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0206 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