CHAPTER 29 Title 10 Subdivision Regulations
CHAPTER 29
SUBDIVISION REGULATIONS
SECTION:
10-29-1: Definition
10-29-2: Plat Required
10-29-3: Approval of Subdivision Plat
10-29-4: Application and Fees Required
10-29-5: Permits
10-29-6: General Requirements
10-29-7: Preapplication Review
10-29-8: Preliminary Plat Requirements
10-29-9: Requirements of the Final Plat
10-29-10: Combining Preliminary and Final Plats
10-29-11: Street Improvements Required; Fees
10-29-12: Dedications
10-29-13: Amended Plats
10-29-14: Exceptions May be Made to Avoid Hardship
10-29-15: Site Plan Review
10-29-16: Split Zoned Lots
10-29-17: Guarantee of Completion
10-29-18: Judicial Orders
10-29-19: Fees for Review
10-29-20: Penalty
10-29-1: DEFINITION: The word "subdivision," as used in this chapter, is hereby defined as
the division of a developed or undeveloped tract or parcel of land into three (3) or more parts for
the purpose, whether immediate or future, of sale or of building development; provided, that if any
one (1) person within one (1) calendar year divided any tract into three (3) or more parts, such
land shall be deemed a subdivision within the meaning of this chapter; provided, however, that
this definition of a subdivision shall not include a bona fide division or partition of agricultural land
in parcels of more than five (5) acres for agricultural purposes, nor shall it include the division of
property which is within a duly-zone commercial or industrial district for commercial or industrial
development where no new streets are required or are to be dedicated for public use; nor shall it
include or apply to the allocation of land in the settlement of an estate, or a court decree for the
distribution of property; nor shall it apply to the sale or conveyance of any parcel of land which
may be shown as one (1) of the lots of a subdivision of which a plat heretofore has been recorded
in the land records of Bonneville County, Idaho.
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10-29-2: PLAT REQUIRED: No person shall subdivide any tract of land which is located
wholly or in part in the City, unless he shall first have or cause to have made a plat thereof as
required by Title 50, Chapter 25 of the Idaho Code and as set forth within this chapter.
10-29-3: APPROVAL OF SUBDIVISION PLAT: No plat shall be recorded or offered for
record until the plat has been reviewed by the Planning Commission and approved by the City
Council and shall bear thereon the approval, by endorsement, of the Mayor, City Engineer and
City Clerk.
10-29-4: APPLICATION AND FEES REQUIRED: Applications shall be submitted to the
City for any regulations administered by this chapter. Application fees shall be adopted by the
Mayor and City Council by resolution.
10-29-5: PERMITS: No permits shall be issued by an administrative officer for the
construction of any building or other improvement requiring a permit upon any land for which a
plat is required by this chapter unless and until the requirements of this chapter have been
complied with.
10-29-6: GENERAL REQUIREMENTS:
Street Requirements.
(A) All through streets in the subdivision must conform to the major street plan of the City.
1. The alignment and width of previously platted streets, when extended shall be
preserved unless topographical conditions make a modification advisable.
2. Exception to this would be in the case where the existing street will no longer meet
the required street width as determined by the current ordinance.
3. Where a subdivision abuts or contains an existing or proposed arterial street, there
shall be a reverse frontage with screening and an additional fifteen (15) foot rear
or side yard setback requirement. Access from a reverse frontage lot to an
adjacent arterial roadway is prohibited.
4. Street Right of Way (ROW) width is to be measured from property line to property
line. The minimum width of streets so measured shall be:
For local or minor streets -- sixty (60) feet
For arterials or major streets -- conform to major street plan, in accordance with
the BMPO Access Management Plan, July 2012
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Minimum width of roadway (face to face of curb) shall be, unless otherwise
approved under the direction of the City Engineer:
For local or minor streets forty-eight (48) feet
For arterials or major streets -- conform to major street plan, in accordance with
the BMPO Access Management Plan, July 2012
5. Dead-end streets, designed to be so permanently, shall not be longer than four
hundred (400) feet and shall be provided at the closed end with a turn-around
with a pavement edge diameter and right-of-way diameter as follows:
A. If the turn-around is constructed with curb and gutter, the right-of-way shall
be a minimum of one hundred (100) feet in diameter with a pavement edge
diameter of a minimum ninety-six (96) feet;
6. Streets 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 eighty (80) degrees.
7. Minor streets shall be so laid out that their use by through traffic will be
discouraged.
