Chapter 1 General Regulations

B. That the use will be in accordance with the goals and policies of the Boise County Comprehensive Plan.

C. That the use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character and uses of the vicinity and that such use will not change the essential character of the same area.

D. That the use will not be hazardous or in conflict with existing neighboring uses.

E. That the use will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer, schools, etc., at reasonable marginal cost.

F. That the use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

G. That the use will not involve uses, activities, processes, materials, equipment and conditions or operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, pollution or odors.

H. That the use will not have vehicular approaches to the property which create hazardous interference with traffic on surrounding thoroughfares.

I. That the use will not result in the destruction of any significant natural, scenic or historic feature.
5A-9 Time Limitation for Construction:

Unless a longer time is specifically established as a condition of approval, a conditional use permit shall be considered void twelve (12) months following the effective date of the permit approval if construction is not underway and being diligently pursued toward completion.

The Commission may grant more than one conditional use permit to a single parcel of property or may grant conditional use permits to a single parcel of property that currently contains an allowed use.

The Administrator shall investigate all complaints in regard to noncompliance of the conditions of approval associated with an approved conditional use permit. In the event that noncompliance with the conditions of approval is found and is continuing after due notice to the applicant, the Administrator shall have the authority to order a public hearing before the deciding body, in conformance with Chapter 7, Article A, Sections 4 and 5. At the public hearing, the deciding body shall have the authority to affirm, reverse, modify, in whole or in part, the approval, or make or substitute any additional conditions that in its deliberations it may find warranted. In order to take action except to affirm the approval, the deciding body must find there is a violation of the conditions of approval of an application within the authority of the deciding body and one or more of the following:

A. The violation has caused or will cause detriment to the public health, safety or welfare.
B. The violation has created or will create undue adverse impact on surrounding properties.

C. The violation has caused or will cause the approved use to be served by inadequate public or private facilities.

D. The violation has impeded or will impede the normal development of surrounding property.

Chapter 6: Subdivision Regulations:

Section 1 Purpose

Section 2 Jurisdiction

Section 3 Applicability

Section 4 Interpretation

Section 5 Restrictions

Section 6 Process

Section 7 Administrative Exceptions

Section 8 Plat Specifications

8-1 Minor Subdivision

8-2 Full and Large Scale Subdivisions

Section 9 Vacation of Subdivision Plats

Section 10 Special Developments

Section 11 Mitigation of Effects of Subdivision Impact on School Districts

Section 12 Required Findings

Section 13 Variances

Article A Design Standards

Article B Required Improvements

The purpose of this chapter is to promote and protect the public health, safety and general welfare of the citizens of this county and the public. The primary function of this chapter shall be to provide a process to review development proposals to assure that public and private facilities are designed and constructed to serve the people that will depend on them and that such development will minimize public costs while protecting the quality of the natural and developed environment. The chapter will also:

1. 
   Establish standards for land subdivision to provide for the orderly and harmonious development of land in Boise County;
   
2. 
   Ensure the development is in conformance with Idaho Code and with the goals and policies of the Boise County Comprehensive Plan, the requirements of the Boise County Unified Development Ordinance, and with the requirements of other agencies;
   
3. 
   Ensure the provision of adequate transportation, water and sewage facilities, water drainage, emergency services, fire and police protection and other public services;
   
4. 
   Ensure that the impact of subdivision development does not affect the ability of the local jurisdictions or taxing districts, including school districts, to deliver services without compromising their current quality or imposing higher costs upon current residents;
   
5. 
   Provide for the administration of these regulations.
   

This chapter shall apply to the subdivision of land within Boise County, including the property within Boise County as may be agreed upon by Boise County and any municipality within Boise County governed by the provisions of Sections 50-1306 and 67-6526, Idaho Code.

This chapter shall apply to every division of land into two (2) or more lots, tracts, parcels sites or divisions (with the exception of Chapter 4, Article B) regardless of size or purpose, within the jurisdiction of Boise County.

All proposed subdivision of land shall comply with the regulations of this chapter. The regulations contained in this chapter shall be considered minimum standards. The regulations of this chapter are in addition to all other regulations, and where at variance with other laws, regulations, ordinances or resolutions of the county, or any other governmental body having jurisdiction, the more restrictive requirements shall apply. Furthermore, where appropriate for the protection of the public health, safety, convenience or welfare, more stringent standards may be imposed by the Board.

The following restrictions shall be incorporated in any plat, subdivision or dedication and each of the requirements hereinafter set forth shall be considered mandatory unless otherwise indicated.

