11-09-01: Purpose And Applicability
1. Purpose: To promote the public health, safety, and general welfare of present and future residents, and to ensure the coordinated and efficient subdividing of land. Procedures for review and decision-making on subdivision applications are located in Sections 11-03-04.4, Subdivision Plat, of this Code.
A. This Chapter shall apply uniformly to all land divisions within the City of Boise. However, if a parcel to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the regulations in this chapter would result in substantial hardship or inequity, the Council or Commission may waive or modify the regulations according to the procedures and criteria of Section 11-09-05.1 Modifications and Waivers.
B. Five-Acre Parcel Division (Record Of Survey Not Required): The division of land into parcels of five acres or more meeting the following standards:
(1) The land is not zoned for or intended to be used for residential development purposes;
(2) The dedication of public streets or construction of private streets is not required other than dedications for the widening of existing streets, and
(3) The parcels front onto a street and meet the dimensional standards of the zoning district within which they are located, unless a modification or waiver of those standards is granted by the Commission.
11-09-02: Records Of Survey
1. Standards: The following divisions of land and/or change of parcel boundaries will require the review and approval of a Record of Survey prepared in accord with Idaho Code, 55-19, to establish that resulting parcels are conforming, buildable parcels.
A. Minor Land Division: The purpose of the Minor Land Division is to allow the creation of up to four buildable parcels without being subject to the procedural provisions of the Preliminary and Final Plat regulations of this title. A Record of Survey, application and the appropriate fee are required for a Minor Land Division of a lot, tract or parcel of land. The Minor Land Division must meet the following conditions:
(1) No Minor Land Division shall create more than 4 new parcels;
(2) No property involved in a Minor Land Division shall be involved in a subsequent Minor Land Division for a period of 1 year from the recording date of the previous Record of Survey for a Minor Land Division;
(3) No new street dedication, excluding widening of an existing street, is involved;
(4) No new public utility lines shall be extended within the right-of-way to property involved in a Minor Land Division;
(5) Wet line sewer and central water lines must be currently located in the public right-of-way that abuts the parcel to be divided;
(6) All resulting parcels must conform to the minimum requirements of all existing land use regulations including the adopted Zoning Ordinance;
(7) If any of the following conditions are present, a subdivision application will be required.
(a) The possibility for public or private streets that would provide greater connectivity to the area;
(b) Creating lots that will have incompatible setbacks to surrounding parcels (i.e. side yards adjacent to rear yards);
(c) The creation of multiple driveway access points on a collector or arterial roadway when a public or private street could avoid the situation;
(d) Creating a larger remnant parcel that could otherwise be included in an overall subdivision; and
(e) New property lines configured in a way that could create future setback or access issues.
(8) All existing buildings to remain shall meet applicable zoning requirements regarding allowed uses and parking and shall comply with the setback requirements of the existing zone as measured from any parcel boundary being created by this process. Additionally, the following shall apply:
(a) Any setback that was legally non-conforming prior to the Minor Land Division may remain as a legal non-conforming setback, provided the legal non-conforming setback is not altered by the Minor Land Division;
(b) Any building not meeting the required setback that is to be partially or completely demolished or moved shall be either demolished or moved prior to the approval of the Minor Land Division;
(c) Any existing structures shall connect to public water and sewer lines prior to approval of the Minor Land Division;
(d) If required parking is provided by means of a permanent shared-parking agreement, a note on the face of the survey must list the total required and provided parking for all parcels to which the shared parking provisions of the shared-parking agreement applies;
(e) When utilities cross land being divided, a utility easement shall be provided and indicated on the Record of Survey. If an easement is located in a proposed permanent structure construction area, the easement shall be vacated prior to the Planning Director's approval of the Minor Land Division; and
(f) All new parcels that abut the public right-of-way shall be improved with sidewalk, curb and gutter, and if applicable, a paved driveway apron that extends to the edge of street pavement will be required. All right-of-way improvements, license agreements, and/or bonding shall be completed prior to the Planning Director's approval of the Minor Land Division.
B. Property Line Adjustment: A property line adjustment that establishes buildable parcels with boundaries that differ from existing buildable parcel and/or buildable lot boundaries.
(1) Conforming Lots Of Record:
(a) The total number of buildable parcels must not be greater than the number of buildable parcels and/or lots existing prior to the record of survey. When Property Line Adjustments occur between section land and subdivided lots no lot shall increase in area by more than 20 percent.