8. The arrangement of streets in new subdivisions shall make reasonable provisions
for the continuation of the principal existing streets in adjoining subdivisions, or
their proper projections when adjoining property is not subdivided. The street and
alley arrangements must also be such as to cause no hardship to owners of
adjoining property when they plat their land and seek to provide for convenient
access thereto. This arrangement must also provide for continuing a reasonable
number of through utility lines.
9. Minimum street grades of four-tenths percent (0.4%) will be required, with the
maximum grade being eight and three-tenths percent (8.3%) for arterials, major,
local, or minor streets. Where the observance of this standard is impossible, the
Engineer shall review the situation before an exception may be granted.
10. All streets and alleys shall be completed to the grades, which have been officially
approved or determined by the Engineer, as shown upon approved plans and
profiles.
11. Where street lines within a block deflect from each other at any one (1) point more
than ten degrees (10°), there shall be a connecting curve. The radius of the curve
for the inner street line shall not be less than seven hundred (700) feet for an
arterial or major street, and fifty (50) feet for local or minor streets.
12. Curbs at street intersections shall be rounded with curves having a minimum radius
of twenty-five (25) feet, for minor streets, but for arterials or major streets it shall
be a minimum of thirty-five (35) feet, or greater as required by the City Engineer.
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13. Street name signs shall be erected by the subdivider in accordance with City
standard specifications.
14. Sidewalks shall be a minimum of five (5) feet in width and may be required to be
wider in areas near shopping centers, schools or where pedestrian traffic may
warrant a greater width.
15. Under certain circumstances, residential areas may be allowed to be developed
without curb and gutter. When recommended by the City Engineer and the
Planning and Zoning Director, the City Council may allow development under
specific term and specifications. All exclusions to the requirement of curb and
gutter and the required specifications shall be set within a development agreement
for each subdivision or division thereof.
(B) Alleys and Easements.
1. The minimum width of any dedicated alley shall be twenty (20) feet.
2. There shall be an easement of not less than fifteen (15) feet on all lot lines within
a plat that border a dedicated public right of way. Other easements may be
required as deemed necessary by the City Engineer.
3. Alley intersections and sharp changes in alignment shall be avoided; but, where
necessary, corners shall be cut off sufficiently, as determined and approved by
the City Engineer, to permit safe vehicular movement.
4. Dead-end alleys shall be prohibited.
(C) Blocks.
1. The length, widths, and shapes of blocks shall be determined with due regard to
adequate building sites suitable to the special needs of the type of use
contemplated; the zoning regulations, as to lot size and dimension; the need for
convenient access, circulation, control, and safety of street traffic; and the
limitations and opportunities of topography.
2. Block lengths shall not exceed thirteen hundred (1,300) feet and not less than four
hundred (400) feet.
(D) Lots.
1. All lots shown on the subdivision plat must conform to the minimum requirements
of the zoning regulations.
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2. Side lines of lots shall be at right angles or radial to the street lines unless a
variation from the rule will give a better street and lot plan. All corner lots shall
have a minimum radius of twenty (20) feet on the property lines.
3. Double frontage lots shall be prohibited, except where unusual topography makes
it impossible to meet this requirement. No access will be granted to arterials or
major streets, in accordance with the BMPO Access Management Plan, July 2012.
4. All remnants of lots below minimum size left over after the subdividing of a larger
tract must be added to adjacent lots rather than allowed to remain as unusable
parcels.
(E) Each new subdivision plat shall provide for facilities for bicycles, pedestrians, and other
non-motorized modes of transportation. These facilities shall be provided as required by
a recommendation to the City Council by the Planning and Zoning Commission. Any
recommendation shall be made following the most current adopted version of the BMPO
Bicycle & Pedestrian Plan.
1. Trails within a subdivision may with a recommendation from the Planning and
Zoning Commission allow the system to be integrated as part of the required
sidewalk system. This allowance would require the widening of the required
sidewalks to accommodate bicycles and other non-motorized modes of
transportation.
2. As part of the review for trails, consideration shall be given to connection to
existing and/or future trails, to allow for connectors to schools, parks,
neighborhoods, transportation, and commercial areas, as shown in the most
current version of the BMPO Bicycle & Pedestrian Plan.
3. To allow for connectivity between neighborhoods with back-to-back cul de sacs a
walking path to connect the neighborhoods will be required.
10-29-7: PREAPPLICATION REVIEW: Prior to filing a preliminary plat application the
subdivider shall participate in a preapplication interview to enable the City to review and
comment on the proposed subdivision. Such discussions should cover the general objectives of
the subdivision, platting procedures and requirements, and potential plans for a development
agreement.
