HomeMy WebLinkAboutOrd No 1241 Dev Code Ord 1200 Amendment - Infrastructure, Plat, and Lot Line Adj for SubdivisionsInstrument # 436739
REXBURG, MADISON, IDAHO
12.30-2020 03:38:18 PM No. of Pages: 29
Recorded for: CrrY OF REXBURG
K!M H. MUIR Fee: 0.00 D,
t x-Oiitcto Recorder Deputy CY 1'S/
CITY OF REXBURG
ORDINANCE 1241
DEVELOPMENT CODE ORDINANCE 1200 AMENDMENT - INFRASTRUCTURE,
PLAT AND LOT LINE ADJUSTMENT FOR SUBDIVISIONS
AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE
(PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE
AND NON -SUBSTANTIVE ITEMS; THE FOLLOWING CHANGES HAVE BEEN
MADE: THE APPLICATION PROCESS FOR SUBDIVISIONS BY COMBINING THE
PRELIMINARY AND FINAL PLAT PROCESS; UPGRADED SEWER AND WATER
TO CURRENT D.E.Q. REQUIREMENTS; LOT LINE ADJUSTMENT
REQUIREMENTS ADDED; AND PROVIDING FOR THE EFFECTIVE DATE OF
THE ORDINANCE.
WHEREAS, The City of Rexburg is incorporated as an entity of the State of Idaho; and
WHEREAS, the State of Idaho Statutes are used by the City of Rexburg as the primary
source of code compliance; and
WHEREAS, Rexburg City Codes are subordinate to Idaho State Code.
NOW THEREFORE, be it ordained by the Council of City of Rexburg, in the State of
Idaho, as follows:
SECTION 1: ADOPTION "10.2 Lot Line Adjustment" of the Rexburg
Development Code is hereby added as follows:
ADOPTION
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 Adjustment. A lot -line -adjustment which does not reduce the area,
frontage, width, depth, or building setback lines to fall below the minimums required
by the zoning regulations. Land with two (2) legal descriptions stays as two (2) legal
descriptions, but the descriptions are amended.
2. Lot Combination. The combining of two established lots into a single lot. Land with
two (2) legal descriptions will be described with 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 two (2) legal descriptions.
B. Application. A Lot Line Adjustment 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 Descriptions shall be submitted with the application
describing the new lots or new lot configuration.
a. Legal Descriptions shall be consistent with a land survey and shall describe
the metes and bounds of each lot to close, or consist of previously approved
lots.
2. Proof of Ownership. Applicant shall submit proof of ownership. If Applicant is not
the owner, an Affidavit of Legal Interest, signed and notarized by the owner, shall be
submitted.
C. Pay Fees. Persons filing an application within 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 Council deems necessary.
D. Certification. Upon receipt of the application and all required documents as provided herein,
the City shall certify the application as complete and shall affix the date of application
acceptance thereon.
E. Reviews. Once the Application 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 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. Revisions. If revisions are requested, applicant shall resubmit documents needing
revisions and the review process shall begin again.
H. Approval. Applicant shall take approval letter and approved legal descriptions to Madison
County for recording.
1. Communicate to City. Recording number is communicated by the Applicant to the City
Planning & Zoning office to finalize permit.
SECTION 2: AMENDMENT "10.03.030 Preliminary Plat" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
10.03.020 Subdivision Submittal
A. Zone Changes. Before platting of the development, all required zoning changes shall be
obtained.
B. The sub -divider may cause the subdivision, or part thereof to be surveyed and a Plat
prepared.
C. Application. If the sub -divider elects to proceed with the platting process, he shall file with
the City Planning and Zoning Office, one (1) digital copy of the Infrastructure Plan and one
(1) digital copy of the Plat in AutoCAD format. (See section 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,
acknowledgements and signature blocks of the owner, surveyor, reviewing surveyor
and others as determined by the Planning & Zoning department. (See subsection
10.02.070.C.)
a. The Plat must contain a statement of dedication of all streets, alleys,
drainage ways, 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) Acknowledgement. Execution of dedication shall be acknowledged
and certified by a notary public.
3. Proof of Ownership. A current title report or other evidence acceptable to the City
showing proof of ownership of the tract of land being platted shall be part of the
application submission.
4. Covenants, Conditions and Regulations (CC&R's) shall be submitted with the Plat.
D. Pay Fees. Persons filing a subdivision plat within the City of Rexburg shall first have paid all
fees as established by resolution of the Council. Such fees may be reviewed and changed by
resolution of the Council at such time as the Council deems necessary.
E. Certification. Upon receipt of the Plat and all required data as provided herein, the City shall
certify the application as complete and shall affix the date of application acceptance thereon.
