Chapter 18.145
SUBDIVISION
Sections:
18.145.040 Combining preliminary and final plats.
18.145.060 Improvements required.
18.145.070 Development standards.
18.145.080 Construction and guaranty of construction.
18.145.090 Lot line adjustments and lot splits.
18.145.120 Exceptions may be made to avoid hardship.
18.145.140 Other provisions, restrictions and requirements.
18.145.010 Purpose and scope.
The purpose of this chapter is to provide regulations, development standards, required improvements, and procedures for the subdivision of property, including platting, replatting, and recordation of subdivision plats within the city of Donnelly. All plats and subdivisions of property within the impact area shall be governed by the rules and regulations pursuant to the Valley County land use and development ordinance and applications for those subdivisions shall be filed with the Valley County planning and zoning administrator. The city will receive copies of such applications and will have the opportunity to make written comments to the Valley County planning and zoning commission for their consideration in making a decision. [Ord. 230, 2016.]
18.145.020 Exceptions.
The regulations in this chapter shall apply to all divisions of property in the city of Donnelly except:
A. One division of any original tract of land into two parcels per the definition of “lot split.”
B. Lot line adjustments. [Ord. 230, 2016.]
18.145.030 Procedure.
A. No plat in the city shall be recorded or offered for record until the final plat has been approved by the council and shall bear thereon the approval, by endorsement, of the mayor, the chair of the Donnelly planning and zoning commission, the city engineer, and the city clerk, the appropriate sewer and water districts, and the chief of the Donnelly Rural Fire Protection District.
B. If the property to be subdivided is located in both the city and the impact area, the property shall first be annexed into the city limits.
C. Preliminary Plat – Contents.
1. An application for a preliminary plat within the Donnelly city limits shall be filed with the city clerk by at least one holder of any interest in the real property for which such subdivision is proposed. Such application shall be filed at least 45 days in advance of a regularly scheduled commission meeting.
2. An application for a preliminary plat within the city shall include at least the following information:
a. Name, address, and phone number of the developer.
b. Proof of legal interest in the subject property.
c. Legal description of the subject property, including street address.
d. Zoning district of subject property.
e. Name of the proposed subdivision.
f. A proposed plat, prepared by a professional engineer or surveyor licensed in the state of Idaho. The plat shall contain a minimum of the following information:
i. The plat will be in accurate scale, not less than one inch equals 100 feet.
ii. North point, scale, and date.
iii. The name, address, and phone number of the engineer or surveyor.
iv. Location, widths and other dimensions of all existing and/or proposed platted streets, alleys, easements, parks and open space.
v. All proposed lots, including common lots, with dimensions and size of each lot in square feet and in acres.
vi. All natural features including floodplain or floodway areas, watercourses, and vegetation (the natural features may be on a separate sheet).
vii. The proposed names of all the streets whether new or existing. The new street names must not be the same or similar to any other street names used in Valley County.
viii. The proposed lot and block numbers.
ix. All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated, and planned improvements to that parcel or parcels.
x. For a residential subdivision, a delineation of 15 percent of the total parcels for residential use, to be reserved for community housing.
g. A phasing plan, if the developer intends to develop the project in phases, and an explanation of the phasing plan, including the number of lots in each phase, the infrastructure planned for completion with each phase, the amenities to be constructed with each phase, the deadline for completion of each phase, and all other information pertinent to the completion of the development.
h. A vicinity map.
i. A contour map at no more than a two-foot contour interval to show the general topography and record grade of the property.
j. Preliminary construction drawings showing the proposed location of drainage, water and sewer lines, fire hydrants, culverts, and other utility services.
k. A landscape plan.
l. A draft of any private covenants, conditions or restrictions (CC&Rs).
m. A certification of absence of wetlands, or delineation of wetlands, as appropriate, completed by an engineer licensed in the state of Idaho.
n. Community housing provisions, locations, and proposed construction schedule.
o. Concept drawings of proposed structures, buildings, etc.
p. Any other information requested by the administrator, commission, or council.
q. Eight collated copies of the above information, except the preliminary construction drawings, of which three copies are to be submitted. The administrator may request additional copies.
r. A fee established by city council resolution.
s. A list of the names and addresses of all property owners within 300 feet of the external boundaries of the land being subdivided, typed on mailing labels.
