11.  SUBDIVISIONS

11.1.                    Applicability: Except where exempt at 11.2, below, a development permit authorizing subdivision will be obtained prior to the partition of any lot or parcel within the jurisdiction of Boundary County.

11.2.                    Exemptions: Provisions of this section do not apply when all new parcels created are not platted and equal or exceed 20 acres or one-thirty-second aliquot portion of a section in size, nor will these provisions or minimum parcel size requirements apply when:

11.2.1.  Parcels are created for lease solely for the purpose of agricultural or silvicultural production and harvest.

11.2.2.  Parcels are created for mineral, oil or gas leases.

11.2.3.  Parcels are created for the placement of government services, public utilities or rights-of-way.

11.2.4.  Parcels are divided for the sole purpose of burial or interment within an approved cemetery.

11.2.5.  Parcels are established through testamentary provisions or the laws of descent, provided documentation is provided the administrator so as to identify parcels so created.

11.2.6.  Divisions of land ordered by a court of competent authority in Boundary County, provided documentation is provided the administrator so as to identify parcels so created.

11.2.7.  Division of a single portion of a parcel for the sole purpose of obtaining financing, provided the portion encumbered and the remainder remain under single ownership and that both parcels so created consolidate again into a single parcel upon satisfaction of the debt; or, in the event of foreclosure, documentation from the lender be provided the administrator so as to identify parcels so created.

11.3.                    Classes of Subdivisions:

11.3.1.  Clustered Subdivision: Subdivisions approved by long plat, intended primarily for residential development, that do not increase the overall net development density of the zone district in which they lie, but in which lots to be developed are grouped together and a lot or lots set aside and restricted from development regulated by Boundary County. Standards for development depend on the size lots proposed and are further defined in succeeding subdivision types. In a clustered subdivision, the following additional standards apply:

11.3.1.1.        Where both community water and sewer service are available, no lot created will be less than ¼ acre in size.

11.3.1.2.        Where either community water service or sewer service are available, but not both, no lot created will be less than one acre in size.

11.3.1.3.        Where neither community water service or sewer service are available, no lot created will be less than 2 ½ acres in size.

11.3.1.4.        No buildable lot lies within an unnumbered A flood zone as identified by the National Flood Insurance Program, or within an identified wetland.

11.3.1.5.        To qualify as a restricted lot, the lot or lots so set aside will be used to accomplish one or a combination of the following, as depicted by plat or CCRs:

11.3.1.5.1.  Greenbelt, open space or buffer zone.

11.3.1.5.2.  Critical area protection.

11.3.1.5.3.  Agricultural or silvicultural production and harvest.

11.3.1.5.4.  Common outdoor recreation area, such as but not limited to hiking, hunting, fishing, equestrian, skiing, or playgrounds.

11.3.2.  Commercial/Industrial Subdivision: Subdivisions approved by long plat intended primarily for commercial or industrial development in accordance with zone district standards within the rural community/commercial, commercial/light industrial or industrial zone districts. In commercial/industrial subdivisions, the following standards apply:

11.3.2.1.        All lots created are served by roads built and surfaced to standards established by the current Boundary County Road Standards Manual.

11.3.2.2.        All lots created are served by installed electricity and water connections.

11.3.2.3.        All lots created are or can be served by sewer or private septic system.

11.3.3.  Lot Line Adjustment: As defined at Section 2.28, processed by short plat.

11.3.4.  Mixed Use Subdivision: Subdivisions approved by long plat and intended to provide a combination of residential and commercial uses so as to provide goods, services and economic opportunity to complement residential development in those zones where commercial or light industrial uses are conditionally allowed. Standards for development depend on the size lots proposed and further standards are defined in other subdivision types, and applications will demonstrate the concept, types of use and any limitations thereon.

11.3.5.  Primitive Subdivision: Subdivision by short plat to create subdivisions primarily intended for residential development, or where each lot meets or exceeds the standard net development density of the zone district in which it lies, but are not less than five acres, and which make limited or no provision for the construction or installation of basic utilities, to include roads, water, septic or electrical service. Primitive subdivisions will accurately disclose the level of services or lack thereof on the face of the plat, and each lot so created will have, at minimum, defined access and easements meeting width requirements established by the current Boundary County Road Standards Manual from an existing public road.