SECTION 3: AMENDMENT "10.02.050 Construction Drawings" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.02.050 Time Limitation
Approval Time Period. Once the Plat is approved, the approval is good for a period of twelve (12)
months from the date of approval. In the event a longer period elapses, the Plat must be reviewed 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 Council.
SECTION 4: AMENDMENT "10.2 PROCEDURE" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
10.3 Infrastructure/Plat Process
SECTION 5: AMENDMENT "10.03.010 Pre -Application" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
10.03.010 Pre -Application
Before filing an application for a Plat, the Applicant will submit a concept drawing and any
additional data to communicate intentions and plans and meet with the Ready Team. The Ready
Team will communicate any information, which Zoning Applicant should be aware -of.
SECTION 6: AMENDMENT "10.03.030 Proposed Conditions Data" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.04.010 Master Plan
A. Development Master Plan. If the proposed subdivision is part of a larger area intended
for development, a Development Master Plan of the entire area is required.
SECTION 7: ADOPTION "10.03.030 Subdivision Review" of the Rexburg
Development Code is hereby added as follows:
ADOPTION
10.03.30 Subdivision Review(Added)
A. City Engineering Review. All 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. Design 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 Quality (D.E.Q.) and adopted City Engineering Standards.
2. The City Engineering Department shall check the Plat for conformity to the
Infrastructure Plan. The City Engineer will determine ifthe street, water, sewer,
drainage and drainage pre-treatment, storm water detention, and other similar
facilities in the area surrounding the development and in the city are or will be
adequate to provide for the health, safety and welfare for the development's
population densities and the type of development proposed, taking into
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 City will provide a "Will Serve Letter" for the developer
after the Infrastructure Plans have been reviewed and approved by the City
Engineer.
4. Development Agreement. The sub -divider shall work with the City Engineering
Department to develop a Development Agreement for review with 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 Reviews. Upon approval of the Infrastructure Plans, and at Ieast
twenty-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 Departments and Agencies:
a_ City Engineer
b. City Planning and Zoning Department
c. County Commissioners
d. City Council
e. Fire Department
f. GIS Department
g. Public Works Director
h. State Highway Department
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 Review. The Plat shall be reviewed by the County Surveyor for
conformance to County codes. The County Surveyor signs the Plat as the Examining Surveyor.
1. The County charges a separate fee for the County Surveyor review.
SECTION 8: ADOPTION "10.03.040 Subdivision Consideration" of the
Rexburg Development Code is hereby added as follows:
ADOPTION
10.03.040 Subdivision Consideration(Added)
A. Planned Unit Development (PUD) Master Plan Approval. If a PUD Master plan has
been approved, the Plat shall be considered by the Zoning Administrator.
B. Commission Action. The Plat shall be placed on the Commission agenda for
consideration at the next available regular meeting.
1. Review. The commission shall review the application and comments from the
review agencies for compliance to the City's Comprehensive Plan, Development
Code, and applicable ordinances. The Commission shall determine if further
action will be necessary to complete the review and make recommendations to
City Council.
2. Amendment. If the Commission determines that an amendment must be made to
the Comprehensive Plan and/or the Zoning Ordinance to approve the application,
the Commission shall follow the procedures detailed in Idaho Codes 67-6509.
3. Recommendation. The Commission will recommend to City Council the Plat be
approved, approved conditionally, or disapproved within thirty (30) days after the
date of the meeting at which the Plat is first considered.
a. The Commission, will then send a copy of the Plat and the Commission's
fundings or Reasons for Decision to the City Council.
b. Reasons for Decision. 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 Action. 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 Ordinance and the Idaho Code,
the Council shall consider the approval of the Plat.
2. Testimony. The Council may hear testimony of the representatives of the
Commission and witnesses, including interested citizens affected by the proposed
subdivision.
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
with 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.
4. Dedications Accepted. At the time of approval and recording of the Plat, the
Council shall accept the dedications shown thereon. The Council 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 with Standard
Drawings and Specifications and the Infrastructure Plan as defined in the
Development Agreement.
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 with the County Recorder.
b. The Council shall make such findings as are consistent with 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.
5. Reasons for Decision. The reasons for such decision shall be stated in writing, a
copy of which shall attached to one (1) copy of the Plat and returned to the sub-
divider.
SECTION 9: AMENDMENT "10.02.060 Bonding" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
10.03.060 Bonding
Prior to recording the Plat, the sub -divider shall file with the City Clerk a surety bond, or other
acceptable guarantee, to ensure actual construction of such improvements as submitted and
approved.
A. The improvements when covered by a surety bond, shall be constructed within two (2)
years from the date of recording of the Plat; provided, however, the City may extend the
period one (1) year upon showing of just cause by the sub -divider.
B. Such surety bond shall be one -hundred -ten percent (i 10%) of the estimated cost of the
improvements as determined by the City.
