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0097 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. Page 2 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. Page 3 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