Ordinance - 1983 - 088 - Regulations Of Subdivisions - 11/15/1983
,_:J-'
ORDINANCE NO.
RR
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO,
OR
THE REGULATION OF SUBDIVISIONS WITHIN THE CITY
EAG E;
SETTING FORTH GENERAL PROVISIONS REGARDING ADMI
THE ORDINANCE; DEFINING CERTAIN WORDS AND PHRAS
FORTH A PROCEDURE FOR OBTAINING APPROVAL OF A S
SETTING FORTH DESIGN STANDARDS, INCLUDING LOCATI
CATIONS FOR STREETS, INTERSECTIONS AND PEDESTRAI
AND PROVIDING FOR PUBLIC SITES AND OPEN SPACES;
IMPROVEMENT STANDARDS AND REQUIREMENTS,
REQUIRING A SUBDIVIDER TO PROVIDE A FINANCIAL GU
LIEU OF ACTUAL INSTALLATION OF IMPROVEMENTS, PRO IDIN
PENALTIES FOR FAILURE TO COMPLETE CONSTRUCTION;
D
PROVIDING FOR SPECIAL DEVELOPMENT CERTIFICATES,
HILLSIDE SUBDIVISIONS, PLANNED UNIT AND CONDOMIN
WITHIN FLOOD PLAINS AND SUBDIVISIONS WITHIN AREA
CONCERN; PROVIDING FOR VACATIONS, DEDICATIONS AN
PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDI
DMENT
PROCEDURES; PROVIDING A SEVERABILITY CLAUSE AND
DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL
EAGLE:
THE CIT
SECTION 1. That Chapter XVII of Ordinan
City of Eagle be and the same hereby is repea
No.10
d.
OF
the
SECTION 2. That the Ordinances of the C'ty of Eag e,
Idaho, be and the same are hereby amended by dditi n t ereto
of a NEW ORDINANCE, to be known and designate as 0 din nce
No. --- and to read as follows:
-'
CHAPTER 1
GENERAL PROVISIONS
SECTION 1. SHORT TITLE. This ordinance shall be nown
and may be cited as the "Subdivision Ordinanc of t e C ty
of Eagle, Idaho."
SECTION 2. AUTHORITY. These regulation
by Title 50, Chapter 13 of the Idaho Code; Ti
65 of the Idaho Code; and Article 12, seciton
Constitution, as amended or subsequently codi
uth rized
Ch pter
he daho
SECTION 3. PURPOSE. The purposes of th
are to promote the public health, safety and
and to provide for:
ions
fare,
(a)
The harmonious development of the C ty of Eag e and
its area of impact;
(b)
The coordination of streets and roa s wit in subdivision
with other existing or planned stre ts an ro ds;
d s nitary
(c)
(d)
Adequate open space for travel, 1ig
Adequate transportation, water drai
facilities;
an
recreation;
(e)
The avoidance of the scattered subd visio of land
that would result in either of the ollow ng:
(1)
The lack of water supply, sewe serv ce, drainage,
transportation or other public servi es; or
(2)
The unnecessary imposition of
of public funds for the supply
(? '\
e expenditure
rvices;
(f)
(g)
(h)
The requirements as to the extent an
in which:
(1)
(2)
Roads shall be created, improve
Water and sewer and other utili
connection, or other facilities
the
and
ained;
iping
nstalled;
The manner and form of making and fi ing 0
and
SECTION 5. INTERPRETATION. All subdivis
defined shall be submitted for approval by the
shall comply with the provisions of these regu
regulations shall supplement all other regulat
at variance with other laws, regulations, ordi
the more restrictive requirements shall apply.
The administration of these regu1ati
the powers and duties of approving a
SECTION 4. JURISDICTION. These regu1ati ns sh II
to the subdivision of land within the corporat 1imi s 0
including the property outside the corporate 1 mits f E
. as defined by Eagle and Ada County under the r quire ent
Section 50-1306, Idaho Code, as amended, and 6 -6526 Id
Code, as amended.
SECTION 6. ADMINISTRATION. The council
an administrator to carry out the provisions a
and to serve at the pleasure of the council.
shall receive and process all subdivision app1
plats;
pp1y
Eagle,
gle
of
ho
ons a he ein
counc 1 a d
ation. hese
ons, nd here
ances or eso1utions,
ppo nt
n s ecified
ini trator
s.
CHAPTER 2
DEFINITIONS
SECTION 1. INTERPRETATION OF TERMS OR WO DS.
words used herein shall be interpreted as fol1 ws:
(a)
(b)
(c)
or
The present tense includes the past r fut re ense,
the singular includes the plural and the p ura includes
the singular;
The word "shall" is mandatory; "may" is pe
and the word "should" is preferred; nd
is ive;
The masculine shall include the femi ine.
(3)
SECTION 2.
DEFINITIONS.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
As used in this
"Administrator" means an official, h
in the principles and practices of s
is appointed by the city council to
ordinance.
ledge
, who
this
"Alley" means a minor street providi
access at the back or side of a prop
abutting a street.
"Arterial" means a street designate for
of carrying fast and/or heavy traff' .
"Block" means a group of lots, trac
within well-defined boundaries, usu
"Building" means a structure design
the living quarters for one or more
a structure designed for use as an
structure used for living quarters
designed for commercial or industri
sed as
or
0 a
ure
"Building set line" means an imagin
by a zoning ordinance that requires
to be set back a certain distance f
e e tab1ished
i1d ngs
1i es.
"Building site" means an area propo
and improved by grading, filling, e
means for erecting pads for bui1din
"Cemetery" means a lot that has bee
the selling of sites for the burial
human remains.
ided
r other
(i)
(j)
(k)
"City" means the City of
em)
"Comprehensive plan" means an adopt
herein may be referred to as a comp
or comprehensive development plan.
"City Council" means the City Counc
"Collector Street" means a street d signa ed
the purpose of carrying traffic fro mino st
to other collector streets and/or a teria st
(1)
"Commission" means the planning and
of the city.
ission
(4)
(n)
(0)
(p)
(q)
"Condonimium" means an estate consis
interest in common in real property,
or interests in real property. or in
thereof; together with a separate in
property, in an interest or interest
or in any combination thereof.
ing of a undivided
in a interest
any comb' ation
eres in real
in ea1 roperty
"Cul-de-Sac" means a street connect
street at one end only and provided
space at its terminus.
"County Recorder" means the office 0
Recorder.
the Ada County
"Covenant" means a written promise 0
(r) "Culvert" means a drain that channe
a bridge, street, road or driveway.
(s) "Dead end street" means a street co
street at one end only and not havi
vehicular turn around at its termin s.
(t)
another
n for
"Dedication" means the setting apar
in land for use by the public by or
or entry in the official minutes as
of a plat. Dedicated land becomes
acceptance by the city.
r interests
, r solution
re ording
upo the
(u)
"Developer" means authorized agent(
or the subdivider himself.
su divider
(v)
"Dwelling unit" means any building
proposed or built for occupancy by
s ructure
(w)
"Easement" means a grant by a prope
persons or to the public to use 1an
purposes. Also, a right acquired b
er 0 specific
pec fic
rip ion.
(x)
"Engineer" means any person who is
State to practice professional engi
"Flood plain" means the relatively
land adjoining the channel of a riv
or other body of water which has be
by water of a flood of one hundred
The flood plain includes the channe
the
(y)
r low
, lake
e covered
frequency.
or
(d
(z)
(aa)
(bb)
(cc)
(dd)
f1oodway fringe, as established purs
practices of the 1J.S. Army Crops of
follows:
(1)
"Flood of one hundred (100) yea
means a flood magnitude which
(1%) chance of being equalled
any given year;
(2)
"Flood" means the temporary in
adjacent to and inundated by 0
river, stream, lake or other b
(3)
"Channel" mans a natural or ar
of perceptible extent, with de
banks to confine and conduct c
periodically flowing water;
1 w tercourse
bed and
us1 or
"F100dway" means the channel 0 a ri er
watercourse and the adjacent 1 d ar as
must be reserved in order to d'schar e t
flood without cumulatively inc easin th
surface elevation more than on foot
r other
hat
e base
water
(4)
(5)
"F1oodway fringe" means that p
plain which is beyond the floo
includes those portions of the
will be inundated by a flood 0
(100) year frequency.
"Frontage street" means a minor str
to and adjacent to an arterial stre
access to abutting properties.
"Governing body" means the City Cou
of Eagle, Idaho.
"Highway" means a street designated
by an appropriate State or Federal
"Hillside subdivision" means any su
portion thereof, having an average
(10%) or more.
"Improvement" means any alteration
other physical construction's assoc
and building site developments.