(b) The resultant parcels must meet the minimum requirements for area, frontage and width for the existing zone.
(c) All existing buildings, driveways and parking areas must meet the setback requirements of the existing zone as measured from any parcel boundary being created by this process. Any setback that is legally non-conforming may remain as a legal non-conforming setback, provided the legal non-conforming setback is not altered by the Property Line Adjustment. If any building not meeting the required setback is to be partially or completely demolished, the demolition must be completed prior to the Planning Director's approval of the Record of Survey.
(d) If existing residential buildings are to remain, the parcel containing such building(s) must comply with current Boise City Zoning Ordinance parking requirements. The parking shall be located on-site. If existing commercial, office or industrial buildings are to remain, the parcel containing such building(s) must comply with current parking requirements, either within the parcel or by means of a permanent recorded shared-parking agreement, as evidenced by a note on the Record of Survey stating both the number of spaces provided and the code required number of spaces. If required parking is provided by means of a permanent shared-parking agreement, the Record of Survey must list the total required and provided parking for all parcels to which the parking provisions of the shared-parking agreement applies.
(e) When utilities cross land being divided a utility easement shall be provided and indicated on the Record of Survey. If an easement is located in a proposed permanent structure construction area, the easement shall be vacated prior to the Planning Director's approval of the Record of Survey.
(f) If the street(s) adjacent to the lot(s) have not been improved with sidewalk the applicant shall landscape the right-of-way area between the edge of the street pavement and the property line with lawn or other vegetative ground cover that will prevent the area from being used as an off street parking area. Depending on the paved street width, the Ada County Highway District may require some separation between the landscaping and the edge of the street pavement. If the lot is not alley loaded and has driveways off of the street, the area between the edge of the street pavement and the property line shall be paved to align with the driveway. The applicant shall obtain a license agreement from the Ada County Highway District prior to landscaping and/or paving in the right-of-way. Sidewalks shall be installed if sidewalk exists on adjoining property. If the property line adjustment is not creating additional buildable parcels or adjusting lines for substandard lots, a waiver or variation may be granted by the Director based upon site-specific conditions.
(g) The boundaries of a parcel with a residential zone or use may be adjusted through the Property Line Adjustment process twice. Any additional boundary adjustments shall require a subdivision plat or a Record of Survey for a Minor Land Division.
(2) Substandard Original Lots Of Record:
(a) A Property Line Adjustment shall not result in more buildable parcels than the total number of original substandard lots of record.
(b) Property Line Adjustment that includes a partial lot requires documentation that the split of the lot was recorded prior to October 30, 1965. If the partial lot does not qualify as a buildable parcel, it must be combined with an original lot to count as 1 buildable parcel if the partial lot was created by recorded deed prior to October 30, 1965.
(c) Adjusted side property lines shall be perpendicular to the public street. Exceptions can be made for lots where the original side lot lines were not perpendicular to the street, such as pie shaped lots.
(d) A Property Line Adjustment shall not result in buildable parcels that decrease the area, frontage or width below that of the substandard original lots of record.
(e) All existing buildings, driveways and parking areas must meet the setback requirements of the existing zone as measured from any parcel boundary being created by this process. Any setback that is legally non-conforming may remain as a legal non-conforming setback, provided the legal non-conforming setback is not altered by the Property Line Adjustment. If any building not meeting the required setback is to be partially or completely demolished, the demolition must be completed prior to the Planning Director's approval of the Record of Survey.
(f) If existing residential buildings are to remain, the parcel containing such building(s) shall comply with current Boise City Zoning Ordinance parking requirements. The parking shall be located on-site. If existing commercial, office or industrial buildings are to remain, the parcel containing such building(s) must comply with current parking requirements, either within the parcel or by means of a permanent recorded shared-parking agreement, as evidenced by a note on the Record of Survey stating both the number of spaces provided and the number of spaces the Boise City Zoning Ordinance requires. If required parking is provided by means of a permanent shared-parking agreement, the Record of Survey must list the total required and provided parking for all parcels to which the parking provisions of the shared-parking agreement applies.
(g) All parcels that abut an improved alley shall be required to take parking access from the alley.