D. Approval of the Preliminary Plat.
1. Preliminary plat approval shall require a public hearing and the proceedings shall be conducted pursuant to Chapter 18.125 DCC. The administrator shall also transmit copies to the water and sewer district having jurisdiction, and the Donnelly Rural Fire Protection District, as well as any other agency that may have an interest in the property being divided.
2. Prior to scheduling of a public hearing, all changes required by the administrator shall be completed on the preliminary plat.
3. Letters from each public agency having jurisdiction shall be received prior to scheduling of a public hearing.
4. One copy of the approved preliminary plat shall be retained at the Donnelly City Hall for public inspection and one copy of the approved plat shall be returned to the applicant, along with a written statement of any changes or modifications imposed by the commission or council.
E. Final Plat.
1. The final plat must be submitted to the city for council approval within one calendar year from the date of council approval of the preliminary plat, unless the council approves an extension of time.
2. The applicant must request an extension within one calendar year from the date of council approval of the preliminary plat. The request must be in writing and accompanied by a fee established by city council resolution.
3. The administrator shall review the final plat application to ensure that the application submitted is consistent with the preliminary plat approved by the council. The conditions imposed on the application by the commission and council must be either completed or shown on plans or the plat prior to placing the final plat on the council agenda.
4. The administrator shall transmit three copies of the final construction drawings to the city engineer for approval. Two copies of the construction drawings approved by the engineer shall be returned to the applicant stamped “Approved,” and one copy stamped “Approved” shall be kept at Donnelly City Hall. The administrator shall also transmit copies to the water and sewer district having jurisdiction, and the Donnelly Rural Fire Protection District, as well as any other agency that may have an interest in the property being divided.
F. Final Plat – Contents. The final plat application shall contain at least the following information:
1. Name, address and phone number of the developer.
2. A proposed final plat prepared by a professional engineer or surveyor licensed in the state of Idaho, which meets a minimum of the requirements of Idaho Code, Section 50-1304, as may be amended.
3. Final construction drawings.
4. Any other information deemed necessary by the administrator or council.
5. Eight copies of the information, except the construction drawings, of which six copies shall be submitted.
6. A fee established by city council resolution.
G. Final Plat Approval.
1. The city clerk shall place the final plat on the council agenda within 45 days of receipt of the completed application.
2. The council shall determine whether the final plat complies with the approved preliminary plat, together with the conditions or modifications requested at the time of preliminary plat approval.
3. The council shall consider the recommendation of the city engineer regarding the construction drawings and required improvements when making their determination for approval. All recommendations approved by the council shall be included on the final construction drawings and/or final plat. [Ord. 230, 2016.]
18.145.040 Combining preliminary and final plats.
A. An applicant may combine the preliminary and final plats if the following apply:
1. There are no more than 10 lots in the proposed subdivision.
2. There are no new street dedications.
B. A combination of preliminary and final plat approval shall require a public hearing. The proceedings shall be conducted pursuant to Chapter 18.125 DCC.
C. The applicant shall be required to pay both the preliminary and final plat fees. [Ord. 230, 2016.]
18.145.050 Permits.
A. No building permits shall be issued until the city engineer has verified, in writing to the city clerk, that the improvements required for the protection of health and the provision of safety are completed, including: approved potable water system, an approved wastewater system, adequate fire flows approved by the Donnelly Rural Fire Protection District, completed streets, utility services, and approved drainage system.
B. In lieu of actual construction, and with the consent of the council, the developer may provide the city such security as may be acceptable to the city, in a form and in an amount equal to the cost of the engineering and improvements not previously installed by the developer, plus 50 percent. Such security shall fully secure and guarantee completion of the required improvements within one year from the date said security is issued. If any extension of said one year is granted by the city, each additional year, or portion thereof, shall require an additional 20 percent to be added to the amount of the original security initially provided. [Ord. 230, 2016.]
18.145.060 Improvements required.
It shall be a requirement of the developer to construct the minimum improvements set forth herein for the subdivision, to all city standards.
A. Water, sewer, and streets are required in all districts.
B. Curbs, gutters, and sidewalks are required in all districts unless waived by the council.
C. Ground cover and/or landscaping with adequate irrigation shall be provided in all common areas which are not used for parking.
D. Adequate drainage shall be provided for storm water and melt water, and shall be consistent with the best management practices under state and federal storm water and melt water regulatory programs. All drainage plans shall be approved by the city engineer and meet the minimum of a 100-year storm event.
