HomeMy Public PortalAboutORD 225-10-18_Subdivision Ordinance_10162018225-10-18
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF IONA, IDAHO;
REPEALING AND REENACTING CHAPTER 1, TITLE 10 OF
THE IONA CITY CODE, RELATING TO SUBDIVISIONS AND
CITY APPROVAL OF PLATS; PROVIDING FOR
PRESERVATION OF PRIOR ORDINANCE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
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BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA,
IDAHO THAT:
Section 1. Repeal of Chapter 1, Title 10, Iona City Code. Chapter 1 of Title 10 of the
Iona City Code of the City of Iona, Idaho, is hereby repealed.
Section 2. Reenactment of Chapter 1, Title 10, Iona City Code. Chapter 1 of Title
10 of the Iona City Code of the City of Iona, Idaho, is re-enacted in a form set forth in Exhibit A
attached hereto and incorporated herein by reference.
Section 3. Preservation of Prior Ordinance. The sections of the Iona City Code
repealed by this Ordinance shall be preserved to the extent necessary to allow the arrest,
prosecution, and punishment of any person who violates such provisions prior to the effective date
hereof.
Section 4. Severability. The sections and subsections of this Ordinance are severable.
The invalidity of any section or subsection shall not affect the validity of the remaining sections
or subsections.
Section 5. Effective Date. This Ordinance shall become effective upon its passage,
execution and publication in the manner provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this
of )(rkitQf , 2018.
ATTEST:
ki'.:Keri West ,���,.N1"A"�"'^►ey
City Clerk �,:��� •••••�FS''4
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STATE OF IDAHO )
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County of Bonneville )
day
Dan Gubler
Mayor
I, KERI WEST, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY
CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled,
"AN ORDINANCE OF THE CITY OF IONA, IDAHO; REPEALING AND REENACTING
CHAPTER 1, TITLE 10 OF THE IONA CITY CODE, RELATING TO SUBDIVISIONS AND
CITY APPROVAL OF PLATS; PROVIDING FOR PRESERVATION OF PRIOR
ORDINANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE." "
Keri West
City Clerk
"dvk,data\WFDATA\12W9\iitpB City of lona\ORDINANCES \2018\2018.09 - Subdiv Revision ORD v01 docx
Exhibit A
Iona Subdivision Ordinance
See Attached
CHAPTER 1
IONA SUBDIVISION ORDINANCE
SECTION:
10-1-1: Title
10-1-2: Purpose
10-1-3: Definitions
10-1-4: Platting Requirement
10-1-5: General Plat Requirements
10-1-6: Application for Subdivision Approval
10-1-7: Preliminary Plat Approval Process
10-1-8: Final Plat Approval Process
10-1-9: Small Subdivision Procedure
10-1-10: Third Parties
10-1-11: Post -Decision Remedies
10-1-12: Variances
10-1-13: Subdivision Application Fees
10-1-14: Subdivision Standards
10-1-1 S: Surveying and Monuments
10-1-16: Lot Improvements
10-1-17: Requirements for Public Ways
10-1-18: Alleys and Easements
10-1-19: Blocks
10-1-20: Flood Plain Areas
10-1-21: Domestic Water System Works
10-1-22: Water and Sewage Facilities
10-1-23: Electrical Utilities
10-1-1: TITLE. This chapter shall be known as the Iona Subdivision Ordinance.
10-1-2: PURPOSE. The purpose of this chapter is to:
(A) Promote the public health, safety and welfare;
(B) Provide guidance for future development and growth to the City in accordance with the
comprehensive plan;
(C) Integrate existing streets and highways with proposed transportation plans and other related
development of the City;
(D) Assure safe and adequate transportation systems, water, sewers, storm drains, parks, school
sites, and other public uses and facilities;
(E) Establish reasonable standards of design and uniform procedures for the subdivision and
re -subdivision of land;
(F) Provide for orderly layout, monumenting and legal description of subdivided lands; and
(G) Provide for an orderly and expeditious method of processing applications for subdivisions
and re -subdivisions.
10-1-3: DEFINITIONS.
(A) The following definitions shall apply to terms used in this chapter.
(1) ALLEY: A Public Way, without a sidewalk, designed
to serve as secondary access to the side or
rear of Lots having principal access on some
other Street.
(2) AGRICULTURAL LAND: Land used strictly for the cultivation of crops
or for animal husbandry and which is held in
tracts or parcels no smaller than ten acres.
(3) APPLICANT: A person who submits any Application.
(4) APPLICATION: A Subdivision Application for approval of a
Plat, as described in Section 10-1-6.
(5) APPLICATION, An Application that is fully filled out and is
COMPLETED: submitted with five copies of the Plat for
which approval is requested (although the
City Engineer may require a reasonable
number of additional copies of the Plat, if
necessary) and all other required contents,
attachments, copies, or documentation.
(6) BLOCK: A tract of land bounded by Streets, Alleys,
parks, cemeteries, rights of way, or other
public boundary lines.
(7) BUILDING: Any structure built for the protection, shelter,
or enclosure of persons, animals, chattels, or
property of any kind.
(8) BUILDING SITE: An area upon which the Developer proposes
to erect or construct a Building or make any
Improvement to render the property suitable
for the erection of a building, together with
the surrounding land that is intended to be
used in conjunction with such Building or
Improvements.
(9) CITY: The City of Iona.
(10) CITY ENGINEER: The City Engineer duly appointed by the
Council.
(1 l) COMMISSION: The Planning and Zoning Commission of the
City as it presently exists or as may be
adopted or amended hereafter.
(12) COMPREHENSIVE PLAN: The Comprehensive Plan of the City.
(13) CUL-DE-SAC:
(14) DEDICATION:
(15) DEVELOPER:
(16) DEVELOPMENT:
(17) EASEMENT:
(18) FRONTAGE:
(19) GRADE:
(20) IMPROVEMENT:
(21) INDIVIDUAL SEWAGE
DISPOSAL SYSTEM:
(22) LOT:
A local street with only one outlet and having
a circuit for traffic reversal that is determined
to be safe and convenient by the City
Engineer.