(h) If the street(s) adjacent to the lot(s) have not been improved with sidewalk the applicant shall landscape the right-of-way area between the edge of the street pavement and the property line with lawn or other vegetative ground cover that will prevent the area from being used as an off street parking area. Depending on the paved street width, the Ada County Highway District may require some separation between the landscaping and the edge of the street pavement. If the lot is not alley loaded and has driveways off of the street, the area between the edge of the street pavement and the property line shall be paved to align with the driveway. The applicant shall obtain a license agreement from the Ada County Highway District prior to landscaping and/or paving in the right-of-way. Sidewalks shall be installed if sidewalk exists on adjoining property.
(i) When utilities cross land being divided a utility easement shall be provided and indicated on the Record of Survey. If an easement is located in a proposed permanent structure construction area, the easement shall be vacated prior to the Planning Director's approval of the Record of Survey.
(j) The boundaries of a parcel with a residential zone or use may be adjusted through the Property Line Adjustment process twice. Any additional boundary adjustments shall require a subdivision plat or a Record of Survey for a Minor Land Division.
(k) A Property Line Adjustment shall only occur between an original corner lot and an original interior lot if the original corner lot is a minimum of 35 feet or more in width, unless three or more lots are combined resulting in a reduction in density. Adjusted corner lots shall comply with the following standards:
i. The adjusted corner lot shall be of the same square footage as the original corner lot.
ii. If an existing home is located on a corner lot, a 15 foot rear setback shall be provided from the existing home to the new property line, regardless of the orientation or street address of the existing home.
iii. A minimum of 150 square feet of open space, located outside of the setbacks, is required for existing homes. Open space that complies with the standards in this Code shall be designated as such on the Record of Survey.
(3) Parcel Consolidation: A Record of Survey is required to allow the consolidation of two or more existing contiguous parcels, with at least one parcel deemed as buildable, into one buildable parcel.
(a) Prior to issuance of a building permit, a copy of a recorded Notice of Buildable Parcel and a copy of a recorded deed describing by metes and bounds the entirety of the platted lots shall be submitted to the Planning Director.
(b) If platted or recorded easements exist within any lot, the easements must be vacated prior to any construction within the easement area.
(4) Within 15 calendar days The Planning Director shall either approve or deny. If approved each Notice of Buildable Parcel shall be signed and returned to the applicant for recording.
11-09-03: Subdivision Design Standards
All subdivisions, except minor subdivisions as defined in Section 11-012-05, Other Terms Defined, shall comply with the following standards:
1. General: The PZC and Council shall give full consideration and weight to the following:
A. Street intersections in residential areas may be of a "T" rather than an "X" design wherever such design will not unduly restrict a free movement of traffic.
B. Reserve strips controlling access to public streets shall be permitted provided that the control and disposition of land comprising such strip is placed within the jurisdiction of the city under conditions specified by the Council and shown on the plat.
2. Block Numbers: Block numbers shall be designated as required by Idaho Code.
3. Lot Layout:
A. Dimensions: Lot area, dimensions, and minimum street frontage shall be as established in Chapter 11-07, Development and Design Standards, and as otherwise provided in this Code. An alley does not qualify as required street frontage. The front lot line may directly abut a collector or arterial street provided that a public, rear-loaded access is provided at the rear of such lots to provide direct lot access. Direct lot access to the collector or arterial is prohibited.
B. Building Envelope: To guide compatible building siting, the Director may require a building envelope that identifies the setbacks shown on the preliminary plat or site plan.
C. Double Frontage Lots: Double frontage lots are prohibited except where it is shown that unusual topography or other conditions make it impossible to meet this requirement. Lots with double frontage shall be limited to one street access on one frontage by a plat note.
D. Landlocked Parcels: All parcels that do not have required frontage shall be labeled "non-buildable" on the plat. Each such non-buildable lot shall be required to have a pedestrian ingress and egress easement provided to it unless street frontage exists that adequate for a pedestrian pathway.
4. Public Streets: The arrangement, character, extent, width, grade, and location of all streets shall conform to the standards of the City of Boise, ACHD, and Idaho Transportation Department as applicable, and shall be considered in their relation to existing and planned streets, topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land served.
A. Street Design: The design of all public streets shall conform to requirements as established by the ACHD.
B. Street Grades: Street grades shall be such as to provide for the safe movement of traffic in all weather and for adequate drainage of both streets and abutting properties.