(A) The subdivider shall contact the city planner to set up a time for the preapplication
review.
(B) The subdivider shall provide a digital copy of a master plan.
(C) Elements of the master plan shall include:
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1. General concept of the development, including, but not limited to, lots, streets, alleys,
and parks and open space.
2. Phasing plan showing divisions
3. Number of lots and/or units for the total development and per division
4. Density of units per acre for the total development and per division
5. Number of acres for the total development and per division
6. Amount of open space in acres
7. Connectivity to surrounding areas through streets and trails
8. General utility layout not required to be engineered at master plan
(D) A review fee will be charged based on the current Fee Resolution for the review of the
proposed subdivision.
(E) A master plan incorporating the entirety of a property, shall be submitted to the Planning
and Zoning Commission for recommendation and action of approval or denial by the City
Council. The master plan can be presented with the preliminary plat for the first division
of a subdivision.
10-29-8: PRELIMINARY PLAT REQUIREMENTS: In seeking to subdivide land into building
lots and to dedicate streets, alleys or other land for public use there shall be one scaled drawing
in an electronic format
(pdf). The preliminary plat shall be submitted at least ten (10) days before a Planning Commission
meeting date. The Planning Commission shall review the application within ten (10) days from
the first meeting at which the plan was formally presented unless an extension of time is agreed
to by the subdivider. Prior to making a decision on the proposed preliminary plat the Planning
Commission shall determine if a public hearing should be required for the proposed preliminary
plat request. If the Planning Commission determines a hearing should be held, there shall be a
hearing scheduled for the next available hearing date before the Planning Commission. Final
approval of preliminary plats shall be by the City Council.
Any preliminary plat containing more than three (3) lots shall be submitted to the Planning
Director at least fifteen (15) days prior to the deadline for submission of such plat to the Planning
and Zoning Commission. The Planning Director shall submit the drawing for review by the City
Engineer, Fire Chief, Building Official and Planning Director. Said review shall provide the
developer with any issues needing to be addressed prior to a submission to the Planning
Commission. Changes required by the staff review shall be reflected on the submitted preliminary
plat.
The preliminary plat so prepared by the subdivider and formally filed with the Planning
Director shall contain the following information.
(A) The proposed name of the subdivision.
(B) The location of the subdivision as forming a part of some larger tract or parcel of land
referred to in the records of the County Recorder.
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(C) A vicinity map showing a radius of one-half (1/2) mile around the proposed development
shall be provided. All existing roadways shall be shown, with names on the vicinity map.
(D) A contour map at appropriate contour intervals to show the general topography of the
tract.
(E) The boundary lines of the tract to be subdivided shall be accurate in scale and bearing.
These lines should be slightly heavier than street and lot lines.
(F) The location, widths, names and other dimensions of all existing or platted streets shall
be shown on the preliminary plat. In addition, important features within one hundred
(100) feet and contiguous to the tract to be subdivided and recorded as a legal document
shall be shown on the preliminary plat. Examples of those features include but are not
limited to railroad lines, water courses, easements and exceptional topography.
(G) The approximate location of all existing or proposed utilities, including, but not limited to,
sanitary sewers, storm drains, water supply mains, fire hydrants, streetlights, bridges,
ditches and culverts within the tract and immediately adjacent thereto; and if applicable
the interconnection of such systems with the major street plan and City storm drainage
system.
(H) The location, names, widths, and other dimensions of proposed streets, alleys,
easements, parks, lots, and other open spaces.
(I) All parcels of land intended to be dedicated for public use or reserved for the use of all
property owners with the purpose indicated.
(J) North point, scales, and dates.
(K) Zoning for the subdivision shall be indicated. If more than one zone exists within the
subdivision, individual lots should include the zone.
(L) The following items shall be printed on the preliminary plat:
1. Density of subdivision in living units
2. Number of lots within the division
3. Average size of lots within the division
4. Total size of plat (in acres)
5. A signature line showing approval date shall be provided for the Planning Director
and City Engineer.
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(M) Mitigation of the impact of development on public facilities should be considered at this
stage. Recommendations from staff and the Planning and Zoning Commission shall
be directed to the City Council for consideration.
1. Written record of staff and the Planning and Zoning Commission
recommendations for mitigation shall be included in the staff presentation to the
City Council for each preliminary plat presentation.