The setting apart, acceptance, and
confirmation by the Council of land or an
interest in land for use by the public.
A person who subdivides or proposes to
subdivide land, whether as an owner or an
agent of an owner.
The land that is subdivided or proposed for
subdivision by a Developer.
The use of a designated part of property,
authorized by the owner, for another, in
perpetuity.
That side of a Lot abutting on a Street from
which primary pedestrian access to the Street
is made.
The slope of a road or street expressed as a
percentage amount.
Any alteration to, or construction upon real
property, which increases the value or utility
of the land.
A septic tank, seepage tile sewage disposal
system, or any other sewage treatment device
not connected or intended to serve more than
one Building or connected to any other public
or private sewage system.
A tract, plot, or portion of a Subdivision or
other parcel of land of sufficient dimension
(23) LOT, CORNER:
(24) OPEN SPACE:
(25) OWNER:
(26) PLAT
(27) PLAT, AMENDED:
(28) PLAT, FINAL:
(29) PLAT, PRELIMINARY:
(30) PLAT, SKETCH:
(31) PUBLIC IMPROVEMENT:
(32) PUBLIC WAY:
and area to meet the applicable zoning
requirements for lot size.
A Lot situated at the intersection of two
Streets.
An area open to the sky that is exclusive of
Streets, Buildings, or other covered
structures.
Any person, group of persons, partnership,
corporation, limited liability company, or
other legal entity having legal title to, or an
interest in, the land proposed to be
subdivided.
A term referring to an Amended Plat, Final
Plat, Preliminary Plat, and/or Sketch Plat.
A change in the Final Plat of an approved or
recorded Development that affects the layout
of any Street or area reserved for public use
or creates any additional Lots.
The final drawing of the Development,
including all dedications, certificates, and
acknowledgments thereon, which conforms
to the provisions of this chapter.
The preliminary drawing or drawings,
indicating the proposed manner or layout of
the Development, including street layout and
design, lots, blocks and proposed zoning,
which conforms to the provisions of this
chapter.
A sketch prior to the preparation of a
Preliminary Plat and/or Final Plat with no
dedication, used for the purpose of generally
discussing the proposed Subdivision and any
applicable requirements.
Any drainage system, road, curb, sidewalk,
off-street parking area, sewer system, water
system, or any other facility for which the
City may assume responsibility, or which
may affect Improvements that are presently
the responsibility of the City.
A Right -of -Way for use of motor vehicles,
including any sidewalks, that has been
dedicated to the public for public use and
(33) RECORDING:
(34) REPLAT or RE -SUBDIVIDE:
(35) RIGHT-OF-WAY:
(36) SALE or LEASE:
(37) SETBACK:
(38) STANDARD
SPECIFICATIONS:
(39) STREET:
(40) STREET, DEAD-END:
(41) SUBDIVIDE
(or SUBDIVISION):
(42) SUBDIVISION AGREEMENT:
accepted by the Council. Dedication shall
be evidenced by a Final Plat approved by the
Council in accordance with the provisions of
this chapter or by a public dedication
accompanied by a written resolution of the
Council accepting such dedication.
The act of filing and recording a document
with the Bonneville County Recorder and
submitting a full-size and complete copy of
the recorded document to the City Clerk.
The creation or submission of an Amended
Plat.
A strip of land, being the entire width
between the boundary lines (i.e., measured
from property line to property line), occupied
or intended to be occupied by a Public Way,
sidewalk, railroad, public utility, public
easement, or other public use.
Any immediate or future transfer of
ownership or any reversionary interest in
land, including a contract of sale, whether by
deed, contract, plat, or other agreement.
The minimum horizontal distance between
any property line of a Lot and the foundation
or wall of the Building, excluding uncovered
steps. Uncovered steps or a deck may not
extend into the Setback more than one-third
of the Setback.
The Idaho Standards for Public Works
Construction, 2017 Edition
A Public Way that is not an Alley, but
including any adjacent sidewalk.
A Street or portion thereof, with only one
point of ingress and egress.
The division of land into five or more lots, for
the purpose of sale, lease, or development,
including any replat of land.
A legal document or contract between the
Developer and the City that sets forth the
rights, duties, and obligations of all parties
regarding each specific Subdivision or
Development.
(43) SUBDIVISION DIRECTIVES: The written regulations, procedures, and
specifications established by the City
Engineer, consistent with this chapter, to
more particularly set forth the information
required to be submitted in the Application
and the particular manner in which the Sketch
Plat, Preliminary Plat, and/or Final Plat shall
be drawn.
(44) SUBDIVISION POLICY:
(45) VARIANCE:
10-1-4: PLATTING REQUIREMENT.
The procedures and policies for
administering and processing a Subdivision
application, as may be adopted by ordinance
or resolution of the Council, which policy
implements the provisions of this chapter.
A modification of the strict application of this
chapter.
(A) Platting Required. No person shall Subdivide or Re -Subdivide any piece, parcel, or tract
of land situated within the City or within one mile outside the City limits or Re -Subdivide,
sell, lease, or convey any Development or portion thereof, within said area, without first
recording a Final Plat approved by the City in conformity with the requirements of this
Iona Subdivision Ordinance. Notwithstanding the foregoing, any Development situated
within an officially designated area of City impact as provided for in Section 67-6526,
Idaho Code, shall be subject to the terms and provisions of any area of impact agreement
between the City and Bonneville County, Idaho.
(B) Exclusions. Notwithstanding Subsection 10-1-4(A), above, no Final Plat must be
recorded in the following circumstances:
(1) A bona fide Sale, division, or partition of land intended strictly for use thereafter as
Agricultural Land. The intent to construct, as evidenced by a request for a building
permit, a residence, apartment, commercial, or industrial Building or other
nonagricultural Building or Buildings upon such tract of land shall be deemed
sufficient evidence that the land described in the application for a building permit
is no longer agricultural and shall immediately subject such land to the
requirements of this Iona Subdivision Ordinance.
(2) An allocation of land in settlement of an estate of a decedent or a court decree for
the distribution of property.
