HomeMy WebLinkAbout20-00715 - MUNICODE - Draft_Ord_1238 - CHANGES ONLYPage 1
SECTION 1: A DOPTION “10.2 Lot Line Adjustment” of the R exburg
D evelopment Code is hereby added as follow s:
A D O P T I O N
10.2 Lot Line Adjustment(Added)
A.Purpose: Trade or Sale to Straighten Boundaries. The exchange of land for the
purpose of straightening property boundaries or by adding land to existing parcels by
trade or sale which does not result in change of the present land use or in any way result
in land parcels which do not meet existing zoning regulations.
1.Lot Line A djustment. A lot-line-adjustment w hich does not reduce the area,
frontage, width, depth, or building setback lines to fall below the minimums
required by the zoning regulations. Land with tw o (2) legal descriptions stays as
two (2) legal descriptions, but the descriptions are amended.
2.Lot Combination. The combining of tw o established lots into a single lot.
Land w ith tw o (2) legal descriptions w ill be described w ith one (1) legal
description.
3.Lot Split. A single lot divided into two separate lots. Land with a (1) single
legal description will be described with tw o (2) legal descriptions.
B.Application. A Lot Line A djustment application shall be submitted for all lot line
changes including lot splits, lot combinations and lot line adjustments via the city's
Public Portal.
1.
Legal Descriptions. Legal D escriptions shall be submitted w ith the application
describing the new lots or new lot configuration.
a.Legal Descriptions shall be consistent w ith a land survey and shall
describe the metes and bounds of each lot to close, or consist of
previously approved lots.
2.Proof of Ow nership. A pplicant shall submit proof of ow nership. If A pplicant
is not the ow ner, an A ffidavit of Legal Interest, signed and notarized by the
ow ner, shall be submitted.
C.Pay Fees. Persons filing an application w ithin the City of Rexburg shall first have paid
all fees as established by resolution of the Council.
1.Such fees may be reviewed and changed by resolution of the Council at such
time as the C ouncil deems necessary.
D.Certifica tion. U pon receipt of the preliminary papplication and all required documents
as provided herein, the C ity shall certify the application as complete and shall affix the
date of application acceptance thereon.
E.Reviews. Once the A pplication is complete, the City shall transmit a copy of the
application and the submitted documents to its various departments and such other
agencies that have jurisdiction or an interest in the proposed adjustment for their review
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and recommendation.
1.If no written reply is received from any of the various departments or interested
agencies within ten business (10) days from the date of notification, approval of
the Plat by such department or agency will be considered granted.
F.The application shall be considered by the Zoning Administrator.
G.Notify Applicant. Staff shall submit to the applicant within 10 business days, notice of
acceptance or needed revisions in writing.
1.R evisions. If revisions are requested, applicant shall resubmit documents
needing revisions and the review process shall begin again.
H.Approval. A pplicant shall take approval letter and approved legal descriptions to
Madison C ounty for recording.
I.Communicate to C ity. Recording number is communicated by the A pplicant to the
City Planning & Zoning office to finalize permit.
SECTION 2: A MEND MEN T “10.03.030 Preliminary Plat” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
10.03.030 Preliminary Plat02.020 Subdivision Submittal
A.Zone Changes. B efore platting of the development, all required zoning changes shall
be obtained.
B.The sub-divider may cause the subdivision, or part therof to be surveyed and a Plat
prepared.
C.Application. If the sub-divider elects to proceed w ith the platting process, he shall file
with the City Planning and Zoning Office, at least tw enty-one (21) days prior to the
scheduled presentation before the Commission, four (4) hard copies of the completed
subdivision application form, four (4) 24” x 36” copies of the preliminary plat w ith data
as prescribed by the Commission, and one (1) digital copy of these Infrastructure Pland
and one (1) digital copy of the Plat in AutoCA D format. documents. (See sSection
10.3.)
1.Infrastructure Plans. (See Subsection 10.03.050.) The Infrastructure Plan
shall include the plans and specification for all proposed improvements that are
required for that portion of the subdivision included in the Plat as required for
this Ordinance and all others required by the City Engineering Department (See
Section 10.5.)
2.Plat. The sub-divider shall file the Plat, bearing all required certificates,
acknow ledgements and signature blocks of the owner, surveyor, review ing
surveyor and others as determined by the Planning & Zoning department. (See
subsection 10.02.070.C.)
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a.The Plat must contain a statement of dedication of all streets, alleys,
drainage w ays, pedestrian ways, and other easements for public use by
the person holding title of record and by persons holding title as
vendees under land contract. If lands dedicated are mortgages, the
mortgagee shall sign the plat.
(1)A cknow ledgement. Execution of dedication shall be
acknow ledged and certified by a notary public.
3.Proof of Ow nership. A current title report or other evidence acceptable to the
City show ing proof of ow nership of the tract of land being platted shall be part
of the application submission.
4.C ovenants, C onditions and Regulations (CC&R 's) shall be submitted w ith
the Plat.
D.Pay Fees. Persons filing a subdivision plat within the C ity of R exburg shall first have
paid all fees as established by resolution of the Council. Such fees may be review ed and
changed by resolution of the Council at such time as the Council deems necessary.
E.Certification. U pon receipt of the preliminary pPlat and all required data as provided
herein, the City shall certify the application as complete and shall affix the date of
application acceptance thereon.
F.Staff R eview . The C ity shall transmit a copy of the application to its various
departments and such other agencies that have jurisdiction or an interest in the proposed
subdivision for their review and recommendation.
1.If no written reply is received from any of the various departments or interested
agencies within fourteen (14) days from the date of notification, approval of the
preliminary plat by such department or agency w ill be considered to be granted.
2.Possible Departments and Agencies:
a.City Engineer
b.City Planning and Zoning Department
c.County C ommissioners
d.City Council
e.Fire D epartment
f.GIS Department
g.Public Works Director
h.State H ighw ay D epartment
i.Utility Companies
j.Irrigation District (if subdivision abuts or includes a canal or ditch)
k.Other department or agencies as necessary
G.Commission Action. The preliminary plat shall be placed on the Commission agenda
for consideration at the next available regular meeting.
1.R eview . The C ommission shall review the application and comments from the
review agencies for compliance to the City’s Comprehensive Plan,
D evelopment Code, and applicable ordinances. The Commission shall
determine if further action w ill be necessary to complete the review and make
recommendations to City Council.
2.A mendment. If the Commission determines that an amendment must be made
to the C omprehensive Plan and/or the Zoning Ordinance to approve the
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application, the Commission shall follow the procedures detailed in Idaho Code
67-6509.
3.R ecommendation. The Commission w ill recommend to City Council the
preliminary plat be approved, approved conditionally, or disapproved w ithin
thirty (30) days after the date of the meeting at w hich the preliminary plat is first
considered.
a.The Commission, w ill then send a copy of the preliminary plat and the
Commission’s findings or reasons for decision to the City Council.
b.Reasons for D ecision. The reasons for such decision shall specify:
(1)the ordinance and standards used in evaluating the application
(2)the reasons for approval or denial; and
(3)the actions, if any, that the applicant could take to gain approval
of the proposal.
H.Council A ction. The C ouncil shall act upon the report of the Commission within
fourteen (14) days, or its next regular available meeting follow ing receipt of the report.
1.Testimony. The Council may hear testimony of the representatives of the
Commission and w itnesses, including interested citizens affected by the
proposed subdivision.
2.Findings. The Council shall base its findings upon the report and testimony
presented before it and declare its findings. It may sustain, modify, or reject the
recommendations of the Commission, and make such findings as are consistent
w ith the provisions of this ordinance and the Idaho Code. The reasons for such
decision shall specify:
a.the ordinance and standards used in evaluating the application
b.the reasons for approval or denial; and
c.the actions, if any, that the applicant could take to gain approval of the
proposal.
3.R easons for Decision. The reasons for such decision shall be stated in w riting,
a copy of w hich shall be attached to one (1) copy of the preliminary plat and
returned to the sub-divider.
4.A pproval Time Period. O nce the preliminary plat is approved, the approval is
good for a period of tw elve (12) months from the date of approval. In the event
a longer period elapses, the preliminary plat must be reviewed by the
Commission again.
a.Extension. The time limits for acting on the preliminary plat may be
extended by mutual consent of the sub-divider and the Commission
and/or the C ouncil.
5.Zone C hanges. Before final platting of the development, all required zoning
changes shall be obtained.
I.Development A greement. Prior to submitting a final plat, the sub-divider shall work
with the city engineering department to develop a preliminary development agreement
for review w ith the final plat. C onditions shall be established for:
1.requirements for the extent and manner in which roads shall be created and
improved
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2.w ater and sew er and other utility mains; piping connections, or other facilities
shall be installed.
SECTION 3: A MEND MEN T “10.02.050 Construction D raw ings” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.02.050 Construction D raw ingsTime Limitation
A pproval Time Period. O nce the Plat is approved, the approval is good for a period of tw elve
(12) months from the date of approval. In the even a longer period elapses, the Plat must be
review ed by the Commission again.
A.Extension. The time limits for acting on the Plat may be extended by mutual consent of
the sub-divider and the Commission and/or the C ouncil.