11.3.6.  Rural Subdivision: Subdivision by short plat to create lots primarily intended for residential development where each lot meets or exceeds the standard net development density of the zone district in which it lies and where no lot created is less than 2 ½ acres in size. In a rural subdivision, the following development standards apply:

11.3.6.1.        Roads intended for adoption by Boundary County shall be built and surfaced to standards established by the current Boundary County Road Standards Manual serve all lots created. Where roads are to remain under private ownership and maintenance, the subdivision created shall be served by defined access and utility easements to an existing public road, to meet width and slope requirements established by the current Boundary County Road Standards Manual, and all lots shall be served by roads surfaced to a standard sufficient to allow all-weather access by emergency vehicles, actual surface not withstanding. Where four or fewer lots are proposed, road width and slope requirements may be waived.

11.3.6.2.        Each lot created is or can be served by a water district association, approved community water system or by private well.

11.3.6.3.        Each lot created is or can be served by sewer or private septic system.

11.3.6.4.        Each lot is or can be served by an electrical utility.

11.3.7.  Simple Subdivision: An unplatted subdivision creating five or fewer parcels, each meeting or exceeding the standard net development density in the zone district in which it lies and each parcel having approved driveway approach from a county road or state highway. In the event a simple subdivision is approved and subsequent application is made by the same owner for further subdividing the original parcel, platting will be required, to include any unsold parcels previously divided by simple subdivision.

11.3.8.  Urban Subdivision: Subdivision by long plat to create lots primarily intended for residential development in which any lot proposed is less than 2 ½ acres in size. In an urban subdivision, the following standards apply:

11.3.8.1.        Roads intended for adoption by Boundary County shall be built and surfaced to standards established by the current Boundary County Road Standards Manual serve all lots created. Where roads are to remain under private ownership and maintenance, the subdivision created shall be served by defined access and utility easements to an existing public road, to meet width and slope requirements established by the current Boundary County Road Standards Manual, and all lots shall be served by roads surfaced to a standard sufficient to allow all-weather access by emergency vehicles, actual surface notwithstanding. Where four or fewer lots are proposed, road width and slope requirements may be waived.

11.3.8.2.        Electrical service sufficient for residential use is brought to each lot.

11.3.8.3.        Each lot is or can be served by a water district or association or by private well.

11.3.8.4.        A sewer or an installed septic system serves each lot.

11.4.                    Administration: Simple Subdivision:

11.4.1.  Applicant: Applications for simple subdivisions will be made on forms provided by the administrator, and shall include the names of all with ownership interest in the property to be divided, to include holders of liens, and bear the signatures of all parties holding ownership interest indicating approval of the partition of the property. Applications will include either a copy of record of survey or the legal descriptions of each parcel proposed and a site sketch sufficient to accurately depict the dimensions of each parcel and their size, in acres, and any legal easements or rights of way encumbering the parcel to be divided. Applications will also be signed by authorized representative of the Boundary County Treasurer indicating that property taxes are current or that sufficient arrangements have been made, and by authorized representative of Road and Bridge or the ITD approving driveway access to each parcel created.

11.4.2.  Administrator: Upon receipt of a completed application for simple subdivision, the administrator will provide copies to all interested county departments, to include the assessor’s office

11.4.3.  Consideration: In considering an application for simple subdivision, the administrator will consider the following:

11.4.3.1.        Whether the application meets the requirements established herein.

11.4.3.2.        Whether the application meets the requirements of County Road and Bridge or the ITD for driveway access.

11.4.3.3.        Whether concerns raised by affected county departments have been met.

11.4.4.  Decision: After considering an application for simple subdivision the administrator may:

11.4.4.1.        Approve: Approve the application, issuing a certificate of compliance.

11.4.4.2.        Deny: Deny the application for cause, advising the applicant in writing the reason for denial, steps which may be taken to gain approval and right to appeal.

11.5.                    Applications for Platted Subdivision: It is the responsibility of the applicant, based on the specific provisions of the zone district in which the subdivision is proposed, to provide sufficient information and data so as to convince the deciding body that the specific proposal is or can be made compatible with zone district requirements, that sufficient public services are or can be made available to accommodate the proposed subdivision and that subdivision standards are met. Applications for platted subdivisions or lot line adjustments will be made on forms provided by the administrator and include all ownership interest in the property to be divided, to include holders of liens, and bear the signatures of all parties holding an ownership interest in the property being divided indicating approval for platting. In addition, applications shall include:

11.5.1.  One (1) copy of the full-sized preliminary plat and attachments, plus sufficient copies rendered on paper not to exceed 11x17 inches in size to allow for public hearing, as determined by the administrator.

11.5.2.  Preliminary copy of proposed CC&Rs, if any.

11.5.3.  Additional documentation, charts, maps or drawings so as to convey the scope and design standards of the proposed subdivision, as determined by the applicant.