(3)
An involuntary sale of land as result of legal condemnation as defined and allowed
in the Idaho Code.
(4) A widening of any existing Right -of -Way to conform to the comprehensive plan or
by authority of the City.
(5)
The acquisition of a Right -of -Way by a public agency in conformity with the
Comprehensive Plan.
(6) An exchange of land for the sole purpose of straightening property boundaries or
enlarging any existing Lot, and which does not create additional Lots.
(C) Amended Plat or Replat. Whenever a Developer proposes to Subdivide or Re -Subdivide
and platting is required pursuant to this section, the Developer shall file an Application,
which shall be processed in the manner set forth in this Iona Subdivision Ordinance.
10-1-5: GENERAL PLAT REQUIREMENTS.
(A) Plat Specifications. All Plats shall comply with Idaho Code Section 50-1304, this Iona
Subdivision Ordinance, and the Subdivision Directives.
(B) Subdivision Directives. Consistent with the provisions of the City Code, the City
Engineer may establish Subdivision Directives that describe the information required to be
submitted in or with any Plat or Application or are reasonably necessary to assure legibility,
permanency, clarity, reproducibility, accuracy, uniformity, and neatness of the Plat. The
City Engineer shall, upon request, make available a written copy of the Subdivision
Directives.
(C) Scale. The map drawings on any Plat shall be at a scale of one inch equals one hundred
feet (1 " = 100').
(D) Standards. All Plats shall be drawn in accordance with generally accepted engineering
standards and practices and shall be drawn in such a manner as will assure legibility, clarity,
reproducibility, accuracy, uniformity and neatness of the Plat.
10-1-6: APPLICATION FOR SUBDIVISION APPROVAL.
(A) Application Required. Whenever a Developer requests approval of any Plat, the
Developer shall submit a Completed Application. No Plat shall be recorded until a
Completed Application has been filed with the City Clerk and approved by the Council in
accordance with the provisions of this Iona Subdivision Ordinance.
(B) Form of Application. The City Clerk shall prepare one or more form Applications, which
shall require sufficient information to determine if the Plat complies with the provisions of
this Iona Subdivision Ordinance and the City Code. The City Clerk shall, upon request,
make available a written copy of any blank Application.
(C) Contents. Each Completed Application shall accurately and fairly describe and depict all
improvements, structures, boundary lines, lot configurations, area to be developed, existing
and proposed land use and zoning, grades, land contour, recreational and public use area,
utilities(including water works), topography, streets, alleys, easements, and shall contain
such other information as may be necessary to determine if the proposed Development
complies with the requirements of this Iona Subdivision Ordinance
(D) Payment of Fees Required for Submission. An Application shall be deemed to be fled
with the City Clerk's office upon payment of all fees required by this Iona Subdivision
Ordinance and receipt of a Completed Application using the appropriate form prepared by
the City Clerk.
(E) Submission Date. Every Application shall be filed with the City Clerk at least twenty-five
days before the meeting date of the Commission or Council at which the Applicant desires
such Application to be considered.
10-1-7: PRELIMINARY PLAT APPROVAL PROCESS.
(A) Action by City Clerk. Once the appropriate Completed Application for approval of a
Preliminary Plat and required fees have been submitted, the City Clerk shall:
(1) Cause the consideration of such Completed Application to be placed on the agenda
of the Commission's next meeting that is at least twenty-five days after the date of
submission, unless otherwise requested by the Applicant;
(2) Cause the consideration of such Completed Application to be placed on the agenda
of the Council's next meeting after the meeting at which the Commission will
consider such Completed Application; and
(3)
Cause arrangements to be made to provide notice of the public hearings relating to
the consideration of such Completed Application before the Commission and
Council in the manner required by law.
(4) Forward copies of the Completed Application to the Mayor, each member of the
Council, each member of the Commission, the City Public Works Director, the City
Engineer, the City Attorney, and other City staff as the Mayor shall direct.
(B) Commission Consideration. At the meeting at which the Commission considers such
Completed Application, the Commission shall review the Completed Application —
including the Preliminary Plat —to determine its compliance with this Iona Subdivision
Ordinance; the Comprehensive Plan; and all applicable federal, state, or local laws. The
Commission shall prepare a written recommendation on such Completed Application and
cause its written recommendation to be forwarded to the Council before the meeting at
which the Council considers the Completed Application.
(C) Council Consideration. At the meeting at which the Council considers such Completed
Application, the Council shall consider the Commission's written recommendation and
review the Completed Application —including the Preliminary Plat to determine its
compliance with this Iona Subdivision Ordinance; the Comprehensive Plan; and all
applicable federal, state, or local laws.
(D) Council Action. Within 60 days after the date of the Council meeting at which the
Completed Application was first submitted, the Council shall complete its consideration
and review and shall either (a) approve, (b) conditionally approve, or (c) disapprove of the
Preliminary Plat and Completed Application.
(1) If the Preliminary Plat is approved, the Council shall advise the Developer in
writing of the Council's approval.
(2) If the Preliminary Plat is conditionally approved, the Council shall advise the
Developer in writing of the conditions under which the approval is to be granted
and, upon Developer's complete compliance with those conditions and the
Developer's written certification of such compliance, the Preliminary Plat shall be
deemed approved.
(3)
If the Preliminary Plat is disapproved, the Council shall advise the Developer, in
writing, of the reasons for denial of the Application.
(E) Expiration of Approval.
(1) Approval of a Preliminary Plat shall expire at such time as the Council may specify
or, if no other time is specified by the Council, one year after such Preliminary Plat
is approved.
(2) Provided, in the event a Final Plat relating to the same Development depicted on
such Preliminary Plat has been approved by the Council before the expiration of
the approval of the Preliminary Plat, the approval of the Preliminary Plat as to any
area of the Development not included within the Final Plat shall be deemed renewed
for one year after such Final Plat is approved unless otherwise specified by the
Council.
