown that property was purchased with the
knowledge of existing restrictions , nor can hardship be claimed
in terms of prospective sales or potential customers .
The standards and requirements of these regulations may be
modified by the City Council after recommendation by the Planning
Commission in the case of a plan and program for a complete
community or neighborhood unit, which in the judgment of the
City Council provides adequate public spaced and improvements
for the circulation, recreation, light, air, and service needs
of the tract when fully developed and populated.
In granting a modification and waiver , the City Council may
require such conditions as will secure substantially the objec-
tives of the standards or requirements so waived or modified.
CHAPTER 6
PENALTIES
Section 1. Penalties.
Any person , firm, or corporation using an unapproved and
unrecorded plat in the sale of subdivided land or violating any
of the terms or provisions of these subdivision regulations shall
be guilty of a misdemeanor and, upon conviction, shall be punished
by a fine of not more than three hundred dollars ($300. 00) or
imprisonment for not more than ninety (90) days or both such fine
and imprisonment. Each day that a violation is permitted to
exist may constitute a separate offense.
CHAPTER 7
VALIDITY OF THE ORDINANCE
Section 1. Severability,
If any provision of this ordinance be held invalid,
such invalidity shall not affect other provisions which can be
given effect without the invalid provisions, and to this end
the provision of this ordinance is declared to be severable.
Passed by the Council cf the City of Chubbuck this = day of
-c-[ 1971.
Approved by the Mayor this day of ., 1971.
77,
� =� yor
41
ATTEST:
City Clerk
ll
Approved as to form:
City Attorney
Page 18