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. - · . ORDII-!Ai'lCE I-:0. 1035 Al'l ORDIUANCE TO REGULATE THE PLATTING, AND RECORDING OF SUBDIVISI.Q'\IS OF LAND Irȯ !1IOSCON AND ONE MILE QJTSIDE THE CITY LIMITS OF MOSCCW, IDAHO; PRo VIDING GENERAL REQUIREIY1ENTS, METHOD OF APPEALS, ISSU.AliCE OF PERMITS, AND FOR PENAL·,·rES; PROVIDING FOR REPEAL OF ALL ORDHJANCES n;coNSISl'EȰT VITTI-! THIS ORDIIJANCE; PROVIDING FOR A SEVERAiiCE AND SAVINGS CLAUSE; AND FOR EFFECTIVE DATE OF THIS ORDINANCE. SE IT ORDAINED bY THE MAYOR Al'!D CaJNCIL OF THE CITY OF r'iOSCOW, IDAHO: That, from the effective date of this ordinance, no person shall subdivide or replat any tract of land which is located wholly or in part in the City of Moscow, Idaho, or adjoining the City Limits of Moscow, Idaho, nor shall any person sell, exchange or offer for sale, or purchase or offer to pur- chase, any parcel of land which is any part of a subdivision of a larger tract of land, nor shall any person offer for recording any deed conveying such a parcel of land, or any interest therein, unless he shall first have made, or caused to have made, a plat thereof; which plat shall be recorded with the Recorder of Latah County, Idaho before, or at the time such sale, exchange, or purchase, is effected and shall be in accordance with all of the following requirements of this ordinance. SECTIOi\l 1. DEFiiHTION: .i.he word "subdivision" as used in this ordinance is hereby defined as the division of a developed or undeveloped tract, laid out or to be laid out in building lots, which may or may not include streets, highways, alleys, or other portions of the same intended to be dedicated to public use. This definition of a subdivision shall not include a bona fide division or partition of agricultural land for other than development purposes Nor shall this ordinance apply to the sale or conveyance of any parcel of land which may be shown as one of the lots of a subdivision of which a plat has heretofore been recorded in the land records of Latah County, Idaho. SECTIO'J 2. APPROVAL OF PLAT: lȱo plat shall be recorded, or offered for record, nor shall any land be offered for sale with reference to such plat, until the said plat has been approved in writing by the Planning Commission and the City Council of the City of i>1oscow, Idaho, which shall ascertain, be- fore approving it, that the said plat has satisfied all of the requirements of this ordinance. ---PAGE BREAK--- : . · . . - . SECriOi\ 3. APPEALS: Any aggrieved person whose plat or parcel of land has been rejected or disapproved by the ?lanning Commission may peti- tion the Moscow City Council for a hearing. . SECTICl-! 4. PER!'IJI!S: !·lo permits shall be issued by any administrative officer of the City for the construction of any building , or other improvement requiring a permit, upon any land for which a plat is required by this ordinance unless and until the requirements hereof shall have been complied with. SECTICN 5. PE11lALTY: Any person, firm or corporation violating any regulation of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than One Ilundred Dollars ($100. 00) . Each and every day during which the violation continues shall be deemed a separate offense. SECriW 6. GEilERAL REQUIREMEi·J.l.·s: The following shall be considered minimum requirements and shall apply except when specifically permitted to deviate by the Planning Commission. PROPERTY LH-!ES: Blocks shall not be longer than six hundred sixty (660) feet between street intersections, unless, because of some peculiar conditions, a longer block shall be approved by the Planning Commission. Side lines of lots shall be Ȯright angles or radial to the street lines, unless a variation from the rule will give a better street and lot plan. Such variation must be approved by the Planning Commission. Lots with double frontage shall be avoided where practicable. Building setback lines, if shown, shall show a building setback not less than that required by the Zoning Ordinance of the City. Monuments at lot corners, block corners, points of street inter- sections, and such other points as may be necessary to make the retracing of the lines as shown on the final plat reasonably convenient, shall be in conformity with 'dtle 50, Chapter 25 of the Idaho Code and the standards of the City of r.ioscow. STREEl'S AI·.D ALLEiS. All subdivision streets shall conform to the highway plan for the City, both as to location and width. 1he minimum width of right-of-way for streets shall be fifty (50) feet except that, in cases where the topography or special conditions make a street of less width more practical, the Planning Commission may modify the above requ ir emen ts. . ( ---PAGE BREAK--- The arrangement of streets in new subdivisions shall make reasonable provision for the continuation of the principal existing streets in adjoining subdivisions, or their proper projections when adjoining property is not sub divided. Insofar as they may be necessary for public requirements, reasonable provisions shall be made for new streets of a width deemed advisable by the Planning Commission. In general, such streets shall be at least as wide as the existing streets, except that in no case shall the width of right-of-way be less than the minimum specified in the above paragraph. The street and alley arrangement must