E. Alleys shall be provided in the central business district.
F. Street lights shall be provided at intersections with collector or arterial streets as determined by the administrator. The homeowners’ association will be responsible for the maintenance and upkeep of street lights. Lighting will be in accordance with DCC 18.30.070, and in the spirit of the “dark sky” concept.
G. Underground power and telephone are required. Underground cable TV service shall be provided unless the administrator determines that it is unavailable.
H. Street name signs and traffic control signs shall be installed by the developer. The city shall maintain the signs after installation. [Ord. 230, 2016.]
18.145.070 Development standards.
The configuration and development of proposed subdivisions shall be subject to the provisions found hereunder, and shall be subject to the development restrictions, guidelines and directions found within the Donnelly comprehensive plan, the applicable zoning district regulations, and any other applicable ordinance or policy of the city of Donnelly.
A. Streets, Alleys, Driveways, Easements, Pathways, and Snow Storage.
1. All streets in the subdivision must be platted and meet the standards specified in the city of Donnelly master transportation plan and, where applicable, the “Standard Approach Policies” adopted by the State of Idaho Division of Highways shall apply.
2. Streets shall be aligned in such a manner to provide thorough and efficient access from and to adjacent developments and properties and shall provide for the integration of the proposed streets with the existing pattern.
3. The developer shall provide storm sewers and/or drainage areas of adequate size and number to contain the runoff upon the property in conformance with the latest applicable federal, state and local regulations. The developer shall provide copies of state permits for shallow injection wells (drywells). Drainage plans shall be reviewed and approved by the city engineer. The developer shall provide a copy of the EPA’s “NPDES General Permit for Storm Water Discharge from Construction Activity” affecting more than one acre.
4. The developer shall provide and install all street signs acceptable to the city staff.
5. All streets and alleys within any subdivision shall be dedicated for public use, except as provided herein. New street names shall not be the same as or similar to any other street names used in Valley County.
6. Private streets may be allowed at the discretion of the commission and council; provided, that the private street is not a collector, arterial, major, or secondary street. Private streets shall meet the requirements of the city of Donnelly master transportation plan. Private streets shall not serve more than five single-dwelling units or equivalent.
7. Driveways may provide access to not more than five single residential dwelling units. No portion of the required fire lane width of any driveway may be utilized for parking. Driveways shall not be named.
8. Driveways longer than 150 feet must have a turnaround area approved by the Donnelly Rural Fire Protection District. Fire lane signage must be provided as approved by the Donnelly Rural Fire Protection District.
9. Driveways accessing more than one residential dwelling unit shall be maintained by an owners’ association, or in accordance with a plat note.
10. Required fire lanes, whether in private streets or driveways, shall comply with all regulations set forth in adopted fire codes.
11. Alleys shall be provided in all central business district (CBD) developments.
12. Dead-end alleys shall not be allowed.
13. Where possible, infrastructure shall be located in a public street, except in the CBD contiguous with Highway 55, in which case it shall be located in a public alley if possible.
14. Alleys shall have adequate drainage and shall be approved by the city engineer and city staff.
15. Easements shall be provided, where necessary, to provide access for emergency services, utility maintenance, public access, private access, or any such purpose. The width of such easements shall be approved by the city engineer.
16. Snow storage areas shall be provided, and shall not be less than 25 percent of parking, sidewalk, and other circulation areas. If the subject storage area is not on the platted property, a recorded agreement for a snow storage area of the appropriate size shall be provided by the developer, subject to approval by the city engineer. At no time will snow storage be allowed into the traffic area of any fire lane, cul-de-sac, multiple-residence driveway, or private street.
B. Lots and Blocks.
1. The length, width, and shape of blocks shall be determined with due regard to adequate building sites, suitable to the special needs of the type of use contemplated, the zoning requirements as to lot size and dimension, the need for convenient access and safe circulation, and the limitations and opportunities of topography.
2. All lots shown on the subdivision plat shall conform to the minimum standards for lots in the district in which the subdivision is planned.
3. Double frontage lots shall be prohibited except where unusual topography, a more integrated street plan, or other conditions make it undesirable to meet this requirement. Double frontage lots are those created by either public or private streets, but not by driveways or alleys. Subdivisions providing a platted common space of 25 feet or more between any street right-of-way and any single row of lots shall not be considered to have double frontage lots. The common space shall be landscaped as approved by the commission. Access shall be allowed only on the lesser public street, meaning, if a collector and a local street create a double frontage lot, the access location shall be required on the local street.
