CHAPTER 5
LAND DIVISION REGULATIONS
ARTICLE A. GENERAL PROVISIONS AND STANDARDS
SECTION:
8-5A-1: PURPOSE:
The purpose of these regulations is to promote the public health, safety and general welfare, by providing for:
A. The harmonious development of land situated within the jurisdiction of the city and in context with the immediate neighborhood;
B. The coordination of streets within proposed subdivisions with other existing or planned streets;
C. The retention of adequate open space for travel, light, air and recreation in any proposed subdivision;
D. Adequate transportation, water, drainage, sanitary facilities and other necessary utilities within any proposed subdivision;
E. Adequate safeguards from the dangers posed by subdivisions located in areas prone to floods or similar natural phenomena;
F. The avoidance of scattered subdivision of land which could result in either of the following:
1. Inadequate supply of water, sewer service, fire protection, transportation or other essential public services; or
2. An excessive expenditure of public funds for the supply of such public services;
G. The extent and the manner in which:
1. Streets shall be created and improved; and
2. Water, sewer and other utility mains, piping, connections or other facilities shall be installed. (Ord. 898-08, 9-8-2008)
8-5A-2: APPLICABILITY:
These provisions shall apply to the subdividing of land within the corporate limits of the city and properties within the area of city impact. (Ord. 898-08, 9-8-2008)
8-5A-3: SCOPE:
These regulations and procedures shall be complied with prior to any of the following:
A. Division of land into two (2) or more lots or parcels for transfer of ownership and building of improvements; or
B. Any alteration, modification, change, addition to or deletion from any recorded subdivision, including modifications, boundary shifts and/or removal of lot lines between existing subdivided lots or parcels and/or unsubdivided tracts of land. (Ord. 898-08, 9-8-2008)
8-5A-4: GENERAL STANDARDS:
A. All subdivisions, and all improvements and facilities constructed as part of a subdivision, shall comply with the provisions set forth in this chapter; and with the minimum development standards set forth in other provisions of this code as follows:
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Standard |
Code Section |
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Design review |
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Driveways |
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Erosion control |
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Floodplain |
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Landscaping |
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Open space |
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Parking |
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Planned unit development |
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Private streets |
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Public water and sewer systems |
Title 6 |
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Sidewalks |
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Storm drainage and discharge control |
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Street design and development standards |
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Sustainable development provisions |
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Utilities |
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Zoning district provisions |
B. Any more restrictive standards adopted and made applicable by any transportation authority, fire authority or other federal, state or local regulatory agencies shall prevail over those standards set forth in this title.
C. Compliance with the minimum standards does not automatically ensure acceptance of a subdivision by the city. Additional requirements may be added by the city before acceptance in order to implement the purpose of this code, the objectives of the comprehensive plan, or provide for the public health, safety, and general welfare. (Ord. 898-08, 9-8-2008; amd. Ord. 1016-20, 6-8-2020)
8-5A-5: DESIGN STANDARDS:
A. Blocks:
1. Every block should be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary.
2. No block shall be more than five hundred feet (500') in length without an intersecting street or alley, or no block shall have a length greater than seven hundred feet (700') without a pedestrian connection.
B. Lots:
1. Lots shall be designed to create a sense of neighborhood both within and adjacent to the proposed subdivision by creating functional and visual relationships between individual lots. Where parcels of land are subdivided into unusually large lots, the parcels shall be divided to allow for future resubdividing into smaller parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks.
2. All lots shall be identified on the subdivision map with the intended use of the lot such as: residential single-family, duplex, townhouse and multiple housing, commercial, industrial or recreational and showing of any sites proposed for parks, playgrounds, schools, churches or other public uses.
3. Lot Variety: A variety of lot sizes as allowed by the zoning district is encouraged to accommodate a range of housing types and sizes.
a. In the configuration and location of lots, consideration should be given to the ultimate dwelling type and use of the lot.
b. Lots that will accommodate higher density should be located to avoid traffic and parking impacts on surrounding properties.
c. Lots should be located to provide transition in density from the surrounding properties.
4. Lot Dimensions:
a. The lot size, width, depth, shape and orientation and minimum setback lines shall comply with the minimum requirements of the zoning ordinance.
b. The dimensions of lots should be varied to avoid monotony in the future residential design and development.
c. A proposed building envelope shall be designated and dimensioned on each lot to demonstrate that a building can comply with the required setbacks. This building footprint is not binding on future building on the lot.