C. Partial Street Dedications: Partial street dedications shall not be permitted unless the street forms the boundary of the property being subdivided, the adjacent property is not under common ownership, and the street is anticipated to be a through street upon development of adjacent properties. All partial street dedications shall require construction of partial street sections that meet ACHD standards.
D. Dead-End Streets: Dead-end streets shall not be permitted, except that streets terminating at the boundary of a subdivision may be allowed when the street is shown on the Boise City Comprehensive Plan or when, the ACHD or Council, agrees that the extension of the street is necessary to the proper development of the street pattern. A sign indicating that the street is planned to be extended in the future will be installed at the end of the street.
E. Street Names: Proposed streets that are a continuation of an existing street shall be given the same name as the existing street. All street names used shall not duplicate or be of a spelling or pronunciation apt to be confused with the names of existing streets within the Ada County area. The applicant shall obtain approvals for all street names within the proposed subdivision from the Ada County Street Name Committee prior to submitting the plat for signature by the City Engineer.
F. Sidewalks: Sidewalks shall be required on both sides of the street. Sidewalks shall be a minimum of five feet wide when adjacent to curbs and a minimum of four feet wide when separated from the curb by a landscaped area.
G. Street Patterns:
(1) Street Network: Street patterns in residential neighborhoods shall be designed to create a network of streets that allow local trips to circulate in the area without encouraging through traffic between arterial streets. Such a pattern shall benefit the collector and arterial network by keeping local trips on local roads and provide emergency vehicles with multiple routes to access any parcel.
(2) Multi-Modal Street Patterns: Street patterns in residential neighborhoods shall be designed for the needs of the bicyclist, pedestrian, and motor vehicle alike.
(a) The circulation plan for a subdivision shall incorporate and tie into existing or proposed pathways and take into account topography, parcel lines, or other features.
(b) Streets should be designed to convey residents conveniently to parks, schools, and shopping areas in the neighborhood; and to adjacent neighborhoods. A multi-use subdivision should be designed to provide roadway connections between the various uses.
(c) A free flow of pedestrian and vehicular traffic through local neighborhoods is encouraged. Pedestrian traffic shall be accommodated on local roads, or on pathways, in cases where the roadway network is inadequate for this purpose. Connectivity with adjacent parcels and subdivisions shall be included where ever possible. Except for designated connector and arterial streets, connectivity shall be designed to discourage cut-through traffic while allowing flow of local traffic without accessing the connector-arterial network.
(d) Local streets shall provide for non-motorized travel and shall be designed to encourage slow auto speeds. Traffic calming strategies, such as reduced rights-of-way, chokers, traffic circles, and chicanes (as described in the ACHD Traffic Calming Policy) should be employed. Traffic calming devices that can significantly impede the response of or possibly damage emergency vehicles, such as speed-bumps are not allowed.
(e) Roads shall be designed to accommodate bike routes or lanes.
5. Private Streets:
A. Required Findings: Private streets shall:
(1) Provide safe and effective movement of vehicular and pedestrian traffic;
(2) Not adversely affect access or good public transportation planning to adjacent property and the area network;
(3) Not landlock adjacent property;
(4) Not restrict public access to places of public interest;
(5) Not connect one public street to another; and
(6) Not interfere with the continuity of public streets.
(1) Comply with the ACHD structural standards for streets. The design shall be prepared and certified by a registered professional engineer.
(2) The plat shall contain the following:
(a) A legal description,
(b) Identification of a recorded ingress-egress easement agreement,
(c) Conveyance to each lot owner the perpetual right of ingress and egress over the described private drive, and
(d) Provision that such perpetual easement shall run with the land.
(e) Certification of construction to ACHD specifications is required, with the exception of ACHD street width requirements.
C. Use Specific Standards:
(1) Single Family/Townhouse/Duplex Residential:
(a) Private streets may be permitted when:
i. The parcel shape or site topography will not allow street design to meet ACHD width standards; or
ii. In the cases in which conformance to ACHD requirements is in conflict with the intent of minimizing disruption to vegetation as defined in the Hillside and Foothill Areas Development Ordinance.
