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TITLE 8 SUBDIVISION REGULATIONS

CHAPTER 2 SUBDIVISION REGULATIONS

SECTION 8-2-7 REQUIREMENTS AND STANDARDS

   
  (A)          Compliance and Special Conditions
   
  (1)   Compliance: Subdivisions shall comply with the zoning and subdivision ordinances of the City of Menan as well as with other applicable regulations, and intents of the comprehensive plan. All submitted plats and subdivisions, including completed facilities and improvements, shall comply with the minimum design standards set forth in this Chapter and in Idaho Code Title 50, Chapter 13.
  (2)   Jurisdiction: This Chapter shall apply to the subdividing of land within the corporate limits of the City of Menan. It may apply, as determined by the City Council and Jefferson County Commissioners, to the Impact Area as agreed to and adopted by the Jefferson County Commissioners.
  (3)   Special Conditions: Land where conditions are potentially harmful to safety or general health and welfare shall not be subdivided unless measures are taken to overcome the conditions (see chapter 10-5). Such conditions may include, but are not limited to, periodic flooding, poor drainage, or steep grades.
   
  (B)           General Requirements: The applicant shall be responsible for the following:
  (1)   Improvements such as streets, alleys, parks, easements, and other facilities requisite to plat approval.
  (2)   Providing plans prepared by an engineer.
  (3)   Including in the development agreement provision to preserve topsoil for reuse, as after infrastructure installation.
   
  (4)   Providing to the city, prior to recording, construction drawings of improvements in the phase of the subdivision intended for recording.
  (5)   Providing to the city a guarantee of improvements:
  (6)   Improvements to be constructed and/or installed within two years of final plat approval, unless extended for one year by mutual consent.
  (7)   Guarantee of 110% of estimated cost as determined by the project engineer and including one or more of the following security arrangements, as approved by City Council:
  a.   Deposit with an escrow agent or trust company: a cash deposit, certified check, or irrevocable bank letter of credit.
   
  b.   Escrow time for periods specified for various improvements.
   
  c.   By mutual consent, an agreement for progressive reductions of the security amount upon completion of construction or installation stages.
  (8)   Maintenance agreement, for not less than one year and not more than five years, covering construction, installation, and operation of required improvements.
  a.   The maintenance agreement is subject to approval by City Council.
   
  b.   The agreement includes time periods, responsibilities, and financial security.
   
  c.   The financial security may be in the form of a cash deposit, certified check, negotiable bond, irrevocable bank letter of credit, or surety bond.
   
  i.    An escrow agreement shall be drawn and furnished to the city.
  ii.    A bond shall be with a surety company authorized to do business in Idaho
  iii.   A bond shall accrue to the city and shall cover construction or installation, operation, and maintenance of specified improvements.
   
  (C)          Lots and Blocks: Lots shall conform to the following:
  (1)   Except as provided below, the lot area provided shall conform to the district in which the subdivision is located.
  (2)   The lot depth and width shall be sufficient to meet the required setbacks of the district in which the subdivision is located.
   
  (3)   Corner lots shall have sufficient extra width to permit the required setback from both streets.
  (4)   Land with flood plains or other physical characteristics that severely hamper development may be subdivided if sufficient land remains in each lot outside the uninhabitable area to accommodate the required setbacks and a building envelope. As an alternative such land may be set aside as a park, trail, or open space.
  (5)   Where parcels of land are subdivided into large lots, the parcels shall be divided and developed to permit future subdivision into smaller parcels.
  (6)   In residential subdivisions with more than five lots, the sizes of the lots shall be averaged, and the average lot size shall be at least the minimum lot size required in the district in which the proposed subdivision is located. To illustrate, in a five-lot subdivision in the Traditional Residential District, three lots may be 0.3 acres, one lot may be 0.6 acres and the last lot shall be one acre. The purpose of this regulation is to avoid subdivisions in which all the lots are the minimum lot size permitted in the zone. In exchange for permitting some lots to be smaller than the minimum lot size, others must be considerably larger.
  (7)   Side lot lines shall be substantially at right angles with or radial to street lines except where other treatment is justifiable.
  (8)   Double frontage lots shall be avoided.
  (9)   Block length should not exceed 660 feet, measured from intersection center to intersection center.
  (10) Block design shall provide for two tiers of lots except where not feasible or practical.
   