5. Lot Design: Lot design shall be consistent with the following best practices:
a. Side lot lines should be substantially at right angles or radial to street lines, except where other treatment may be justified.
b. Except for corner lots and lots with zero lot line, lots should be designed with the same setbacks (rear to rear and side to side) with adjacent lots.
c. Every lot shall have access to a public street, except where lots may abut upon a private street furnishing satisfactory access to a public street.
d. Flag lots are not allowed.
e. No strip or area of land in a proposed subdivision shall be reserved along any portion of a street, half street, alley, or future street where the effect thereof prevents access to such street, half street, alley or future street connection by adjacent properties.
f. Interior lots shall be configured so that no front yard shall be adjacent to a rear yard on an adjoining property.
g. Lots with a length of two hundred feet (200') or more must have a width of at least fifty feet (50') at the street.
C. Streets:
1. Dedication: Arterial and collector streets shall be dedicated to the public. All other streets may also be dedicated to public use or may be private streets.
2. Location: When a neighborhood street plan or a street master plan has been adopted, subdivision streets shall conform to such plans.
3. Street Specifications: The design and dimensions of all streets and street intersections shall comply with the requirements of the transportation authority, unless alternative standards are adopted by the city and as agreed to by the transportation authority.
4. Local Streets: Local streets shall be so arranged as to discourage their use by through traffic.
5. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas.
6. Relation To Topography: Streets shall be arranged in proper relation to topography so as to result in usable lots, safe streets and acceptable gradients and drainage.
7. Alleys: Alleys shall be provided in multiple dwelling or commercial subdivisions unless other provisions are made for service access and off street loading and parking.
8. Frontage Roads: Where a nonresidential subdivision abuts or contains an arterial street, it may be required that there be frontage roads approximately parallel to and on each side of such arterial street; or such other treatment as is necessary for the adequate protection of residential properties and to separate through traffic from local traffic.
9. Cul-De-Sac Streets: Cul-de-sac streets should not be more than five hundred feet (500') in length and shall terminate with an adequate turnaround and a pedestrian and/or bicycle pathway.
10. Half Streets: Half streets shall be provided when the street is shown on an adopted neighborhood street plan and when there is satisfactory assurance for dedication of the remaining part of the street. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract, unless the remaining half street is being or has been vacated at the time of subdividing.
11. Private Streets: Private streets shall be prohibited except where a private association or entity can provide proper maintenance, and shall be constructed in accordance with the standards and specifications adopted by the transportation authority and in compliance with the provisions set forth in section 8-4E-5 of this title.
12. Street Names: The naming of streets shall conform to the requirements of the Ada County street name committee, with the following exceptions:
a. Street names shall not duplicate any existing street name within the county, except where a new street is a continuation of an existing street.
b. Street names that may be spelled differently but sound the same as existing streets shall not be used.
c. All new public streets shall be named as follows: Streets having predominantly north-south direction shall be named "avenue" or "road"; streets having a predominantly east-west direction shall be named "street" or "way"; meandering streets shall be named "drive", "lane", "terrace", "path" or "trail"; and cul-de-sacs shall be named "circle", "court" and "place".
d. Proposed streets which are a continuation of an existing street shall be given the same name as the existing street.
e. Street name signs shall be installed in the appropriate locations at each street intersection.
D. Driveways:
1. All driveway openings in curbs shall comply with the requirements of the transportation authority.
2. Common Driveways:
a. Common driveways shall serve a maximum of four (4) dwelling units, unless approved through a planned unit development.
b. Common driveways shall be a minimum of twenty feet (20') in width.
c. Common driveways shall be a maximum of one hundred fifty feet (150') in length or less, unless otherwise approved by the fire authority.
d. Common driveways shall be surfaced with a material capable of supporting fire vehicles and equipment.
e. All properties that abut a common driveway shall take access from the driveway.
f. Common driveways shall be straight or provide a twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius.
g. For any subdivisions using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary subdivision plat.
h. A perpetual ingress/egress easement for the common driveway shall be filed with the Ada County recorder which shall include a requirement for maintenance of a surface capable of supporting fire vehicles and equipment.
E. Pathways And Trails:
1. Right-of-way for pedestrian or bicycle pathways shall be required where shown on an adopted master plan.
2. Right-of-way dedication for pedestrian walkways within the middle of long blocks may be required as necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas.