(~
rt of the flood
Mlay. Suc areas
flood p1a n which
one und ed
City
or
subdivision
(ee)
(ff)
(gg)
(hh)
(ii)
(jj)
(kk)
(11)
"Large scale development" means a s
size of which consists of fifty (50)
or dwelling units.
the
ots
"Loop" means a minor street in both termi al
on the same street of origin.
"Lot" means a parcel, plot, tract 0
of suitable size as required in the
and the existing zoning ordinance;
subdivision for sale, transfer or 1
"Lot area" means the area of any 10
exclusive of street, highway, alley
of way of record.
"Lot types" as used in these regula
are as as follows:
(1)
"Corner lot" means a lot locat
of two (2) or more streets.
(2)
"Interior lot" means a lot oth
lot with frontage on only one
than a corner lot.
(3)
"Through lot" means a lot with
than one (1) street other than
"Major subdivision" means any subdi
to qualify as a minor subdivision,
not limited to subdivisions of two
or any size subdivision requiring a
or extension of the local governmen
or the creation of any public impro
la d area
tat ons
ate by
shal be determined
road or ights
lot types
he
ntersection
n more
ot.
ision not able
nc1ud'ng ut
2) or mor lots,
y new str et
faci iti s,
ement .
"Minor street" means a street which has
purpose of providing access to abut ing
imary
ties.
"Minor subdivision" means any subdi
not more than ten (10) lots frontin
street. Not involving any new stre
the extension of municipal faci1iti
of any public improvements, and not
the remainder of the parcel or adjo
and not in conflict with any provis
of the comprehensive plan, official
or this ordinance.
( 7)
isio
on
t or
s, 0
adve
ning
on 0
map,
(mm)
(nn)
(00)
(pp)
(qq) .
(rr)
(ss)
(tt)
"Mobile home" means a detached
unit with all of the following
(1)
Designed for long-term occupanc and con
sleeping accommodations, a flus toi et,
or shower bath and kitchen faci itie wi
and electrical connections pro 'ded or
to outside systems;
(2)
Designed to be transported aft
on its own wheels, or on flatb
or detached wheels; and
Arrived at the site where it i
as a dwelling complete, inc1ud'
and furniture, and ready for 0
for minor and incidental unpac
operations, location on founda
connection to utilities and th
oc upied
or ppliances
y e cept
d a semb1y
ppo ts,
(3)
Mobile home subdivision" means a su
and intended for exclusive mobile h
use.
Monument" means any permanent marke
galvanized iron pipe, or iron or st
to identify any tract, parcel, lot
as specified in Section 50-1303, Id
esigned
tia1
concrete,
sed
ines,
"Open space" means an area open to
recreation activity exclusive of st
or other covered structures.
fo outdoor
bui dings
"Original parcel of land" means a 1
recorded on any plat or record on f
of the county recorder, or any unp1
parcel of land held in one ownershi
date of this ordinance.
rac as
the office
ont'guous
th effective
syndicate,
, legal
"Owner" means an individual, firm,
partnership or corporation having a
or equitable, in the land to be sub
"Partial right of way" means a dedi ated igh -of-
way providing only a portion of the requi ed treet
width, usually along the edge of a ubdi isio or
tract of land.
"Performance bond" means an amount
negotiable security paid by the sub
.Q.
r other
his
(uu)
(vv)
(ww)
(xx)
(yy)
(zz)
surety to the city clerk which guar
subdivider will perform all actions
governing body regarding an approve
that if the subdivider defaults and
with the provisions of an approved
or his surety will pay damages up t
the bond, or the surety will itself
requirements of the approved plat.
tees tha
equi ed
plat an
ails to
at, he
the imi
comp1 te
the
y the
provides
omply
ubdivider
of
he
sio designed
1 a d industrial
r a tract
ngl ownership
pos of
fr nting
in lude
"Planned unit development" means a
as a combination of residential, co
uses or any combination thereof p1a
of land to be developed as a unit u
or control, which is developed for
selling individual lots or estate,
on private or dedicated streets, wh
two or more principal buildings.
"Plat" means the drawing, mapping 0 plan ing of
a subdivision, cemetery, townsite 0 othe tr ct
of land or a re-platting of such in 1udin ce tifications,
descriptions and approvals includin the 011 wing:
(1)
"Preliminary plat" means the f
by drawings of a proposed subd
presentation
d
(2)
"Final plat" means the final a
by drawings of an approved sub
the original and one (1) copy
with the County Clerk and Reco
a1 resentation
n d velopment,
h i filed
"Private street" means a street tha
for public use or maintenance which
and pedestrial access.
t a cepted
es ehicu1ar
"Reserve strip" means a strip of 1a
street and adjacent property, which
held in public ownership for future
or widening.
"Right-of-way" means a strip of lan dedi ate or
reserved for use as a public way, w ich n rma ly
includes streets, sidewalks and oth r pub ic ti1ities
or service areas.
"Standard specifications" means the
as specified in this ordinance or a
by the city.
ions
yadopted
, -,
(aaa)
(bbb)
(ccc)
(ddd)
"State" means the State of Idaho.
"Street" means a right of way which rovi es
to adjacent properties, the dedicat' n of whi
been officially accepted. The term "stre t"
includes the terms highway, thoroug are,
road, avenue, boulevard, lane, plac and
terms.
"Subdivided" means the individual, irmt
partnership, associationt syndicatet trus
legal entity that executes the app1 catio
proceedings for the subdivision of and i
with the provisions of this ordinan e. T
need not be the owner of the proper y; ho
shall be an agent of the owner or h ve su
proprietory rights in the property 0 rep
owner.
orp ration,
or other
an initiates
ac ordance
e s bdivider
eve, he
fic ent
ese t the
"Subdivision" means the result of a act
an original lot, tract or parcel of land
than two (2) parts for the purpose f tra
ownership or development; which sha 1 a1s
the dedication of a public street a d the
to, or creation of, a cemetery. Su divis
be divided into minor subdivisions, major
and large scale developments, as th se te
defined in this ordinance. However this
shall not apply to any of the fo110 ing:
f d viding
nto more
sfe of
in 1ude
add tion
ons shall
sub ivisions
ms re
ord nance
(1)
An adjustment of lot lines as
plat which does not reduce the
width, depth or building set-b
building site below the minim
and does not change the origin
in any block of the recorded p
An allocation of land in the s
estate of a decedent or a cour
distribution of property;
(2)
(3)
The unwilling sale of land as
condemnation as defined and a1
Code;
(4)
Widening of existing streets t
Comprehensive Plan;
(1 1 '\
n a recorded
fro tage,
es f each
g r quirements,
er f lots
con
legal
e Idaho
(eee)
(fff)
(ggg)
(hhh)
The acquisition of street righ s-of- ay
public agency in conformance w'th th Co
Plan; and
(5)
(6)
The exchange of land for the p
property boundaries which does
the change of the present land
pose of traightening
ot r su1 in
seag .
Surveyor" means any person who is l'cense in the
state as a public land surveyor to prof ssi na1
surveying.
"Utilities" means installations for
sewage, gas, electricity, te1evisio
and similar facilities providing se
by the public.
"Variance" means a modification of
of this ordinance as to lot size, 1
depth, front yard, side yard, rear
parking space, height of buildings,
provision affecting the size or sha
or the placement of the structure u
size of lots. A variance shall not
a right or special privilege, but m
to an applicant only upon a showing
because of characteristics of the s
is not in conflict with the public
"Vicinity map" means a small-scale
location of a tract of land in rela
area.
(12)
water,
ter
d used
uir ments
rag, width,
etb cks,
er rdinance
st ucture
r the
red
ed
ardship
variance
the
arger
CHAPTER 3
PROCEDURE FOR SUBDIVISION
SECTION 1. SUBDIVISION APPROVAL REQUIRED.
siring to create a subdivision as herein define
all necessary applications to the administrator
shall be filed with county recorder or improvem
the property until the plat has been acted upon
and approved by the city council. No lots shal
the plat has been recorded in the office of the
Any
shal
No
nts m
by th
be s
count
ers n de-
su mit
ina plat
de n
co ission
Id ntil
re order.
SECTION 2.
PRE-APPLICATION PROCEDURE PERM TTED.
(a)
Application. The subdivider may subm
to enable the administrator to review
the proposed subdivision. The pre-ap
include at least one (1) copy of a sk
sketch plan shall include the entire
scheme of the proposed subdivision, i
and including the following:
( 1)
The general layout and approxima
of streets, blocks and lots in s
(2)
The existing conditions and char
the land on and adjacent to the
division site; and
tap e-a
and c mme
licat'on
tch pan.
evelo men
sche ati
plication
t on
hall
The
al
form
(3 )
The areas set aside for schools, parks and
other public facilities.