11.6.                    Preliminary Plat Requirements: Preliminary plats submitted for consideration of establishing a platted subdivision shall be drawn to a scale of not less than one (1) inch to two hundred (200) feet, and shall include a north point and graphic scale. The map will, at minimum:

11.6.1.  Provide the proposed name of the subdivision, so as not to duplicate any name currently in use.

11.6.2.  Accurately describe and propose names, as approved by County GIS Mapping, for all streets, alleys and other routes of access, with widths, courses and grades clearly shown.

11.6.3.  The names of any special purpose districts serving the area where the subdivision is to be proposed or which are anticipated to serve the proposed subdivision, including but not limited to school districts, water and sewer districts, fire districts and irrigation districts.

11.6.4.  The profile of each street, road or alley intended for dedication or conveyance to Boundary County, showing tentative grades and cross sections showing widths of roads, culverts, ditches, sidewalks and other features as applicable. All roads proposed for dedication or conveyance shall be designed, constructed and surfaced to standards established in the current Boundary County Road Standards Manual, and approved by Boundary County Road and Bridge prior to acceptance.

11.6.5.  The location of important infrastructure features within or adjacent to the proposed subdivision, including but not limited to railroad lines, existing roads and easements, existing sanitary sewers, wells, water lines, utility easements, private easements, irrigation or drainage structures, storm drains or storm water control improvements, culverts, electrical lines, telephone lines, etc., and include the name of each company, utility district or individual providing easement or service.

11.6.6.  The location and nature of important topographical features within or adjacent to the proposed subdivision, including but not limited to water courses, riparian areas, wetlands, special or hazardous areas, and public parks, traditional recreation areas, greenbelts or open spaces.

11.6.7.  Define all lots proposed, including lots to be restricted, numbered consecutively by lot and/or block, showing the exterior boundaries by distance and bearing and including the actual size, in acreage, of each lot proposed.

11.6.8.  Include inset or separate sheet depicting the general characteristics of the area in which the subdivision is proposed, to include adjacent or nearby platted subdivisions.

11.6.9.  Include inset or separate sheet depicting the general topography of the ground proposed for platting.

11.7.                    Administration, Platted Subdivision:

11.7.1.  Lot Line Adjustment/Short Plat Subdivision:

11.7.1.1.        Applicant: Applications for lot line adjustments or short plat subdivisions will be made on forms provided by the administrator and will include preliminary plat as established at 12.6, above.

11.7.1.2.        Administrator: Upon receipt of a completed application for lot line adjustment or short plat, the administrator will provide copies of the application and preliminary plat to the County Assessor, Treasurer, Road and Bridge, GIS Mapping, and Weeds Department and schedule public hearing on the next available agenda of the board of county commissioners, allowing time for public notification. At least one week prior to the date of the hearing, the administrator will provide each member of the board of county commissioners copies of the application, the preliminary plat and any written public comment received, along with a staff analysis, which will at minimum provide:

11.7.1.2.1.  A summary of the development proposed, including the type subdivision.

11.7.1.2.2.  The specifics of the site on which platting is proposed, including parcel number(s), parcel size, zone district designation, surrounding zone district designations and surrounding land uses.

11.7.1.2.3.  Overlay zones, hazardous areas or special sites affected by the application.

11.7.1.2.4.  Other agency approvals that might be required prior to the onset of development.

11.7.1.2.5.  Comprehensive plan considerations.

11.7.1.2.6.  A listing of applicable provisions of this ordinance, including standards.

11.7.1.3.        Board of County Commissioners: At the conclusion of public hearing and based on materials included in the application, the staff analysis and comment received through public hearing, the board of county commissioners will hold discussion to reach a reasoned decision and consider terms or conditions sufficient to allow the administrator to prepare written findings and decision.

11.7.1.4.        Considerations: When considering an application for lot line adjustment or short plat, the board of county commissioners should determine, at minimum:

11.7.1.4.1.  Whether the proposed plat is in accord with applicable provisions of this ordinance.

11.7.1.4.2.  Whether adequate public services are or can be made available.

11.7.1.4.3.  Whether the proposed subdivision is designed so as to reduce or eliminate adverse impact on adjacent properties or land uses.

11.7.1.4.4.  Whether the proposed subdivision is situated so as to avoid potentially hazardous or sensitive areas or sites.

11.7.1.4.5.  Whether access is sufficient to accommodate increases that might result from the subdivision proposed.

11.7.1.5.        Terms and Conditions: In considering approval of a lot line adjustment or short plat, the board of county commissioners may consider the imposition of terms and conditions as a means of addressing concerns, to mitigate potential adverse effects, to protect the public interest or to ensure that the burden of providing necessary infrastructure does not fall to the general public. Terms and conditions may include, but are not limited to:

11.7.1.5.1.  Control the sequence and timing of development.

11.7.1.5.2.  Establish provisions for perpetual maintenance of public areas, facilities or utilities, to include roads.

11.7.1.5.3.  Require the installation of essential infrastructure, to include requiring a guarantee of installation and surety pursuant to Section 5.