3. Right-of-way dedication for pedestrian walkways and bicycle pathways may be required along waterways and to connect with the Boise River greenbelt.
4. A bicycle pathway may be required to be provided as part of the public right-of-way or may be located along a separate easement.
5. The easement for the pathways, walkways or trails shall be a minimum of twelve feet (12') wide, with at least a ten foot (10') wide prepared travel width. Depending on the location and connections with the Boise River greenbelt, additional easement width may be required.
F. Easements:
1. Utility easements that are unobstructed by permanent structures shall be provided along front lot lines, rear lot lines, and side lot lines when deemed necessary by the city engineer.
2. Total easement width shall not be less than ten feet (10'), with twelve feet (12') recommended, front and rear, with at least twenty feet (20') required for water and sewer easements for main lines.
3. Unobstructed easements, including, but not limited to, drainage, water, and sewer easements, shall be provided as required by the city public works planning official.
4. Additional easements including, but not limited to, parking, irrigation accesses may be utilized or required by authorized agents of the city.
G. Public Sites:
1. When a proposed park, playground, school, or other public use, as shown on the future acquisition map in the city’s comprehensive plan, is located in whole or in part within a proposed subdivision, the planning official shall notify the appropriate public agency concerning the land proposed to be acquired. Within thirty (30) days of the date of notice, the public agency may request the city to suspend consideration on the subdivision for sixty (60) days to allow the affected agency time to decide and arrange to acquire the needed land. If an agreement is not reached within sixty (60) days, the city may resume consideration of the subdivision.
2. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) should be preserved in the design of the subdivision.
3. Existing Large Scale Subdivisions: In the case of subdivisions with greater than ten (10) lots or units, the commission may require parks of acceptable size and location for the needs of subdivision residents.
H. Pressurized Irrigation Systems:
1. System Installation Required: Each and every lot within the subdivision shall have underground pressurized irrigation water. The pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines, but shall not necessarily be in the same trenches.
2. Cross-Connections: All cross connections between the domestic water lines and the irrigation water lines shall be in accord with the city’s adopted standards, specifications and ordinances.
3. Waiver Of Requirements: The requirement for installation of a pressurized irrigation system in all new residential developments may be waived by the city engineer when the applicant has established that any of the following situations exist:
a. Where a sufficient surface irrigation water right does not exist for the property. The lack of surface irrigation water right shall be documented in writing by the appropriate irrigation district or canal company and the Department of Water Resources and shall be submitted with the subdivision plat. The sale or transfer of a water right may not be grounds for requesting a waiver pursuant to this provision.
b. Where an existing surface water right cannot be delivered to the property by an irrigation district or canal company due to current delivery capacity or scheduling. In these situations the city engineer may still require the installation of the pressurized irrigation system; provided, that an irrigation district or canal company will commit in writing to make improvements to their delivery system so irrigation water can be supplied within two (2) years.
c. Where the applicant has provided for another means of delivery such as flood irrigation. The applicant shall present the proposed alternative delivery system to the city engineer at the time the waiver is requested.
d. Where the requirements to provide a pressurized irrigation system may be waived by the city engineer when the city engineer finds that due to the specific circumstances surrounding a new subdivision, the cost of obtaining water rights, reestablishing water rights or developing the system would impose an undue economic hardship on the applicant. Undue economic hardship may be demonstrated if the cost per lot to develop the pressurized irrigation system is twenty-five percent (25%) higher than the cost per lot to serve subdivisions of similar size and density constructed in Garden City within the previous two (2) years; or that the cost per lot of the pressurized irrigation system would exceed five percent (5%) of the expected per lot market value of the subdivision. The applicant shall bear the burden of providing documentation, acceptable to the city engineer, demonstrating and supporting the estimated costs of construction of the pressurized irrigation system and the expected market value of the subdivision lots. For phased developments, costs will be analyzed over all phases of the development rather than the first phase only.
4. Requests for waivers shall be submitted to the city engineer and shall be accompanied by an irrigation report prepared by a licensed professional engineer stating the location and availability of surface irrigation water and documenting the basis for the waiver request. If applicable, the irrigation report shall be accompanied by a letter from the irrigation district or canal company stating that they will not commit to improvements to its delivery system so irrigation water can be supplied within two (2) years.