(b)
(c)
None required.
Fee.
Administrator Action. The administra
the subdivider within fifteen (15) da
of receipt of an acceptable pre-appli
general conformance or nonconformance
with this ordinance, shall provide th
and check lists and shall comment on
( 1)
Compliance of the proposed devel
existing local or state governme
objectives or comprehensive plan;
(2 )
Determination if additional spec
ordinance conflicts, such as rez
development permit or variance,
the manner of coordinating such
J'1 .., '\
(3)
(4)
SECTION 3.
Consideration of any unique envi onme tal
or hazardous concerns that may b directl
directly associated with the sub'ect rop
as areas that have been designat d by the
Idaho as areas of critical envir nmen al
unique plant or animal life, flo d pl in,
flight pattern and the like;
features
or in-
rty, such
State of
Consideration of other local and stat
agencies that the subdivider sho ld c
preparing a preliminary plat.
PRELIMINARY PLAT.
The proposed subdivision
(10) lots;
Application. The subdivider shall fi
strator a complete subdivision applic
preliminary plat data as required in
(a)
Combining Preliminary and Final Plats
The applicant may request that the su
be processed as both a preliminary a
all the following exist:
subdivisions.
application
at if
(b)
( 1)
(2 )
(3)
(4 )
(5)
No new street
involved;
No major special development co
involved such as development in
hillside development or the like;
All required information for bo
and final plat is complete and'
form; and
The proposed subdivision is not
the comprehensive plan or any p
zoning ordinance of the City of
t with
the
A request to combine both preliminary plat and
one application shall be acted upon by the co
mendation of the zoning administrator.
into
n recom-
Contents of Preliminary Plat. The c
preliminary plat and related informa
in such a form as stipulated by the
however, any additional maps or data
of the
all be
unc'l;
ne essary
(c)
(1 I. \
by the administrator may also be requ' ed. The sub-
divider shall submit to the administr or a le st
the following:
( 1)
(2)
(3 )
(4 )
six (6) copies of the preliminar plat of he
proposed subdivision, drawn in a corda ce ith
the requirements hereinafter sta ed: ach copy
of the preliminary plat shall be on go d q ality
paper, shall have dimensions of ot le stan
twenty-four (24) inches by thirt -six 36) inches,
shall be drawn to a scale of not less han one
(1) inch to one hundred (100) fe t, sh 11 how
the drafting date, and shall ind'cate her on,
by arrow, the generally northerl dire tio ;
Six (6) sets of preliminary engi
(not meant to be cross sections
for streets, water sewers, sidew
required public improvements; ho
neering plans shall contain suff
and detail to make a determinati
mance of the proposed improvemen
regulations, ordinances and stan
A written application requesting
the preliminary plan; and
Appropriate information that suf
the proposed development within
ment area, such as hillside, pla
ment, flood plain, cemetery, mob
scale development, hazardous and
development.
(d)
Requirement of Preliminary Plats.
be submitted separately:
pl ns
ile designs)
d 0 her
suc engi-
inf rmation
0 c nfor-
ppl cable
Th
shall
f
etail
develop-
evelop-
arge-
as of
( 1)
(2 )
The name of the proposed subdivi ion;
The name, address and telephone
the subdivider or subdividers an
or surveyor who prepared the pla ;
(3 )
The name and address of all adjo
property and residents within th
feet of the external boundaries
considered, whether or not bisec
right-of-way as shown on record
assessor's office;
(15 )
ning wne s of
ee hundre (300)
f the la being
ed by a p blic
n the co nty
(4 )
(5)
(6 )
(7 )
(10 )
( 11)
( 12)
(13)
The legal description of the sub
The statement of the intended us
posed subdivision, such as resid
family, two (2) family and multi
commercial, industrial, recreati
cultural and a designation of an
for parks, playgrounds, schools,
other public uses;
A map of the entire area schedul
if the proposed subdivision is a
larger holding intended for subs
A map shall be submitted showing
existing buildings, water bodies
the location of currently dedica
point where they adjoin and/or a
adjacent, provided that actual m
shall not be required;
A vicinity map showing the relat
proposed plat to the surrounding
mile minimum radius, scale optio
of t
ntial
Ie ho
nalo
site
churc
,
ag i-
pr posed
es r
d for
porti
quent
the 1
or co
ed st
dev lopment
n 0 a
dev lopment.
cat'on of
rse , and
eet at the
dia ely
di tances
the
half
(8)
The land use and existing zoning of th
subdivision and the adjacent Ian;
(9)
Streets, street names, rights-of
widths, including adjoining stre
Lot lines and blocks showing the
numbers of each;
Contour lines, shown at five (5)
where land slope is greater than
and at two (2) foot intervals wh
ten percent (10%) or less, refer
lished bench mark, including loc
A site report as required by the
district where individual wells
are proposed;
Any proposed or existing utiliti
not limited to, storm and sanita
tion laterals, ditches, drainage
water mains, fire hydrants, and
profiles;
I' ~ '" '\
and
vals
t (10%)
ope is
estab-
levation;
lud"ng, but
rs, irriga-
ges, culverts,
esp ctive
(14)
(15 )
(16)
( e)
(f)
Any dedications to the public an lor e
together with a statement of loc tion,
and purpose of such;
Any additional required informat on fo sp cial
developments as specified in cha ter 6 of his
ordinance; and
A statement as to whether or not
specified in chapter 8 of this 0
requested with respect to any pr
ordinance describing the particu
variance requested, and the reas
Fee. At the time of submission of an
preliminary plat a fee as established
fee schedule of the City of Eagle sha
shall be no additional fee for the co
preliminary and final plats.
Administrator Review.
(1)
Certification. Upon receipt of
plat and all other required data
herein, the administrator shall
cation as complete and shall aff
application acceptance thereon.
shall schedule a public hearing
and zoning commission which hear
within 45 days of the date of ce
complete application.
, as
ill be
this
the
lim'nary
vid d for
th appli-
dat of
min'strator
the planning
11 e held
tio of a
Review by Other Agencies. The a ministrat r shall
refer the preliminary plat and a plication to as
many governmental agencies as de med n cessary.
Such agencies may include the fo lowin :
(2 )
(i)
Other governing bodies havi g joint
jurisdiction;
(ii)
The appropriate utility
irrigation companies or
drainage districts;
(iii)
The superintendant of the s hool dis rict;
and
(iv)
Other agencies having an in eres
the proposed subdivision.
in
(1. 7)
(g)
(3)
The zoning administrator shall p
transmittal as provided in subpa
above will be returned within 15
end of the lS-day period, the ad
prepare a recommendation to the
agency responses shall be suppli
administrator to the planning an
Public Notice.
( 1)
Notice to Property Owners. The
notify all adjoining property ow
and addresses have been provided
Such written notice shall be mai
mail at least fifteen (15) days
commission meeting.
vide
grap
ays.
inist
mmis
by
zoni
tha any
(f) (2)
At the
ato shall
ion All
he oning
g c mmission.
tra or shall
ose names
su divider.
fir t-class
0 t e
Failure to Notify. The administ ator' fa lure
to comply with the notice provis on sh 11 ot
invalidate the commission's acti n, pr vid d the
spirit of the procedure is obser ed.
(2 )
(h)
Commission Action.
( 1)
Commission's Findings. In deter
acceptance of a proposed subdivi
shall consider the objectives of
and at least the following:
(i)
The conformance of the subd
the comprehensive developme
(ii)
The availability of public
accommodate the proposed de
(iii)
The continuity of the propo
with the capital improvemen
(iv)
The public financial capabi
supporting services for the
development; and
(v)
The other health, safety or envi
problems that may be brough to
attention.
(2)
Action on Preliminary Plat. The
recommend approval, conditional
approval, or tabling for a perio
thirty-five (35) days. Such ac
within thirty-five (35) days of
(J 8)
(i)
(j)
regular meeting at which the pIa
sidered by the commission. The
reasons for such action shall be
by the administrator, and forwar
The administrator shall also for
of the action taken and the reas
together with a copy of the prel
council for their action. Upon
a preliminary plat the commissio
is f
ction
state
ed to
ard a
ns fo
minar
ranti
shal
rst con-
an the
in writing
the applicant.
sta ement
su h action
pI t to the
g 0 denying
sp cify:
(i)
The ordinance and standards used 'n
evaluating the application;
(ii)
The reasons for recommendin
or denial; and
appr val
(iii)
The actions if any, that th appl'can
could take to obtain a perm t.