11.7.1.5.4.  Require landscaping, fencing or other such measures to reduce potential adverse impacts or to maintain aesthetics.

11.7.1.5.5.  Require specific security measures, such as traffic signs, traffic and school bus turnouts, fencing, gating or lighting to protect the public safety.

11.7.1.5.6.  Require specific endorsement on the face of the final plat sufficient to inform potential buyers of levels or lack of services to be provided, potential nuisances to expect or other information deemed appropriate to reasonably assure that buyers are aware of any limitations in what they are buying.

11.7.1.6.        Decision: Based on the findings developed, the board of county commissioners will develop written findings, and may, at their discretion, table the final adoption of these findings and decision to a specific date and time so as to allow review and approval. The board of county commissioners may:

11.7.1.6.1.  Approve: Approve the application and processing of final plat by motion and majority vote, establishing applicable terms and conditions to be required for signature on final plat.

11.7.1.6.2.  Table: Table the application and preparation of final plat pending adoption of a guarantee of installation and surety, to allow revisions to the preliminary plat or to CCRs, or to allow documentation of compliance with other agency requirements.

11.7.1.6.3.  Deny: Deny the application for cause.

11.7.2.  Long Plat Subdivision:

11.7.2.1.        Applicant: Applications for long plat subdivisions will be made on forms provided by the administrator and will include preliminary plat as established at 12.6, above.

11.7.2.2.        Administrator: Upon receipt of a completed application for long plat subdivision, the administrator will provide copies of the application and preliminary plat to the County Assessor, Treasurer, Road and Bridge, GIS Mapping, and Weeds Department and schedule public hearing on the next available agenda of the planning and zoning commission, allowing time for public notification. At least one week prior to the date of the hearing, the administrator will provide each member of the planning and zoning commission copies of the application, the preliminary plat and any written public comment received, along with a staff analysis, which will at minimum provide:

11.7.2.2.1.  A summary of the development proposed, including the type subdivision.

11.7.2.2.2.  The specifics of the site on which platting is proposed, including parcel number(s), parcel size, zone district designation, surrounding zone district designations and surrounding land uses.

11.7.2.2.3.  Overlay zones, hazardous areas or special sites affected by the application.

11.7.2.2.4.  Other agency approvals that might be required prior to the onset of development.

11.7.2.2.5.  A listing of applicable provisions of this ordinance, including standards.

11.7.2.3.        Planning and Zoning Commission: At the conclusion of public hearing and based on materials included in the application, the staff analysis and comment received through public hearing, the planning and zoning will hold discussion to reach a reasoned decision and consider terms or conditions sufficient to allow the administrator to prepare written findings and recommendation.

11.7.2.3.1.  Considerations: When considering an application for long plat subdivision, the planning and zoning commission should determine, at minimum:

11.7.2.3.1.1.                    Whether the proposed plat is in accord with applicable provisions of this ordinance.

11.7.2.3.1.2.                    Whether adequate public services are or can be made available.

11.7.2.3.1.3.                    Whether the proposed subdivision is designed so as to reduce or eliminate adverse impact on adjacent properties or land uses.

11.7.2.3.1.4.                    Whether the proposed subdivision is situated so as to avoid potentially hazardous or sensitive areas or sites.

11.7.2.3.1.5.                    Whether access is sufficient to accommodate increases that might result from the subdivision proposed.

11.7.2.3.2.  Terms and Conditions: In considering a recommendation of approval of a long plat subdivision, the planning and zoning commission may consider the imposition of terms and conditions as a means of addressing concerns, to mitigate potential adverse effects, to protect the public interest or to ensure that the burden of providing necessary infrastructure does not fall to the general public. Terms and conditions may include, but are not limited to:

11.7.2.3.2.1.                    Control the sequence and timing of development.

11.7.2.3.2.2.                    Establish provisions for perpetual maintenance of public areas, facilities or utilities, to include roads.

11.7.2.3.2.3.                    Require the installation of essential infrastructure, to include requiring a guarantee of installation and surety pursuant to Section 5.

11.7.2.3.2.4.                    Require landscaping, fencing or other such measures to reduce potential adverse impacts or to maintain aesthetics.

11.7.2.3.2.5.                    Require specific security measures, such as traffic signs, traffic and school bus turnouts, fencing, gating or lighting to protect the public safety.

