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CHAPTER 29 Title 10 Subdivision Regulations Page 1 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 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. Page 2 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 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 Page 3 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 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. Page 4 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 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. Page 5 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 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: Page 6 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 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. 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 submitted to the Planning and Zoning Director a minimum of 24” X 36” 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. (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. Page 7 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 (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. (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. Page 8 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 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 its’ 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. 2. Prior to construction of public improvements, a pre-construction meeting shall be held with the appropriate City of Ammon departments’ staff, the project engineer and the contractor or the contractor’s designated representative. Page 9 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 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. 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 Page 10 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 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: (B) 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. C) The north point and scale of the plat. (D) 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. (E) 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. (F) 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. (G) 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. (H) 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. Page 11 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 (I) All lots shall be numbered by progressive numbers in each block separately; blocks shall also be numbered. (J) 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. (K) 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. (L) Appropriate details for any special development areas, including, but not limited to, hillside and floodplain developments. (M) 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). The final print of the final plat shall be signed separately by all parties duly authorized and required to sign. (N) Prior to the approval of any final plat, the subdivider shall: Page 12 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 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. Developers’ 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. 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 Page 13 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 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 submitted in a “word” electronic file. 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. Page 14 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 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. (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 Page 15 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 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. Contractor’s name 12. Location of utilities, including Fiber if applicable 13. Existing structures, if applicable (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 plan become considered a “final site plan”. (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. (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. Page 16 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 (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 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 Page 17 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 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 shall be provided by the developer’s 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. 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 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. Page 18 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 (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. All completed improvements must be approved by the developer’s engineer 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 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. Page 19 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 (A) 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.