(3)
Notwithstanding the above provisions, the Council may specify another expiration
date for its approval of any Preliminary Plat, but the Council may not set the
expiration of such approval any later than one year after the approval of the
Preliminary Plat or approval of a Final Plat. Upon request of the Developer, the
Council may extend its approval for a period of not to exceed one year from the
date of the initial approval of the Preliminary Plat or Final Plat, as the case may be.
(4) The Council shall advise the Developer of the expiration date of the Preliminary
Plat at the time it approves any request for sectionalization.
10-1-8: FINAL PLAT APPROVAL PROCESS.
(A) Additional Application Requirements for Approval of a Final Plat. Following the
approval of the Preliminary Plat, as the case may be, the Developer may file with the City
Clerk an Application for approval of a Final Plat. Such Completed Application shall, in
addition to all general requirements of a Completed Application, contain the following:
(1)
A Completed Application requesting approval of the final plat in the appropriate
form prepared by the City Clerk, including a request for annexation or zoning, if
appropriate;
(2) Proof of current ownership of the real property included in the proposed Final Plat;
(3) Development street and utility improvement drawings prepared in accordance with
generally accepted engineering practices, the requirements of this Iona Subdivision
Ordinance, the Subdivision Directives, and any Subdivision Policy adopted by the
Council;
(4) A copy of a proposed Subdivision Agreement;
(5) Copies of any easements or other covenants which run with the land;
(6) Proof of payment of all fees prescribed by City ordinance; and
(7) Any other maps, data, or information deemed necessary by the City Engineer to
determine compliance with the provisions of this chapter.
(B) Action by City Clerk. Once the appropriate Completed Application for approval of a Final
Plat and required fees have been submitted, the City Clerk shall:
(1) Cause the consideration of such Completed Application to be placed on the agenda
of the Commission's next meeting that is at least twenty-five days after the date of
submission, unless otherwise requested by the Applicant;
(2) Cause the consideration of such Completed Application to be placed on the agenda
of the Council's next meeting after the meeting at which the Commission will
consider such Completed Application; and
(3)
Cause arrangements to be made to provide notice of the public hearings relating to
the consideration of such Completed Application, including any request for
annexation or zoning, before the Commission and Council in the manner required
by law.
(4) Forward copies of the Completed Application to the Mayor, each member of the
Council, each member of the Commission, the City Public Works Director, the City
Engineer, the City Attorney, and other City staff as the Mayor shall direct.
(C) Commission Consideration. At the meeting at which the Commission considers such
Completed Application, the Commission shall review the Completed Application —
including the Final Plat to determine its compliance with this Iona Subdivision
Ordinance; the Comprehensive Plan; and all applicable federal, state, or local laws. The
Commission shall prepare a written recommendation on such Completed Application and
cause its written recommendation to be forwarded to the Council before the meeting at
which the Council considers the Completed Application.
(D) City Engineer's Consideration. The City Engineer shall, with the assistance of a surveyor
as necessary, review the Completed Application —including the Final Plat —to determine
its compliance with this Iona Subdivision Ordinance; the Comprehensive Plan; and all
applicable federal, state, or local laws. The City Engineer shall prepare a written
recommendation on such Completed Application and cause its written recommendation to
be forwarded to the Council before the meeting at which the Council considers the
Completed Application.
(E) Council Consideration. At the meeting at which the Council considers such Completed
Application, the Council shall consider the Commission's written recommendation and
review the Completed Application —including the Final Plat —to determine its compliance
with this Iona Subdivision Ordinance; the Comprehensive Plan; and all applicable federal,
state, or local laws. The Council may, in accordance with the public notice provided as
required by law, simultaneously consider a request for annexation, zoning, rezoning, and/or
amendment of the Comprehensive Plan relating to the same property.
(F) Council Action. Within 60 days after the date of the Council meeting at which the
Completed Application was first submitted, the Council shall complete its consideration
and review and shall either (a) approve or (b) disapprove of the Final Plat and Completed
Application; provided, however, that the Developer may request that the matter be
recessed, and in such event, the 60-day period shall not commence running until the matter
is again considered by the Council.
(1) If the Final Plat conforms to the provisions of this Iona Subdivision Ordinance and
all other applicable federal, state, or local laws, the Council shall approve the Final
Plat and authorize the Mayor and City Clerk to sign the original Final Plat. If the
Final Plat is approved, the Council shall advise the Developer in writing of the
Council's approval.
(2) If the Final Plat is disapproved, the Council shall specify, in writing, the ordinances
and standards used in evaluating the Completed Application, and its reasons for
denial thereof and the actions, if any, that the Applicant may take to obtain their
approval.
(G) Recording of Final Plat. All Final Plats shall be recorded within 90 days after approval
by the Council, unless an extension of time is granted by the Council. If the Final Plat is
not recorded within the specified time because of the Developer's failure to meet the
requirements specified herein, the Council may rescind its approval of the Final Plat.
10-1-9: SMALL SUBDIVISION PROCEDURE. [Reserved].
10-1-10: THIRD PARTIES. Any person, other than an Applicant, may request notice and
service of any decision made by the Council under this Iona Subdivision Ordinance by submitting
a written request for such notice to the City Clerk and any such notice and service shall be provided
electronically by e-mail to an email address provided by such person.
10-1-11: POST -DECISION REMEDIES.
(A) Reconsideration.
(1)
Any person denied a permit or aggrieved by a decision may, within 14 days after
the Council has issued a decision under this Iona Subdivision Ordinance, seek
reconsideration of such decision by submitting a written request for
reconsideration, which shall explain all the reasons (legal, factual, or otherwise)
why the person asks the Council to reconsider its decision.
(2) The Council shall hear the request for reconsideration at the next possible Council
meeting before which sufficient public notice can be provided, as required by law.
(3)
Within 14 days after the date of the Council meeting at which the request for
reconsideration is considered, the Council shall, in writing, notify the Applicant
and any person who requested reconsideration that the Council is either
(a) upholding its prior decision or (b) altering its prior decision in a manner
specified.
(B) Appeal. Any person denied a permit or aggrieved by a decision may, within 28 days after
all remedies have been exhausted under this Iona Subdivision Ordinance, seek judicial
review pursuant to the procedures set forth in Section 67-6521, Idaho Code, as amended.