C. A copy of certification shall be forwarded 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 City
Clerk shall thereafter release seventy-five (75%) percent of said surety or
guarantee upon application of the sub -divider.
2. The final twenty-five (25%) percent of the surety will remain in effect for a twelve
(12) month warrantee period.
a. 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 10: AMENDMENT "10.02.070 Request For Mylar" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
10.03.070 Request For Mylar
Once all revisions from staff reviews, County Surveyor, Commission and/or Council amendments
have been made to the Plat, the City of Rexburg Staff will 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 was approved on the Plat.
B. The approved Plat is to be recorded on clear Mylar silver emulsion with an overall
dimension of eighteen (18") inches by twenty-seven (27") inches. (Idaho Code 50-1304)
C. Required Certifications.
1. Signature of the following 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 (Health Department after approval by
D.E.Q.)
d. City Planning & Zoning Administrator
e. Certification of plat approval by the City Engineer
f. Certificate of approval by the City Clerk
g. Certificate of approval by City Council (Mayor)
h. Treasurers Certification of taxes paid
i. Recordation by County Recorder
D. Development Agreement. Before the Plat will be signed by the City, the Development
Agreement shall be executed and the Development Agreement fees shall be paid.
SECTION 11: AMENDMENT "10.02.080 File With County Recorder" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.03.080 File With County Recorder
The Plat shall be filed with the County Recorder within six (6) months after approval by the
Council, otherwise such approval shall become null and void unless an extension of time is applied
for and granted.
A. Communicate to City. Recording number is communicated to the City Planning &
Zoning office to finalize permit.
SECTION 12: AMENDMENT "10.02.090 As -Built Plans" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
10.03.090 As -Built Plans
Prior to acceptance by the City 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 with the City.
A. The as -built drawing shall also be submitted in AutoCAD format, and shall show anv
deviations from the auoroved construction drawings.
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.
SECTION 13: AMENDMENT "10.02.110 Prior To Construction" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.03. 100 D.E.Q. Prior To Construction(Amended)
A. Improvements. All water 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. 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.
3. "Will Serve Letter." The City will provide a "Will Serve Letter" to the developer
after the plans have been received and approved by the City Engineer.
SECTION 14: REPEAL "10.03.020 Pre -Application Review" of the Rexburg
Development Code is hereby repealed as follows:
REPEAL
I M3.039 n..e_ A pplisat:,,.,_Reyiew (Repealed)
The tntcr ikall Feview said plans and data as subfiliaed and within ten (10)
iv846FIg Jays *41r2
fteflr.8nf0FffiaHG@ With 4hiS OFEliHaH6e. SUB14 review met), inelude guidelines ftem the implementatie
of various eFdinaases sueh as the eeniff 0rtrc,v&, , zeniRg @Fdiflaftees,
The Zoning A d.. inistret..« ..,:11 advise tl.e e..1.. di-kl : Cf X11ORS FegUi'Fed 44 114e
SECTION 15: RREPEAI., "10.02.040 Final Plat Or Amended Plat" of the
Rexburg Development Code is hereby repealed as follows:
REPEAL
1 n 02 040 Final Plat Or- Amended of ,+ (Repealed)
subd•Fit�, or r4r'= theFe6°*,,,- ti i L1i:.t
ffelifflifief5' plat as apprev 9. Tke o .
B. Appleeation. if -the sub divider- eleets te PF860ed with the planing process, hak.-.11 F -k -
with the City Planning and Zening Offiee, at least s (2 1) 9aYs-pfier-tathe-
subdivision applieation
^►riz w rresed 67 `kms C��d fug (1) 21" n 35"
eepies
f the final plat . ith data _es_requir-ed by this seet:e.
1 Plans and Q.. e:r,... tion.. (See ..,.A..,,,.+:en 4 0 03 nsn) The final plat submissien
ordinance.shall inelude plant z. -A
by this
of vwr,,. &hi
st issien.
2 !` ..s:fieste� d A 1 1 d The ARM! 1+ h 1. '+ted +e the City,
�, cc'raiacaz�rrcrlai+v7rrcaascii�@ar.�nicz-�s=Rc,-�,'r'rcon ocofiriccvcrcv arc .�...),
shall be all r .ed eertifle„+e. . eknewledgment. ..d a «.., wes of the e
Vic, C�3r/.11tlors and-Regulatienc
Q pily @C5--iZ@f56ii5 �i�� » .71�'l%»:aue���-nlnt iauilaiai+l,e r:r., .i n , t. t, 11 P • L,
at! lksu x ztablished by FeSOlufion efG✓arcil. f/%
by Fesel tie :3ftL2 ✓ancil at sueh time as the nr1mz.31
D. Staff ReviewThe r:ty shall tr.,..smit a , . if ik: allpli�c��. to Avtoklious depaFtm�
1. If w •miker rq,J/j is r5eeived4iem ary rf &.
trelimina:Fy ptat-by rm� c k� SFA:
A-
+ l•..,,I Dl..t f .. n i
. �\ .� ^OOri'1VY'rin-,t�
tiiary
a. Noneenfar-mmmee. in !he event the Final Plat does not substantially -
.,f r.., to the nrol:. issrj Plat,
k (Tii r/t`:g.,t: ,u 10. m nzn A
9. Development Agreement. e Develep I I ant shall be executed P63F tO the
appFel.'al of the fmal plM. The final plat shall not be signed by the eity untii the
Develepment Agreement kv. i rsn emeeuted.