( 3)
Action on Combined Preliminary a
If the commission's conclusion i
the subdivider's request for the
be considered as both a prelimin
final plat, then a recommendatio
warded to the city council in th
herein specified for a final pIa
may recommend that the combined
approved, approved conditionally
Council Action. Within forty-five (4
of the commission's recommendation an
notice and hearing requirements as se
subparagraphs (f) and (g) of this cha
council shall make findings as requir
subparagraph (h) (2) of this chapter.
shall approve, approve conditionally
preliminary plat within thirty (30) d
hearing conducted to consider the co
dation.
Approval Period.
(1)
Failure to file with and obtain
of the acceptance of the final p
by the administrator within one
action by the city council shall
of said preliminary plat to be n
less an extension of time is app
subdivider and granted by the ci
( ,1.9)
at.
to
n to
d
for-
er as
mission
be
oved.
(2)
In the event that the development
1iminary plat is made in successi
segments in an orderly and reaso
conforms such segments, if submi
successive intervals for one (1)
sidered for final approval witho
for preliminary plat approval.
SECTION 4.
FINAL PLAT.
(a)
Application. After the approval or c
of the preliminary plat, the subdivid
total parcel or any part thereof, to
final plat prepared in accordance wit
liminary plat. The subdivider shall
administrator the following:
(1) Three (3) copies of the final pl
(2) Three (3) copies of the final en
struction drawings for streets,
sidewalks and other public impro
(b)
Content of Final Plat. The final pla
be in compliance with all items requi
Chapter 13 of the Idaho Code and shal
a scale and contain lettering of such
the same to be placed on one (1) shee
inch by twenty-four (24) inch drawing
part of the drawing nearer to the edg
The reverse of said sheet shall not b
portion of the drawing, but may conta
as to dedications, certifications or
The final plat shall include at least
(1)
A written application for approv
plat as stipulated by the city c
nal approval
cau e the
eye and a
ppr ved pre-
to he
shal in
ed un er
be dawn
size s t
of e ght
paper wi
than one
used for
n wri ten
ther °nfo
the f 110
lude and
itle 50,
at such
enable
en (18)
h no
(1) inch.
any
matter
mation.
ing:
final
(2)
Proof of current ownership of th real pro erty
included in the proposed final pat;
(3)
Such other information as the ad
city council may deem necessary
whether or not all proper partie
and/or approved said final plat;
(4 )
Conformance with the approved pr
and meeting all requirements or
(5)
Conformance with all requirement
of this ordinance;
(20)
lat
thereof;
and
(c)
(d)
(6 )
Acceptable engineering practices and 1 cal standards;
and
(7 )
The plat shall show building sit s on
adjusted to set-back requirement.
Fee. At the time of submission of an
a final plat, a fee as established in
Schedule of the City of the City of E
Administrator Review.
( 1)
Acceptance. Upon receipt of the
compliance with all other requir
for herein, the administrator sh
application as complete and shal
of acceptance thereon.
(2)
Resubmission of Final Plat. The
review the final plat for compli
or conditionally approved prelim
administrator determines that th
difference in the final plat tha
approved as a preliminary plat 0
have not been met, the administr
that the final plat be submitted
and city council in the same man
the preliminary plat process.
ati n for
fic"al Fee
all be paid.
final pIa, and
ments as rovided
11 ce tif the
affi th date
Submission to the City Council. Upon
nation that the final plat is in comp
the preliminary plat and all con itio
have been met, the administrator shal
the final plat on the city counc'l ag
forty-five (45) days from the da e th
able final plat application was
edged by the administrator.
( 3)
( e)
Agency Review. The administrator may
copy of the final plat, or other doc
for review and recommendation to the
agencies as he deems necessary to ins
with the preliminary approval and/or
liminaryapproval. Such agency revi
clude the construction standards of .
compliance with health standards, th
for all improvements and the legal r
performance bond.
(21)
tran
ents
epar
re c
ondi
sha
prov
cost
iew
(f)
City Council Action. The city counci at i
meeting following receipt of the admi istra
shall consider the commission's findi g, an
from concerned persons and agencies t arri
decision on the final plat. The city counc
approve, approve conditionally, disap rove
the final plat for additional informa ion w
thirty (30) days of the date of the fOrst r
meeting at which the plat is consider d. A
the approved plat shall be filed with the a
Upon granting or denying the final pI t the
shall specify:
( 1)
The ordinance and standards used in
the application;
(2)
(3)
The reasons for approval or deni
The actions, if any, that the ap
could take to obtain a permit.
(g)
Approval Period. The final plat shal
the county recorder within one (1) ye
approval by the city council. Otherw
shall become null and void unless the
to said expiration date, applies for
time and such extension is granted by
(h)
Method of Recording. Upon approval 0
by the city council, the subdivider's
recording fees, posting of surety bon
able guarantee and the inclusion of t
and signatures on the final plat as s
4 (i) below, the subdivider shall fur
administrator that the final plat has
(i)
The following certifications and sign
included on the final plat prior to r
county recorder:
( 1)
Certification and signature of
verifying that the subdivision
(2)
Certification and signature of t
the city engineer verifying tha
meets the requirements of the Ci
has been approved by the city c
(3)
Certification of the sanitation
the face of the plat in accorda
provisions of section 50-1326, I
(22)
s n xt
or' report
co ents
e a a
1 saIl
r t ble
thi
gul
cop
min
cit
r
of
strator.
council
with
itten
proval
, prior
n of
ouncil.
plat
of
accept-
ications
section
to the
ded.
CP.APTF.R 4
DESIGN STAì-IDARDS
SECTION 1. MINIMill1 DESIGN STA1'.IDARDS REQU RED. plats
submitted pursuant to the provisions of this 0 dina ce, and
all subdivision, improvements and facilities d ne, ons ructed
or made in accordance with said provisions sha 1 co ply ith
the minimum design standards set forth in this chap er; provided.
however, that any higher standards adopted by ny h'ghw y district,
the Idaho Transportation Department or health genc sh 11 prevail
over those set forth herein.
SECTION 2. DEDICATION. Within a propose
arterial and collector streets, as shown on t
plan, shall be dedicated to the public in all
all other streets also shall be dedicated to p
SECTION 3. LOCATION. Street and road 10
to the following standards:
(a)
Street Location and Arrangements.
street plan or comprehensive develop
been adopted, subdivision streets s
such plans;
Minor Streets. Minor streets shall
as to discourage their use by throu
(b)
(c)
Stub Streets. Where adjoining areas
the arrangement of streets in new s
be such that said streets extend to
of the tract to make provisions for
of said streets into adjacent areas,
cul-de-sac or temporary cul-de-sac.
may be required and held in public
Relation to Topography. Streets sh
in proper relation to topography so
usable lots, safe streets and accep
(d)
(e)
Alleys. Alleys shall be provided i
or commercial subdivisions unless 0
are made for service access and off
and parking. Dead-end alleys shall
in all cases;
(f)
Frontage Roads. Where a subdivisio
an arterial street, it shall be req
(23)
ubdivided,
shall
ry line
extension
have a
street
dwelling
ions
ding
ted
or contains
hat there
(g)
(h)
(i)
be frontage roads approxi~ately para
each side of such arterial street; 0
treatment as is necessary for the ad
of residential properties and to Bep
traffic from local traffic;
Cul-de-Sac Streets. Cul-de-sac stre
be more than five hundred (500) feet
shall terminate with an adequate tur
a minimum radius of fifty (50) feet
Private Streets.
be prohibited.
Private streets a
ot
and
ing
of -way;
Half Streets. Half streets shall be
where unusual circumstances make suc
the reasonable development of a trac
with this ordinance and where satisf
for dedication of the remaining part
is provided. Whenever a tract to be
on an existing half or partial stree
of the street shall be dedicated wit
and
SECTION 4.
SPECIFICATIONS.
(a)
(b)
Street and road right-of-way widths,
and so forth, shall conform to the
plan or comprehensive plan and the
Transportation Department and the A
District or other agency having jur'
Notwithstanding section 4(a) above,
frontage road onto an arterial stre
to 1500 feet between points.
, a ignment,
ma'or street
f t e Idaho
ty ighway
on.