B.Prior to recording the final plat, the sub-divider shall file w ith the C ity Engineer
construction draw ings for all improvements that are required for that portion of the
subdivision included in the final plat.
SECTION 4: A MEND MEN T “10.2 PROCED U RE” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
10.2 PROCED U RE3 Infrastructure/Plat Process
SECTION 5: A MEND MEN T “10.03.010 Pre-A pplication” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
10.03.010 Pre-A pplication
Before filing an application for a preliminary pPlat, the Applicant w ill submit a concept drawing
and any additional data to communicate intentions and plans w ill be submitted to the Zoning
A dministrator by the sub-dividerand meet with the Ready Team. The R eady Team will
communicate any information, which the A pplicant should be aw are of.
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SECTION 6: A MEND MEN T “10.03.030 Proposed Conditions Data” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.03.030 Proposed Conditions Data010 Master Plan
A.Development Master Plan. If the proposed subdivision is part of a larger area intended
for development, a D evelopment Master Plan of the entire area is required.
B.Lots. Typical lot dimensions to scale; dimensions of all corner lots and curvilinear
sections of streets; each lot numbers individually; total number of lots.
C.Easements. Location, width, and use of easements.
D.Public Use. Designation of all land to be dedicated or reserved for public use w ith use
indicated.
E.Zoning C lassifications. If plat includes land for w hich multi-family, commercial, or
industrial use, such areas shall be clearly designated together with existing zoning
classification and status of zoning changes, if any.
F.Special Features. Appropriate information that sufficiently details the proposed
development w ithin any special development area, such as hillside, planned unit
development, flood plain, cemetery, mobile home park, large scale development,
hazardous and unique areas of development.
SECTION 7: A DOPTION “10.03.030 Subdivision Review ” of the R exburg
D evelopment Code is hereby added as follow s:
A D O P T I O N
10.03.030 Subdivision Review (Added)
A.City Engineering Review. A ll details for the Infrastructure Plan review as it pertains to
the Plat shall be completed prior to submission to other departments for Staff Review for
the Plat.
1.D esign and Installation. All water system and sewer system design and
installation is to be done in accordance to the requirements of the Department of
Environmental Q uality (D .E.Q .) and adopted City Engineering Standards.
2.The City Engineering D epartment shall check the Plat for conformity to the
Infrastructure Plan. The City Engineer w ill determine if the street, w ater, sew er,
drainage and drainage pre-treatment, storm w ater detention, and other similar
facilities in the area surrounding the development and in the city are or w ill be
adequate to provide for the health, safety and w elfare for the development's
population densities and the type of development proposed, taking into
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consideration existing and projected future demands on those facilities.
a.Nonconformance. In the event the Plat does not substantially conform
to the Infrastructure Plan, the sub-divider shall be required to resubmit
the Plat. (See subsection 10.02.030.)
3.Will Serve Letter. The C ity w ill provide a "Will Serve Letter" for the
developer after the Infrastructure Plans have been reviewed and approved by
the C ity Engineer.
4.D evelopment A greement. The sub-divider shall w ork w ith the City
Engineering D epartment to develop a D evelopment A greement for review w ith
the Infrastructure Plans. Conditions shall be established for:
a.Requirements for the extent and manner in which roads shall be created
and improved
b.Water and sewer and other utility mains; piping connections, or other
facilities shall be installed.
B.Department Staff R eviews. U pon approval of the Infrastructure Plans, and at least
tw enty-one (21) prior to the scheduled presentation before the Commission, the City
shall transmit a copy of the application and the Plat to its various departments and such
other agencies that have jurisdiction or an interest in the proposed subdivision for their
review and recommendation.
1.If no written reply is received from any of the various departments or interested
agencies within ten business (10) days from the date of notification, approval of
the Plat by such department or agency will be considered granted.
2.Possible D epartments and A gencies:
a.City Engineer
b.City Planning and Zoning Department
c.County C ommissioners
d.City Council
e.Fire D epartment
f.GIS Department
g.Public Works Director
h.State H ighw ay D epartment
i.Utility Companies
j.Irrigation District (if subdivision abuts or includes a canal or ditch)
k.Other departments or agencies as necessary
C.County Surveyor R eview. The Plat shall be reviewed by the County Surveyor for
conformance to County codes. The C ounty Surveyor signs the Plat as the Examining
Surveyor.
1.The County charges a separate fee for the County Surveyor review.
SECTION 8: A DOPTION “10.03.040 Subdivision Consideration” of the
Rexburg Development Code is hereby added as follow s:
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A D O P T I O N
10.03.040 Subdivision Consideration(Added)
A.Planned U nit Development (PU D) Master Plan A pproval. If a PU D Master plan has
been approved, the Plat shall be considered by the Zoning A dministrator.
B.Commission Action. The Plat shall be placed on the Commission agenda for
consideration at the next available regular meeting.
1.R eview. The commission shall review the application and comments from the
review agencies for compliance to the City's Comprehensive Plan,
D evelopment Code, and applicable ordinances. The Commission shall
determine if further action w ill be necessary to complete the review and make
recommendations to City Council.
2.A mendment. If the Commission determines that an amendment must be made
to the C omprehensive Plan and/or the Zoning Ordinance to approve the
application, the Commission shall follow the procedures detailed in Idaho
Codes 67-6509.
3.R ecommendation. The Commission w ill recommend to City Council the Plat
be approved, approved conditionally, or disapproved w ithin thirty (30) days
after the date of the meeting at which the Plat is first considered.
a.The Commission, w ill then send a copy of the Plat and the
Commission's findings or Reasons for D ecision to the City Council.
b.Reasons for D ecision. The reasons for such decision shall specify:
(1)the ordinance and standards used in evaluating the application
(2)the reasons for approval or denial; and
(3)the actions, if any, that the applicant could take to gain approval
of the proposal.
C.Council A ction. Upon receipt of the Plat and related documents, and all other data as
required herein, the Council shall thereafter place the Plat on their next available agenda
for consideration at a regular meeting held not less than fourteen (14) days upon the
report of the Commission.
1.If said Plat conforms to the requirements of this O rdinance and the Idaho Code,
the C ouncil shall consider the approval of the Plat.
2.Testimony. The Council may hear testimony of the representatives of the
Commission and w itnesses, including interested citizens affected by the
proposed subdivision.
3.Findings. The Council shall base its findings upon the report and testimony
presented before it and declare its findings. It may sustain, modify, or reject the
recommendations of the Commission, and make such findings as are consistent
w ith the provisions of this ordinance and the Idaho Code. The reasons for such
decision shall specify;
a.the ordinance and standards used in evaluating the application
b.the reasons for approval or denial; and
c.the actions, if any, that the applicant could take to gain approval of the
proposal.
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4.D edications Accepted. At the time of approval and recording of the Plat, the
Council shall accept the dedications shown thereon. The C ouncil shall also, as a
condition precedent to the approval of any plat, require the sub-divider either to
improve or agree to improve the streets and all other public improvements by
furnishing a Surety Bond or satisfactory agreement in accordance w ith Standard
D raw ings and Specifications and the Infrastructure Plan as defined in the
D evelopment A greement.
a.To complete the acceptance of any dedication of land, the owner shall
furnish to the Council, a deed conveying such lands to the City.
(1)The City will record the deed w ith the County R ecorder.
b.The Council shall make such findings as are consistent w ith the
provisions of this Ordinance and the Idaho Code. The Reasons for such
Decision shall include:
(1)the O rdinance and standards used in evaluating the application
(2)the reasons for approval or denial; and
(3)the actions, if any, that the applicant could take to gain approval
of the proposal.
5.R easons for Decision. The reasons for such decision shall be stated in w riting,
a copy of w hich shall attached to one (1) copy of the Plat and returned to the
sub-divider.
SECTION 9: A MEND MEN T “10.02.060 Bonding” of the R exburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
10.0203.060 Bonding
Prior to recording the final pPlat, the sub-divider shall file w ith the City Clerk a surety bond, or
other acceptable guarantee, to ensure actual construction of such improvements as submitted and
approved.
A.The improvements w hen covered by a surety bond, shall be constructed within two (2)
years from the date of recording of the final pPlat; provided, how ever, the C ity may
extend the period one (1) year upon show ing of just cause by the sub-divider.
B.Such surety bond shall be one-hundred-ten percent (110%) of the estimated cost of the
improvements as determined by the C ity.
C.Bonding continued in subsection 10.02.090. A copy of certification shall be forw arded
to the City Clerk if a surety agreement has been executed by the sub-divider.
1.Thereafter, if a surety agreement has been executed by the sub-divider, the C ity
Clerk shall thereafter release seventy-five (75%) percent of said surety or
guarantee upon application of the sub-divider.
2.The final tw enty-five (25%) percent of the surety w ill remain in effect for a
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twelve (12) month w arrantee period.
a.If no problems are outstanding at the end of the w arrantee period, the
City Clerk will release the final amount upon written request by the
developer.
SECTION 10: A MEND MEN T “10.02.070 Request For Mylar” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.0203.070 Request For Mylar
O nce all revisions from staff review s, C ounty Surveyor, Commission and/or Council
amendments have been made to the final pPlat, the City of Rexburg Staff w ill request the final
Mylar be printed. The final Mylar shall show all revisions.