F. Dedieatien and Aeknowledgement.
1. Dediention. The plat must esentain a statement of dedioatien a ukl c t utsN Weys;
de-l-rw, and ethy easememla L-.- pu li_-Lij k f thr--pefseff-
tltl l i'8RdeOS HAd r IMIJ T -.A- t
if lands dedieated aFe Hieftages, the meftagee shall sign the plat.
by-a-nPA j r A` iiG.
9. County Sun,eyoF Review. Tke T!at shall be Feviewed by the Count), SuFveyoF feF
zcXmkv1 axm tC ga "t" eedes. The Count), SuFveyer- signs the plat as the gmamining
yter-:
H. Planned Unit Development (PUD) MaSteF PIRB Appr-OVO . If A iLL Mastrr 1! �W, lr
been a e,a the r.....1 ..la I, li tir apprcved by the Zeni..,, A a.. ilii..t.rt,._
at aid jrziated doeument,,an4-fll_ itk 1r data-as-
RqUiFed h@F@iR, the C-OHAGil ShAll thAPS &l , the final plat en tkeir- Rext available age
for raensideFmoen at a regular- meeting held net less than thirty (30) days after the date of
submi.ul Cftr- vcmpleted n..bm
1. Appmval. T- z
heti -the prelknin=j p t appr-e} 2 � j he gemmission. if said plat eqn9aFms to the
,iJ CW) ?sem
appre�r�lI r f :.'i r plat.
s V. ap^,Axial and reeepding 6'."z- fma�e
Geen:,l NIAl u2apt the dedieakens shown themea andX11, mr c ��ir
cir--tkNub
lay -
in a.-,wr4a&22 wi+k StmdaFd
L To -x- p4ete the -aeeepta u i of way dedioation ef land, the ewner- shall
o *lc'..kv Cittj,
t. Tka Ci7j will NNvd t e deed with the County RecordeF.
e. The r,...nei4 ,I,a ..,y'a rlmn fir/Jirss afe consistent _with the pr,,.,:sions
Delude:
SECTION 16: AMENDMENT "10.05.020 List Of Required Improvements" of
the Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.04.030 Required 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, must comply with the 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 Drawings and Specifications. The following will need to be in compliance
with the adopted Standard Drawings and Specifications of the City. The following
improvements shall also be approved for individual subdivisions by the City Engineer.
1. Pedestrian ways
2. Public Sites, Open Spaces, and Natural Features
3. Water Systems
4. Fire Hydrants
5. Wastewater Systems
6. Storm Water Disposal
7. Monuments
8. Curb, gutter, and street improvements
9. Street signage
10. Street lighting
SECTION 17: REPEAL "10.03.050 Final Plat Data" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
1. Title. A We whish ifieludes the name of the stibdivi-sien and its leealieft by
2. Land SuFveyoF. Name, address, and e f:, al sea! efthe gisto edprofess al
lana r.,,.,,e.,,,....epar-ing the plat. 6Wa e Cede sn 1409i
3. Seale, north aFfew /7.l to Gede 50 1304), and date of the pat p mfie.,
. srr kz .
C- Easements. All easements for- Fights of way pr-evided feF publie services OF utilities and
&. 16osq & Bleelts. All lots mid bleekq shall be numbered throughout the plat in neeeFdaftee
.-kEin, c*Wt1»,,,a%4 64}Tr''�, 7%/` , WeFed; OF named and
men ;tend.
>dimeffiiens, , r-Aii, W ,and Gentm! angles of
SECTION 18: AMENDMENT "10.05.090 Street Standards" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
10.03.070 Street Standards
All 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 with
approval of the City Engineer and in compliance with the approved typical roadway sections.
A. Intersections and Alignments (See subsection 10.03.090.)
1. Prohibited Streets. Streets with centerline offsets of less than one hundred
twenty-five (125') feet are prohibited without City Engineer prior approval.
2. Avoid These Intersections. Street intersections with more than four (4) legs and
Y -type intersections where legs meet at acute angles shall be avoided.
3. Right 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 (851) degrees.
4. Connecting 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. Between Reverse Curves. A tangent at least one hundred fifty (150') to two
hundred (200') feet long shall be provided between 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 within two (2) years of acceptance.