  (D)          Streets:
   
  (1)   Design: Streets shall be designed so their arrangement, character, length, width, grade, and location conform to the intents of this code and the comprehensive plan. The streets shall connect with the existing street network and, when possible, replicate the short grid pattern found in the original townsite of Menan. Streets shall be constructed in accordance with the specifications outlined in TITLE 8CHAPTER 5 of this title and shall be in conformance with the Transportation Map found in the Comprehensive Plan. All local subdivision streets shall be paved to a width of not less than twenty-six (26) feet. The paving shall be completed to each lot before a Certificate of Occupancy is issued for the lot. The paving shall meet the minimum standards established in TITLE 8CHAPTER 5 of this title.
  (2)   Layout: Streets shall be laid out consistent with this code and the comprehensive plan with regard to existing streets, topographical features, public safety and convenience, and proposed land uses.
  (3)   Access to Arterials and Collectors: Individual lots in platted developments shall not have direct access onto an arterial or major collector, but onto a residential or local street or minor collector. Access pre-existing enactment of this chapter may remain in use. When necessary, unobstructed utility easements of at least eight (8) feet shall be provided along lot lines. Unobstructed drainage easements shall be provided as required by the Council.
  (4)   Frontage Streets: Where a subdivision abuts or contains an existing or proposed arterial-street, railroad, or controlled access highway, the city may require frontage streets or other treatment appropriate to the situation.
  (5)   Half Streets: Half streets are prohibited.
  (6)   Right of Way Width: Minimum widths for streets shall be, in feet:
   
          Street Classification      Right of Way Width      Finished Width  
        Major Arterial      132      100 - 180  
        Minor Arterial      95      70  
        Major Collector      99      42 - 55  
        Minor Collector      60      42  
        Local      60      42  
        Residential      50      32  
        Alley      30      20  
 
   
  (7)   Intersections and Alignments:
   
  a.   Streets shall be laid out to intersect as nearly as possible at right angles, but in no event at angles more acute than 80. Intersection with an arterial shall be no more acute an angle than 85.
   
  b.   Where a street deflects at more than 10 from the right angle, a connecting curve is required, with a minimum centerline radius of 300' for arterial and collector streets and 125' for local and residential streets.
   
  c.   Streets with centerline offsets of less than 125' shall be prohibited.
   
  d.   On arterial and collector streets, a tangent at least 150' to 200' long shall be provided between reverse curves.
   
  e.   Street intersections with more than four legs and Y-type intersections where legs meet at acute angles shall be prohibited.
  (8)   Streets Requiring Special Approval:
   
  a.   Cul-de-Sac: A cul-de-sac shall terminate in a circular  turnaround with a minimum right of way width of 60" and a cul-de-sac radius of 50'. The city may approve an equally convenient form of turnaround where extreme conditions justify.  The maximum length should be 600' from the intersection of street centerlines to the center of the turnaround. 
   
  b.   Cul-de-sac Streets. Cul-de-sac streets shall not be more than six hundred (600') feet in length and shall terminate with an adequate turnaround with a minimum right-of-way width of eighty feet (80').
   
  c.   Dead-End: A dead-end street shall not be permitted except in locations designated by the city as necessary to future development of adjacent land. In any case, a dead-end street serving more than four lots shall provide by easement a temporary turning circle with a 50' radius or other acceptable design. Where adjoining areas are not subdivided, streets in proposed subdivisions shall extend to the boundary line of the tract to permit future extension of said streets into adjacent areas. Spite strips are prohibited.
   
  d.   Loop Street: Loop streets shall have a maximum length of 1,200', measured along their centerline from center of intersection to center of intersection.
  (9)   Grades: Grades on collector, local, and residential streets shall not exceed 6% nor be less than 0.25%. Grade requirements for other streets shall be based on individual conditions and safe engineering practices.
  (10) Pavement: Asphalt plant mix pavement is required.
  (11) Names: Street names shall not duplicate existing street names except where a new street is a continuation of an existing street. Street names spelled differently but that sound like existing street names shall not be used. New streets shall be named as follows:
  a.   Streets having a predominantly north/south direction shall be named "avenue" or "road."
   
  b.   Streets having a predominantly east/west direction shall be named "street" or "highway."
   
  c.   Meandering streets shall be named "drive," "lane," "path," or "trail."
   
  d.   Cul-de-sacs shall be named "circle," "court," "way," or "place."
   
  (E)           Other Improvements: The City requires the developer to construct curbs and gutters, sidewalks and/or asphalt trails when the densities exceed three units per acre in a manner and kind approved by the City Council and/or City Engineer. These must connect at approved locations to the Menan Master Plan for trails, sidewalks, and pathways (Please refer to the Trails, sidewalk and Pathways Map in the Menan Comprehensive Plan)
  (1)   Curbing is required as lining to streets. In residential zones, on local and minor collector streets, rolled curbs and gutters are required. In other zoning districts, different types of curbing may be preferable, and may be permitted if included and approved by the council in the development agreement.
  (2)   Sidewalks are required as follows, with minimum widths in feet:
   
          Street Classification      Width  
        Minor Arterial      8  
        Collector      4  
        Local      4  
        Residential      4  
 