A.All plats to be offered for recording shall be on transparent tracing(s) that show all
pertinent information that w as approved on the Preliminary Plat.
B.The finalapproved pPlat is to be recorded on clear Mylar silver emulsion w ith an overall
dimension of eighteen (18”) inches by twenty-seven (27”) inches. (Idaho Code 50-
1304)
C.Required C ertifications.
1.Signature of the follow ing show approval or completion. Please seek signatures
in the order they are listed.
a.Professional land surveyor – Surveyor shall state on plat that plat is
correct, accurate, and monuments described have been located,
installed, and described
b.Examining Land Surveyor (Madison County)
c.Sanitary restriction being lifted (H ealth Department after approval by
D.E.Q.)
d.City Planning & Zoning A dministrator
e.Certification of plat approval by the City Engineer
f.Certificate of approval by the City C lerk
g.Certificate of approval by City Council (Mayor)
h.Treasurers Certification of taxes paid
i.Recordation by County Recorder
D.Development A greement. Before the Plat w ill be signed by the City, the D evelopment
Agreement shall be executed and the D evelopment A greement fees shall be paid.
SECTION 11: A MEND MEN T “10.02.080 File With County Recorder” of the
Rexburg Development Code is hereby am ended as follows:
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A M E N D M E N T
10.0203.080 File With County Recorder
The final pPlat shall be filed w ith the County R ecorder w ithin six (6) months after approval by
the C ouncil, otherw ise such approval shall become null and void unless an extension of time is
applied for and granted.
A.Communicate to C ity. Recording number is communicated to the City Planning &
Zoning office to finalize permit.
SECTION 12: A MEND MEN T “10.02.090 As-Built Plans” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
10.0203.090 As-Built Plans
Prior to acceptance by the C ity of any improvements installed by the sub-divider, two (2) sets of
prints of the approved as-built plans and specification shall be certified by the sub-divider ’s
engineer and filed w ith the City.
A.The as-built draw ing shall also be submitted in A utoCA D format, and shall show any
deviations from the approved construction draw ings.
B.Within thirty (30) days after completion of improvements and submission of “as-built”
plans and specifications, the City shall certify completion and acceptance of construction
and shall transmit a copy of said certification to the sub-divider.
C.Bonding Continued. A copy of certification shall be forw arded to the City Clerk if a
surety agreement has been executed by the sub-divider. Thereafter, if a surety agreement
has been executed by the sub-divider, the City Clerk shall thereafter release seventy-five
(75%) percent of said surety or guarantee upon application of sub-divider. The final
tw enty-five (25%) percent of the surety w ill remain in effect for a tw elve (12) month
warrantee period. If no problems are outstanding at the end of the warrantee period, the
City Clerk will release the final amount upon written request by the developer.
SECTION 13: A MEND MEN T “10.02.110 Prior To Construction” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.03.100 D.E.Q. Prior To C onstruction(Am ended)
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A.Improvements. A ll w ater system improvements are to be approved by D .E.Q. prior to
any construction.
1.The sub-divider is responsible for submitting the design to D .E.Q . for approval.
2.A pproval Letter. A copy of the approval letter from D .E.Q. for the final design
shall be submitted to the City Engineer by the sub-divider.
3."Will Serve Letter." The City w ill provide a "Will Serve Letter" to the
developer after the plans have been revieed and approved by the City Engineer.
SECTION 14: R EPE AL “10.03.020 Pre-Application Review ” of the Rexburg
D evelopment Code is hereby repealed as follows:
R E P E A L
10.03.020 Pre-A pplication Review (Repealed)
The Zoning A dministrator shall review said plans and data as submitted and within ten (10)
w orking days shall communicate to sub-divider in w riting as to general conformance and
nonconformance w ith this ordinance. Such review may include guidelines from the
implementation of various ordinances such as the comprehensive plan, zoning ordinances, and
similar plans or programs. The Zoning A dministrator w ill advise the sub-divider of actions
required for the proposed subdivision.
SECTION 15: R EPE AL “10.02.040 Final Plat O r A mended Plat” of the
Rexburg Development Code is hereby repealed as follow s:
R E P E A L
10.02.040 Final Plat Or A mended Plat (Repealed)
A.Survey. After approval or approval w ith conditions, the sub-divider may cause the
subdivision, or part thereof to be surveyed and a final plat prepared in accordance w ith
the preliminary plat as approved. The approved preliminary and the final plat should
match.
B.Application. If the sub-divider elects to proceed w ith the platting process, he shall file
with the City Planning and Zoning Office, at least tw enty-one (21) days prior to the
scheduled presentation before the Commission, four (4) copies of the completed
subdivision application form as prescribed by the Commission and four (4) 24” x 36”
copies of the final plat with data as required by this section.
1.Plans and Specifications. (See subsection 10.03.050.) The final plat
submission shall include plans and specifications for all proposed improvements
as required by this ordinance.
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2.Title. A current title report or other evidence acceptable to the City show ing
proof of ow nership of the tract of land being platted shall be part of the
application submission.
3.C ertificates and A cknowledgements. The final plat, w hen submitted to the
City, shall bear all required certificates, acknow ledgments, and signatures of the
ow ner, surveyor, reviewing surveyor, and others as determined by the Planning
and Zoning D epartment. (See subsection 10.02.070.C.)
4.Covenants, Conditions and R egulations (CC R’s) submitted w ith final plat.
C.Pay Fees. Persons filing a subdivision plat within the C ity of R exburg shall first have
paid all fees as established by resolution of the Council. Such fees may be review ed and
changed by resolution of the Council at such time as the Council deems necessary.
D.Staff R eview . The C ity shall transmit a copy of the application to its various
departments and other agencies that have jurisdiction or an interest in the proposed
subdivision for their review and recommendation.
1.If no written reply is received from any of the various departments or interested
agencies within fourteen (14) days from the date of notification, approval of the
preliminary plat by such department or agency w ill be considered to be granted.
2.The Planning and Zoning D epartment shall check the Final Plat for conformity
to the Preliminary Plat.
a.Nonconformance. In the event the Final Plat does not substantially
conform to the Preliminary Plat, the sub-divider shall be required to
resubmit the Final Plat or go back to the Commission for a new
approval of the Preliminary Plat. (See subsection 10.02.030.)
E.Development A greement. The D evelopment Agreement shall be executed prior to the
approval of the final plat. The final plat shall not be signed by the city until the
Development A greement has been executed.
F.Dedication and A cknowledgement.
1.D edication. The plat must contain a statement of dedication of all streets, alleys,
drainage ways, pedestrian w ays, and other easements for public use by the
person holding title of record and by persons holding title as vendees under land
contract. If lands dedicated are mortgages, the mortgagee shall sign the plat.
2.A cknow ledgement. Execution of dedication shall be acknowledged and
certified by a notary public.
G.County Surveyor R eview. The plat shall be reviewed by the County Surveyor for
conformance to County codes. The C ounty Surveyor signs the plat as the Examining
Surveyor.
H.Planned U nit Development (PU D) Master Plan A pproval. If a PU D Master plan has
been approved, the final plat shall be approved by the Zoning Administrator.
I.Council A ction. Upon receipt of the final plat and related documents, and all other data
as required herein, the Council shall thereafter place the final plat on their next available
agenda for consideration at a regular meeting held not less than thirty (30) days after the
date of submittal of the completed submission.
1.A pproval. The C ouncil, follow ing shall consider the final plat and any changes
from the preliminary plat approved by the Commission. If said plat conforms to
the requirements of this ordinance and the Idaho Code, the Council shall
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consider the approval of the plat.
2.D edications Accepted. At the time of approval and recording of the final plat,
the C ouncil shall accept the dedications shown thereon and shall, as a condition
precedent to the approval of any final plat, require the sub-divider either to
improve or agree to improve the streets and all other public improvements by
furnishing a surety bond or satisfactory agreement, in accordance w ith Standard
D raw ings and Specifications, the engineering plans and as defined in the
D evelopment A greement.
a.To complete the acceptance of any dedication of land, the owner shall
furnish to the Council, a deed conveying such lands to the City.
b.The City w ill record the deed w ith the County Recorder.
c.The Council shall make such findings as are consistent w ith the
provisions of this ordinance and the Idaho Code. The reasons for such
decision shall include:
(1)the ordinance and standards used in evaluating the application
(2)the reasons for approval or denial; and
(3)the actions, if any, that the applicant could take to gain approval
of the proposal.
J.Time Limitations. In the event that the development of the final plat is made in
successive continuous segments in an orderly and reasonable manner, conforms
substantially to the approved preliminary plat, such segments, if submitted w ith
successive intervals of tw elve (12) months may be considered for final plat approval.
SECTION 16: A MEND MEN T “10.05.020 List O f Required Improvements”
of the Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.0503.020 List O f Required ImprovementsRequired Improvements For Infrastructure
A.Engineered Plans. Infrastructure Plans must be done by an Idaho Registered Engineer,
be approved for individual subdivisions by the City Engineer, musst comply w ith hte
adopted Design Standards and Specifications of the City, and must be approved by the
Departments of Environmental Quality (D.E.Q .) and District 7 Health.