2. Written record of the decision and motion of the City Council requirements for
mitigation shall be incorporated into an annexation or standard development
agreement prior to the final platting stage of said development.
(N) Appropriate details for any special development areas in the proposed plat, including,
but not limited to, hillside and floodplain developments.
(O) All off-site improvements required to service the development.
(P) Prior to the signage of any preliminary plat a standard development agreement shall
be submitted and approved by the City Council. The standard development
agreement must be recorded within 30 days of approval by the City Council. The
agreement shall benefit the interests of the city, the county, or the state of Idaho.
1. The standard development agreement shall contain language to include any
mitigation requirements as determined by the City Council at the Preliminary and
Final Plat stage.
2. The standard development agreement shall contain language to include any
mitigation requirements as determined by the City Council at the annexation
stage of development.
(Q) The following items shall accompany the preliminary plat application:
Prior to City Council Approval:
1. Copies and signatures showing the ability to provide sewer services by Eastern
Idaho Regional Sewer District (EIRSD) or Iona Bonneville Sewer District (IBSD),
when required by the servicing agency.
2. Preliminary Plat and improvement drawings submitted in digital form.
(R) Inspection of Public Improvements Under Construction:
1. Before approval of a preliminary plat, and before construction plans, and
specifications for public improvements, an agreement shall be made in writing
between the developer and the City to provide for inspecting the construction and its
conformity to the submitted plans.
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2. Prior to construction of public improvements, a pre-construction meeting shall be
The preliminary plat shall be drawn to a scale not smaller than one (1) inch to one hundred (100)
feet. Such approval of the preliminary plat shall be valid for a period of one (1) calendar year only.
10-29-9: REQUIREMENTS OF THE FINAL PLAT: The final plat must be submitted to the
Planning Commission for final review within one (1) year after the approval of the preliminary plat,
and no plat shall be recorded or offered for record nor shall any land be recorded or offered for
sale with reference to such plat until said plat has been duly approved as indicated in Section 10-
29-3 of this chapter.
The final plat must be submitted to the Planning Commission for final review within (1) year after
the approval of the preliminary plat. Otherwise, such approval shall become null and void and no
plat shall be recorded or offered for record nor shall any land be recorded or offered for sale with
reference to such plat, unless the subdivider, ninety (90) days prior to said expiration date, applies
for an extension of time and such extension is granted by the City. A maximum twelve-month
extension may be granted by the City at its sole discretion.
(A) The application shall be filed with the city and shall include:
1. A viable and acceptable plan which demonstrates how recordation of the final plan
will occur within the year.
2. A schedule that depicts the anticipated progress for completion of the final plat
within the year.
3. An application fee will be charged based on the current Fee Resolution for the
review of the proposed subdivision.
The Planning Commission must review the final plat. The final plat shall be submitted at least ten
(10) days before a Planning Commission meeting date. The Planning Commission shall review
the application within ten (10) days from the first meeting at which the plan was formally presented
unless an extension of time is agreed to by the subdivider.
Final approval of the plat shall be secured from the City Council; otherwise, the subdivider will be
duly notified of its rejection by said body. The final plat must be recorded within six (6) months of
approval by the City Council, or it shall expire.
The plat sheet must be prepared in accordance with the Idaho Code.
Page 9 of 19 SUBDIVISION REGULATIONS REVISED 11-14-2024
After approval of the Planning and Zoning Commission and City Council; two (2) mylar prints and
one (1) paper print, shall be submitted to the Planning Department for final City staff review and
approval. If approved, the prints shall have endorsed thereon the required approvals of all public
agencies and property owners. Upon final approval the City Clerk shall submit the drawings to
the County Recorder and return the prints for the City to the Planning Director and the County
Recorder shall have attested the content on the print for the City to be the same that has been
recorded with the County. Payment for all recordings shall be made to the City Clerk in care of
Bonneville County Recorder.
Plats must meet the requirements of Idaho Statute 50-1304.
The following information shall be contained upon the drawing to be filed with the City Engineer:
(A) The name and general location of the subdivision in bold letters at the top of the sheet.
The name of the subdivision must not bear the name of any other town or addition in the
County.
(B) The north point and scale of the plat.
(C) The boundaries must be accurately drawn, showing the proper bearings and dimensions
of all boundary lines of the subdivision. These lines should be slightly heavier than street
and lot lines.