   
  (3)   Buffer: The purpose of a buffer is to separate and visually screen land uses that are not fully compatible with each other. Where a commercial, business, or industrial use abuts a residential zone, the commercial, business, or industrial entity shall provide a shrubbery buffer not less than four feet high and four feet wide or a sightly, solid fence between five and eight feet high. A shrubbery buffer shall be effective within three years and prevent vision through at least 60% of its vertical plane.
  (4)   Monuments: Monuments shall be installed in accordance with current standards at street intersections and at corners, angle points, and points of curve, and shall be in accordance with Section 50-1303, Idaho Code.
  (5)   Fire Hydrants: Locations and types of fire hydrants are subject to approval by the city.
  (6)   Street Signs: Street signs and traffic control devices shall be installed by the city in accordance with local standards. The developer shall reimburse the city for its costs.
  (7)   Streetlights: Locations and types of streetlights are subject to approval by the city. Streetlights are required at intersections except as approved by City Council upon recommendation of the Planning and Zoning Commission.
  (8)   Postal Service: A centralized delivery facility, or facilities, for mail may be required.
  a.   Location(s) and types of facility are subject to approval by the city.
   
  b.   At least one mailbox per lot shall be provided.
   
  c.   Facilities shall be placed at least six feet from the curb.
   
  d.   Facilities shall be on a stand or in a customized structure.
   
  e.   Facilities shall comply with requirements of the Unites States Postal Service.
  (9)   Lighting: All subdivision street lighting must be full cut-off lighting to protect the nighttime sky and eliminate light trespass onto other properties.
   
  (10) Trees: All subdivisions must install street trees in conformance with CHAPTER 3 of Title 5.
  (11) Underground Utilities: The council requires underground utilities within the subdivision boundaries.
  (12) Storm Drainage: An adequate storm drainage system shall be required in all subdivisions. Swales may be used. The Council shall approve the engineered design of the proposed system for each particular subdivision.
   
  (F)           Public Sites and Valuable Features:
  (1)   Public Sites: Where it is determined that an existing or proposed public or quasi-public facility, shown on a planning map, is located in whole or in part within a proposed subdivision, the Planning and Zoning Commission shall notify the concerned agency or agencies. Within 30 days of notice, agencies may request City Council to suspend consideration of the proposed subdivision for 60 days. If agreement is not reached within 60 days, City Council shall direct that consideration of the subdivision resume. Schedules for action by the city shall be adjusted accordingly.
  (2)   Valuable Features: Features that add value and enhance the attractiveness of the vicinity shall be preserved insofar as possible. Such features include, but are not limited to, streets, watercourses, and historic sites.
   
  (G)          Open Space: A subdivision shall include open space. Open space is common area platted as a separate lot, provided within a recorded usable easement, or dedicated to and accepted by the city, which is substantially open to the sky.
  (1)   Computation of open space minimum does not include public streets, wetland areas, drainage ditches, irrigation ditches, sewer or water facilities, or similar features. Minimum open space shall be:
   
          Type of Development
          Minimum Percentage   of Total Subdivision
      
        Single Family or Twin Homes      10%  
        Condominiums or Townhouses      5%  
        Other Multifamily Dwellings      7%  
        Planned Unit Development      20%  
        Commercial      3%  
        Business    Park      3%  
        Industrial      3%  
 
   
  (2)   Types of Open Space: Open space may include such facilities as parks, greenbelts, pathways, golf courses, or equestrian areas.
  (3)   Parks by Category:
   
          Type of Park      General Description  
        Playground      Swings and/or other playground equipment. Typically two   acres or smaller.  
        Neighborhood      Central location in neighborhood, active and passive   recreation for varied age groups, such as picnic facilities, shade trees, walking   paths. Typically two to five acres.  
        Community      Located for access and parking; playing fields; may   include such as picnic facilities, playground, shade trees, walking paths.   Typically five to ten acres  
        Specialty      Specific to intended use: such as golf course, historic   site, swimming pool.  
        Linear      Such as walking, cycling, or   equestrian paths; greenbelts.  
 
   
  (4)   Deeding or Dedication: Open space is provided by one or more instruments:
   
  a.   The owner may retain the deed and record a covenant and/or easement to preserve the open space.
   
  b.   The owner may record a dedication of conservation easement or a fee interest to an appropriate governmental entity, charitable organization, or owners' association.
   
  c.   Open space may be platted within one or more large, privately held lots that have building envelopes specified so as to make available the open space, which shall be preserved by easements and/or covenants recorded.
   
  (5)   Management Plan: A management plan shall be included as part of the development agreement. The plan shall contain funding guarantees to maintain the open space so it does not become a burden to the city or negatively impact the public health, safety, or general welfare. If the open space includes a recreation facility, assurances of financial and functional viability shall be described and provided for in the management plan.