B.Standard D rawings and Specifications. The following w ill need to be in compliance
with the adopted Standard D raw ings and Specifications of the C ity. The following
improvements shall also be approved for individual subdivisions by the C ity Engineer.
1.Pedestrian w ays
2.Public Sites, Open Spaces, and N atural Features
3.Water Systems
4.Fire H ydrants
5.Wastew ater Systems
6.Storm Water Disposal
Page 15
7.Monuments
8.Curb, gutter, and street improvements
9.Street signage
10.Street lighting
SECTION 17: A MEND MEN T “10.03.050 Final Plat Data” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
10.03.050 Repeal Final Plat Data
A.Form of Presentation
1.Scale. The plat shall be drawn to an accurate scale having not more than one-
hundred (100’) feet to an (1”) inch unless otherw ise approved as to scale.
B.Identification Data
1.Title. A title w hich includes the name of the subdivision and its location by
number of section, tow nship, range and county.
2.Land Surveyor. N ame, address, and official seal of the registered professional
land surveyor preparing the plat. (Idaho C ode 50-1309)
3.Scale, north arrow (Idaho C ode 50-1304), and date of the plat preparation
C.Survey D ata
1.D imensions. A ll dimensions shall be expressed in feet and decimals.
a.All required data to accurately calculate any curvilinear dimensions
shown on the plat.
2.Boundary. Boundaries of the tract to be subdivided fully balanced and closed,
show ing all bearings and distances determined by an accurate survey in the
field.
a.Bearing and distance ties to tw o (2) sections or section corners and a
description of the corners. Show basis of bearing.
b.Excepted Parcels. A ny excepted parcel(s) w ithin the plat boundaries
shall show all bearings and distances, determined by an accurate survey
in the field.
c.Cardinal Point. Location and description of cardinal point to which all
dimensions, angles, bearings, and similar data on the plat shall be
referenced.
A ll boundary corners are also to show state plane coordinates.
3.Legal Description. A legal description of the exterior boundary of the
subdivision. (Idaho C ode 50-1304)
4.Survey Markers. (See subsection 10.04.030)
D escriptive D ata
Page 16
A.Streets and Right-of-Way. N ame, right-of-way lines, courses, lengths, widths of all
public street, alleys, pedestrian w ays, and utility easements; radii, points of tendency,
and central angles of all curvilinear street and alleys, and radii of all street line
intersections. (Idaho Code 50-1303)
B.Drainage. All drainage w ays to be dedicated to the public.
C.Easements. All easements for rights-of-w ay provided for public services or utilities and
any limitations of the easements. (Idaho Code 50-1304)
D.Lots & B locks. All lots and blocks shall be numbered throughout the plat in accordance
with Idaho Code. (Idaho Code 50-1304)
E.“Exception”, “tracts”, and “private parks”, shall be so designated, lettered, or named and
clearly dimensioned.
F.Dedications to Public. Location, dimensions, bearings, radii, arcs, and central angles of
all sites to be dedicated to the public will be clearly indicated and intended use specified.
SECTION 18: A MEND MEN T “10.05.090 Street Standards” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
10.05.09003.080 Street Standards
A ll streets shall have curbs and gutters, sidewalks, and asphalt paving per City Engineering
Standards. In rural residential zones, the requirement for curb and gutter may be eliminated w ith
approval of the City Engineer and in compliance w ith the approved typical roadw ay sections.
A.Intersections and Alignments (See subsection 10.03.090.)
1.Prohibited Streets. Streets w ith centerline offsets of less than one hundred
twenty-five (125’) feet are prohibited w ithout City Engineer prior approval.
2.Avoid These Intersections. Street intersections w ith more than four (4) legs
and Y-type intersections where legs meet at acute angles shall be avoided.
3.R ight Angles. Streets shall be planned to intersect as nearly as possible at right
angles, but in no event at less than seventy (70°) degrees. A street intersecting
an arterial street shall do so at less than eight-five (85°) degrees.
4.C onnecting Curve. Where any street deflects at an angle of five (5°) degrees
or more, a connecting curve shall be required having a minimum centerline
radius of three hundred (300’) feet for arterial and collector streets and one
hundred twenty-five (125’) feet for local streets.
5.Betw een R everse C urves. A tangent at least one hundred fifty (150’) to tw o
hundred (200’) feet long shall be provided betw een reverse curves on arterial
and collector streets.
B.Seal Coating. The developer is required to have all streets or roads seal coated as per
city standards w ithin tw o (2) years of acceptance.
1.Bond or Security. The developer shall file with the city a bond or other
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acceptable security to provide payment of the seal coating.
2.C ity Seal C oating Project. Arrangements may be made to have the seal
coating incorporated w ithin a city seal coating project if coordination and
payment arrangements are made w ith the C ity Engineering D epartment prior to
bidding the seal coating project.
C.Paving. Paving must comply w ith approved city typical street sections.
1.A lternate paving sections will be considered if substantiated by an in depth
engineering analysis by an Idaho professional engineer
D.Right-of-w ay & Number of Moving Lanes. For right-of-w ay w idth and number of
moving lanes, see current Engineering Standards, as specified by ID APA 39.03.42. (See
subsection 10.03.090.)
E.Intersection Frequency. Intersections shall be limited to as few points as possible. (See
subsection 10.03.090.)
F.Street signs and Traffic C ontrol Signals. Street name signs and traffic control signs
shall be installed by the City in appropriate locations at each intersection in accordance
with local standards. (See subsection 10.03.090.)
1.A fee shall be charged to the sub-divider to reimburse the City for its cost of
such signing.
G.Lighting (See section 3.6.) Street lights shall be installed by the sub-divider at
intersections throughout the subdivision, unless w aived after recommendation of the
City Engineer and approval of the C ity Council.
1.Street lights w ill be required to be installed per City Engineering Standards.
2.D raw ings. R ecord drawings are to be submitted to the City Engineer prior to
the governing utility connecting the street lights to pow er.
3.Street Light Wiring. A ll street-light wiring installed in the C ity of R exburg
right-of-way shall be installed in electrical conduit according to the currently
adopted N ational Electrical C ode for direct burial.
a.Ow ned by C ity of R exburg. This standard shall only apply to w iring
that is ow ned by or proposed to be owned by the City of Rexburg,
including but not limited to the w iring after the first point of disconnect,
typically an over current protection device.
b.Fusing, Junction Boxes, etc. Fusing, junction boxes and related w ork
shall be done to comply w ith the requirements of the City of Rexburg
and the governing utility.
c.No Foreign Systems. No other foreign systems such as w ater piping or
irrigation shall be in the same conduit as power w iring.
d.New C onduit. A ll new conduits installed shall also be located by a
City official prior to backfilling any trenching.
e.Poles. A ny pole installed shall have a grounding electrode installed at
each point of disconnect location in addition to an equipment grounding
conductor of sufficient size to meet code.
f.Size. Sizes of conduit shall also be no less than one (1”) inch to each
pole light, unless larger required by current N ational Electrical C ode.
No less than two (2”) inch size to feed more than fifty (5) feet betw een
poles or junction boxes.
Page 18
SECTION 19: A MEND MEN T “10.5 REQ U IRED IMPRO VEMEN TS” of
the R exburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.5 REQ U IRED IMPRO VEMEN TS4 Infrastructure Plans
SECTION 20: A MEND MEN T “10.04.020 Responsibility Of Sub-D ivider” of
the R exburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.04.020 Responsibility Of Sub-D ivider(Amended)
A.Sub-Divider Responsibility. A ll required improvements such as streets, seal coating,
alleys, utilities, street lighting, drainage, easements, and other facilities w hich are
required as a condition to plat approval shall be the responsibility of the sub-divider and
shall meet C ity specifications and standards of construction.
B.Registered Engineer in Idaho. Plans for the improvements herein required shall be
prepared by a registered engineer in the State of Idaho.
SECTION 21: A MEND MEN T “10.05.050 Water And Wastew ater (Sew er)”
of the Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.05.050 Water And Wastew ater (Sew er)04.040 Water, Wastewater, Storm, Irrigation
A.Approval Process.
1.Engineer Designed. A ll system designs are to be completed by an Idaho
registered Engineer.
2.D esign and Installation. All water system and sewer system design and
installation is to be done in accordance to the requirements of the Idaho
D epartment of Environmental Q uality (D .E.Q .) and adopted City Engineering
Standards.
3.Improvements. All water system improvements are to be approved by D.E.Q .
prior to any construction.
a.The sub-divider is responsible for submitting the design to D .E.Q. for
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approval.
b.Approval Letter. A copy of the approval letter from D .E.Q. for the
final design shall be submitted to the City Engineer by the sub-divider.
c.“Will Serve Letter.” The City will provide a “Will Serve Letter” to the
developed after the plans have been review ed and approved by the City
Engineer.
d.Fire Safety. Fire protection shall be included in the design of the
project to meet the requirements of the city and this ordinance. A ll fire
safety must comply with Section 10.3 and International Fire Code
requirements.