1. Bond or Security. The developer shall file with the city a bond or other
acceptable security to provide payment of the seal coating.
2. City Seal Coating Project. Arrangements may be made to have the seal coating
incorporated within a city seal coating project if coordination and payment
arrangements are made with the City Engineering Department prior to bidding the
seal coating project.
C. Paving. Paving must comply with approved city typical street sections.
1. Alternate paving sections will be considered if substantiated by an in depth
engineering analysis by an Idaho professional engineer.
D. Right-of-way & Number of Moving Lanes. For right-of-way width and number of
moving lanes, see current Engineering Standards, as specified by IDAPA 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 Control 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.
SECTION 19: AMENDMENT "10.5 REQUIRED IMPROVEMENTS" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.4 Infrastructure Plans
SECTION 20: AMENDMENT "10.04.020 Responsibility Of Sub -Divider" of
the Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.04.020 Responsibility Of Sub-Divider(Amended)
A. Sub -Divider Responsibility. All required improvements such as streets, seal coating,
alleys, utilities, street lighting, drainage, easements, and other facilities which 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.
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: AMENDMENT "10.05.050 Water And Wastewater (Sewer)" of
the Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.04.040 Water, Wastewater, Storm, Irrigation
A. Approval Process.
1. Engineer Designed. All system designs are to be completed by an Idaho
registered Engineer.
2. Design and Installation. All water system and sewer system design and
installation is to be done in accordance to the requirements of the Idaho
Department of Environmental Quality (D.E.Q.) and adopted City Engineering
Standards.
3. Plans for proper and adequate provisions including type, extent, location, and
capacity of facilities shall be made for disposal of wastewater, water, supply, and
storm water shall be approved for individual subdivisions by the City Engineer.
B. Culinary Water Service. Proper and adequate provision shall be made for culinary water
service to each lot.
I . 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. Commercial Developments. The location and size of service lines for
commercial developments are to be approved by the City Engineer.
C. Wastewater 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 sewage facilities proposed including pipe size, manhole location, pipe
slope and information on any required pump stations.
2. Wastewater. Wastewater pipelines are to be located per current City Engineering
Standards. Exceptions with 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 water system
proposed and how storm water will be disposed of with supporting calculations.
2. Topography. Topography by contours or other method approved by the City
Engineer and shown on the same map as the Infrastructure Plan. Contour intervals
shall be such as to adequately reflect the character and drainage of the land. In
most cases, the contour interval will be two (2) feet.
3. Water Features and Wetlands. Location and extent of all water features and
known areas of wetlands, and the direction of their flow.
4. On -Site Detention. On-site detention will 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 water is to be retained and disposed of on-site.
5. Storm Drain System. Piped storm drain systems for city streets are to be installed
within the right-of-way and within the paved portion of the street section unless
otherwise approved by the City 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-way for
storage or conveyance to another portion of the parcel.
E. Required items B, C & D above shall consider and include Health Department and Soil
Conservation Service data and requirements, which 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 City and meet the requirements of this section.
2. Hydrants. A minimum ten (10') feet by ten (10') feet level area will be required
for all hydrants.
G. Profiles. Profiles of sanitary sewer, street drainage, drainage pre-treatment, storm water
detention and water distribution systems, showing 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 Rights 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: AMENDMENT "10.03.040 Proposed Utility Methods - Public
Works" of the Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.04.050 Streets Layout
A. Street Plans. The sub -divider shall show road widths, typical sections and pavement
structure and street system plans, including:
1. Central line profiles showing finished grades of all streets;
2. Cross sections of proposed streets showing widths of roadway, curbs, locations
and width of sidewalks and location and size of utility mains;
3. Street layout, including classification, location, width and proposed names of
public streets, alleys, pedestrian ways and easements; connections to adjoining
platted tracts shall also be shown.
4. Show right-of-way 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)
S. Show connections to adjoining platted tracts.
6. Curb and Gutter. Curb and gutter per current City Engineering Standards.
7. P.U.D. Only. The estimated cost of street, sewer, drainage and drainage pre-
treatment, storm water detention, water, and other public infrastructure
improvements within the planned unit development.
SECTION 23: AMENDMENT "10.05.080 Street Identification" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
10.04.060 Street Identification
SECTION 24: AMENDMENT "10.05.100 Street Intersections And Alignments"
of the Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.04.080 Typical Roadway Sections
SECTION 25: AMENDMENT "10.05.03 0 Pedestrian Ways" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
10.04.110 Pedestrian Ways
A. Location. Concrete sidewalks shall be provided on both sides of dedicated streets.
B. Setback All sidewalks are to be set back from the curb per current City Engineering
Standards and the area between the sidewalk and curb and gutter is to be
landscaped.