10-1-12: VARIANCES. The Council may grant a Variance to the terms and provisions of
this Iona Subdivision Ordinance. A Variance may be granted only upon an express finding that
all of the following conditions exist
(A) There are special circumstances or conditions affecting the property such that a strict
application of this Iona Subdivision Ordinance would clearly be impracticable or
unreasonable;
(B) Strict compliance with this Iona Subdivision Ordinance would result in extraordinary
hardship, as distinguished from mere inconvenience, to the Developer because of the
particular physical surroundings, shape, or unusual topography of the Developer's
property, and will substantially preclude development of the property;
(C) The circumstances for which the variance is sought are unique to the property and are not
applicable to other properties similarly situated;
(D) The variance is the least deviation from this chapter necessary to mitigate the hardship;
(E) The granting of the variance will not be substantially detrimental to the public safety,
health, welfare or will not substantially injure other property adjoining the property for
which the variance is sought;
(F) The variance is not otherwise contrary to law; and
(G) The conditions necessitating the variance were not caused by or in any way arise from the
actions of the Developer.
10-1-13: SUBDIVISION APPLICATION FEES. The following fees are hereby
established relative to the processing of Applications.
(A) Application Fee for Consideration of Preliminary Plat. Any Applicant submitting a
Completed Application seeking approval of a Preliminary Plat shall pay to the City Clerk
a fee of $500.00.
(B) Application Fee for Consideration of Final Plat. Any Applicant submitting a Completed
Application seeking approval of a Final Plat shall pay to the City Clerk a fee as follows:
Number of Lots Amount of Fee
1 to 101ots $ 2,120.00
11 to 501ots $ 6,600.00
51 lots or more $ 12,200.00
(C) Fee for Consideration of Development Improvement Plans and for Infrastructure
Inspection. Any person who requests acceptance by the City of any street, utility line, or
other public improvement within a Development shall submit improvement plans, profiles,
and specifications for such improvements to the City Clerk. Substantial construction of
said public improvements shall not be commenced until the City Engineer has reviewed
and approved such plans and the Applicant has paid a fee as follows:
Number of Lots Amount of Fee
1 to 10 lots $3,200.00
11 to 50 lots $12,800.00
51 lots or more $24,800.00
(1) If such improvement plans comply with all state and local laws and ordinances and
any Subdivision Agreement executed or to be executed between the City and such
Developer, the City Engineer shall endorse his approval upon the improvement
plans and shall cause a notice to be imprinted upon the applicable Plat stating that
the City will not accept ownership or maintenance of such public improvements
until a professional engineer licensed in the State of Idaho has inspected the
construction of such public improvements and has delivered his written
certification to the City Engineer that such inspection was made and that
construction of such improvements meets or exceeds the minimum standards set
forth in the Standard Specifications.
(2) "As -built" drawings of such public improvements shall also be prepared by such
engineer and delivered to the City Engineer immediately upon completion of all
public improvements shown on the plans, or upon completion of any portion thereof
as required by the City.
(D) Rebate Upon Filing of "As -Built" Drawings: Upon delivery of the "as -built" drawings,
together with the certification of the professional engineer within 90 days after the
completion of all public improvements shown on the plans or any portion thereof as
required or permitted by the City, the City Engineer shall then cause a "Notice of Public
Acceptance of Street and Utilities" to be recorded in the Bonneville County Recorder's
office for those public improvements which have been accepted by the City. The City
Engineer shall also cause the following portion of the above -referenced fees to be rebated
to the developer or other person who paid the same, according to the following schedule:
1 to 10 lots
Final Plat
Subdivision Improvement Plans and
Street & Utility Construction Inspection
11 to 501ots
Final Plat
Subdivision Improvement Plans and
Street & Utility Construction Inspection
51 lots or more
Final Plat
Subdivision Improvement Plans and
Street & Utility Construction Inspection
Amount of Rebate
$1,060.00
$1,600.00
Amount of Rebate
$3,300.00
$6,400.00
Amount of Rebate
$6,100.00
$12,400.00
(1) In the event the Developer or Owner fails to file such "as -built" drawings and
deliver such certification within 90 days after the completion of all public
improvements shown on the plans or any portion thereof as required or permitted
by the City, then the developer or owner shall forfeit all right to such rebate. The
City Engineer shall cause the Development and any public improvements to be
inspected and, once satisfied that they have been completed per the approved Final
Plat and improvements plans, the City Engineer shall then cause a "Notice of Public
Acceptance of Street and Utilities" to be recorded in the Bonneville County
Recorder's office for those public improvements which have been accepted by the
City.
10-1-14: SUBDIVISION STANDARDS. All improvements located upon land which is
subdivided shall be designed and constructed in compliance with the following laws, rules and
regulations, and standards:
(A) Local Ordinances. The City Code, as applicable, including the Zoning Ordinance of the
City of Iona, the Uniform Building Code (as adopted and/or amended by the City), the
Uniform Fire Code (as adopted and/or amended by the City), and the Uniform Plumbing
Code (as adopted and/or amended by the City).
(B) State Laws: All applicable laws of the State including Sections 50-1304 through 50-1310,
Idaho Code, and all rules and regulations, having the force and effect of law, promulgated
by the Idaho Department of Transportation, Idaho Department of Health and Welfare,
Idaho Department of Environmental Quality, or other agency of the State of Idaho.
(C) The Standard Specifications.
In the event of any irreconcilable inconsistency between the Standard Specifications and this
Chapter, the provisions of this Chapter shall prevail.
10-1-15: SURVEYING AND MONUMENTS.