(1)Fire Hydrants. The location of fire hydrants required to serve
the subdivision shall be approved by the City and meet the
requirements of this section.
4.Plans for proper and adequate provisions including type, extent, location, and
capacity of facilities shall be made for disposal of w astew ater, w ater, supply,
and storm water shall be approved for individual subdivisions by the City
Engineer.
B.Culinary Water Service. Proper and adequate provisions shall be made for culinary
water service to each lot. . Proper and adequate provision shall be made for culinary
water service to each lot.
1.Sub-divider Responsibility. It shall be the responsibility of the sub-divider to
furnish such evidence as may be required relative to the design, operation,
volume, and quality of water supply and facilities proposed including pipe size,
pipe materials, location, valve location, hydrant location and any special
requirements.
2.Location. Water pipelines are to be located per current City Engineering
Standards.
a.Water lines are to be located at approximately the center of new
residential lots.
3.C ommercial D evelopments. The location and size of service lines for
commercial developments are to be approved by the City Engineer.
C.Wastew ater D isposal. Proper and adequate provisions shall be made for wastew ater
disposal.
1.Sub-divider Responsibility. It shall be the responsibility of the sub-divider to
furnish such evidence as may be required relative to the design and operation of
the sanitary sew age facilities proposed including pipe size, manhole location,
pipe slope and information on any required pump stations.
2.Wastew ater. Wastew ater pipelines are to be located per current City
Engineering Standards. Exceptions w ith approval of City Engineer.
D.Storm Water Management.
1.It shall be the responsibility of the sub-divider to furnish the City such evidence
as may be required relative to design and operation of any storm w ater system
proposed and how storm w ater w ill be disposed of with supporting calculations.
2.Topography. Topography by contours or other method approved by the City
Engineer and show n on the same map as the Infrastructure Plan. Contour
Page 20
intervals shall be such as to adequately reflect the character and drainage of the
land. In most cases, the contour interval w ill be tw o (2') feet.
3.Water Features and Wetlands. Location and extent of all w ater features and
know n areas of w etlands, and the direction of their flow.
4.On-Site D etention. O n-site detention w ill be required in most locations. In
areas where it is not feasible to connect to or extend existing piped storm water
systems to new development, all storm w ater is to be retained and disposed of
on-site.
5.Storm D rain System. Piped storm drain systems for city streets are to be
installed w ithin the right-of-w ay and w ithin the paved portion of the street
section unless otherwise approved by the C ity Engineer.
a.Infiltrators. If local-non-piped-storm-water-management systems are
used, the infiltrators are to be installed in the planting strip or as
determined by the City Engineer.
b.On site storm retention for the parcel may not use the right-of-w ay for
storage or conveyance to another portion of the parcel.
E.Required items B , C & D above shall consider and include Health D epartment and Soil
Conservation Service data and requirements, w hich the sub-divider has accumulated
with the Infrastructure Plans.
F.Fire Hydrants. Fire protection shall be included in the design of the project to meet the
requirements of the City Engineering Standards, this ordinance, and International Fire
Code requirements.
1.Fire Hydrants. The location of fire hydrants required to serve the subdivision
shall be approved by the C ity and meet the requirements of this section.
2.Hydrants. A minimum ten (10’) feet by ten (10’) feet level area w ill be required
for all hydrants.
G.Profiles. Profiles of sanitary sew er, street drainage, drainage pre-treatment, storm water
detention and w ater distribution systems, show ing pipe size and location of valves and
fire hydrants, all to conform to city and state standards.
H.Irrigation Management. The sub-divider shall indicate how site landscaping irrigation
will be managed and provided.
1.Water R ights and Shares. All water rights or shares that have been historically
linked to the development property shall be used for site irrigation or
surrendered to the city.
SECTION 22: A MEND MEN T “10.03.040 Proposed Utility Methods - Public
Works” of the Rexburg D evelopment C ode is hereby amended as follow s:
A M E N D M E N T
10.03.040 Proposed Utility Methods - Public Works04.050 Streets Layout
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A.Water. Plans for proper and adequate provisions including type, extent, location, and
capacity of facilities shall be made for disposal of w astew ater, water, supply, and storm
water.
1.Engineered Plans. These plans must be done by an Idaho Registered Engineer,
be approved for individual subdivisions by the City Engineer, must comply with
the adopted D esign Standards and Specifications of the C ity, and must be
approved by the Departments of Environmental Q uality (D .E.Q .) at D istrict 7
H ealth.
2.Will Serve Letter. The City w ill provide a “Will Serve Letter” for the
developer after the plans have been review ed and approved by the City
Engineer.
B.Water Supply Systems. Proper and adequate provision shall be made for culinary
water service to each lot. It shall be the responsibility of the sub-divider to furnish such
evidence as may be required relative to the design, operation, volume, and quality of
water supply and facilities proposed including pipe size, pipe materials, location, valve
location, hydrant location and any special requirements.
C.Wastew ater Management. It shall be the responsibility of the sub-divider to furnish
such evidence as may be required relative to the design and operation of the sanitary
sew age facilities proposed including pipe size, manhole location, pipe slope and
information on any required pump stations.
D.Storm Water Management. It shall be the responsibility of the sub-divider to furnish
the City such evidence as may be required relative to design and operation of any storm
water system proposed and how storm water w ill be disposed of with supporting
calculations.
E.Irrigation Management. The sub-divider shall indicate how site landscaping irrigation
will be managed and provided.
F.Water Rights and Shares. A ll w ater rights or shares that have been historically linked
to the development property shall be used for site irrigation or surrendered to the city.
G.Fire Hydrants. Fire protection shall be included in the design of the project to meet the
requirements of the City Engineering Standards and International Fire C ode.
H.Required items b, c & d above shall consider and include H ealth D epartment and Soil
Conservation Service data and requirements w hich the sub-divider has accumulated to
submit with the preliminary plat. Utility plans shall be made in accordance with standard
plans and specifications.
I.Streets. The sub-divider shall show road w idths, typical sections and pavement
structure. Street layout, including classification, location, width and proposed names of
public streets, alleys, pedestrian w ays and easements; connections to adjoining platted
tracts shall also be show n.
J.Traffic Study. A traffic study may be required by the City Engineer for any
development that has a potential to significantly impact traffic flow.
K.Landscape Plans. D etailed landscaping plans showing the type and size of all plant
material and its location, the irrigation system, decorative materials, recreation
equipment and special effects; and the schedule for removal and replanting of
vegetation;
L.Water & Street Plans. Detailed w ater, sewer, drainage and drainage pre-treatment,
Page 22
storm water detentionThe sub-divider shall show road widths, typical sections and
pavement structure and street system plans, including:
1.Central line profiles show ing finished grades of all streets;
2.Cross sections of proposed streets show ing widths of roadw ay, curbs, locations
and width of sidew alks and location and size of utility mains;
3.Profiles of sanitary sew er, street drainage, drainage pre-treatment, storm w ater
detention and w ater distribution systems, showing pipe size and location of
valves and fire hydrants, all to conform to city and state standards;
4.Street layout, including classification, location, w idth and proposed names of
public streets, alleys, pedestrian ways and easements; connections to adjoining
platted tracts shall also be shown.
5.Show right-of-w ay lines, radii, points of tendency and central angles of all
curvilinear street and alleys and radii of all street line intersections. (Idaho Code
50-1303)
6.Show connections to adjoining platted tracts.
7.C urb and Gutter. Curb and gutter per current City Engineering Standards.
8.P.U.D. Only. The estimated cost of street, sew er, drainage and drainage pre-
treatment, storm w ater detention, water, and other public infrastructure
improvements w ithin the planned unit development.
SECTION 23: A MEND MEN T “10.05.080 Street Identification” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.05.08004.060 Street Identification
SECTION 24: A MEND MEN T “10.05.100 Street Intersections A nd
A lignments” of the Rexburg D evelopment Code is hereby amended as follow s:
A M E N D M E N T
10.05.100 Street Intersections A nd A lignments04.080 Typical Roadw ay Sections
SECTION 25: A MEND MEN T “10.05.030 Pedestrian Ways” of the R exburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
Page 23
10.05.03004.110 Pedestrian Ways
A.Curb and Gutter. Curb and gutter pre current C ity Engineering Standards.
B.Location. Concrete sidew alks shall be provided on both sides of dedicated streets.
C.Setback. All sidewalks are to be set back from the curb per current C ity Engineering
Standards and the area betw een the sidew alk and curb and gutter is to be landscaped.
D.AD A. Sidewalks shall connect to cross w alks at each intersection and shall meet the
requirement as defined for A D A accessibility.
E.Larger w idths. Pedestrian ways w ith right-of-way widths of ten (10’) feet or greater
may be required w here essential for circulation or access to schools, playgrounds,
shopping centers, transportation and other community facilities.
F.Connectivity. Connectivity to main routes in tow n for bicycle and pedestrian
connections to main routes shall be included in the design of developments.
G.Larger w idths. Pedestrian ways w ith right-of-way widths of ten (10’) feet or greater
may be required w here essential for circulation or access to schools, playgrounds,
shopping centers, transportation and other community facilities.