5. The decision of the city engineer denying a waiver may be appealed to the planning and zoning commission by filing a written request, detailing the basis for the appeal and waiver request, within sixty (60) days of receipt of the written decision of the city engineer. The commission shall review the appeal and may uphold, overrule or modify the decision of the city engineer. The decision of the commission shall be in writing and may be appealed to the Garden City council.
6. If the installation of a pressurized irrigation system is provided for, prior to the signing of the final plat by the city engineer, the applicant shall provide written assurance that provisions have been made for ownership, operation and maintenance of the system. Such written assurance shall include:
a. A letter from an existing entity capable of owning, operating and maintaining the system assuming responsibility for such operation and maintenance; or
b. If the system is to be owned, operated and maintained by a homeowners’ association, the applicant shall create binding covenants, conditions and restrictions, approved by the Garden City attorney, providing for control, use, maintenance and operation of the system.
7. Prior to signing of the final plat by the city engineer, proof of compliance with this section and with Idaho Code section 31-3805(1)(b) regarding requirements for water delivery shall be required. Proof of compliance shall be in the form of one (1) of the following:
a. Written documentation that provisions have been made to install an individual pressurized irrigation system which at a minimum either conforms to the design standards and specifications of Garden City or of the irrigation entity, with adopted standards and specifications, which will provide operation and maintenance of the system; or
b. Written documentation that a valid waiver of the requirement to provide a pressurized irrigation system has been obtained and that Idaho Code 31-3805(1)(a) regarding the transfer of water rights has been complied with.
8. If any property does not have water rights from an existing irrigation district, the applicant shall pay water development fees as determined by the city. (Ord. 898-08, 9-8-2008; amd. Ord. 905-09, 3-23-2009; Ord. 944-12, 5-14-2012; amd. Ord. 975-15, 4-27-2015)
8-5A-6: IMPROVEMENT STANDARDS:
A. Responsibility For Plans:
1. A complete set of construction plans, including profiles, cross section, specifications and other supporting data for all required public and private streets, utilities and other facilities shall be prepared by a registered engineer.
2. Construction plans shall be based on preliminary plans which have been approved with the preliminary subdivision, and shall be prepared in conjunction with the final subdivision.
3. All construction plans shall be prepared in accordance with the public agencies’ standards or specifications, and are subject to approval by the responsible public agency.
B. Required Public Improvements: Every applicant shall be required to install the following public and other improvements in accordance with the conditions and specifications as follows:
1. Monuments: Monuments shall be set in accordance with section 50-1303, Idaho Code.
2. Streets: All streets shall be constructed in accordance with the standards and specifications adopted by the transportation authority or unless alternative standards are adopted by the city and as agreed to by the transportation authority.
3. Curbs And Gutters: Vertical curbs and gutters shall be constructed on public collector and arterial streets. Rolled curbs and gutters are recommended and may be required on public or private local streets. All construction in public streets or rights of way shall be in accordance with the standards and specifications adopted by the transportation authority.
4. Installation Of Public Utilities: Underground utilities shall be required in accordance with Garden City and transportation authority adopted policies and ordinances.
5. Storm Drainage: A storm drainage system shall be provided which meets the requirements as set forth in title 4, "Public Health And Safety", of this code or as adopted by the transportation authority, whichever has jurisdiction.
6. Public Water Supply And Sewer Systems:
a. All public water supply or sewer systems shall be constructed in accordance with adopted city plans and specifications. All new public water supply or sewer systems shall be extensions of an existing public system.
b. All water and sewer plans shall be submitted to the Garden City engineer for his/her review and approval of the plans and specifications.
7. Fire Hydrants And Water Mains: Adequate fire protection shall be required in accordance with the fire authority of Garden City.
8. Street Name Signs: Street name signs shall be installed in the appropriate locations at each street intersection in accordance with the transportation authority standards and requirements.
9. Street Lighting: Streetlights shall be installed at intersections or throughout the subdivisions as designated by the administrator. An applicant shall conform to the requirements of Garden City and the public utility providing such lighting. The city will assume the cost of maintaining streetlights after they have been installed along public rights of way by the developer and accepted by the city; except that the developer or association shall maintain all street lighting along private streets and lanes.
C. Construction Of Improvements; Surety: The construction of improvements required by this title shall have been completed by the applicant; or a financial surety shall have been filed. (Ord. 898-08, 9-8-2008; Ord. 1030-22, 2-13-2023)