(A) All linear dimensions shown on a Plat shall be calculated to the nearest one -hundredth
(0.01) of a foot and all bearings shall be calculated to one second (1") of arc. All curves
shall be defined by the radius, central angle, tangent, arc, and chord distances. The
description and location of all monuments shall be shown. Monuments conforming to the
requirements of the Idaho Code shall be set at centerline tangent points, centerline points
of curve, centerline points of intersection of streets, and any subdivision boundary points
that fall in the paved area of the streets and shall be existing at the time of the City's final
acceptance of the street improvements. All points on the exterior boundary of the
subdivision where the boundary changes direction shall be marked with monuments
conforming to the requirements of the Idaho Code, consisting of iron or steel rods not less
than five -eighths inch (5/8") in diameter and twenty-four inches (24") long. Points shall
be plainly and permanently marked upon monuments so that measurements may be taken
to them to one -tenth (0.1) of a foot. All lot corners shall be marked with monuments
meeting the requirements of the Idaho Code, consisting of iron or steel rods, not less than
one-half inch (1/2") in diameter and twenty-four inches (24") long. These points shall be
marked prior to final acceptance by the City of the Public Improvements in the
Development. No Plat showing a plus or minus distance will be accepted unless agreed
to by the City Engineer. The survey for any Plat shall be conducted in such a manner as
to produce an unadjusted mathematical error of closure of each area bounded by property
lines within the survey of not more than one (1) part in five thousand (5,000).
(B) All bearings shall conform to the 2004 Idaho Falls datum. All points requiring
monuments shall, if directed by the City Engineer, have coordinates based on the State
plane coordinate system shown on the Plat. A definite tie between not less than two
prominent points shall be shown between the exterior boundary of the subdivision and the
section corner and quarter corner system as established by the United States Government
and supplemented by the City and Bonneville County, and shall be indicated by bearing
and distance and coordinates if directed by the City Engineer.
(C) The Final Plat shall be submitted to the City Clerk along with a computation sheet bearing
coordinates on all points, based on the State plane coordinate system, and upon the 2004
Idaho Falls datum.
10-1-16: LOT IMPROVEMENTS.
(A) All lots shall be arranged so that each lot meets all qualifications necessary to secure a
building permit.
(B) Lot dimensions shall conform to the minimum standards in the Zoning Ordinance of the
City of Iona. All lots shall have at least 85 feet of frontage upon a dedicated street.
Frontage for lots located on a cul-de-sac shall be measured at the front set -back line.
(C) No Plat shall be approved where the area between the property line of any unplatted
property owned by the Owner and any other property owned by another, is of insufficient
size or is of an irregular configuration such that the area cannot reasonably be used to
develop lots that will conform to the provisions of this Iona Subdivision Ordinance and the
Zoning Ordinance of the City of Iona.
(D) All lots shall have full frontage on, and access to, a Street or shall have access to a Street
through a private access road approved in accordance with the provisions of Section 11-
11-26 of this Code.
(E) Adequate provisions shall be made for soil preservation, drainage patterns, and debris and
waste disposal and collection.
(F) Side lines of lots shall be at, or near, right angles or radial to the street lines. All corner
lots shall have a minimum radius of 20 feet on the property line.
(G) All property within the Development shall be included within a lot or an area dedicated for
public use.
(H) All residentially zoned corner lots shall be a minimum of 10 percent larger in area than the
average area of all similarly zoned lots in the Plat or Development under consideration,
unless such average lot area is greater than 25,000 square feet. If less than 10 lots are
shown in the subdivision or plat under consideration, then the City Engineer may use other
Plats or Developments within the surrounding area to calculate the average area of all
similarly zoned lots within the vicinity of the property under consideration.
10-1-17: REQUIREMENTS FOR PUBLIC WAYS.
(A) All Public Ways within the Development shall be dedicated for public use.
(B) Alignment.
(1) All major Streets in the Development must conform to the major street plan of the
City, as may be adopted by the City or as set forth in the Comprehensive Plan.
(2) The alignment and width of previously platted Public Ways shall be preserved
unless topographical conditions or existing buildings or structures require
otherwise.
(3)
Public Ways shall be laid out so as to intersect as nearly as possible at right angles
and no street shall intersect any other street at less than 80° or greater than 100°.
Notwithstanding the foregoing, the City Engineer may allow an angle of
intersection less than 80° or greater than 100° for a Public Way if circumstances so
warrant.
(4) All permanent dead-end streets shall be cul-de-sacs that are not longer than 400 feet
and are be provided at the closed end with a turn -around having a street property
line diameter of at least 90 feet. Streets that temporarily dead-end may be
permitted with a distance of greater than 400 feet in length, provided the Developer
files or has already filed a Preliminary Plat of an adjoining Development depicting
a through Street connecting to such temporary dead-end street that is not a dead-
end street, and provided further the Council may order the Developer to file a Final
Plat for such Preliminary Plat, at any time at the expiration of three years after the
date the Plat showing the temporary dead-end street was approved.
(5)
Public Ways in new Developments shall continue the alignment of existing Public
Ways in adjoining Developments, or their proper projections when adjoining
property is not subdivided. All Rights -of -Way (Streets, Alleys, utility lines, etc.)
shall be arranged in a manner that will, insofar as possible, facilitate convenient
extension and connection thereof to future Public Ways that may be developed by
the owners of adjoining property.
(6) In determining the appropriate angle of intersection of two or more Public Ways or
other issues with regard to the alignment of Public Ways, the City Engineer may
take into consideration the following factors:
(a) Zoning and land usage of the area in which the street is located.
(b) Anticipated traffic volume and character of traffic use.
(c) Character or function of the street.
(d) Vehicular and pedestrian safety.
(e) Anticipated future growth in the area served by the street.
(f) Population density in the area served by the street.
(C) Width.
(1) The minimum width of all Streets shall be 70 feet. Notwithstanding the foregoing,
the City Engineer may require a wider width for a Street if circumstances so
warrant.
(2) All Alleys shall be at least 20 feet in width. Notwithstanding the foregoing, the
City Engineer may require a wider width for an Alley if circumstances so warrant.
(3) In determining the appropriate width for any Public Way or the appropriate angle
of intersection of two or more Public Ways, the City Engineer may take into
consideration the following factors:
(a) Zoning and land usage of the area in which the street is located.
(b) Anticipated traffic volume and character of traffic use.
(c) Character or function of the street.
(d) Vehicular and pedestrian safety.
(e) Anticipated future growth in the area served by the street.
(0 Population density in the area served by the street.