H.Connectivity. Connectivity to main routes in tow n for bicycle and pedestrian
connections to main routes shall be included in the design of developments.
SECTION 26: R EN U MBE R “10.05.040 Public Sites, O pen Spaces, And
N atural Features” of the Rexburg D evelopment C ode is hereby renum bered as follow s:
R E N U M B E R
10.05.040 Public Sites, O pen Spaces, A nd N atural Features
10.05.04004.120 Public Sites, Open Spaces, A nd N atural Features
SECTION 27: A MEND MEN T “10.3 D ATA REQU IR EMENTS” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.3 D ATA R EQU IREMEN TS5 Plat Plan
SECTION 28: R EPE AL “10.05.010 Responsibility O f Sub-D ivider” of the
Rexburg Development Code is hereby repealed as follow s:
Page 24
R E P E A L
10.05.010 Responsibility Of Sub-D ivider (Repealed)
A ll required improvements such as streets, seal coating, alleys, utilities, street lighting, drainage,
easements, and other facilities w hich are required as a condition to plat approval shall be the
responsibility of the sub-divider and shall meet City specifications and standards of construction.
Plans for the improvements herein required shall be prepared by a registered engineer in the
State of Idaho.
SECTION 29: A MEND MEN T “10.03.010 Preliminary Plat D ata” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.0305.010 Preliminary Plat D ata
A.Form of Presentation. The follow ing information is required as part of the Preliminary
pPlat submitted and shall be show n graphically, or by note on plans, or by letter, and
may comprise several sheets.
1.Format. All work shall be submitted as a digital copy in A utoC AD format.
B.General Mapping
1.Scale. All mapped data for the same plat shall be drawn at the same standard
engineering scale, having no more than one-hundred (100’) feet to an (1") inch
unless otherwise approved as to scale.. Whenever practical, The scalesshall be
adjusted toshall produce an overall drawing measuring tw enty-four eighteen
inches by thirty-sixtwenty-seven (2418”x 3627”) inches. (Idaho C ode 50-1304)
2.N orth A rrow (Idaho Code 50-1304), and D ate of the Plat preparation.
3.N ame and Location. Proposed name of subdivision and its location by section,
township, range and county. (Idaho Code 50-1304)
4.D imensions. A ll dimensions shall be expressed in feet and decimals.
a.All required data to accurately calculate any curvilinear dimensions
shown on the Plat.
b.Survey Markers. (See subsection 10.04.030.)
c.Boundaries. Boundaries of the tract to be subdivided shall show
dimensions. (Idaho Code 50-1304)
5.Legal Description. A legal description of the exterior boundary of the
subdivision. (Idaho Code 50-1304)
a.Boundary. Boundaries of the tract to be subdivided fully balanced and
closed, showing all bearings and distances determined by an accurate
survey in the field.
b.All boundary corners are also to show state plane coordinates.
c.Bearing and distance ties to tw o (2) section corners or quarter section
Page 25
corners and a description of the corners. Show basis of bearing.
6.Excepted Parcels. Any excepted parcel(s) within the plat boundaries shall
show all bearing and distances, determined by an accurate survey in the field.
7.C ardinal Point. Location and description of cardinal point to w hich all
dimensions, angles, bearing, and similar data on the plat shall be referenced.
8.Vicinity Map. Vicinity Map drawn to scale of 1” equal 800’, clearly show ing
proposed subdivision’s configuration in relationship to adjacent subdivisions,
main arterial routes, collector streets, etc.
C.Contact Information.
D.Format. A ll w ork shall be A utoCAD format and a digital copy shall also be submitted.
E.Identification Data
1.N ame and Location. Proposed name of subdivision and its location by section,
township, and range; reference by dimension and bearing to at least tw o (2)
section corners or quarter section corners and the basis of bearing. (Idaho Code
50-1304)
2.Sub-divider. N ame, address, and phone number of sub-divider
3.Engineer or Land Surveyor. N ame, address, and phone number of engineer
or land surveyor
4.Scale, north arrow, and date of preparation including dates of any subsequent
revisions.
5.Vicinity Map. Vicinity Map drawn to scale of 1” equal 800’, clearly show ing
proposed subdivision’s configuration in relationship to adjacent subdivisions,
main arterial routes, collector streets, etc.
F.Listed Items
1.Zone. By note, the existing zoning classification of tract. (Idaho code 50-1304)
2.A creage. By note, the acreage of the tract.
G.Lots & B locks. All lots and blocks shall be numbered throughout the Plat in accordance
with Idaho Code. (Idaho Code 50-1304)
1."Exception", "tracts" and "private parks", shall be so designated, lettered, or
named and clearly dimensioned.
2.Typical lot dimensions to scale; dimensions of all corner lots and curvilinear
sections of streets
3.Each lot numbers individually; total number of lots.
H.Streets, Public A reas, and Permanent Structures. Location, w idths and names of all
platted streets, railroads, utility right-of-way of public record, easements (Idaho C ode
50-1303), public areas, permanent structures to remain including w ater wells, and
municipal corporation lines within or adjacent to tract.
1.Easements. Show location, width and use of all easements for rights-of-w ay
provided for public services or utilities and any limitations of the easements.
(Idaho C ode 50-1304)
2.Public U se Areas. Designation of all land to be dedicated or reserved for
public use with use indicated.
a.Future A cquisition. Where it is determined that a proposed park,
playground, school or other public use as show n on a future acquisition
map, as authorized in Idaho C ode, is located in w hole or in part w ithin
Page 26
a proposed subdivision, the Commission shall notify the appropriate
public agency concerning the land proposed to be acquired.
(1)Suspend C onsideration. Within thirty (30) days of the date of
notice, the public agency may request the governing body to
suspend consideration on the proposed subdivision for sixty
(60) days.
(2)N o A greement. If an agreement is not reached within sixty (60
) days, the Commission shall resume consideration of the
subdivision.
b.Large Subdivisions. Subdivisions of more than one-hundred (100)
units shall be required to provide at least ten (10%) percent of the land
for public use at fair market rates at the time of development.
I.Adjacent Subdivisions or Surveys. N ame and filing number of any recorded adjacent
subdivision or record of survey having common boundary w ith the tract.
J.Special Features. Appropriate information that sufficiently details the proposed
development w ithin any special development area, such as hillside, planned unit
development, flood plain, cemetery, mobile home park, large-scale development,
hazardous and unique areas of development.
K.Zoning C lassifications. If plat includes land for w hich multi-family, commercial, or
industrial use, such areas shall be clearly designated together with existing zoning
classification and status of zoning changes, if any.
SECTION 30: R EPE AL & R EEN AC T “10.05.060 Storm Water” of the
Rexburg Development Code is hereby repealed & reenacted as follow s:
R E P E A L & R E E N A C T
10.05.06004.050 Repeal Storm Water
Proper and adequate provision shall be made for disposal of storm waters. The type, extent,
location, and capacity of facilities shall be approved for individual subdivisions by the C ity
Engineer.
A.On-Site Detention. O n site detention will be required in most locations. In areas where
it is not feasible to connect to or extend existing piped storm w ater systems to new
development, all storm w ater is to be retained and disposed of on-site.
B.Idaho Engineer. A ll storm w ater design is to be done by an Idaho registered Engineer.
C.Drainage Study. O n developments over 2.5 acres, a drainage study must be completed
by an Idaho Registered Engineer to determine storm w ater run-off volumes, transport
times, and system design.
D.Design & Installation. Design and installation is to be cone in accordance w ith the
requirements of the City Engineering Standards.
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SECTION 31: A DOPTION “10.04.090. Street Lighting” of the Rexburg
D evelopment Code is hereby added as follow s:
A D O P T I O N
10.04.090. Street Lighting(Added)
Lighting (See section 3.6) Street lights shall be installed by the sub-divider at intersections
throughout the subdivision, unless waived after recommendation of the City Engineer and
approval of the City Council.
A.Street lights will be required to be installed per City Engineering Standards.
B.Draw ings. R ecord drawings are to be submitted to the City Engineer prior to the
governing utility connecting the street lights to power.
C.Street Light Wiring. A ll street-light w iring installed in the City of Rexburg right-of-
way shall be installed in electrical conduit according to the currently adopted N ational
Electrical Code for direct burial.
1.Owned by City of Rexburg. This standard shall only apply to w iring that is
ow ned by or proposed to be ow ned by the C ity of R exburg, including but not
limited to the w iring after the first point of disconnect, typically an over current
protection device.
2.Fusing, Junction Boxes, etc. Fusing, junction boxes and related work shall be
done to comply w ith the requirements of the City of Rexburg and the governing
utility.
3.N o Foreign Systems. N o other foreign systems such as water piping or
irrigation shall be in the same conduit as pow er wiring.
4.N ew Conduit. All new conduits installed shall also be located by a City official
prior to backfilling any trenching.
5.Poles. Any pole installed shall have a grounding electrode installed at each
point of disconnect location in addition to an equipment conductor of sufficient
size to meet code.
6.Size. Sizes of conduit shall also be no less than one (1") inch to each pole light,
unless larger required by current N ational Electrical Code. No less than tw o
(2") inch size to feed more than fifty (50) feet between poles or junction boxes.