C. ADA. Sidewalks shall connect to cross walks at each intersection and shall meet the
requirement as defined for ADA accessibility.
b. Larger widths. Pedestrian ways with right-of-way widths of ten (10') feet or greater may
be required where essential for circulation or access to schools, playgrounds, shopping
centers, transportation and other community facilities.
E. Connectivity. Connectivity to main routes in town for bicycle and pedestrian connections
to main routes shall be included in the design of developments.
SECTION 26: RENUMBER "10.05.040 Public Sites, Open Spaces, And
Natural Features" of the Rexburg Development Code is hereby renumbered as follows:
RENUMBER
10.05.040 Public Sites. Open Spaces. And Natural Features
10.04.120 Public Sites, Open Spaces, And Natural Features
SECTION 27: AMENDMENT "10.3 DATA REQUIREMENTS" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.5 Plat Plan
SECTION 28: REPEAL "10.05.010 Responsibility Of Sub -Divider" of the
Rexburg Development Code is hereby repealed as follows:
REPEAL
10.05.010 Responsibility Of Sub Divide (Repealed)
easement , and ether- f6eilities whirah afe Fequir-ed as a eenditieft te plat appi:eval shall be the
NMI,-; feff the impfevements heFein Fequired shall be prepared by a Fegistered engineer- in the Ste
OCTA
SECTION 29: AMENDMENT "10.03.010 Preliminary Plat Data" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.05. 010 Plat Data
A. Form of Presentation. The following information is required as part of the Plat submitted
and shall be shown 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 AutoCAD 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 (V) inch
unless otherwise approved as to scale. The scale shall produce an overall
drawing measuring eighteen inches by twenty-seven (18"x 27") inches. (Idaho
Code 50-1304)
2. North Arrow (Idaho Code 50-1304), and Date of the Plat preparation.
3. Name and Location. Proposed name of subdivision and its location by section,
township, range and county. (Idaho Code 50-1304)
4. Dimensions. All 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 two (2) section corners or quarter section
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. Cardinal Point. Location and description of cardinal point to which all
dimensions, angles, bearing, and similar data on the plat shall be referenced.
8. Vicinity Map. Vicinity Map drawn to scale of i" equal 800', clearly showing
proposed subdivision's configuration in relationship to adjacent subdivisions, main
arterial routes, collector streets, etc.
C. Contact Information.
1. Sub -divider. Name, address, and phone number of sub -divider
2. Engineer or Land Surveyor. Name, address, and phone number of engineer or
land surveyor.
D. Listed Items
1. Zone. By note, the existing zoning classification of tract. (Idaho code 50-1304)
2. Acreage. By note, the acreage of the tract.
E. Lots & Blocks. 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.
F. Streets, Public Areas, and Permanent Structures. Location, widths and names of all
platted streets, railroads, utility right-of-way of public record, easements (Idaho Code 50-
1303), public areas, permanent structures to remain including water wells, and municipal
corporation lines within or adjacent to tract.
1. Easements. Show location, width and use of all easements for rights-of-way
provided for public services or utilities and any limitations of the easements.
(Idaho Code 50-1304)
2. Public Use Areas. Designation of all land to be dedicated or reserved for public
use with use indicated.
a. Future Acquisition. Where it is determined that a proposed park,
playground, school or other public use as shown on a future acquisition
map, as authorized in Idaho Code, is located in whole or in part within a
proposed subdivision, the Commission shall notify the appropriate public
agency concerning the land proposed to be acquired.
(1) Suspend Consideration. 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) No Agreement. 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
shal I be required to provide at least ten (10%) percent of the land for
public use at fair market rates at the time of development.
G. Adjacent Subdivisions or Surveys. Name and filing number of any recorded
adjacent subdivision or record of survey having common boundary with the tract.
H.Special Features. Appropriate information that sufficiently details the proposed
development within 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.
1. Zoning Classifications. If plat includes land for which 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: REPEAL "10.05.060 Storm Water" of the
Rexburg Development Code is hereby repealed & reenacted as follows:
REPEAL
mer -and adequate V,^_•nv9n shall b`�a feF a sa,I-of MeFm-watefs— The type,
gnoeer-
On Site Detention. On s-te detentien will be FequiFed in most l9eatiens. ht afeas WheFe it
•is fiet feasible te esennest :3 c�r mend existing ed storm water systems to new
development; all stwm w -tip in 1c !:� N ;,�1 a ef--siw.
Q DFainage Study. Oa develepments ever- -2.; aef:eq, a dr-ainage Study must b: §L%VeM�
etffaspeA,-
and System
D, Design & lastallation. Design and ii�tallation is to be cone in aeeor-danee with
Fequimments of the Gity Engineering Standar-ds.
SECTION 31: ADOPTION "10.04.090. Street Lighting" of the Rexburg
Development Code is hereby added as follows:
". DIX912HM830
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. Drawings. Record drawings are to be submitted to the City Engineer prior to the
governing utility connecting the street lights to power.