(D) The names, widths, lengths, bearings, and curve data on center lines of proposed streets,
alleys, and easements desired or necessary; also, the boundaries, bearings, and
dimensions of all portions within the subdivision as intended to be dedicated to the use of
the public. The sizes, lines, dimensions, bearings, and number of all lots, blocks, and/or
parts reserved for any reason within the subdivision.
(E) The widths and names of abutting streets and alleys, and the names and boundaries of
all subdivisions which have been previously recorded and adjacent thereto, must be
shown upon the plat offered for record. These adjacent subdivisions will be shown in
dotted lines to show their relationship to the plat offered for record. If adjoining land is
unplatted, it should be indicated as such.
(F) All linear dimensions shall be calculated to the nearest one-hundredth (.01) of a foot, and
all bearings shall be calculated to the nearest ten (10) seconds of arc, except on the
boundaries where the bearings may be shown to the nearest one (1) second. All curves
shall be defined by the radius, central angel, tangent, arc, and chord distances. The
description and location of all monuments shall be shown. Monuments of iron pipe, stone,
or concrete shall be set at tangent points or points of curves of street intersections on
property lines, at alley intersections and at such other points as may be necessary to make
the retracing of the lines as shown on the final plat reasonably convenient. No plat
showing a plus or minus distance will be accepted unless agreed to by the Engineer.
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(G) A definite tie between not less than two (2) prominent points shall be shown between the
exterior boundary of the subdivision and the section corner and quarter corner system of
the County as established by the United States Government and supplemented by the
County, indicated either by bearing and distance or by rectangular coordinates. The said
tie may be made to a line of a county plat, or a plat of a neighboring subdivision, which
conforms to the above requirement.
(H) All lots shall be numbered by progressive numbers in each block separately; blocks shall
also be numbered.
(I) Upon the print must appear the following required signatures: Registered Professional
Engineer and/or Land Surveyor's "Certificate of Survey"; owner's dedication certificate
with notary public's acknowledgment; the approval of the Mayor attested by the Clerk; and
the City Engineer.
(J) The following items shall be printed on the final plat:
1. Density of subdivision in living units
2. Number of lots within the division
3. Average size of lots within the division
4. Total size of plat (in acres)
5. Zoning for the subdivision shall be indicated. If more than one zone exists within
the subdivision, individual lots should include the zone.
6. A vicinity map showing a radius of one-half (1/2) mile around the proposed
development. All existing roadways shall be shown with names on the vicinity map.
(K) Appropriate details for any special development areas, including, but not limited to, hillside
and floodplain developments.
(L) The following items shall accompany the final plat application:
Prior to City Council Approval:
1. Copies of any private restrictions proposed to be recorded for the purpose of
providing regulations governing the use, building lines, open spaces, or other
aspects of development and use.
All dimensions, both linear and angular are to be staked in the field by an accurate control survey
which must balance and close within a limit of one (1) in ten thousand (10,000).
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The final print of the final plat shall be signed separately by all parties duly authorized and required
to sign.
(M) Prior to the approval of any final plat, the subdivider shall:
1. Provide the necessary documentation to show that all required improvements,
infrastructure, public improvements, and public utilities have been installed and
conditions of approval have been met and inspected and approved by the city.
2. Pay all required fees.
10-29-10: COMBINING PRELIMINARY AND FINAL PLATS (SHORT PLAT): The applicant may
request that the subdivision application be processed as both a preliminary and final plat if the
following criteria are met:
(A) The proposed subdivision does not exceed 3 lots.
(B) No new street dedications or street widenings are involved.
(C) No special development considerations are involved, such as floodplain or hillside.
(D) All required information for both the preliminary and final plat is provided and in the correct
form.
(E) All agency approvals have been obtained.
10-29-11: STREET IMPROVEMENTS REQUIRED FEES: The owners of any land to be
platted as a subdivision shall be required to install all street improvements, including sidewalks,
curb, and gutter, street grading and surfacing, as well as sanitary sewers, street drainage, and
drainage structures, water mains and fire hydrants, including hydrant and valve boxes, also
including all street signage as needed to comply with City standards, and all such improvements
to be installed under the specifications and inspection of the Engineer. The installations of all
such improvements required above may be reduced on major streets forming a boundary of the
subdivision with the approval of the City Engineer.
Some street improvements may be required to be paid in lieu of construction, at two hundred
(200%) percent of cost, as determined by the City Engineer. funds remaining above
the proportionate shared cost after completion of the project will be refunded to the Developer.
A review fee will be charged based on the current Fee Resolution for the review of improvement
drawings and inspections, as determined by the City Engineer and the City Council.