(b)
s reets
sh 11 be
cces fr m a
sha 1 b limited
SECTION 5. STREET NAMES. The naming of
conform to the following standards:
(a)
A street name shall not duplicate a
name within the county except where
a continuation of an existing stree
that may be spelled differently but
as existing street names shall not
All new streets shall be named as f
having predominately north-south di
exi tin street
new str et is
. St eet names
sound the same
use; a d
(24)
named "avenue" or "roadj" streets ha
east-west direction shall be named"
meandering streets shall be named "d
"path" or "trail," and cul-de-sacs s
"circle," "court" and "place."
ominate1y
"waYj"
e,"
ed
SECTION 6. INTERSECTIONS.
to the following standards:
Intersections shall
(a)
(b)
(c)
(d)
(e)
Angle of Intersection. Streets sha1 int rse t at
ninety (90) degrees or as closely th reto as possible,
and in no case shall streats interse t at less than
seventy (70) degreesj
Sight Triangles. Minimum clear sigh
all minor street intersections shall
to be visible to the driver of anoth
each is one hundred (100) feet from
the intersectionj
Number of Streets. No more than tw
cross at anyone (1) intersectionj
at
hic1es
when
of
"T" Intersections. "T" intersectio
wherever such design will not restr
of traffic.
Centerline Offsets. Street center1' es s all be offset
by a distance of at least one hundr twe ty- ive
(125) feet; and
Vertical Alignment of Intersection. A ne
grade with appropriate drainage s10 es is
within intersections. This flat se tion
extended a minimum of one hundred ( 00) f
way from the intersection. An all ance
(2%) maximum intersection grade in ollin
and four percent (4%) in hilly terr
SECTION 7. PEDESTRAIN WAL~~AYS. Right- f-way
walkways in the middle of long blocks may be equir
necessary to obtain convenient pedestrain cir u1ati
parks or shopping areas; the pedestrain easem nt sh
least ten (10) feet wide.
r1y flat
des rab1e
ha1 be
et ach
f t 0 percent
te rain,
11 e permitted.
for pedestrain
d were
n t schools,
11 e at
(f)
SECTION 8. EASEMENTS. unobstructed uti ity e
shall be provided along front lot lines, rear lot 1
(25)
side lot lines when deemed necessary; total eas
not be less than twelve (12) feet. Unobstructe
easements shall be provided as required by the
natural drainage courses shall be left undistur
in a manner which will improve the hydraulics a
tenance of the channel.
idt shall
age way
unc 1. All
be'mproved
of main-
SECTION 9. BLOCKS. Every block shall be 0 des'gne
provide two (2) tiers of lots, except where lot back ont
arterial street, natural feature or subdivision bound ry.
shall not be less than five hundred (500) feet ong i al
as to
an
Blocks
cases.
SECTION 10.
standards:
LOTS.
Lots shall conform to
he fo low"ng
(a)
(b)
(c)
zoning. Lots within any subdivision
in all respects with the Official Hei
Regulations as set forth in Article V
No. 40 of the City of Eagle.
(a)
omp y
Ar a
ina ce
Future Arrangements. Where parcels 0
subdivided into unusually large lots
large lots are approved for septic ta
shall be divided, where feasible, so
future resubdividing into smaller par
arrangements shall allow for the ulti
of adjacent streets through the middl
Whenever such future subdividing or I
contemplated the plan thereof shall b
the city council prior to the taking
and
Sufficient Area for Septic Tank. Whe
septic tanks have been authorized suf
shall be provided for a replacement s
system.
SECTION 11. PLANTING STRIPS AND RESERVE S
strips and reserve strips shall conform to the
Planting Strips. Planting strips sha
to be placed next to the incompatible
as highways, railroads, commercial 0
to screen the view from residential
screening shall be a minimum of twen
and shall not be a part of the normal
of-way or utility easement; and
(b)
Reserve Strips.
(26)
(1)
serve
be
Private Reserve Strips. Privat
strips controlling access to st
prohibited; and
Public Reserve Strips. A one ( ) foo
may be required to be placed a1 ng ha
which are within the subdivisio boun
shall be deemed in fee simple t the
future street widening.
re erve
f s reets
ari sand
ity for
(2)
SECTION 12. PUBLIC SITES AND OPEN SPACES
and open spaces shall conform to the following
(a)
(b)
Public Uses. Where it is determined
park, playground, school or other pu
on the future acquisition map, as au
67-6517, Idaho Code, is located in w
within a proposed subdivision the ci
notify the appropriate public agency
land proposed to be acquired. Withi
days of the date of notice, the pub1
request the governing body to suspen
on the subdivision for sixty (60) da s.
is not reached within sixty (60) day the
shall resume consideration of the au divi
(c)
Natural Features. Existing natural
add value to residential development
attractiveness of the community (su
historic spots and similar irrep1ac
be preserved in the design of the s
Special Developments. In the case p1a
developments and large scale deve10 ents
council may require sufficient publ'c and
park or open space facilities of ac eptab
location and site characteristics t at ma
for the proposed development.
hich
ce the
, watercourses.
s) shall
and
ned unit
the city
or rivate
e s ze,
be suitable
(27)
CHAPTER 5
IMPROVEMENT STANDARDS
SECTION 1. RESPONSIBLITY FOR PLANS. It
sibi1ity of the subdivider of every proposed s
have prepared by a registered engineer, a comp
plans, including profiles, cross-section, spec
other supporting data, for all required public
and other facilities. Such construction plans
on preliminary plans which have been approved
plat, and shall be prepared in conjunction wit
Construction plans are subject to approval by
public agencies. All construction plans shall
accordance with the public agencies' standards
(e)
Installation of Public Utilities.
are required;
e respon-
to
construction
and
s, ti1ities
be ased
e p eliminary
ina plat.
pon ib1e
par d in
cif'cations.
SECTION 2. REQUIRED PUBLIC IMPROVEMENT.
shall be required to install the following pub
improvements in accordance with the following
specifications:
ivider
er
and
(a)
(b)
(c)
(d)
Honuments. Monuments shall be
section 50-1303, Idaho Code.
Streets and Alleys. All streets and
be constructed in accordance with th
specifications adopted by the Ada Co
Curbs and Gutters. Vertical curbs a
be constructed on collector and arte
Rolled curbs and gutters shall be r
streets. All construction shall be
with the standards and specificatio
Ada County Highway District;
Bicycle Pathways. A bicycle pathwa
within all subdivisions, as part of
of-way or separate easement, as may
the city council;
shal be provided
he p bli right-
e sp cif ed by
derg oun
utilities
(f)
Driveways. All driveway openings a d cur s saIl
be as specified by the Ada County H ghway Dis rict
or the Idaho Transportation Departm nt;
Storm Drainage. An adequate storm raina e s stem
shall be required in all subdivisio s. T e r quirements
(g)
(28)
(h)
for each particular subdivision shall e est bli hed
by the Ada County Highway District. C nstru tio
shall follow the specifications and pr cedur s e tab-
1ished by the Ada County Highway Distr ct;
Public Water Supply and Sewer Systems.
( 1)
(2)
All public water supply or sewer
(serving two (2) or more separate
or households) shall be construct
dance with any adopted local plan
fications. All new public water
sewer systems shall be an extensi
existing public system whenever p
In the event that the proposed pu
supply or sewer system is not an
of an existing public system the
a showing by the subdivider that
sion is not feasible and not in
interest of the public.
All water and sewer plans be sub
Idaho Department of Health and W
authorized agent for approval in
with the provisions of section 5
Code.
(i)
Hydrologic Controls.
Interceptor ditches shall be est blish d a ove
all cut/fill slopes, and the int rcept d w ter
conveyed to a stable channel or atura dr inage-
way with adequate capacity.
(1)
(2 )
Curb, gutter and pavement design shall be uch
that water on raodways is preven ed fr m f owing
off the roadway.
(3)
Natural drainageways shall be ri
wise stabilized below drainage a
charge points for a distance suf
the discharge without channel er
(4 )
Runoff from areas of concentrate
(for example, roofs, driveways a
collected and transported to a n
with sufficient capacity to acce
without undue erosion.
or other-
ert dis-
to convey
impervio s cover
d roa s) hall be
tural dr inage
t the dis harge
(5)
Waste material from construction inc udi
and other solid materials, shall not e d
within the 100 year flood plain.
(29)
(6 )
(7 )
(10)
( 11)
( 12)
(j)
Drainageways or hydraulic struct
waterways (defined as draining a
ten acres or more) shall be desi
year flood or to accommodate the
in the Soil Conservation Service
for Residential Development of t
whichever is greater. In minor
as draining a basin area of less
such structures shall be designe
year flood or to accommodate the
in the Soil Conservation Service
for Residential Development of t
whichever is greater.
With the exception of road cross
drainage structures and recreati
uses which do not involve the de
vegetal cover, development shall
within the 100 year flood plain
ways, and the 50 year flood plai
waterways.