C. Street Light Wiring. All street -light wiring installed in the City of Rexburg right-of-way
shall be installed in electrical conduit according to the currently adopted National EIectrical
Code for direct burial.
1. Owned by City of Rexburg. This standard shall only apply to wiring that is
owned by or proposed to be owned by the City of Rexburg, including but not
limited to the wiring 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 with the requirements of the City of Rexburg and the governing
utility.
3. No Foreign Systems. No other foreign systems such as water piping or irrigation
shall be in the same conduit as power wiring.
4. New 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 (I ") inch to each pole light,
unless larger required by current National Electrical Code. No less than two (2")
inch size to feed more than fifty (50) feet between poles or junction boxes.
SECTION 32: AMENDMENT "10.05.070 Utility Locations" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
10.04.100 Utility Locations
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. Gas mains are to be located per current City Engineering Standards.
1. Exceptions — If the nearest utility is more than eight (8') feet deep and is
constructed with trench walls 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. Underground Electrical. All new and/or relocated electric lines are to be placed
underground per current City Engineering Standards.
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 power lines in the utility easement.
Exceptions — On major and minor arterial streets, a ten (10') feet wide easement
must be provided adjacent to and outside of the right-of-way and the underground
power lines will be installed in this easement.
SECTION 33: AMENDMENT "10.03.020 Existing Conditions Data" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.05.020 Certifications And Dedications
A. Land Surveyor. Name, address, and official seal of the registered professional land
surveyor preparing the plat. (Idaho Code 50-1309)
B. Drainage. All drainage ways to be dedicated to the public.
C. Dedications to the 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 34: RENUMBER "10.4 GRID COMPLIANCE" of the Rexburg
Development Code is hereby renumbered as follows:
RENUMBER
10.4 GRID COMPLIANCE
10.8 Grid Compliance
SECTION 35: ADOPTION "10.6 Additional Submittals" of the Rexburg
Development Code is hereby added as follows:
ADOPTION
10.6 Additional Submittals(Added)
SECTION 36: AMENDMENT "10.05.110 Traffic Studies" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
10.07.010 Traffic Studies - Infrastructure
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 when trip generation during the peak
hour is expected to exceed one hundred (100) vehicles.
2. Residential development with one hundred (100) or more dwelling units.
3. Annexation. For an application for annexation into the City.
4. Density. A new traffic study will 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 two (2) years old.
7. Pre -Application Conference.
a. Sufficient Information. If the City Engineer is provided sufficient
information to determine whether the trip generation/dwelling unit criteria
has been met, the applicant will be notified a traffic study will be required.
b. Insufficient Information. If insufficient information is available, but the
property appears to involve a sufficiently intense land use, the applicant
will 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 two (2) years old exists.
9. State Highway Access. For any change of use affecting State Highway Access
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 with adequate experience in
transportation planning.
3. City Engineer Review. All studies must be reviewed 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 between the City, the owner or developer and
his consultant in creating traffic characteristics that are in the best interest of the total
community.
D. Format. All 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 traffic and
AM/PM peaks).
2. Site Plan and Vicinity Map. A site plan that shows 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 Daily Traffic Counts. All total daily traffic counts should be actual machine
counts and not based on factored peak hour sampling.
5. Possible Use of ITD Counts. Latest available machine count from the Idaho
Transportation Department (ITD) and other agencies may be acceptable if taken
within a reasonable time period.
6. Accepted Traffic Patterns. All traffic shall be assigned to existing and planned
facilities in a manner consistent to the accepted traffic patterns and approved by
the City Engineer.
E. Critical Lane Capacity Analysis. A critical lane capacity analysis should be conducted
for all major driveways that intersect local, collector, or arterial streets, and all adjacent
local, collector, and arterial intersections.
I . 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 will be estimated, using one of the following:
1. Existing traffic volume counts
2. Peak hour trip generation rates as published in the ITE Trip Generation 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 will less than level of service D be accepted for site and non -site traffic. The
design year will be approximately 20 years following construction or build out.
H. Reciprocal Parking. Traffic studies for planning applications where 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 by
the City 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 Accidents. 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 Counts_ All traffic count data (including hourly ADT and peak hour turning
movements) and analysis worksheets should be provided in the appendices.
L. Trip Assignment. Non -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 Appropriate. 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 Rates. Trip generation shall be calculated from the Iatest data contained
within the Institute of Transportation Engineers.
O. Traffic Signals. Traffic progression is of paramount importance.
1. All potential signalized intersections should be planned for 0.5 mile intervals.
2. All other locations to be considered shall meet the following criteria:
a. Submittal of a time space diagram with 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: AMENDMENT "10.05.020 Drainage Calculations" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.07.020 Drainage Calculations - Infrastructure(Amended)
Drainage Calculations. On developments over 2.5 acres, a drainage study must be completed
by an Idaho Registered Engineer to determine storm water run-off volumes, transport times, and
system design.