10-29-12: DEDICATIONS: All streets, alleys, and easements, within the subdivision must be
dedicated for public use.
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Dedication of all other public open space within the subdivision will be required in accordance
with annexation and/or related standard development agreement. Where this plan calls for a
larger amount of public space than the subdivider can be reasonably expected to dedicate, the
land needed beyond the subdivider's fair contribution is to be reserved for acquisition by the City,
provided such acquisition is made within five (5) years from the date of approval.
The action of the Mayor and Council in exercising this power to compel dedication of public open
space shall take place only after a public hearing has been held on the matter. Anyone aggrieved
by the decision of the Council may have the decision reviewed by a court of competent jurisdiction.
10-29-13: AMENDED PLATS:
(A) If amendments are made to the plat following city approval, but prior to recording, a copy
of the revised plat shall be submitted to the city for review and approval prior to recording.
Building permits will not be issued on a development whose plat was modified following
approval by the city.
(B) Amended plats must be filed as per original. In the event a plat of a subdivision has been
recorded and major changes have been made which change the subdivision materially,
the subdivision upon which these changes have been made must be vacated and an
amended plat filed in accordance with the regulations set up in this chapter.
(C) Any change in the location of a street or area reserved for public use or in alleys and
easements shall require the filing of amended plat.
(D) Any change, which affects lot lines, lot sizes or units for additional building which may be
under separate ownership shall be submitted and reviewed by the City Engineer and
Planning Director. If it is the determination of the City Engineer and Planning Director
that an amended plat is required to maintain the integrity of a subdivision, an amended
plat or condominium plat shall be filed. Decisions of the City Engineer and Planning
Director may be appealed to the City Council for a ruling. In cases where it is
determined an amended plat is not required the following items shall be submitted to the
Planning Director for processing:
1. A full-size copy of the existing plat showing the requested lot line
changes. These changes should be detailed in color to easily show the
changes requested.
2. A drawing showing in detail the changes and existing lots line drawn to a
scale of not less than 1:40 shall be submitted to the Planning Director.
This drawing shall include the new legal description of the properties
being changed.
3. A new legal description of the properties affected by the request
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4. Documentation from Bonneville County showing the current ownership of
the property that changes are being requested on.
5. A letter from the current property owner requesting the changes shown in
the above-mentioned detail.
6. Once all information has been submitted and final approval has been
received, the Planning Director will prepare and record the necessary
documentation for each affected lot. NO future building permit shall be
issued on the subject property until all documentation has been received
and recorded.
(E) Any change, which divides an existing building which may produce separate ownership of
portions of said building shall require the filing of an amended plat or condominium plat
(F) Any request to amend a plat must be accompanied by a copy of the original plat.
10-29-14: EXCEPTIONS MAY BE MADE TO AVOID HARDSHIP: Whenever the tract to be
subdivided is, in the opinion of the Council, of such unusual shape or size or is surrounded by
such development or unusual conditions that the strict application of the requirements contained
herein would result in real difficulties and substantial hardships or injustices, the Council may vary
or modify such requirements so that the subdivider is allowed to develop his property in a
reasonable manner, but so, at the same time, the public welfare and interests of the City and
surrounding area are protected and the general intent and spirit of this chapter are preserved.
10-29-15: SITE PLAN REVIEW: A final site plan review must be approved prior to the
issuance of a building permit in all zones.
(A) A preliminary site plan must be submitted to the Planning Director to be presented to
applicable City Departments for review and recommendations under the following
conditions:
1. Multi-family dwellings consisting of four (4) or more attached dwelling units.
2. Dwelling groups consisting of two (2) or more dwelling units inside or outside a
Planned Unit Development (PUD).
3. Other residential developments as deemed necessary by the City Council, the
Planning Director or as requested by the Planning and Zoning Commission.
4. All developments outside residential zones.
5. All lots being redeveloped through a planned transition zone.
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(B) A site plan must be submitted to the Planning Director for approval in all low-density
residential zones, before the issuance of a building permit, indicating the following
requirements:
1. All property lines
2. Names of adjacent streets
3. Setbacks on all four (4) sides of the structure to the property lines
4. Lot dimensions according to the recorded plat
5. Building dimensions
6. Access location and width of driveway
a. Each property is allowed only one (1) access with a thirty (30) foot maximum
width at the street, in accordance with the BMPO Access Management Plan,
July 2012 and City Policy #50-001.