(b) Standards For Single Family/Townhouse/Duplex Residential:
i. Single Family/Townhouse/Two Family Private Residential Street Standards shall be according to Table 11-09.1, Private Residential Street Standards: Single-family/Townhouse/Duplex:
|Table 11-09.1 Private Residential Street Standards: Single-family, Townhouse, Duplex|
|Number of Residential Lots vs. Street Length||Minimum R/W Width (feet)|| Street Width|
Curb to Back
of Curb (feet)
|Up to 3 lots w/length less than 200 feet||24||24||No||Yes||Yes*|
|Up to 3 lots w/length greater than 200 feet||28 (24 for the final 200 feet)||28/24||No||Yes||Yes*|
|4 to 10 lots w/length less than 200 feet||24||24||Yes||No||Yes*|
|4 to 10 lots w/length greater than 200 feet||28 (24 for the final 200 feet)||28/24||Yes||No||No|
|11 or more lots||40||28||Yes||No||No|
|* Setback requirements shall be from the back of sidewalk where sidewalks are placed within an easement and not separated from the street by landscaping. If such sidewalks are separated from the street by landscaping, only the setback for the garage door portion of the building shall be measured from the back of sidewalk.|
ii. If sidewalks are detached or placed within an easement, building setback requirements shall be measured from the back-of-sidewalk or the property line, whichever is more restrictive, unless sidewalks are separated by landscaping in which case only the garage portion of the building shall be set back from the back of sidewalk or as otherwise approved through a conditional use permit.
(2) Multi-Family Residential: A private street in a multi-family residential development provided that the proposed street meets the general requirements as identified in subsection A and B, above and:
(a) The developable land that was saved by use of a private street must be utilized as open space. If there are lots to be owned individually, the open space shall be a common lot; and
(b) The private street serves less than 40 dwelling units.
(c) The application has complied with the requirements for a PUD including a traffic circulation plan.
(d) Standards for multi-family developments
i. Dimensional requirements for private streets shall be the same as permitted in this Code for service drives for multi-family developments (Section 11-07-04.3.B, Service Drives) when the use of the private street provides a similar function, such as the drive aisles and the common parking for the development are interrelated, as opposed to units that front on the private street and have individual garages or parking pads in front of each unit as is typical with townhouses or single family dwellings. If the private street does not provide a similar function, the standards of Section 11-07-04.2, Private Roads, shall apply.
ii. In developments of over 40 dwelling units, the dimensions of any private street shall be as recommended in the approved internal traffic circulation and as permitted in this Code for service drives for multi-family developments Section 11-07-04.3.B, Service Drives. Exception: This requirement may be waived in developments of over 40 dwelling units when it can be shown by the applicant that no section of roadway will exceed 240 vehicles per day in daily traffic.
iii. All utility easements shall be within, or immediately adjacent to, the private streets.
(3) Commercial/Industrial Developments: Private streets used solely for commercial/industrial purposes shall:
(a) Be a minimum of 24 feet in width.
(b) Not be required to have curbs, gutters, and sidewalks unless specifically required by Council.
A. Easements shall be provided as required by the utilities, and other public services.
B. The Council may require applicants to reserve permanent public use easements for public access micro-pathways. Such easements shall be for future improvement and maintenance by either the city or the landowner or association. Any easement required under this section may be utilized in conjunction with or as an alternative to a public pedestrian access requirement under Section 11-07-04.4, Pedestrian Access.
7. Arterial And Collector Street Buffering: Landscaped buffer areas shall be provided where single family residential lots are adjacent to collector or arterial streets.
Figure 11-09.5: Landscape buffer within buildable lot
A. Perimeter Landscape Buffer:
(1) The buffer shall be located outside of any planned future right-of-way.
(2) The width of the buffer along arterial streets shall be a minimum of 30 feet, along collector streets it shall be a minimum of 20 feet.
(3) The buffer area may be located within the lot provided that:
(a) The depth of the lot is a minimum of 130 feet; and,
(b) In cases where the side lot line runs along an arterial or collector, the width of the lot is a minimum of 80 feet.
(4) Fences and walls shall not be placed within the buffer areas.
(a) The boundary farthest from the street of the landscape buffer;
(b) A minimum of five feet from the back of attached sidewalks;
(c) At the back of sidewalks separated from the curb by landscaping (provided the fence is not higher than four feet tall); or
(d) 15 feet from back of curb.
B. Frontage Road:
(1) Frontage roads, as permitted by the ACHD, and separated from a collector or arterial street by a ten foot wide landscaped median, may be permitted.
(2) The landscaped median shall be planted with trees and shrubs that at maturity will form a solid screen at least six feet high and a continuous tree canopy.