1. 
   Land, which the Board has found to be unsuitable for subdivision because of flooding, poor drainage, steep slopes, rock formations, or other features likely to be harmful to the safety and general health of the future residents and which the Board considers inappropriate for subdivision shall not be subdivided unless adequate methods approved by the board are included for mitigating these conditions.
   
2. 
   In making its determination regarding unsuitability, the Board shall use as a guide, those standards for flood plain, hillside development, traffic, drainage, fire, hydro geologic, and other topographical features adopted by the Board.
   
3. 
   Determination by the Board of unsuitability can be made at any time during the preliminary platting process.
   

1. 
   Pre-application Plat Conference:
   

2. 
   Neighborhood Meeting:
   

3. 
   Application and Fees:
   

1. A digital format of the plat may be required by the County Surveyor.

2. Codes, covenants, and restrictions, if applicable, shall be submitted concurrent with a preliminary plat application.

4. The preliminary plat application for subdivisions in an overlay district shall contain any additional reports or materials required by Chapter 3 of this ordinance.

5. If an applicant or owner intends to complete the final platting of the subdivision in phases, the proposed phasing shall be submitted with the application.

6. If an irrigation right exists to the property, the applicant shall submit an irrigation plan that is consistent with Idaho Code Section 31-3805.

D. Proposed Plat:

The Commission and Board shall apply the design standards listed in Article A of this chapter and the required improvements listed in Article B of this chapter, and the findings listed in Section 12, of this chapter to review the proposed plat.

E. Approved Preliminary Plat:

If approved by the Board, the preliminary plat for a phased subdivision shall include an approval period in which all final plats must be completed.

F. Preliminary Plat Final Decision:

A decision of the Board on a preliminary plat shall be final as to all matters set forth in said preliminary plat. This decision may be appealed under the regulations of Chapter 7, Section 7, of this ordinance.

7. 
   Final Plat Approval:
   

H. Recording Final Plat:

The owner shall record a final plat and any proposed covenants with the Boise County Recorder within one year after the Board signs such final plat, otherwise, the approval shall become null and void. For phased subdivisions, the Board may approve final plats for the phases of the subdivision in successive one year intervals.

I. Time Extension:

The applicant or owner may apply for a time extension, as set forth in Chapter 7, Section 6, of this ordinance, if needed to extend the time allowed to approve the final plat or phase of a final plat, if applicable.

6-7 Administrative Exceptions:

The Administrative Exception procedure applies to those property boundary adjustments or divisions of property as defined in Chapter 1, Article A. All required information for the Record of Survey procedures shall be complete and in acceptable form for consideration of the Administrative Exception. Any further division of the parcel of record will require the minor or full subdivision process to be followed as described in Section 8, of this chapter and shall apply to any portion of the parcel of record.

1. 
   Review Procedure for an Administrative Exception Application:
   

1. 
   Application:
   

2. 
   Approval:
   

The individual parcel/lot sizes are two (2) acres or more in size, if they are served by individual wells and septic systems, or one (1) acre, if they are to be served by central water and septic systems.

1. 
   All parcels have access from a public, or Private Common Use, road or by recorded easement from a public, or Private Common Use, road and clearly delineated on the Record of Survey. All roads must conform to Chapter 4, Article C, and Wildland Urban Interface requirements pursuant to Chapter 3, Article A.
   
2. 
   A Record of Survey (Mylar) is prepared and presented to the Planning and Zoning Administrator.
   
3. 
   An 8 ½ x 11 paper copy of the Record of Survey is attached to the application and presented to the Planning and Zoning Administrator.
   
4. 
   Deeds for the proposed new parcels/lots have been properly prepared and presented to the Planning and Zoning Administrator.
   
5. 
   The health authority has reviewed and provided a letter approving the proposed exception.
   
6. 
   The County Treasurer has certified that all taxes have been paid on the parcel to be split.
   
7. 
   The County Assessor has certified that parcels are acceptable for assessing and tax purposes.
   
8. 
   Other documents as required by each individual type of Administrative Exemption have been received by the Planning and Zoning Department.
   

3. 
   Record of Survey (ROS) and Face Notes:
   

1. 
   For the Purpose of (insert Type of Administrative Exception); or
   
2. 
   A statement identified in each type of Administrative Exception.
   

2. 
   Types of Administrative Exceptions:
   

2. 
   Civic Use:
   

2. 
   Probate Estate or Distribution of Marital Property:
   

2. 
   Exchange of Land:
   

Must be in compliance with Chapter 4, Article D.