SECTION 32: A MEND MEN T “10.05.070 Utility Locations” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
10.05.07004.100 U tility Locations
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A.Utility plans shall be made in accordance with standard plans and specifications.
B.Communication Facilities. Communication facilities such as telephone, fiber, internet,
etc. are to be installed in the landscaping strip on each side of the proposed streets.
C.Gas. G as mains are to be located per current C ity Engineering Standards.
1.Exceptions – If the nearest utility is more than eight (8’) feet deep and is
constructed with trench w alls sloped 1:1, the gas main must have a minimum of
ten (10’) feet horizontal clearance and must not be less than four (4’) feet
horizontal distance from the back of the curb and gutter.
D.Storm Drain System. Piped storm drain systems for city streets are to be installed
within the right-of-way and w ithin the paved portion of the street section unless
otherwise approved by the C ity Engineer. If local-non-piped-storm-water-management
systems are used, the infiltrators are to be installed in the planting strip or as determined
by the C ity Engineer. O n site storm retention for the parcel may not use the right-of-way
for storage or conveyance to another portion of the parcel.
E.Underground E lectrical. A ll new and/or relocated electric lines are to be placed
underground per current City Engineering Standards.
1.If no sidewalk is to be installed, a level area of five (5) square feet, a minimum
of fifteen (15’) feet from the edge of the asphalt roadway is to be provided for
the installation of the pow er lines in the utility easement.
2.Exceptions – O n major and minor arterial streets, a ten (10’) feet w ide easement
must be provided adjacent to and outside of the right-of-w ay and the
underground pow er lines will be installed in this easement.
F.Wastew ater. Wastew ater pipelines are to be located per current C ity Engineering
Standards. Exceptions with approval of City Engineer.
G.Water. Water pipelines are to be located per current City Engineering Standards.
1.Hydrants. A minimum ten (10’) feet by ten (10’) feet level area w ill be required
for all hydrants.
SECTION 33: A MEND MEN T “10.03.020 Existing Conditions D ata” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.0305.020 Existing Conditions D ataCertifications And Dedications
A.Topography. Topography by contours or other method approved by the City Engineer
and show n on the same map as the proposed subdivision layout. Contour intervals shall
be such as to adequately reflect the character and drainage of the land. In most cases, the
contour interval will be tw o (2’) feet.
B.Water features and Wetlands. Location and extent of all w ater features and know n
areas of w etlands, and the direction of their flow.
C.Streets, Public A reas, and Permanent Structures. Location, w idths, and names of all
platted streets, railroads, utility right-of-way of public record, easements (Idaho Code
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50-1303), , public areas, permanent structures to remain including w ater wells, and
municipal corporation lines within or adjacent to tract.
D.Adjacent Subdivisions or Surveys. N ame and filing number of any recorded adjacent
subdivision or record of survey having common boundary w ith the tract.
E.Zone. B y note, the existing zoning classification of tract. (Idaho Code 50-1304)
F.Acreage. By note, the approximate acreage of the tract.
G.Boundaries. Boundaries of the tract to be subdivided shall show dimensions. (Idaho
Code 50-1304)
H.Land Surveyor. Name, address, and official seal of the registered professional land
surveyor preparing the plat. (Idaho Code 50-1309)
I.Drainage. All drainage w ays to be dedicated to the public.
J.Dedications to the Public. Location, dimensions, bearings, radii, arcs, and central
angles of all sites to be dedicated to the public w ill be clearly indicated and intended use
specified.
SECTION 34: R EN U MBE R “10.4 G RID CO MPLIAN CE” of the Rexburg
D evelopment Code is hereby renum bered as follow s:
R E N U M B E R
10.4 G RID CO MPLIA N CE
10.4 G RID CO MPLIA N CE8 Grid Compliance
SECTION 35: A DOPTION “10.6 A dditional Submittals” of the Rexburg
D evelopment Code is hereby added as follow s:
A D O P T I O N
10.6 A dditional Submittals(Added)
SECTION 36: A MEND MEN T “10.05.110 Traffic Studies” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
10.05.11006.010 Traffic Studies - Infrastructure
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Traffic studies may be required to adequately assess the impact of a proposed development on
the existing and/or planned transportation system. Traffic Study. A traffic study may be required
by the City Engineer for any development that has a potential to significantly impact traffic flow.
A.Triggers.
1.For nonresidential development proposal w hen trip generation during the peak
hour is expected to exceed one hundred (100) vehicles.
2.Residential development w ith one hundred (100) or more dw elling units.
3.A nnexation. For an application for annexation into the C ity.
4.D ensity. A new traffic study w ill be required, if after submitting the original
traffic study, the land use density increases by more than fifteen (15%) percent.
5.Master Plan or Development Plan Submittal
6.Preliminary or Final Plat. For a preliminary or final plat if the property has
already been rezoned for the proposed use and no traffic study was required for
the rezoning, or the original traffic study is more than tw o (2) years old.
7.Pre-A pplication C onference.
a.Sufficient Information. If the C ity Engineer is provided sufficient
information to determine whether the trip generation/dw elling unit
criteria has been met, the applicant w ill be notified a traffic study w ill
be required.
b.Insufficient Information. If insufficient information is available, but
the property appears to involve a sufficiently intense land use, the
applicant w ill be informed that a traffic study may be required.
8.Prior to building permit. Before a building permit, if the property has already
been zoned/platted and no previous traffic study less than tw o (2) years old
exists.
9.State Highw ay A ccess. For any change of use affecting State Highway A ccess
including new site access or additional access for an existing use is being
requested prior to issue of a building permit.
B.Process.
1.Responsibility of the applicant.
2.License & Experience. Traffic study must be prepared by a professional,
Transportation Engineer licensed in the State of Idaho w ith adequate experience
in transportation planning.
3.C ity Engineer Review . A ll studies must be review ed by the City Engineer
before acceptance.
C.Prior to Starting Traffic Study. Professional Transportation Engineers are encouraged
to discuss projects with the City Engineer prior to starting the study. This should provide
a firm base of cooperation and communication betw een the City, the ow ner or developer
and his consultant in creating traffic characteristics that are in the best interest of the total
community.
D.Format. A ll traffic studies shall contain, as a minimum, the following information:
1.Trip Generation Table. A summary table listing each type of land use, the
units involved, the general rates used, and the resultant trip generation (total
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traffic and AM/PM peaks).
2.Site Plan and Vicinity Map. A site plan that show s the locations of each
proposed land use, and a vicinity map that shows the site in relation to the
surrounding transportation system.
3.Existing and Projected Traffic Volume Graphics should show :
a.A.M. peak hours’ site traffic (in and out) including turning movements
b.P.M. peak hours’ site traffic (in and out) including turning movements
c.A.M. peak our total (in and out) including turning movements for
current conditions and 20-year projections or build out.
d.P.M. peak hour total traffic (in and out) including turning movements
for current conditions and 20-year build out.
4.Total D aily Traffic C ounts. A ll total daily traffic counts should be actual
machine counts and not based on factored peak hour sampling.
5.Possible Use of IT D C ounts. Latest available machine count from the Idaho
Transportation D epartment (ITD ) and other agencies may be acceptable if taken
w ithin a reasonable time period.
6.A ccepted Traffic Patterns. A ll traffic shall be assigned to existing and planned
facilities in a manner consistent to the accepted traffic patterns and approved by
the C ity Engineer.
E.Critical Lane Capacity Analysis. A critical lane capacity analysis should be conducted
for all major drivew ays that intersect local, collector, or arterial streets, and all adjacent
local, collector, and arterial intersections.
1.Both a.m. and p.m. peak hours should be tested to determine the critical
movements unless the proposed land use generates significantly greater traffic
volumes in either peak hour or at midday.
2.Pedestrian movements should also be considered in the evaluation.
3.Capacity calculations should also include an analysis for 20th year projections
or build-out conditions.
4.The appropriate forms for capacity analysis calculations shall be used.
F.Design Hours Volumes. Site design hour volumes approximating the peak hour
volumes used to determine public improvements w ill be estimated, using one of the
follow ing:
1.Existing traffic volume counts
2.Peak hour trip generation rates as published in the ITE Trip G eneration
Summary
3.A professionally recognized and accepted study for uses of development and
generation rates.
G.Level of Service. Level of service C shall be the design objective and under no
circumstances w ill less than level of service D be accepted for site and non-site traffic.
The design year w ill be approximately 20 years follow ing construction or build out.
H.Reciprocal Parking. Traffic studies for planning applications w here reciprocal parking
is contemplated will be required to include parking accumulation studies for existing
facilities similar to proposed uses.
I.Revisions to traffic study. Revisions to the traffic study shall be provided as required
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by the C ity Engineer. The need to require revisions shall be based on the completeness
of the traffic study with the proposed access and development plan.
J.Traffic A ccidents. Traffic accident data for affected street corridors may be required for
the study. In this case, estimates of increased or decreased accident potential shall be
evaluated for the development.
K.Traffic C ounts. A ll traffic count data (including hourly A DT and peak hour turning
movements) and analysis w orksheets should be provided in the appendices.