7. Site address including City of Ammon and Bonneville County, Idaho
8. Subdivision, Division, Lot, and Block
9. Zone
10. North arrow
11.
12. Location of utilities, including Fiber if applicable
13. Existing structures, if applicable
14. Stormwater Pollution Prevention Plan (SWPPP)
(C) Staff shall review all site plans for compliance to the requirements of the site plan
submission standards. All requirements will be forwarded to the developer for compliance.
(D) Staff review of site plans shall be completed prior to final approval of any site plan. Only
after signatures from all departments of the City relating to site plan approval shall the site
(E) All final site plan drawings shall comply with the Site Plan Requirement sheet available
from the City Planning and Zoning Department. Additional documentation may be
required as necessary for complete review of any site plan.
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(F) Upon request for a certificate of occupancy each applicable department shall review the
site for compliance with the approved final site plan. The Building Official shall not approve
the issuance of a certificate of occupancy until the site has been found to be in compliance
with the approved final site plan, unless it is determined by each reviewing Department
Head that a temporary certificate of occupancy is appropriate for non-safety issues. Prior
to the expiration of a temporary certificate of occupancy all non-compliance issues shall
be brought into compliance.
(G) Approval of a site plan shall be valid for a period of twenty-four (24) months.
10-29-16: Split Zoned Lots: The following shall address split zoned lots within the City of
Ammon.
(A) Split zoned lots are prohibited in the City of Ammon.
(B) Upon submission of a request for final plat approval a separate document shall be
submitted for staff review showing the zoning of each lot within the requested final plat.
10-29-17: GUARANTEE OF COMPLETION: The developer of a subdivision within the City
shall be required to construct and install all Public improvements as required by the approved
improvement drawings for each subdivision or division thereof prior to the signage of any final
plat for said subdivision or produce a guarantee of completion. This guarantee of completion
shall be provided in lieu of completing all infrastructure improvements prior to issuance of
building permits within a subdivision as required in the City of Ammon annexation and
development agreements or any other agreements approved by the City of Ammon.
(A) Financial Guarantee Arrangements: Prior to commencing construction on or approving
financial guarantees for any public improvements, the Preliminary Plat and Standard
Development Agreement shall be approved and the standard development agreement
shall be recorded. The City shall require the developer to provide a financial guarantee
of performance in one or a combination of the following arrangements which said
requirements shall be in addition to the requirements of any other agency responsible for
the administration, operation and maintenance of the applicable public improvement.
Public improvements shall include but not be limited to: roads, phone, electric, fiber
optics, public water, natural gas, public sewer, fire protection, cable, lighting and
required landscaping, curb, gutter, sidewalks and drainage systems.
1. Surety Bond:
a. Accrual: The bond shall accrue to the City of Ammon covering all
costs of construction, of the specific public improvements.
b. Amount: The bond shall be in the amount equal to two-hundred
Page 16 of 19 SUBDIVISION REGULATIONS REVISED 11-14-2024
percent (200%) of the total estimated cost based on the development cost
agreement in item 10-29-15-(A)-1-e below, for completing construction of
the specific public improvement, as recommended and approved by the
City Engineer. The bond shall also include a processing fee based on the
current Fee Resolution.
c. Term Length: The bond shall be in force and held by the City for a
period of 24 months after the public improvements are completed and
accepted by the City. Any repairs or replacements to the public
infrastructure during the initial warranty period shall automatically extend
the warranty period 12 additional months beyond the initial 24 months
and the bond or value related to said replacement or repair shall be
extended with the warranty period and the bond in unusual circumstances
beyond the afore mentioned 24-month period.
d. Bonding for Surety Company: The bond shall be with a surety
company authorized to do business in the State of Idaho and acceptable
to the City Council.
e. Development Cost Agreement: The Development cost agreement
the City Engineer. Said agreement shall reflect actual cost estimates plus
ten (10) percent of the improvements needed to complete subdivision.