4. A minimum of six percent of all developments larger than five acres shall be provided for open space open to the general public. A density bonus may be allowed by the council if the parks are developed and dedicated to the city of Donnelly. Open space lots or common areas shall be clearly labeled on the plat as “nonbuildable.”
C. Orderly Development.
1. Development of subdivisions shall be phased to avoid the extension of services, roads and utilities through undeveloped land. The phasing shall be approved as part of the subdivision approval.
2. No subdivision shall be approved which affects the ability of political subdivisions of the state, including the school district, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents, unless the developer provides for the mitigation of the effects of subdivision. Such mitigation may include, but is not limited to, the following:
a. Provision of on-site or off-site street or intersection improvements.
b. Provision of other off-site improvements.
c. Dedications and/or public improvements on property frontages.
d. Dedication or provision of parks or green space.
e. Provision of public services facilities.
f. Construction of flood control canals or devices.
g. Provision for ongoing maintenance.
D. Cuts, Fills and Grading.
1. Proposed subdivisions shall be carefully planned to be compatible with natural topography, soil conditions, geology and hydrology of the site, as well as to minimize cuts, fills, alteration of topography, streams, drainage channels, and disruption of soils or vegetation. All development within the floodplain areas shall comply with the requirements of Chapter 18.80 DCC.
2. A preliminary soil report, floodway study, groundwater study, and drainage calculations prepared by a qualified engineer may be required by the administrator, commission and/or the council as part of the preliminary plat application.
3. A preliminary grading plan prepared by a civil engineer may be required by the commission and/or the council as part of the preliminary plat application, to contain the following information:
a. Proposed contours at a maximum of two-foot contour intervals.
b. Cut and fill banks in pad elevations.
c. Drainage patterns.
d. Areas where trees and/or natural vegetation will be preserved.
e. Location of all street and utility improvements, including driveway, to building envelopes.
f. Any other information which may reasonably be required by the administrator, city engineer, commission, and/or council.
4. Grading shall be designed to blend with natural landforms and minimize the necessity of cuts and fills for streets and driveways or terracing of building sites.
5. Areas within a subdivision which are not well suited for development because of existing soil conditions, steepness of slope, geology, or hydrology shall be allocated for open space for the benefit of future property owners within the subdivision.
6. Where existing soils and vegetation are disrupted by subdivision development, provision shall be made by the developer for revegetation of disrupted areas with perennial vegetation sufficient to stabilize the soil upon completion of the construction, including temporary irrigation for a sufficient period to establish the vegetation. Until such time as said vegetation has been installed and established, the developer shall maintain and protect all disturbed surfaces from erosion.
7. Fill for structures or roads shall be compacted to at least 95 percent of maximum density as determined by the American Association of State Highway and Transportation Officials (AASHTO) and American Society for Testing and Materials (ASTM).
8. Cut and fill slopes shall be no steeper than two horizontal to one vertical, and three horizontal to one vertical, respectively, without soil analysis and design by an engineer licensed in the state of Idaho. Cut and fill slopes shall not be permitted near natural or manmade slopes greater than cited above without an engineered analysis. Mechanically stabilized slopes are allowed with written approval of the city engineer. Subsurface drainage shall be provided as necessary for stability.
9. Shoulders and toes of cut and fill slopes shall be set back from structures and property lines as necessary to accommodate drainage features or drainage structures. [Ord. 230, 2016.]
18.145.080 Construction and guaranty of construction.
A. Prior to the start of any construction, it shall be required that a preconstruction meeting be conducted with the developer or his authorized representative/engineer, the contractor, the city engineer, associated agencies, and appropriate city staff. An approved set of plans shall be provided to the developer and contractor at such meeting.
B. Upon final approval, three sets of revised plans are required; two sets of revised plans shall be returned to the developer at the preconstruction conference with the city engineer’s written approval thereon. One set of said approved final plans shall be retained on site at all times for inspection purposes and to note all field changes upon.
C. The developer shall guarantee all improvements pursuant to this section for not less than one year from the date of final acceptance by the city, except that parks shall be guaranteed and maintained by the developer for a period of two years.
D. The developer shall construct all streets, alleys, drainage systems, water and sewer facilities, landscaping, fill, cuts and utilities in conformance with the approved plans.