L.Trip A ssignment. N on-generated pass by traffic reductions in generation volume may
be considered if applicable. All estimates of trip distribution, assignment, and modal split
are subject to review by the City Engineer.
M.Trip Generation Guide where A ppropriate. In the event that data is not available for
the proposed land use, the City Engineer shall approve estimated rates prior to
acceptance.
N.Trip Generation R ates. Trip generation shall be calculated from the latest data
contained w ithin the Institute of Transportation Engineers.
O.Traffic Signals. Traffic progression is of paramount importance.
1.A ll potential signalized intersections should be planned for 0.5 mile intervals.
2.A ll other locations to be considered shall meet the following criteria:
a.Submittal of a time space diagram w ith acceptable through bands, cycle
lengths, and progression speeds.
b.Deviations. In areas that may affect established, complex,
computerized progressions, any deviation shall be thoroughly addressed
and approved by the City Engineer.
c.Time for side-street traffic must be sufficient for side-street volumes.
SECTION 37: A MEND MEN T “10.05.020 Drainage Calculations” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.06.020 Drainage Calculations - Infrastructure(Am ended)
D rainage StudyCalculations. O n developments over 2.5 acres, a drainage study must be
completed by an Idaho Registered Engineer to determine storm w ater run-off volumes, transport
times, and system design.
SECTION 38: A MEND MEN T “A dditional Submittal - Landscape Plan” of
the R exburg Development Code is hereby am ended as follows:
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A M E N D M E N T
10.06.030 Landscape Plan - Plat(Amended)
Landscape Plans. Detailed landscaping plans shall be submitted w ith the Plat show ing the type
and size of all plant material and its location, the irrigation system, decorative materials,
recreation equipment and special effects; and the schedule for removal and replanting of
vegetation.
SECTION 39: A DOPTION “10.06.040 Covenants, C onditions A nd
Regulations - Plat” of the Rexburg D evelopment C ode is hereby added as follows:
A D O P T I O N
10.06.040 Covenants, C onditions A nd Regulations - Plat(Added)
Covenants, Conditions and R egulations (CC R’s) shall be submitted with the Plat.
SECTION 40: A MEND MEN T “10.02.100 Short Plat” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
10.02.1007 Short Plat
The process for a sShort pPlat w ill be the same as for a preliminary and a final p Plat as listed in
this chapterSection 10.5 with the exception of application, Commission action, and Council
action. C ity of R exburg sStaff w ill take the place of both the Planning and Zoning Commission
and the City Council.
A.Conditions. A Short Plat may be requested w hen all of the follow ing conditions are
met:
1.The proposed subdivision does not exceed five (5) buildable lots
2.N o right-of-way dedication is necessary as required by City Codes and
O rdinances unless otherw ise approved by the City Engineer.
3.Public improvements, street widening or infrastructure improvements have been
approved by the City Engineer
4.N o impacts on the health, safety or general w elfare of the City of Rexburg
5.The subdivision is in the best interest of the City of Rexburg
B.Administratively R eview ed by Staff. The Zoning Administrator shall review said
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plans and data as submitted and w ithin ten (10) w orking days shall advise the sub-
divider in writing as to conformance or nonconformance of this ordinance, the city’s
zoning ordinances. Such review may include comments on policies and guidelines
follow ed by the Zoning A dministrator in the implementation of the Development Code.
SECTION 41: R EN U MBE R “10.04.010 Blocks” of the Rexburg
D evelopment Code is hereby renum bered as follow s:
R E N U M B E R
10.04.010 Blocks
10.0408.010 Blocks
SECTION 42: R EN U MBE R “10.04.020 Lots” of the Rexburg D evelopment
Code is hereby renum bered as follow s:
R E N U M B E R
10.04.020 Lots
10.0408.020 Lots
SECTION 43: R EN U MBE R “10.04.030 Survey Markers” of the Rexburg
D evelopment Code is hereby renum bered as follow s:
R E N U M B E R
10.04.030 Survey Markers
10.0408.030 Survey Markers
SECTION 44: R EN U MBE R “10.04.040 Street N ames” of the Rexburg
D evelopment Code is hereby renum bered as follow s:
R E N U M B E R
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10.04.040 Street Names
10.0408.040 Street Names
SECTION 45: R EN U MBE R “10.04.050 A ddressing” of the Rexburg
D evelopment Code is hereby renum bered as follow s:
R E N U M B E R
10.04.050 Addressing
10.0408.050 Addressing
SECTION 46: A MEND MEN T “10.6 SPECIAL D EVELOPMEN TS” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.6 SPECIAL D EVELOPMEN TS9 Special D evelopments
SECTION 47: A MEND MEN T “10.06.010 Condominium” of the Rexburg
D evelopment Code is hereby amended as follow s:
A M E N D M E N T
10.0609.010 Condominium
SECTION 48: A MEND MEN T “10.06.020 Subdivision Within A Floodplain”
of the Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.0609.020 Subdivision Within A Floodplain
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SECTION 49: A MEND MEN T “10.06.030 Subdivision For A Cemetery” of
the R exburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.0609.030 Subdivision For A Cemetery
SECTION 50: A MEND MEN T “10.06.040 Areas O f Critical Concern” of the
Rexburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.0609.040 Areas O f Critical Concern
SECTION 51: A MEND MEN T “10.02.040 Final Plat Or A mended Plat” of
the R exburg Development Code is hereby am ended as follows:
A M E N D M E N T
10.02.040 Final Plat Or A mended Plat
A.Application. If the sub-divider elects to proceed w ith the platting process, he shall file
with the City Planning and Zoning Office, at least tw enty-one (21) days prior to the
scheduled presentation before the Commission, four (4) copies of the completed
subdivision application form as prescribed by the Commission and four (4) 24” x 36”
copies of the final plat with data as required by this section.
Pay Fees. Persons filing a subdivision plat w ithin the City of Rexburg shall first have paid all
fees as established by resolution of the Council. Such fees may be review ed and changed by
resolution of the Council at such time as the C ouncil deems necessary.
Staff Review. The City shall transmit a copy of the application to its various departments and
other agencies that have jurisdiction or an interest in the proposed subdivision for their review
and recommendation.
A.If no w ritten reply is received from any of the various departments or interested agencies
within fourteen (14) days from the date of notification, approval of the preliminary plat
by such department or agency w ill be considered to be granted.
B.The Planning and Zoning Department shall check the Final Plat for conformity to the
Preliminary Plat.
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1.N onconformance. In the event the Final Plat does not substantially conform to
the Preliminary Plat, the sub-divider shall be required to resubmit the Final Plat
or go back to the C ommission for a new approval of the Preliminary Plat. (See
subsection 10.02.030.)
D evelopment A greement. The D evelopment A greement shall be executed prior to the approval
of the final plat. The final plat shall not be signed by the city until the D evelopment A greement
has been executed.
D edication and Acknow ledgement.
A.Dedication. The plat must contain a statement of dedication of all streets, alleys,
drainage w ays, pedestrian ways, and other easements for public use by the person
holding title of record and by persons holding title as vendees under land contract. If
lands dedicated are mortgages, the mortgagee shall sign the plat.
B.Acknow ledgement. Execution of dedication shall be acknow ledged and certified by a
notary public.
C ounty Surveyor Review . The plat shall be review ed by the County Surveyor for
conformance to C ounty codes. The County Surveyor signs the plat as the Examining Surveyor.
Planned Unit D evelopment (PUD ) Master Plan Approval. If a PU D Master plan has been
approved, the final plat shall be approved by the Zoning A dministrator.
C ouncil A ction. U pon receipt of the final plat and related documents, and all other data as
required herein, the C ouncil shall thereafter place the final plat on their next available agenda for
consideration at a regular meeting held not less than thirty (30) days after the date of submittal of
the completed submission.
A.Approval. The Council, follow ing shall consider the final plat and any changes from
the preliminary plat approved by the Commission. If said plat conforms to the
requirements of this ordinance and the Idaho Code, the Council shall consider the
approval of the plat.
B.Dedications A ccepted. A t the time of approval and recording of the final plat, the
Council shall accept the dedications show n thereon and shall, as a condition precedent
to the approval of any final plat, require the sub-divider either to improve or agree to
improve the streets and all other public improvements by furnishing a surety bond or
satisfactory agreement, in accordance with Standard D raw ings and Specifications, the
engineering plans and as defined in the D evelopment A greement.
1.To complete the acceptance of any dedication of land, the ow ner shall furnish to
the C ouncil, a deed conveying such lands to the City.
2.The City will record the deed w ith the County R ecorder.
3.The Council shall make such findings as are consistent with the provisions of
this ordinance and the Idaho C ode. The reasons for such decision shall include:
a.the ordinance and standards used in evaluating the application
b.the reasons for approval or denial; and
c.the actions, if any, that the applicant could take to gain approval of the
proposal.
Time L imitations. In the event that the development of the final plat is made in successive
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Time L imitations. In the event that the development of the final plat is made in successive
continuous segments in an orderly and reasonable manner, conforms substantially to the
approved preliminary plat, such segments, if submitted with successive intervals of tw elve (12)
months may be considered for final plat approval.