2. Cash Deposit, Certified Check, Negotiable Bond or Irrevocable Bank Letter of
Credit:
a. Treasurer, Escrow Agent or Trust Company: A cash deposit, certified
check, negotiable bond or an irrevocable bank letter of credit, such surety
acceptable by the City, shall be deposited with an escrow agent, City
Treasurer, or trust company;
b. Dollar Value: The dollar value of the cash deposit, certified check,
negotiable bond or an irrevocable bank letter of credit shall be equal to
two hundred percent (200%) of the estimated cost based on the
development cost agreement in item 10-29-15-(A)-2-d below, for
completing construction of the specific public improvement, as
recommended and approved by the City Engineer.
c. Escrow Time: The bond shall be in force and held by the City for a
minimum period of 24 months with automatic renewal until such time as
after the public improvements are completed and accepted by the City,
and shall further continue until all contractual warranty periods are
completed. Any repairs or replacements to the public infrastructure during
the initial warranty period shall automatically extend the warranty period
12 additional months beyond the initial 24 months and the bond or value
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related to said replacement or repair shall be extended with the warranty
period. The City Engineer may extend the warranty period and the bond
in unusual circumstances beyond the afore mentioned 24-month period.
d. Development Cost Agreement: The Development cost agreement shall
be provided by the developers registered engineer and approved by the
City Engineer. Said agreement shall reflect actual cost estimates plus ten
(10) percent of the improvements needed to complete subdivision.
(B) Approval of As Built Site Improvements: With respect to financial guarantees, the
approval of all as built site improvements within a subdivision or PUD shall be
conditioned on the accomplishment of the following:
1. The improvements as required in the construction improvement drawings
required by this title have been completed by the developer and approved by
the City.
2.
with an acknowledged/notarized letter.
(C) Penalty in Case of Failure to Complete Construction of Public Improvements: In the event
the developer shall, in any case, fail to complete such work within the period of time as
required by the conditions of the guarantee for the completion of public improvements, it
shall be the responsibility of the City Council to proceed to have such work completed. In
order to accomplish this, the City Council shall reimburse itself for the cost and expense
thereof by appropriating the cash deposit, certified check, irrevocable letter of credit, or
negotiable bond which the developer may have deposited in lieu of surety bond, or may
take such steps as necessary to require performance by the bonding or surety company,
and as included in a written agreement between the Council and the developer.
(D) Reduction and Release of Guarantee: Only after the inspecting engineer certifies that
improvements are complete and free from defect, after receipt of notarized statement,
and itemized bill, the City shall release the developer from the subdivision improvements
agreement upon completion of all warranty periods.
1. In subdivisions where a cash deposit, certified check, or negotiable bond
for guarantee of sidewalk installation only has been presented; and after
completion of a minimum of fifty (50) percent of the required infrastructure
improvements within the subdivision, the Developer may request up to
fifty (50) percent of the deposit to be refunded. Any deposit refund
request must be made in writing to the City Engineer who shall than
inspect the subdivision for completion of sidewalks and notify the
Developer in writing of the results of the inspection. If the City Engineer
determines a refund may be processed, he/she shall then issue a request
to the City Treasurer that all or a portion of the funds being held in escrow
be released to the Developer dependent on the percent of
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completion. Calculations for refund shall be done on a lot-by-lot basis in
the same method as the deposit amount was calculated.
2. The City Engineer shall be authorized to release portions of any financial
guarantees and waive remaining warranty periods after finding that public
infrastructure is completed, fully meets city standards, and that
withholding the financial guarantee associated with the public
infrastructure would provide no public benefit.
(E) Phasing Allowed: Any existing plat which was approved and recorded on or before
December 31, 2011, shall be allowed to phase development under the following
conditions:
1. Any proposed phase shall be approved by the City Engineer and Planning
Director.
2. No phase shall be allowed on any recorded plat with less than twenty (20)
buildable lots.
3. No phase shall be allowed with less than ten (10) adjacent lots.
4. The developer shall be responsible for providing a final phased development plan
showing each phase of the plat.
5. All other requirements of this section shall be met within each phased portion of a
recorded plat.
10-29-18: Judicial Orders: The following shall address judicial orders in regards to lots and
buildings affected by judicial order:
(A) Any non-complying lot created within the City by a judicial order shall be considered a
non-buildable lot until such time the lot is brought into conforming status.
(B) Any non-complying lot created within the City by a judicial order containing an existing
building that is made non-conforming by said judicial order shall be considered a non-
conforming building until such time as the building is brought into conforming status.
10-29-19: Fees for Review: Reasonable fees sufficient to recover incurred costs may be
charged. The City Council may, by resolution, adopt fees for services associated with review,
processing and inspection of subdivisions. Such fees shall be reasonably related to the costs of
services provided by the City with respect to the subdivision of land.
10-29-20: Penalty: Any person, firm or corporation, whether as principal, agent, employee
or otherwise who fails to comply with the conditions and or requirements of this chapter shall be
guilty of an infraction and shall be subject to penalties prescribed for such violations under
section 1-4-2 of this code.
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