also be such as to cause no hardship to owners of adjoin ins property whe1 they pla L their laod at1d seek to provide for coåweilient access -t:hereto. This arrangemer.t must also provide for continuing a reasonable number of through utility lines. Dead-end streets shall have a turn-around at the end with a minimum radius of forty-five (45) feet right-of-way unless the street is intended for access, in the future, to adjoining property. Reserve strips on outer boundaries of a subdivision may be established to control access to a partial width street, upon approval of the Planning Commission and provided that such subdivision be accompanied by agreement to dedicate such strip or strips when sufficient ground is made available for public use to permit widening of said strip to its normal width. iæo other reserve strips controlling access to public ways shall be permitted, except when the control and disposition of land comprising such strips are placed within the jurisdiction of the City under conditions specified by the Planning Commission and attached to the plat. Streets shall intersect each other as near as practicable to right angles. Street names shall be approved by the Plan:1ing Commission to conform with the uniform plan for street names heretofore or hereafter adopted by the City. All streets and alleys shall be completed to the grades which have been officially approved or determined, or shown upon approved plans and profiles • The minimum width of any dedicated alley shall be twenty (20) feet. Alleys may be required in all blocks where the lots are less than fifty (50) feet in width, along the rear line of business property, and in the rear of 'I ---PAGE BREAK--- all lots fronting major thoroughfares. Where alleys are not provided, easements of not less than ten (10) feet in width shall be provided on each side of all rear lot lines and side lines where necessary, for poles, wires, conduits, storm or sanitary sewers, gas and water lines. Easements of sreater width may be required along lines across lots or along boundaries where necessary for surface overflow or for the extension of maL1 sewers or other utilities. L o irrigation di tcbes shall be permitted on public roads except where acquired by vested rights or where crossing public roads. LAND REQUIRED f,JR OTHER PUBLIC PyRPOSES. Land required for public purposes other than for streets, alleys, or utilities may be dedicated to the City if approved and accepted by the City Council. UTILITIES> All water mains, valves, hydrants and connections to the City water distribution system, all sewer mains, manholes, appurtenances and connections to the City sewerage system, including all storm sewers, inlets, appurtenances, and connections, if necessary, shall be provided and installed by the subdivider. These installations shall all be in accordance with the standards and specifications of the City. STREETS AbD ALLEYS. All streets shall have Portland Cement concrete curb or curb and gutter in accordance with the standards and specifications of the City. All streets and alleys shall be excavated to grades established by the City and a minimum of six inches of compacted crushed rock base material placed on the streets and alleys. Alleys when paved shall be paved full width with center line drainage. All pavements, curb, subbase, and base shall be constructed in accordance with the City of Moscow specifications and standards and all costs of such improve ments shall be borne by the subdivider. SECTIOl\l 7. ACREAGE SUBDIVISIG\l: When a parcel is subdivided into larger tracts than required for individual building lots, such parcel shall be divided so as to allow for the opening of major streets and the ultimate extension of minor streets. SECfiCX< 8. PROPERTY WITHii: 01-iE ii!ILE OF CITY LH.UTS: Property within one mile of the city limits of Moscow when subdivided, platted, or replatted shall be done as required in Chapter 25, Title 50 of the Idaho Code. ---PAGE BREAK--- SECTIO'J 9. PRELIMINARY PLATS: In seeking to subdivide land into building lots and to dedicate streets, alleys, or other land for public use, the owner or owners shall submit two copies of a preliminary plat (which plat may be in pencil) , so marked, to the Planning Commission for its approval, be fore submitting the final plat. ·l·he preliminary plat shall be submitted within five days before the Planning Commission meeting date. The Planning Commission shall act on the application within forty-five (45) days. The preliminary plat shall be drawn to a scale not smaller than one inch (111) to two hundred feet (200') and shall show: a. Existing property lines, streets, and alleys with their names, buildings, water courses, other features, and section corners. b. The title under which the proposed subdivision is to be recorded, where possible, and the name of the proprietor or subdivider. c. J.'he location of existing sewer and water lines and other utilities. d. Date, north point, scale and name of surveyor or engineer. e. lhe names of all adjoining subdivisions with lines of abutting lots, the owners and departing property lines of adjoining properties not subdivided, and the locations, names and widths of existing streets and alleys and similar facts regarding property which is immediately adjacent. 