(8 )
Sediment cathment ponds shall be
maintained downstream from each
sediment retention facilities ar
vided. Any facility used shall
removal of surface debris and co
well as sediment retention.
ma'or
are of
r t e 100
pr jected
ogy Guide
e Font,
ys (defined
en cres)
he a
pr jected
ogy Guide
e Font,
(9 )
The overall drainage system shal be
and made operational at the earl est
time during construction.
Alterations of major drainageway
hibited except for approved roa
drainage structures.
Natural or improved open channel
be preserved or provided for in
except that at road crossings,
permitted. Minor waterways sha
be enclosed in conduits.
The Board reserves the right to
measuring devices in drainagewa
ment at public expense.
Fire Hydrants and Water Mains. Adeq
shall be required in accordance with
Fire District standards;
(30)
(k)
(1)
Street Name Signs. Street name signs
in the appropriate locations at each s
in accordance with the local standards
sign fee shall be paid by the subdivid r;
e i stalled
nte section
r s reet
(m)
Sidewalks and Pedes train Walkways. Si
required on both sides of the street,
the average width of lots, as measured
frontage line or at the building setba
one hundred (100) feet. Sidewalks on
of the street may be allowed. pedestr
required, shall have easements at leas
width and include a paved walk at leas
in width. Sidewalks and cross walks s
in accordance with the standards and s
the Ada County Highway District;
Greenbelt. Greenbelts or landscaping
required for the protection of residen
from adjacent major arterial streets,
road rights-of-way or other features.
shall show the location of any greenb
(n)
Street Lighting. Street lights may
installed at intersections throughout
A subdivider shall conform to the req
city and the public utility providing
to be
ision.
f the
ing.
SECTION 3.
GUARANTEE OF COMPLETION OF
(a)
Financial Guarantee Arrangements. In
installation or required public impro
filing of the final plat, the city co
the subdivider to provide a financial
formance in one (1) or a combination
arrangements for those requirement wh
beyond the requirements of any other
for the administration, operation and
applicable public improvement;
f t e actual
be ore
ay ermi t
tee of per-
folowing
ov rand
res onsible
nan e of the
(b)
Performance Bond.
(1)
Accrual. The bond shall accrue
Eagle covering construction, ope
tenance of the specific public i
(2 )
Amount. The bond shall be in an
the one hundred ten percent (110
estimated cost for completing co
specific public improvements, as
city engineer and approved by th
ual to
total
of the
by the
ncil;
(31)
(c)
(3)
(4 )
( 5)
Term Length. The term length in
is in force shall be for a period
by the city council for the speci
improvement;
he ond
spe ified
lic
Escrow Agreement. The
drawn and furnished by
Bonding for Surety Company. The
with a surety company authorized
in the State of Idaho, acceptable
council; and
Cash Deposit, Certified Check, Negotia
Irrevocable Bank Letter of Credit.
( i)
(d)
Treasurer, Escrow Agent or Trust
deposit, certified check, negoti
irrevocable bank letter or credi
the city council shall be deposi
agent or trust company;
A cash
r an
e by
escrow
(2 )
Dollar Value. The dollar value
certified check, negotiable bond
bank letter of credit shall be e
ten percent (110%) of the estima
for the specific public improvem
the city engineer and approved b
deposit,
vocable
hundred
construction
imated by
council;
(3)
Escrow Time. The escrow time fo
certified check, negotiable bond
letter of credit shall be for a
by the city council; and
ash deposit,
evo able bank
to e specified
(4)
Progressive Payment. In the cas
certified checks, an agreement b
council and the subdivider may P
gressive payment out of the cash
tion of the certified check, neg
irrevocable bank letter of credi
of the cost of the completed por
improvement, in accordance with
into agreement.
eposits or
city
pro-
reduc-
d or
xtent
public
yentered
Conditional Approval of Final Plat.
financial guarantees, the approval of
division plats shall be conditioned 0
of one (i) of the following:
t to
sub-
plishment
(1 )
The construction of improvements requ'red by
this ordinance shall have been c mple ed y the
subdivider and approved by the c'ty c unc'l; or
(32)
(e)
(2)
Surety acceptable to the city co
been filed in the form of a cash
check, negotiable bond, irrevoca
of credit or surety bond.
Inspection of Public Improvements Und
Before approving a final plat and con
and specification for public improvem
between the subdivider and the city c
made to provide for checking or inspe
struction and its conformity to the s
(f)
Penalty in Case of Failure to Complet
of a Public Improvement. In the even
shall, in any case, fail to complete
the period of time as required by the
guarantee for the completion of publi
shall be the responsibility of the ci
proceed to have such work completed.
accomplish this, the city council sha
itself for the cost and expense there
the cash deposit, certified check, ir
letter of credit, or negotiable bond
may have deposited in lieu of a suret
take such steps as may be necessary t
mance by the bonding or surety compan
in a written agreement between the ci
subdivider.
(33)
Con tru
ruct'on
ts, n a
ncil sha
ting he
mitt d p
tion.
lans
reement
I be
on-
ans.
the ons ruction
the ubd vider
uch w rk ithin
condi ion of the
impr vem nts, it
y cou cil to
In or er 0
1 rei ur e
f by ppr priating
evoca Ie ank
hich he ubdivider
cond or may
requ"re erfor-
, and as 'ncluded
y cou cil and the
CHAPTER 6
SPECIAL DEVELOPMENT SUBDIVISION
SECTION 1. PURPOSE. The purpose of this
identify various types of developments that no
concerns to the elected officials when reviewi
upon subdivision requests. This chapter outli
requirements and design standards that shall b
eration when acting on special developments.
of this chapter are in addition to the plan re
standards and improvement standards that are r
3,4 and 5 of this ordinance.
SECTION 2. HILLSIDE SUBDIVISION -- APPEA NCE ND
In order to preserve, retain, enhance and prom te tee
and future appearance, natural topographic fea urea, qu
and resources of hillsides, special considerat on s all
to the following:
RESERVATION.
isting
1ities
e given
(a)
(b)
(c)
(d)
(e)
(f)
Skyline and ridge tops;
Rolling grassy land forms, including
and meadows;
Tree and shrub masses, grass, wild f
soil;
top
Rock outcroppings;
Stream beds, draws and drainage swa1
where tree and plant formations occu
Characteristic vistas and scenic pan
SECTION 3.
HILLSIDE SUBDIVISION -- DEVEL PMEN
(a)
All development proposals shall take into acc
and shall be judged by the way in w 'ch 1 nd
soil mechanics, engineering geology, hydr log
engineering, environmental and civil desi n,
and landscape design are applied in il1s'de
including but not limited to:
unt
se planning,
, civil
rchitectura1
reas,
(1)
Planning of development to fit
soils, geology, hydrology and
existing on the proposed site;
(2)
Orientation of development on t e si e s
grading and other site preparat'on i ke
an absolute minimum;
(34 )
(b)
(3)
(4)
(5)
(6)
(7)
(8)
Shaping of essential grading to blend wit natural
land forms and to minimize the ecess ty f padding
and/or terracing of building si es;
Consideration of the view from
Division of large tracts into s
units on which construction can
within one (1) construction sea
areas are not left bare and exp
winter-spring runoff period;
Completion of paving as rapidly
grading;
able
ed
large
the
sib e after
Allocation of areas not well su
because of soil, geology or hyd
for open space and recreation u
Minimizing disruption of existi g pI
life; and
r d velopment
1i 'tations
d animal
hills.
Areas having soil, geology or hydrol
not be developed unless it is shown
can be overcome; that hazard to life
not exist; that the safety, use or s
public way or drainage channel is no
and that the natural environment is
to undue impact.
(b)
SECTION 4. HILLSIDE SUBDIVISION -- ENGI
The developer shall retain a professional eng'
the following information:
Soils Report. For any proposed hi1
a soils engineering report shall be
the preliminary plat. This report
regarding the nature, distribution
existing soils, conclusions and rec
grading procedures, design criteria
measures. and opinions and recommen
the adequacy of sites to be develop
Geology Report.
eve opment
ted with
ncl de data
eng h of
tio s for
rre tive
co ering
(1)
For any proposed hillside deve opmen a eo10gy
report shall be submitted with the p e1i inary
(a)
(35 )
(c)
plat. This report shall inc1ud an a equ
description of site geology and an ev lua
of the relationship between the propo ed
and the underlying geology and ecomm nda
for remedial remedies; and
te
ion
eve10pment
ions
(2)
The investigation and subsequen repo t saIl
be completed by a professional eolog st egistered
in the state of Idaho.
Hydrology Report. Foor any proposed
a hydrology report shall be submitte
plat. This report shall include an
of the hydrology, conclusions and re
regarding the effect of hydrologic c
proposed development, and opinions a
covering the adequacy of sites to be
hills'de evelopment
with the preliminary
dequa e d scription
ommen ati ns
nditi ns n the
d rec mme dations
deve1 ped.