(4) The dedication of half streets in any Development is prohibited except where
essential to the reasonable development of the Development in conformity with
other requirements of this Iona Subdivision Ordinance and where it will be
practicable to require the dedication of the other half when the adjoining property
is subdivided. Wherever a half street is situated adjacent to a tract to be
subdivided, the other half shall be platted within such tract.
(D) Grading and Hydrologic Considerations.
(1) All Public Ways other than sidewalks shall have a minimum vertical (longitudinal)
grade of 0.4 percent, with the maximum grade being 7 percent for major Streets
and 10 percent for Alleys or local/minor Streets. Borrow ditches in the
Development shall be utilized in a manner that will prevent flooding in the lower
elevations of the Development during rain or snow melt on frozen ground events.
(2) Hydrologic calculations are to be used to demonstrate success of the grading plan.
1.3 inches multiplied by the contributing area will be sufficient to calculate volume
of stormwater to be captured in the borrow ditches underground.
(3)
Infiltration trenches may be used at periodic low points created with adverse
longitudinal grading in the Public Way profiles to ensure flooding does not occur
at the lower elevations of the Development. Driveways across borrow ditches
shall be graded or have culverts installed so as to avoid impeding the flow of surface
waters.
(4) Hydrologic design for curb -and -gutter Public Ways may be completed with the use
of accepted engineering principles and the Subdivision Directives.
(E) Construction.
(1) All Streets shall conform to the Standard Specifications for sub -grade, sub -base,
crushed gravel, pavement, asphalt and chip seal, and sidewalk. The construction
of each Street section shall also be in accordance with the methods and procedures
set forth in the Standard Specifications. The street cross section shall be
constructed in accordance with the Subdivision Directives.
(2) All streets and driveway approaches shall be constructed in accordance with the
Standard Specifications for a rural street section. No residential driveway
approach, excluding any transition slope, shall exceed 30 feet in width across any
portion thereof.
(3)
Half -circle driveways may be constructed in any residential zone, provided the
inside diameter of such driveway shall be no greater than 50 percent of the length
of the frontage of the lot upon the street on which such accesses are located, or in
the case of a corner lot having driveway accesses upon two streets, then the
combined length of the street frontage encompassed within such driveway exits
shall be no greater than 25 percent of the combined frontage of the lots on both
streets.
(4) All sidewalks throughout the Development shall be five feet wide and constructed
per the standards required by the Americans with Disabilities Act and all rules
and/or regulations associated therewith, including connecting sidewalks through
the borrow ditches in each direction at each street corner. Sidewalks must be
placed over the minimum base requirements given in the Standard Specifications.
Sidewalk concrete shall be properly cured by Developer using any method allowed
by the Standard Specifications.
(5)
Curbs at street intersections shall be rounded with curves having a minimum radius
of 25 feet.
(F) Where street lines within a block deflect from each other at any one point more than 10°,
there shall be a connecting curve. The radius of the curve for the inner street line shall be
not less than 700 feet for a major street, 250 feet for a collector or secondary street, and 50
feet for local or minor streets.
(G) Street name signs shall be erected by the developer at the corner of each intersection located
within the Development. Such signs shall conform to the Manual on Uniform Traffic
Control Devices (2009 Edition, including Revision 1 and 2, both dated May 2012), as
published by the United States Federal Highway Administration and most recently
supplemented by the State of Idaho (the "MUTCD"), and the Standard Specifications to
the extent not specified in the MUTCD. Sign posts shall be made of steel square tubing
with the one-piece anchor post per SD(Standard Drawing)-1130 of the Standard
Specifications. Street name signs are to be white lettering on green signage to match
existing City name signs and may be installed on the same sign post as any stop sign.
10-1-18: ALLEYS AND EASEMENTS.
(A) The minimum width of any Alley shall be 20 feet. Alleys may be required along the rear
line of business property and in the rear of all lots fronting major Streets.
(B) Where Alleys are not provided, easements of not less than eight feet in width shall be
dedicated on each side of all rear lot lines and six feet on side lot lines, where necessary,
for poles, wires, conduits, storm or sanitary sewers, and gas and water lines. Easements
of greater width may be required along lines across lots or along boundaries where
necessary for surface drainage or for the extension of main sewers or other utilities.
(C) Alley intersections and sharp changes in alignment shall be avoided, but where necessary,
corners shall be of sufficient radius to permit safe vehicular movement.
(D) Dead-end alleys shall be avoided where possible, but if unavoidable, such alleys shall be
provided with adequate turn -around facilities at the dead-end.
10-1-19: BLOCKS.
(A) Blocks shall be designed in accordance with sound engineering practices and standards,
taking into consideration such factors as access, circulation, traffic safety and control,
topography, utilities, and service easements.
(B) Residential block lengths shall not exceed 1,300 feet nor be less than 400 feet. The City
Engineer may require dedication and construction of hard -surfaced pedestrian ways, not
less than five feet wide, where necessary, to provide safe and convenient circulation or
access to school, playgrounds, shopping areas, transportation, or any other community
facilities.
10-1-20: FLOOD PLAIN AREAS. The City may prohibit the subdivision of any portion
of land which lies within the flood plain of any body of water as designated by the U.S. Department
of Housing and Urban Development for the public health, safety, and welfare if it is determined
that construction of such Development could create a potential hazard to the health or safety of the
occupants of the Development.
10-1-21: DOMESTIC WATER SYSTEM WORKS.
(A) Mainline Pipe. All mainline water pipe shall be AWWA C-900 (DR18) Polyvinyl Chloride
(PVC) bell and spigot pipe with rubber gasket joints. All fittings are to be ductile iron.
All PVC pipe shall be installed per the requirements of the Standard Specifications and
American Water Works Association C-605 Underground Installation of Polyvinyl
Chloride Pressure Pipe for Water. Flexible couplings for use with pipe shall be as
specified in ISPWC.
(B) Pipe Lay and Testing. Developer shall trench, lay, backfill, pressure test, and disinfect all
pipelines in accordance with the Standard Specifications and all applicable American
Water Works Association requirements.