C. Alley-Loaded: The front lot line of a parcel may directly abut a collector or arterial street provided that an ACHD-approved alley is provided at the rear of such lots to provide direct lot access. Direct lot access to the collector or arterial is prohibited.
8. Alley (Public Or Private): Minimum alley width for a one-way alley shall be 12 feet. Minimum alley width for a two-way alley shall be 20 feet. Alley construction shall meet ACHD standards.
11-09-04: Required Improvements
The following improvements are not required for minor land divisions as defined in Section 11-012-05.
1. General: No building permit for the construction of any new structure upon property within a proposed subdivision plat shall be issued until the subdivision plat has been recorded.
2. Filing Of Plans And Bonding Surety:
A. Plans for the required improvements shall be certified by a professional engineer registered in the State of Idaho, unless otherwise specifically approved by the applicable public agency.
B. At or prior to the time of filing certification of the final plat, the applicant shall file with the Director a surety bond to secure the completion of the construction of required improvements not yet completed. All bonds or other guarantees shall be in the amount of 110 percent of the estimated cost of the improvement.
C. The period of construction may be extended for six months upon the payment of extension fees and adjustments of the bonding surety amount to reflect revised construction costs. Extensions of bond surety and construction time beyond this initial six month extension may be approved by the Council upon a showing of undue hardship and the payment of appropriate fees.
D. Improvement(s) installed by the applicant as a condition of platting shall require certification by a professional engineer that the construction is in accordance with approved plans.
E. After the completion of improvements the applicable public agency shall certify the completion and acceptance of said improvements in writing and shall transmit a copy of the certification to the City Clerk and to the applicant. Upon receipt of the certification, the city shall authorize release of the surety bond or other guarantee upon application.
A. Water Lines And Hydrants: Central water lines and fire hydrants shall be provided in all subdivisions as noted below.
(1) In any subdivision, alternate provision may be made for domestic water supply and fire protection provided that such provision shall meet the standards of the Fire Code as adopted by Fire Department, the Idaho Public Utilities Commission, the Idaho Department of Water Resources, and the Idaho Department of Health and Welfare and further provided that such alternate provision shall be made to the satisfaction of the Council.
(2) In considering such alternate provision, the Council may require an increase in the minimum lot size and may impose any other requirement that it deems necessary to protect the public health, safety, or welfare.
(3) Water facilities necessary to meet Boise Fire department standards shall be provided.
4. Sanitary Sewer:
A. Wet-line sewers shall be provided in all subdivisions per the requirements of the appropriate sewer entity.
B. Plans and specifications shall be approved by the appropriate sewer entity prior to signing of the Final Plat by the City Engineer.
A. Improvement plans and hydrology calculations shall be prepared in accordance with the Storm Water Ordinance B.C.C. 10-6 and Public Works' Storm Water Management Design Manual:
(1) Plans shall be submitted to the Public Works Department.
(2) All natural drainage courses shall be left undisturbed or be improved in a manner that will improve the hydraulics and ease of maintenance of the channel.
(3) Relocation of natural swales is acceptable if the hydraulics and ease of maintenance are provided for. The term "natural drainage course" shall not be deemed to apply to minor swales and depressions that are located entirely on the applicant's property and that serve a relatively small area where runoff is infrequent.
B. In single family residential subdivisions where public streets are being dedicated to ACHD and development drainage will be discharged to an ACHD-maintained storm water system, the development drainage system will be required to meet the ACHD design and review requirements.
C. The reservation of an easement along any stream or important surface drainage course located in an area being subdivided may be required by the Council for the purpose of widening, deepening, sloping, improving, or protecting the stream or drainage course.
A. Irrigation Conveyance:
(1) No ditch, pipe, or structure for delivery of irrigation water or for carrying irrigation wastewater shall be obstructed, rerouted, covered, or changed in any way unless it has first been approved in writing by the authorized representative of the person(s) owning the water rights delivered or diverted by means of the ditch. For the purpose of this section, "person" shall be defined as an irrigation district, ditch company, water users association, or water right holder. Should the person not have an authorized representative, a determination of the majority of the holder(s) of the water right shall be binding. A copy of such written approval by such authorized representative or majority holder(s) of the water right shall be filed with the subdivision application. In the event the applicant cannot obtain a response from said authorized representative, approval will be assumed to be obtained if the applicant meets the conditions as outlined in subsection (5).