SECTION 5.
HILLSIDE DEVELOPMENT -- GRADI
(a)
A preliminary grading plan shall be
each hillside preliminary plat propo
include the following information:
(1)
Approximate limiting dimensions
or finish contours to be achiev
including all cut and fill slop
channels and related constructi
(2)
Preliminary plans and approxima
all surface and subsurface drai
walls, dams, sediment basins. s
and other protective devices to
and
(b)
A description of methods to be
of soil and other material that
the grading site, including the
disposal site.
A final grading plan shall be submit
final plat and shall include the fo1
(3)
(1)
Limiting dimensions, evaluation or
to be achieved by the grading, nclu
proposed cut and fill slopes, a d pr
channels and related constructi n;
(36)
(2)
(3)
Detailed plans and locations of
subsurface drainage devices, wa
basins, storage reservoirs and
devices to be constructed; and
rfa e and
ms, sediment
rotective
A schedule showing when each st ge 0
will be completed, including th tot
soil surface which is to be dis urbe
each stage together with estima ed s
completion dates. In no event hall
natural vegetative ground cover be d
removed or disturbed more than ifte
prior to grading.
SECTION 6.
HILLSIDE SUBDIVISIONS -- nEVE
(a)
Soils.
(1)
(2)
Fill slopes shall be no steepe than two
horizontal to one (1) vertical; fill slo
not be located on natural slop s two to
or steeper, or where fill slop s toe ou
twelve (12) feet horizontally f the top
existing or planned cut slope.
Tops and toes of cut and fill lopes sha 1 be
set back from property boundar es a ist nce
of three (3) feet plus one-fif h (1/ ) 0 the
height of the cut or fill but eed n t e ceed
Fill areas shall be prepared by
material, such as vegetation a
any other material which is det
soils engineer to be detriment
or otherwise not conducive to s
or similar irreducible materia
dimension greater than eight (8
be used as fill material in fi
to provide structural strength.
Fills shall be compacted to at
percent (95%) of maximum densi
by AASHOT99 and ASTM D698.
(3)
Cut slopes shall be no steeper
to one (1) vertical; subsurfac
be provided as necessary for s
(4)
(5)
(37)
S A~IDARDS.
han wo 2) horizontal
drai age shall
bili y.
(2)
as shall
ne (2:1)
within
of an
(b)
(c)
a horizontal distance of ten (1 ) fee
and toes of cut and fill slopes shall
back from structures a distance of si
plus One-fifth (1/5) the height of th
fill, but need not exceed ten ( 0) fe
(6)
The maximum horizontal distance
soil surfaces shall not exceed
feet.
Roadways.
(1)
Road alignments should follow n
and no unnecessary cuts or fill
in order to create additional 1
sites.
(2)
One-way streets shall be permit ed a
where appropriate for the terra n án
safety would not be jeopardized Ma
shall be seventeen (17) feet be ween
and curbs.
; t ps
be et
(6 feet
cu or
t.
ter ain
be allowed
building
shal ex end
ack e e of
1 si es f the
nsta11ed aral1e1
on s all. e increased
s on (1) foot
(3)
The width of the graded section
three (3) feet beyond the curb
pavement on both the cut and fi
roadway. If sidewalk is to be
to the roadway, the graded sect
by the width of the sidewalk p1
beyond the curb back.
Standard six (6) inch vertical urb
shall be installed along both s des
roadways.
(4)
Driveways and Parking. Combinations of c
private driveways, cluster parking a eas
parallel parking bays shall be used 0 at
optimize the objectives of minimum s il d
minimum impervious cover, excellence of d
aesthetic sensitivity.
SECTION 7.
HILLSIDE SUBDIVISION -- VEGE
TION AND REVEGETATION.
The developer shall submit a slope s abi1'zat'on and
revegetation plan which shall inc1u a c mp1 te description
of the existing vegetation, the veg atio to be removed
and the method of disposal, the veg atio to be planted,
(a)
(38)
(b)
(c)
and slope stabilization measures to
The plan shall include an analysis 0
effects of such operations, includin
on slope stability, soil erosion, wa
fish and wildlife.
Vegetation sufficient to stabilize t
be established on all disturbed area
of grading is completed. Areas not
lot boundaries shall be portected wi
cover after all construction is comp
shall be made to plant those species
recover from fire damage and do not
a rapid rate of fire spread.
The developer shall be fully respons
of native vegetation proposed for re
carry the responsibility both for hi
and for all subcontractors from the
tion until the notice of completion
developer shall be responsible for r
destroyed vegetation.
SECTION 8.
MAINTENANCE AND UTILITIES.
(a)
(b)
The owner of any private property on
or other work has been performed pur
plan approved or a building permit g
provisions of this ordinance shall c
and repair all graded surfaces and e
devices, retaining walls, drainage s
and other protective devices, p1anti
cover installed or completed.
All new service utilities shall be p
SECTION 9. PLANNED UNIT AND CONDOMINIUM
GENERAL - - MINIMUM AREA.
Planned unit and condominium deve10 ents sha 1 be
subject to requirements set forth i the oni g ordinance
of the City of Eagle and also subje t to 11 rovisions
of this ordinance.
(a)
all d.
nvi onmental
ffe ts
lit and
e soi
as e
ontai
h per
eted.
that
ontri
sh 11
ch tage
ed ithin
nni 1 vetetal
Ef orts
end to
ute to
y destruction
e shall
yees
f construc-
The
ch
whic
uant
ante
ntin
osio
ruct
gs a
rground.
(b)
A planned unit development shall co tain
specified in the zoning ordinance 0 the
(39)
as
Eagle.
SECTION 10. PLANNED UNIT AND CONDOMINIUM SUBDI ISI NS --
SITE DEVELOPMErIT PLAN. The developer shall p ovide a c lored
rendering to adequate scale to show the comp1e ed de e10 ment
that will include at least the following:
(a)
(b)
Architectural style and building des gn;
Building materials and color;
(c)
(d)
Landscaping;
Screening;
(e)
(f)
(g)
Garbage areas;
Parking; and
Open space.
SECTION 11. PLANNED UNIT AND CO}IDOMINIUM SUBDI ISI NS --
PRIVATE STREETS. Private streets shall be pr hibit d i any
planned unit and condominium subdivision subje t to he rovisions
of this ordinance.
SECTION 12. PLANNED UNIT AND CONDOMINIUM SUBDI
STORAGE AREAS. Storage areas shall be provid d for
needs of boats, campers and trailers. For typ cal r
development, one (1) adequate space shall be p ovide
two (2) living units. This may be reduced by he ci
if there is a showing that the needs of a part cular
are less.
ISI NS --
the anticipated
sid ntial
ev ry
y c unci1
dev 10pment
SECTION 14. MAINTENANCE BUILDING. A mai
shall be provided of such size and in such loc
for the service needs that are necessary for t
maintenance of all common areas.
SECTION 13. PARKING SPACES. One (1) add
space beyond that which is required by the zon
may be required for every three (3) dwelling u
visitor parking.
pa king
ina ce
ac ommodate
ilding
suitable
nd
SECTION 15. PLANNED UNIT AND CONDOMINIUM SUBDI ISI NS --
OPEN SPACE. The location of open space shall e ap rop iate
to the development and shall be of such shape d ar a t be
usable and convenient to the residents of the eve10 men.
SECTION 16. PLANNED 1mIT AtID CONDOMINIUM SUBDI ISI NS --
CONTROL DURING DEVELOPMENT. Single ownership r co tro during
(40)
development shall be required and a time limit
to guarantee the development is built and cons
osed
planned.
SECTION 18.
CEMETERY SUBDIVISIONS.
SECTION 17. LARGE-SCALE DEVELOPMENT SUBD VIS I N
INFORMATION. Due to the impact that a large-s ale eve
would have on public utilities and services, t e de e10
submit the following information along with th pre imi
plat:
(a)
(b)
(c)
(d)
(a)
(b)
Identification of all public service
provided to the development (includi
to fire protection, police protectio
central sewer, road construction, pa
recreation, maintenance, schools and
Estimate of the public service costs
service to the development;
ld be
limited
water,
en space,
te collection);
adequate
Estimate the tax revenue that
the development; and
Suggested public means of financing
the development if the cost for the
would not be offset by tax revenue r
development.
Function. The developer of any ceme ery
shall provide the commission with w 'tten
that will sufficiently explain the f ncti
proposed cemetery for either human 0 ani
Compliance with Idaho Code. The de
cemetery subdivision shall submit a
that has been prepared by an attorn
assures the compliance of the propos
the procedural management requireme
in Title 27, Idaho Code.