SECTION 38: AMENDMENT "Additional Submittal - Landscape Plan" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.07.030 Landscape Plan - Plat(Amended)
Landscape Plans. Detailed landscaping plans shall be submitted with the Plat 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.
SECTION 39: ADOPTION "10.06.040 Covenants, Conditions And Regulations
- Plat" of the Rexburg Development Code is hereby added as follows:
ADOPTION
10.07.040 Covenants, Conditions And Regulations - Plat(Added)
Covenants, Conditions and Regulations (CCR's) shall be submitted with the Plat.
SECTION 40: AMENDMENT "10.02.100 Short Plat" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
10.6 Short Plat
The process for a Short Plat will be the same as for a Plat as listed in Section 10.5 with the
exception of application, Commission action, and Council action. City of Rexburg Staff will take
the place of both the Planning and Zoning Commission and the City Council.
A. Conditions. A Short Plat may be requested when all of the following conditions are met:
1. The proposed subdivision does not exceed five (5) buildable lots
2. No right-of-way dedication is necessary as required by City Codes and
Ordinances unless otherwise approved by the City Engineer.
3. Public improvements, street widening or infrastructure improvements have been
approved by the City Engineer
4. No impacts on the health, safety or general welfare of the City of Rexburg
5. The subdivision is in the best interest of the City of Rexburg
B. Administratively Reviewed by Stafif. The Zoning Administrator shall review said plans
and data as submitted and within ten (10) working 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 followed by
the Zoning Administrator in the implementation of the Development Code.
SECTION 41: RENUMBER "10.04.010 BIocks" of the Rexburg Development
Code is hereby renumbered as follows:
RENUMBER
10.04.010 Blocks
10.08.010 Blocks
SECTION 42: RENUMBER "10.04.020 Lots" of the Rexburg Development
Code is hereby renumbered as follows:
RENUMBER
10.04.020 Lots
10.08.020 Lots
SECTION 43: RENUMBER "10.04.030 Survey Markers" of the Rexburg
Development Code is hereby renumbered as follows:
RENUMBER
10.04.030 Survev Markers
10.08.030 Survey Markers
SECTION 44: RENUMBER "10.04.040 Street Names" of the Rexburg
Development Code is hereby renumbered as follows:
RENUMBER
10.04.040 Street Names
10.08.040 Street Names
SECTION 45: RENUMBER "10.04.050 Addressing" of the Rexburg
Development Code is hereby renumbered as follows:
RENUMBER
10.04.050 Addressing
10.08.050 Addressing
SECTION 46: AMENDMENT "10.6 SPECIAL DEVELOPMENTS" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.9 Special Developments
SECTION 47: AMENDMENT "10.06.010 Condominium" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
10.09.010 Condominium
SECTION 48: AMENDMENT "10.06.020 Subdivision Within A Floodplain" of
the Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.09.020 Subdivision Within A Floodplain
SECTION 49: AMENDMENT "10.06,030 Subdivision For A Cemetery" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.09.030 Subdivision For A Cemetery
SECTION 50: AMENDMENT "10.06.040 Areas Of Critical Concern" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
10.09.040 Areas Of Critical Concern
SECTION 52: REPEALER CLAUSE Providing for other substantive and non -
substantive changes in the Development Code as recommended and approved by the Planning and
Zoning Commission of the City of Rexburg, Idaho. Furthermore, any portion of the existing
Development Code in conflict with this proposed amendment is hereby repealed.
SECTION 53: SEVERABILITY CLAUSE The provisions of this Ordinance
shall be deemed severable and a finding by a court of law that a provision of the Ordinance is
unlawfnd shall have no effect on the remaining provisions.
SECTION 54: EFFECTIVE DATE The City of Rexburg„ Idaho City Council shall
enact this Ordinance (#20-00715) amending Ordinance 1200 otherwise known as the Development
Code of the City of Rexburg, Idaho upon its passage, approval and publication; and shall be in full
force and effect from November 18, 2020 and after the required approval and publication according
to law.
PASSED AND ADOPTED BY THE CITY OF REXBURG COUNCIL NOVEMBER 18,
2020,
Council President Jordan Busby
Councilmember Brad Wolfe
Councilmember Tisha Flora
Councilmember Christopher Mann
Councilmember Mikel Walker
Councilmember Bryanna Johnson
Presiding Officer
Jerry L Merrill, Rexburg Mayor, City
of Rexburg
PRPOR.4
y4i,9. OF
AYE NAY ABSENT ABSTAIN
X
X
X
X
X
►:4
Attest
Deborah Lovejoy, Rexburg City Clerk
City of Rexburg