(2) All irrigation ditches, laterals, canals, and drains, exclusive of natural waterways, intersecting, crossing, or lying adjacent to an area being subdivided shall be covered or fenced with a chain link fence at least six feet in height to deter access to said ditch, lateral, or canal. Adjacent means being located within 60 feet of any lot included in the development. This requirement may be waived if it is found that the public purpose requiring such will not be served in an individual case. Any covering or fencing program involving the distribution system of any irrigation district shall have the prior approval of the affected district.
(3) The fencing requirement may be waived by the Director for "water amenities". A water amenity is any body of water that is to be part of the development, in which the banks are no steeper than one foot vertical per four feet horizontal and where the depth (in feet) multiplied by the peak velocity (feet per second) does not exceed four. Plans prepared by a professional engineer shall be submitted to the Director and the authorized representative of water facility for approval.
(4) In the event the applicant cannot obtain a response for the modifications proposed from the authorized representative of the water entity, approval shall be assumed to be obtained if the following documents are submitted to the Director:
(a) Copy of certified letter to said authorized representative along with documentation of receipt of letter. Said letter to authorized representative shall be accompanied by plans and shall request written approval forwarded to the Director within 30 days of receipt.
(b) Letter from a registered professional engineer stating that the improvements and/or modifications to the ditch, lateral, canal, or drain will meet the provisions of Titles 31 and 42 of the Idaho Code, relating to requirements of delivery of water to downstream users.
7. Park Or School Dedication: Whenever the applicant desires or proposes to reserve area for a school or public park, the area shall be delineated on the subdivision plat and such proposal must be acceptable to the school district and the city. Acceptance of school site or park must be in writing from the appropriate entity prior to signature by the City Engineer.
8. Pedestrian Access: Pedestrian access shall be required where deemed essential by the Council to provide pedestrian access to schools, playgrounds, shopping areas, transportation, or other community facilities. Said access shall be not less than ten feet wide.
9. Street Lighting: All applicants subdividing within the city limits shall be required to install, at the applicant's expense, street lights in accordance with Public Works specifications and standards. After installation and acceptance by the Public Works Department, street lights shall become city property and the city shall pay the cost of maintenance and power.
10. Landscaping: Where landscaping is required by the city, such as parkways, perimeter buffers, street medians, and other such areas, their design shall comply with the following standards:
A. Definition: The term "landscaping," as used in this Section shall include, as a minimum, grass and trees as required below.
B. Non-Vegetative Materials:
(1) Non-vegetative materials, such as decorative rock, bark, and perma-bark, shall not be used in lieu of landscaping. Non-vegetative material may only be used to augment the landscape or around the base of shrub groupings or flower beds as long as the coverage does not exceed 20 percent. The use of bark or other loose material shall be designed or located to keep the bark from being blown onto the paved path, shall be approved by the Director.
(2) The 20 percent limitation on non-vegetative material shall not apply provided the landscape is designed by a licensed landscape architect and further provided that the non-vegetative material is used to complement or visually enhance the vegetative material is used to complement or visually enhance the vegetative material.
(1) The city shall require trees with a minimum size of two inch caliper in the landscape area. Tree type and class to be in accordance with the Community Forestry's "Tree Selection Guide."
(2) All landscaped areas shall be provided with an underground irrigation system.
(3) For every 60 feet of perimeter landscape, one Class III tree shall be included therein. Class III trees shall be spaced no more than 60 feet apart. Class II trees may be utilized and spaced 25 to 50 feet apart, depending on mature crown spread. Class I trees shall be used where overhead power lines prohibit use of taller trees and may be used to mark entry points into a subdivision or to mark a special feature. Class I trees shall be spaced 15 to 30 feet apart, depending on mature crown spread. The location and selection of required trees shall be subject to approval by Community Forestry. Trees located in the public right-of-way shall be planted and maintained in accordance with the Boise Tree Ordinance (Boise City Code 7-2).
D. Maintenance: Required landscaped areas shall be placed under the control and maintenance of a Homeowners Association, unless the applicant can demonstrate that the landscaping will be maintained in an attractive condition by another entity including but not limited to individual property owners, or the ACHD.
E. Berms: Berm height is not limited; however, the slope of the berm shall not exceed a 3:1 ratio. The height of a fence and/or wall that is placed on top of a berm is limited to six feet.