E. Prior to the acceptance by the city of any improvements installed by the developer, two sets of as-built plans and specifications certified by the developer’s engineer shall be filed with the city engineer. [Ord. 230, 2016.]
18.145.090 Lot line adjustments and lot splits.
A. Applications for lot line adjustments and lot splits shall be approved by the administrator, and shall contain the following information:
1. Name, address and phone number of the applicant.
2. Two copies of a record of survey prepared by a professional engineer or surveyor licensed in the state of Idaho.
3. A fee established by city council resolution.
B. The administrator shall review the application to determine whether the lot(s) conform(s) to the development standards of the applicable zone. The administrator shall approve or deny the application based upon such review.
C. The administrator shall notify the applicant, in writing, of the determination. One copy of the plat shall be returned to the applicant. If the administrator finds that the application does not comply with this title, the administrator shall also inform the applicant of the reason for the noncompliance. [Ord. 230, 2016.]
18.145.100 Amended plats.
In the event a plat of a subdivision has been recorded and substantial changes are proposed which change the subdivision materially, or do not qualify for a lot line adjustment, the portion of the subdivision in which these changes are proposed must be approved, and the prior plat vacated, in accordance with the regulations set forth in Idaho Code, Section 50-1306a. Any change in street location will require an amended plat for the portion of the plat that is affected. If the administrator finds that the proposed changes materially alter the nature and character of the subdivision, the amended plat shall be subject to the subdivision process of DCC 18.145.040. [Ord. 230, 2016.]
18.145.110 Street vacations.
A. Applications for vacation of a public right-of-way, alley or easement shall comply with Idaho Code, Sections 50-311 and 50-1317 through 50-1325, as amended.
B. Street vacations shall require a public hearing and the proceedings shall be conducted pursuant to Chapter 18.125 DCC.
C. The commission and council shall consider the following items in making their recommendation and decision:
1. The application and testimony of the applicant and such other information brought forth with regard to the proposed vacation.
2. The interests of the adjacent property owners and public utilities.
3. Conformance of the proposal with the comprehensive plan.
4. Future development of the neighborhood.
5. That the public right-of-way, alley or easement no longer serves a public purpose.
6. Approval of the Donnelly Rural Fire Protection District involved is required, stating that the vacation of the street or alley will not compromise emergency access or procedures.
7. In lieu of vacation, the commission may recommend to the council a revocable landscape license.
D. Should the council approve the application, in the case of a public right-of-way or alley, the city shall pass an ordinance vacating the same. When a street or alley is vacated, the city shall provide adjacent property owners with a quitclaim deed for the vacated right-of-way. Said vacation shall become effective upon enactment of the ordinance pursuant to the Idaho Code. [Ord. 230, 2016.]
18.145.120 Exceptions may be made to avoid hardship.
A. When a tract to be subdivided is, in the opinion of the commission and council, of such unusual shape or size, or is surrounded by such development or unusual conditions, that the strict application of the requirements contained herein would result in real difficulties and substantial hardships or injustices, the council may vary or modify such requirements by an official entry in the minutes of the council proceedings so that the developer is allowed to develop his property in a reasonable manner, but so, at the same time, the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of this title are preserved. As used in this chapter, the phrase “real difficulties and substantial hardships or injustices” shall apply only to situations where strict application of the requirements of this title will deny the developer the reasonable and beneficial use of the property in question, and not in situations where the developer establishes only that exceptions will allow a more financially feasible or profitable subdivision.
B. Under no circumstances shall the commission or council allow development in floodways, wetlands, or any protected area without legal and appropriate application to, mitigation of, and approval by the governing agency according to federal, state and local laws. [Ord. 230, 2016.]
18.145.140 Other provisions, restrictions and requirements.
A. No subdivision shall be approved which affects the ability of a political subdivision of the state, including school districts, to deliver services without compromising quality or service delivery to current residents or imposing substantial additional costs upon current residents unless the sub-divider provides for the mitigation of the effects of subdivision. Such mitigation may include, but is not limited to, the following:
1. Provision of on-site or off-site street or intersection improvements.
2. Provision of other off-site improvements.
3. Dedications and/or public improvements on property frontages.
4. Dedication of provision of parks or green space.
5. Provision of public service facilities.
6. Construction of flood control canals or devices.
7. Provisions for ongoing maintenance.
B. Gated communities are prohibited. [Ord. 230, 2016.]