(C) Trace Wire. No. 12 AWG insulated copper wire (the "Wire") shall be placed over the top
of all mainline pipe, hydrant runs, and service lines from the mainline to each water meter
box. The Wire shall be accessible at the surface at all mainline gate valves and hydrants
and meter boxes.
(D) Hydrants. Hydrants shall be installed as specified in the Standard Specifications and as
required by the City. At each hydrant location, the hydrant shall be centered two feet from
the back of sidewalk within the utility easement and the hydrant valve shall be located in
the Public Way. Each hydrant shall be a Mueller Centurian, Clow Medallion, or Waterous
Pacer. Each hydrant shall be supplied to accommodate a bury depth of six feet and be
painted yellow.
(E) Gate Valves. Mainline resilient seated gate valves as per the Standard Specifications shall
be installed. Any valve larger than a 12-inch valve may be the butterfly type.
(F) Flush Hydrants. Developer shall provide and install flush hydrants, as specified by the
City Engineer, at the end of all permanent and temporary dead-end mainlines. All flush
hydrants shall be placed two feet from the back of the sidewalk, within the utility easement.
(G) Service Lines. Residential service lines shall be iron pipe size, one -inch diameter, 250 psi
rated polyethylene ("PE") pipe per American Water Works Association C-901, as specified
in the Standard Specifications. Each service line connection to the mainline shall ,utilize
a service saddle and corporation stop as per the Standard Specifications for use with PE
pipe.
(H) Meters. For each Lot in a Development, the size of the Lot shall determine the required
size of the meter. For each Lot that is less than %2 acre in size, a 3/4-inch meter shall be
required. For each Lot that is %2 acre in size or larger, a 1-inch meter shall be required.
(I) Meter Boxes. All meter boxes in the Development shall be 18-inch diameter, 72-inch
deep Mueller Thermal -Coil type meter boxes, or an acceptable equivalent meter box, for
(J)
use with the required meter. Each meter box shall be complete with a side locking cast
iron lid, an angle dual check valve, insulation pad, and one -inch lock wing full port ball
valve to be used as a shutoff.
Meter Box Placement. Each water meter box, with meter, shall be centered two feet from
the back of sidewalk within the utility easement in the middle of each lot, while maintaining
a horizontal separation of at least 10 feet from the sewer service line. In all cases where
the meter/meter box assembly is placed on private property, an easement must be provided
with the Final Plat that will allow City access to the meter/meter box assembly.
(K) Meter Box Grading and Initiation of Service. The meter lid is to be set at or within one
inch above finished grade level, which is defined as the same elevation as the back of the
sidewalk in most cases. The City may place a lock in the closed position of each ball valve
after the meter/meter box assembly is installed. Any such lock will remain in place until
the water account has been established with the City and the meter box installation is
approved and accepted by the City.
(L) Backflow Prevention. Backflow prevention devices shall be installed on each Lot served
by the City's water system, as required by and in accordance with Title 8, Chapter 2 of this
Code (including the specific requirements of Section 8-2-43), and the Idaho Department of
Environmental Quality requirements, including IDAPA 58.01.08. Backflow prevention
devices for residential lawn sprinkler systems shall be approved for use in Idaho.
(M)
Pressure Testing and Bacteriological Testing of Water Lines. All materials testing
(frequency, test standards, etc.) shall be in accordance with the Standard Specifications and
conducted by an independent testing firm. Developer's independent testing firm will
report all test results to the City Public Works Department (in writing, by email to
publicworksacityofiona.org) on a weekly basis throughout construction. A Professional
Engineer, employed by Developer, shall witness each pressure test segment and monitor
each segment proven bacteriologically safe. Developer and/or Project Engineer shall
notify the City's Public Works Department (in writing, by email to
publicworksAcityofiona.org) 24 hours in advance of each water pressure test so that a
representative of the City may, at the City's election, also be present during each test.
10-1-22: WATER AND SEWAGE FACILITIES.
(A) The developer shall design and construct all utility improvements and extensions in a
manner which ensures sufficient sanitary sewage disposal; storm drainage; and water
quality, quantity, and pressure for domestic use and fire protection. All water, sewage,
and stone drainage utility systems shall be designed in accordance with sound engineering
standards and the rules and regulations of the Idaho Department of Environmental Quality.
No construction on such utility systems may be commenced until the City Engineer and
the Idaho Department of Environmental Quality have approved the design of such system
in writing.
(B) Individual sewage systems or treatment plants may be used if such systems are not
otherwise prohibited by this Code and the design thereof is approved by the Idaho
Department of Environmental Quality, the Idaho Department of Health and Welfare, and
the City Engineer. In considering such systems, the City Engineer shall consider:
(1) The size of the Lot seeking to utilize an individual system;
(2) Whether there is a significant distance from sewer line;
(3) The proximity of the system to other water sources, land uses, and Lots; and
(4) Whether connecting to another sewage system is an economical or viable option.
(C) No Plat shall be accepted by the City or recorded unless the plat bears the necessary water
and sanitary certificates required by Idaho Code Sections 50-1326, 50-1334, and 31-3805,
as amended.
10-1-23: ELECTRICAL UTILITIES.
(A) All electrical distribution and service lines located outside the original townsite shall be
buried underground.
(B) The Developer of a Development shall depict the location of all street lights on the
Development improvement plans, which shall be approved by the City. After approval of
the Final Plat (including the improvement plans), the City shall coordinate with the
applicable electric utility provider to install, own, and maintain the street lights —utilizing
(as possible and recommended by the applicable electric utility provider) 33-foot wood
poles, LED type bulbs in cobra head lights, mounted on standard metal extension arms —
and other necessary related infrastructure. City shall cooperate with Developer to
coordinate with the applicable electric utility provider regarding the installation of the
street lights at a time appropriate and convenient to Developer's construction. Developer
shall pay all costs associated with the installation of the street lights and other necessary
related infrastructure. Developer shall also pay all costs associated with the ownership,
maintenance, and operation of the street lights by the applicable electric utility provider,
until the City accepts the public improvements on the Development.