'fhe Planning Commission may require a contour map showing contour intervals consistent with the shape of the ground. Preliminary plats will be cbeck§d for: a. Conformity to the highway plan of the City and of the State. b. Conformity to the probable development of adjacent properties. c. Conformity to the existing street system of the City. d. Lot size and arrangement. e. Necessary public utility easements. f. Proposed protective covenants. g. Conformity to the existing zoning regulations. h. Availability of water and sewage facilities. )·;ames of all proposed streets and alleys rust be approved by the City Planning Commission. ---PAGE BREAK--- One copy of the approved preliminary plat will be kept on file for public examination and the other returned to the owner. Such approval of the preliminary plat shall be valid for a period of sixty (60) days only. SECriOrl 10. FINAL PLAT: The final plat including the legal description of the exterior boundaries of the subdivision must be prepared in accordance with Title 50, Chapter 25 of the Idaho Code. 'fhe original tracing together with four prints shall be submitted to the City Planning Commission for its approval at least two days before the commission meeting. If approved, the tracing and prints shall have endorsed thereon the approval of the City Planning Commission, and the acceptance of the City Council. Of the prints, so endorsed, one copy shall be retained by the Planning Commission; one copy shall be delivered to the City Council; and two copies shall be returned to the subdivider along with the original tracing. Approval of the Planning Commission shall be void unless the original tracing, bearing the endorsements of the City Engineer and the City Council, is offered to the County Clerk and Recorder for filing within ninety (90) days from the date of the Planning Commission's approval. The final plat shall be checked for conformity with the approved preliminary plat, and shall show: a. ȭ·he boundaries of the property, the names and widths of all proposed streets and alleys and the boundaries of all other portions intended to be dedicated to the public use. b. 7he exact length and bearing of the center lines of all streets and the exterior boundary of the plat. c. 'fhe angle of departure of adjoining property, street and alley lines. d. Vlidths and names of abutting streets and alleys, the names and boundaries of all subdivisions which have been previously recorded, and adjacent thereto, must be shown upon the plat offered for record, in dotted lines, to show their relationship to the subdivision offered for record; if adjoining land is unplatted show same as such. e. All lot areas and symbols for all lots and blocks. All . , , ---PAGE BREAK--- . · . . lots a11d blocks must be :!Umbered separately. f. All dimensions, both linear and angular, for locating boundaries of subdivisions, lots, streets, alleys, public easements and private easements. ·1·he linear dimensions shall be expressed by bearings. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. ·l·he description and location of all monuments shall be shown. All dimensions, both linear and angular are to be determined by an accurate control survey in the field which must balance and close within a limit of one in four thousand 000). t·lo plat showing minus or plus distances will be approved. :·he State law requires the County to check the plat and the owner to pay a fee not to exceed Twenty-five Dollars ($25.00) for such service. g. A definite tie between not less than two prominent points on the exterior boundary of the subdivision and the triangulation system of the county as established by the United States Government and supplemented by the county, either by bearing and distance or by rectangular coordinate. The said tie may be made to a line of a county plat, or a plat of a neighboring subdivision which conforms to the above requirements. h. :·he title under which the subdivision is to be recorded, with the name of the engineer or surveyor platting the tract. The engineer or surveyor shall in every case have a certificate from the Idaho State Board of Engineering Examiners. The name and title of the subdivision shall not duplicate the name of any existing subdivision. i. Date, :;orth point, scale. Profiles to a scale of fifty (50) feet horizontal and five feet vertical may be required of streets and alleys where the contour of the surface makes it advisable. SECriC< 11. REPEAL: All ordinances or p arts of ordinances incon sistent with the provisions of this ordinance, be, and the same are, hereby repealed. SECTio-.; 12. SEPARAbiLITY: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitu tional, such holding shall not affect the validity of the remaining portion of the ordinance. The City Council hereby declares that it would have passed ---PAGE BREAK--- this ordinance, and each section, subsection, sentence, clause and phrase thereof separately and irrespective of the fact -Lhat any one or more of the sections, subsections, sentences, clauses or phrases be unconstitutional. SECTICl 13. Eli:EC"i"IVE DATE; !his ordina;1ce shall be in full force and effect from and after the date of its passage, approval and first publication thereof. Adopted this City Clerk 1st. reading - August 28, 1961 2nd. reading - September 5, 1961 3rd. reaming and passed - September 11, 1961 Published - September 23, 1961 h·iayor . .