SECTION 19. SUBDIVISION WITHIN A FLOOD
to the provisions of this ordinance, any subd'
the designated flood plain of the City of Eag
with all applicable provisions of the f100dp1
the City of Eagle as now in effect or as may
In addition
wi hin
1 c mply
ina ce of
er e amended.
SECTION 20. SUBDIVISION WITHIN AN AREA
GENERAL. Hazardous or unique areas may be d
CONCERN --
s an
(41)
area of critical concern by the city council 0
of Idaho. Special consideration shall be give
development within an area of critical concern
the development is necessary and desirable and
interest in view of the existing unique condit
or unique areas that may be designateñ as area
concern are as follows:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Earthquake locations;
Unstable soils;
Unique animal life;
Unique plant life;
Scenic areas;
Historical significance;
Flood plain;
by t e s
to a y p
to as ure
in th pu
one. Haz
of c iti
ate
oposed
that
1ic
rdous
al
Center city;
Areas within the area of city impact but 0 tsi e city
boundaries; and
What changes will occur to the area
concern as a result of the proposed
SECTION 21. SUBDIVISION WITHIN AN AREA 0
PLAN SUBMISSION. The developer shall prepare
environmental assessment along with the prelim
for any development that is proposed within an
concern.
CRIT CAL CONCERN --
and 8 bmi an
nary 1at application
area f c itica1
Other areas of critical concern.
SECTION 22. SUBDIVISION WITHIN AN AREA 0
CONTENT OF ENVIRONMENTAL ASSESSMENT. The con
assessment shall be prepared by an interdiscip
professionals that shall provide answers to th
CAL CONCERN --
th environmental
tea of
win questions:
(a)
(b)
(c)
ental
?
What corrective action or alternativ deve opm nt
plans could occur so as not to signi icant y c ange
the area of environmental concern?
~~at changes in the area of environm
are unavoidable? and
(42)
(d)
What beneficial or detrimental affec
ment have on the environment (includ
to animal lifet plant life, social c
noise, visual, available farm land a
(43)
th deve10p-
no limited
onomic
CHAPTER 7
VACATIONS AND DEDICATIONS
APPLICATION PROCEDURE.
SECTION 1.
(a)
(b)
Application. Any property owner des
an existing subdivision, public righ
or desiring to dedicate a street rig
shall complete and file an applicati
These provisions shall not apply to
any street which is shown in the com
or the dedication of streets, rights
to be shown on a recorded subdivisio .
0 v cate
y 0 easement,
ay r easement
th administrator.
eni g of
ive plan,
or easements
Administrator Action. Upon receipt
application, the administrator shall
of application acceptance thereon.
shall place the application on the
at the next regular meeting of the
is held not less than fifteen (15)
date of acceptance.
f the co 1eted
affi the date
he ad inistrator
a enda for onsideration
c mmission hich
d ys a ter the
SECTION 2.
ACTION.
(a)
Commission Recommendation. The comm
the request and all agency responses
(30) days of the meeting at which th
the agenda shall make a recommendati
council for either approval, conditi
or denial.
(b)
Council Action.
(1)
When considering an app1icatio
procedures. the city council s
a date for a public hearing an
notice as required by law. The
may approve, deny or modify th
Whenever public rights-of-way
the city council shall provide
owners with a quit claim deed
rights-of-way in such proporti
by law.
(2)
When considering an applicatio
procedures, the city council m
or modify the application. Wh
is approved, the required stre
shall be constructed or a bond
the construction, prior to ace
for
app
a d
t imp
furni
tanc
(44)
edi ation
ove deny
dic tion
ove ants
bed assuring
of the
(3)
dedication. To complete the ac
dedication of land, the owner s
the city council a deed describ
such lands to be recorded with
The council shall review the re
agency responses and commission
and within thirty (30) days of
which the issue was on the agen
conditionally approve or deny t
(45)
any
h to
veying
recorder.
city
on a
with
that
CHAPTER 8
VARIANCES
SECTION 1. PURPOSE. The commission may
council, a variance from the provisions 0
finding that undue hardship results from
specific provisions or requirements of th
application of such provisions or require
nd 0 the
ord'nance
ict compliance
anc or
im racticable.
SECTION 2. FINDINGS. No variance shall e fav rab yacted
upon by the city council unless there is a fin ing u on ecommendation
by the commission, as a result of a public hea ing, hat all
of the following exist:
(d)
That such variance will not violate
of the Idaho Code;
That such variance will not have the effec of nullifying
hte interest and purpose of this ord ance and the
comprehensive plan.
(a)
That there are such special circumst
affecting the property that the stri
of the provisions of this ordinance
be impracticable or unreasonable; in
subdivider shall first state his rea
as to the specific provision or requ
(b)
That strict compliance with the requ
ordinance would result in extraordin
the subdivider because of unusual to
physical conditions or other such co
are not self-inflicted, or that thes
result in inhabiting the achievement
of this ordinance;
That the granting of the specified v
be detrimental to the public welfare
to other property in the area in wic
is situated;
(c)
(e)
(46)
nces
t app
ou1d
such
ons i
remen
r c nditions
ica ion
lea ly
ase , the
wr ting
in olved;
s 0 this
dsh p to
y, ther
s w ich
tio s would
ob ectives
wi 1 not
uri us
rop rty
he pr vis ons
CHAPTER 9
DETECTION OF VIOLATION, ENFORCEMENT AND PENAL IES
SECTION 1. ENFORCEMENT. No subdivision
by this ordinance or the Idaho Code shall be a
public land records of Ada County or recorded
recordert until such subdivision plat has rece
of the city council. No public board, agency,
or other authority shall proceed with the cons
authorize the construction of any of the publi
required by this ordinance until the final p1a
the approval by the city council. No permits
of any structure shall be issued on any parcel
it has been determined such parcel or lot meet
of this ordinance. The city attorney shall, i
taking whatever criminal action deemed necessa
to civilly enjoin any violation of this ordina
SECTION 2. PENALTIES. Violation of any f th pr
of this ordinance or failure to comply with an of'ts
shall constitute a misdemeanor. Each day suc viol tio
shall be considered a separate offense. The 1 nd 0 er
subdivider, builder, public official or any ot er p rso
commits, participates in, assists in or maint 'ns s ch
may each be found guilty of a separate offense. No hin
contained shall prevent the city councilor a oth r p
official or private citizen from taking such wfu1 act
is necessary to restrain or prevent any viola 'on 0 th
or of the Idaho Code.
visions
equirements
continues
tenant,
~o
io1ation
herein
b1ic
on as
s ordinance
CRAP'I'ER 10
AMENDHENT PROCEDURES
SECTION 1. COMMISSION TO RECOMMEND CHANG
The city council may, from time to time, amend
repeal the regulations and provisions of this
recommendation from the commission, in the fol
(a)
The commission, prior to recommendin
supplement, or repeal of the ordinan
at least one (1) public hearing in w
persons shall have an opportunity to
lease fifteen (15) days prior to the
of the time and place and a summary
be discussed shall be published in t
or paper of general circulation with
The commission shall also make avail
to other papers, radio and te1evisio
the jurisdiction for use as a public
Following the commission hearing, if
makes a material change in the ordin
that published for the present heari
and hearing shall be provided before
forwards its recommendation to the c
of the hearings, findings made and a
be maintained; and
(b)
HIS ORDINANCE.
t or
pon
er:
The city council, prior to adopting name dme
supplement or repeal of the ordinanc , sha 1 c
at least one (1) public hearing usin the ame
and hearing procedures as the commis ion. The
council shall not hold a public hear ng, g ve
of a proposed hearing nor take actio unti re
have been received from the commissi n. F 1lo
the hearing, further notice and hear ng sh 11
before the council adopts the amendm nt, s pp1
or repeal.
(49)
t,
nduct
notice
city
otice
ormnendations
ing
e provided
ment
SECTION 3. SEVERABILITY. The provisions
are hereby declared to be severable and if any
this ordinance or the application of such prov
or circumstance is declared invalid for any re
shall not affect the validity of the remaining
ordinance.
of th's 0
provi ion
sion 0 a
son, uch
porti ns
dinance
of
y person
declaration
f this
SECTION 4. EFFECTIVE DATE. This ordinan e sha 1 b come
effective upon its passage, approval and pub1i ation in he
manner provided by law.
PASSED by the City Counc;l and APPROVED b
15th day of November, 1983.
the
Carol
Mayor
ATTEST~ é ~.A'l//~.
onn1e ras 1
City Clerk
(50)
this
ayo