F. Clear Areas: Trees, shrubs and other landscaping shall not encroach into the minimum required clear height and width of primary or emergency vehicle access. Landscaping shall not block the clear vision triangle at street intersections as determined by the ACHD.
11. Pressure Irrigation Facilities:
A. Except as a waiver is allowed a pressurized individual lot irrigation system is required for any residential subdivision.
B. Irrigation system maintenance and operation shall be provided by the irrigation district or canal company a municipal irrigation district, or another entity capable of operating and maintaining a pressurized irrigation system.
(1) The requirement for a pressurized irrigation system may be waived by the City Engineer in any of the following situations:
(a) Where a lack of sufficient surface irrigation water has been documented by the appropriate irrigation district or canal company and the Idaho Department of Water Resources. The sale or transfer of a water right may not be grounds for requesting a waiver.
(b) Where water cannot be delivered to the property due to capacity or scheduling. In these situations, the City Engineer may still require the installation of the pressure irrigation system, provided that an irrigation district or canal company will commit in writing to make improvements to their delivery system so water can be supplied within two years of the subdivision approval.
(c) Where another means of delivery such as flood irrigation can be provided.
(d) When the City Engineer finds that the cost of obtaining water rights, re-establishing water rights, or developing the system would impose an undue economic hardship. Undue economic hardship may be demonstrated if the cost per lot to develop the pressurized irrigation system is 25 percent higher than the cost per lot to serve subdivisions of similar size and density constructed in Boise City within the previous two years; or that the cost per lot of the pressurized irrigation system would exceed five percent of the expected per lot market value of the subdivision. The applicant shall bear the burden of providing documentation, acceptable to the City Engineer. For phased developments, costs will be analyzed over all phases.
(2) Requests for waivers shall be submitted to the City Engineer and shall be accompanied by an irrigation report prepared by a licensed professional engineer analyzing the location and availability of surface irrigation water and documenting the basis for the waiver request. If applicable, the irrigation report shall include a letter from the Irrigation District or Canal Company stating refusal to make improvements to its delivery system so irrigation water can be supplied within two years.
(3) Decision may be appealed to the Public Works Commission by filing a written appeal with the Public Works Department within 60 days of receipt of the written decision of the City Engineer. The Public Works Commission may uphold, overrule or modify the decision of the City Engineer. The decision of the Public Works Commission may be appealed to the Council.
D. Written Assurance:
(1) Written assurance that provisions have been made for ownership, operation and maintenance of the system is required before the plat is signed by the City Engineer. Such assurance shall include: A letter from an existing entity capable of owning, operating and maintaining the system assuming responsibility for such operation, and maintenance.
(2) If the system is to be owned, operated and maintained by a Home Owners Association, the applicant shall create binding covenants, conditions, and restrictions, approved by the City Attorney, providing for control, use, maintenance, and operation of the system.
E. Proof Of Compliance: Prior to signing of the final plat by the City Engineer, proof of compliance with this section and with Idaho Code, Section 31-3805(1)(b) shall be required.
12. Utility Location: Residential projects, that at a later date may be subdivided, should place utilities in the roadway or in easements parallel and next to the roadway. Projects that are later subdivided and do not comply with this recommendation may be subject to significant reconstruction and relocation costs.
11-09-05: Modifications And Waivers
1. Whenever a tract to be subdivided or altered by a record of survey is of unusual size or shape or has unusual conditions such that the strict application of these regulations would result in substantial hardship or inequity, the Council may waive or modify such regulations so that the property may be developed in a reasonable manner.The Council must first find that the quality of the development is not diminished, that the public welfare and the interests of the City are protected, that the general intent and spirit of these regulations are preserved and that conformity to the Comprehensive Plan is assured.
A. A written request to the Director is required.
B. The request shall be referred to the PZC within 35 days of receipt, but allowing at least ten working days review prior to the PZC meeting.
C. The PZC shall act upon request and make recommendation to the Council.
D. The Council, after receiving the recommendations of the PZC, shall act upon request at its next regular meeting per Section 11-03-04.4.
E. In the case of a record of survey the Commission may issue the waiver or modification.
2. In granting waivers and/or modifications from these regulations, the Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived or modified.
3. Any person, firm, or corporation may appeal the decision of the Council to the District Court in the same manner and within the same time as other appeals may be taken from orders of the Council.