2. 
   Acquisition of Right-of-Way by a Public Entity:
   

The minor subdivision procedure applies to parcels or tracts which will be divided into no more than four (4) buildable lots. Any greater number of parcels, tracts or lot splits requires the subdivider or person responsible for such change to submit a preliminary plat of the entire subdivision being proposed and follow the requirements for full subdivision plat review as further defined by this Ordinance. Only one (1) minor plat or Administrative Exception pursuant to Chapter 4, Section B, is permitted per parcel of record in the original configuration on November 27, 1978. All required information for both preliminary and final plat procedure shall be complete and in acceptable form for consideration of subdivision. Any further division of the parcel of record will require the full subdivision process pursuant to Section 6-8-2 Full and Large Scale Subdivisions of the Boise County Unified Development Code.

1. 
   Application:
   

1. 
   The health authority has reviewed and provided a letter approving the subdivision and/or has certified by an approval signature on the plat or it is clearly stated on the plat that sanitary restrictions are enforced.
   
2. 
   The County Treasurer has certified by an approval signature on the plat that all taxes have been paid on the parcel identified therein.
   
3. 
   The County Assessor has certified by signature on the plat that platting is acceptable for assessing and tax purposes.
   
4. 
   The County Surveyor has certified by signature on the plat that platting complies with Title 50, Chapter 13, Idaho Code relating to plats and surveys, and is also in compliance with this Ordinance. The County shall choose and require an Idaho professional land surveyor to check the plat and computations thereon to determine that the requirements herein are met, and said professional land surveyor shall certify such compliance on the plat. Such certification shall not relieve the professional land surveyor who prepared the plat from responsibility for the plat. For performing such service the County shall collect from the Applicant a fee as provided by local ordinance reasonably related to the cost of providing such service.
   
5. 
   If other State, Federal or Local agency have raised unresolved objections those issues shall be placed as conditions on the application and must be resolved by the applicant prior to the Board signing the final Plat.
   
6. 
   In those areas of Boise County where approved central sewer and central domestic water facilities acceptable under the standards of this Ordinance are not available, and/or where individual wells and/or individual onsite sewage disposal facilities on each lot would be necessary, the minimum lot size shall be in accordance with the following, which may be subject to upward or downward adjustment upon a determination of other reviewing agencies, that such adjustment either will or will not affect the public health, safety and welfare:
   
   1. 
      Individual water and individual sewage disposal: Two (2) acres;
      
   2. 
      Central water and individual sewage disposal: One (1) acre;
      
   3. 
      Individual water and central sewage disposal: One (1) acre.
      
7. 
   Application shall provide evidence of legal access (easement or deed) to the subject property from an approved Boise County Road.
   
8. 
   Application shall include a vicinity map of the subject property in a scale sufficient to identify the location of the subdivision; which may shall, as applicable, include the following:
   
   1. 
      Subdivision name;
      
   2. 
      “North” arrow;
      
   3. 
      Scale (map to be drawn at a scale of 1” = 300’ or larger)
      
   4. 
      A map including an area 600’ beyond proposed development or sufficient area around it to provide adequate orientation and landmark identification for someone unfamiliar with the vicinity;
      
   5. 
      Names of adjoining developments, with locations of intersecting boundary lines;
      
   6. 
      Location and names of all streets, roadways, and designated, public pathways including the nearest collector or arterial in both north/south and east/west direction;
      
   7. 
      Clear identification of the boundary of the proposed development, its proposed roadway alignments and proposed lot lines;
      
   8. 
      Location of city and/or County limits falling within or adjacent to the proposed development;
      
   9. 
      Indication of the zoning of site and adjacent properties;
      
   10. 
       Topography; and
       
   11. 
       Water features/wet lands.
       
9. 
   A Fire Plan signed by the applicable Fire District or the agency responsible for fire protection. As a minimum, the Fire Plan shall address the following:
   
   1. 
      Access, ingress and egress, regarding both roadways and driveway standards;
      
   2. 
      Water Supply Sources;
      
   3. 
      Building construction with fire safety in mind;
      
   4. 
      Defensible space;
      
   5. 
      Fuel types, vegetation on site;
      
   6. 
      Fire evacuation plan; and
      
   7. 
      Identify fire protection agency source and funding of same.
      
10. 
    Latitude and longitude (GIS/GPS data) for the primary subdivision access and all proposed driveway locations or large lot approximate center point shall be identified.
    

2. 
   Fee:
   

2. 
   County Responsibility:
   

2. 
   
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