11.7.2.3.2.6.                    Require specific endorsement on the face of the final plat sufficient to inform potential buyers of levels or lack of services to be provided, potential nuisances to expect or other information deemed appropriate to reasonably assure that buyers are aware of any limitations in what they are buying.

11.7.2.3.3.  Recommendation: Based on the findings developed, the planning and zoning commission will develop written findings and recommendation. At their discretion, the planning and zoning commission may table release of findings and recommendation until the next regular meeting to allow review and approval. In rendering findings and decision, the planning and zoning commission may;

11.7.2.3.3.1.                    Recommend Approval: Forward to county commissioners a recommendation of approval, to include recommended terms and conditions.

11.7.2.3.3.2.                    Recommend Disapproval: Recommend that the application for long plat be denied for causes described.

11.7.2.3.3.3.                    Render Considerations: Forward to county commissioners written considerations when the planning and zoning commission is split and unable to reach consensus on a recommendation.  These written considerations will specify issues of contention and the rationale of members on each side of the issues, to include any terms or conditions proposed. Final action will be tabled until the next regular meeting to allow review and approval of written considerations, with motion and majority vote to authorize the chairman to sign.

11.7.2.4.        Board of County Commissioners: Upon receipt of signed findings and recommendation, the administrator will schedule public hearing before the board of county commissioners pursuant to Section 21. At the conclusion of public hearing and based on materials included in the application, staff analysis, the findings and recommendation of the planning and zoning commission and on new comment received through public hearing, the board of county commissioners will hold discussion to reach a reasoned findings and to establish terms or conditions as established at Sections 12.7.2.3.1 and 12.7.2.3.2 sufficient to allow the administrator to prepare written findings and decision.

11.7.2.5.        Decision: Based on the findings developed, the board of county commissioners will develop written findings, and may table the final adoption of these findings and decision to a specific date and time so as to allow review and approval. The board of county commissioners may:

11.7.2.5.1.  Approve: Approve the application and processing of final plat by motion and majority vote, establishing applicable terms and conditions to be required for signature on final plat.

11.7.2.5.2.  Table: Table the application and preparation of final plat pending adoption of a guarantee of installation and surety, to allow revisions to the preliminary plat or to CCRs, or to allow documentation of compliance with other agency requirements.

11.7.2.5.3.  Deny: Deny the application for cause.

11.8.                    Final Plat Requirements: Following approval of the preliminary plat, and prior to the sale or conveyance of any lot or block, the applicant shall cause to be drawn a final plat in conformance with the terms and conditions established and with Title 50, Chapter 13, Idaho Code, and the following:

11.8.1.  The name of the subdivision and the name of the larger tract or subdivision of the Public Land Survey System of which it is part. The names of the subdivider(s) and the seal and signature of the engineer and/or surveyor who prepared the plat.

11.8.2.  The initial point of survey and descriptions and locations of monuments in accordance with the provisions of Idaho Code.

11.8.3.  The centerlines and widths of all existing or proposed streets, roads and alleys. The length and bearing of the lines of all lots, streets, roads, alleys, rights of ways and easements.

11.8.4.  A place for the signature of the appropriate official of the Panhandle Health District for certification of compliance of the plat per requirements of 50-1326 through 50-1334, Idaho Code.

11.8.5.  A certificate containing the correct description of all lands dedicated to Boundary County, along with a place for signed acknowledgement by the officer duly authorized to accept such dedications.

11.8.6.  A valid title policy which guarantees clear title on all property intended for dedication or conveyance to Boundary County.

11.8.7.  A place for the signature of the Boundary County Treasurer certifying that there are no county property taxes due and unpaid on the lands contained within the plat.

11.8.8.  If the plat is located within any special purpose district, the plat shall contain a certificate bearing the signature of the appropriate official of such district signifying the plat’s compliance with the regulations of the district and/or the relevant provisions of Idaho Code.

11.8.9.  A place for the signature of the designated county surveyor, with surveyor’s fee to be paid by applicant.

11.8.10.                      A place for the signature of the chairman of the Board of County Commissioners signifying the board’s approval of the plat for recording and filing.

11.8.11.                      A place for the signature of the Boundary County Clerk of Court certifying recordation of the plat.

11.8.11.1.    Recording Final Plat: Prior to recording the final plat, the applicant shall obtain requisite signatures from all but the chairman of the board of county commissioners and the Boundary County Clerk of Court, and shall then submit two (2) signed mylar copies of the final plat and CC&Rs to the administrator. Upon receipt of final plat, the administrator will review the plat to ensure conformance with terms and conditions established by the board of county commissioners, and then schedule time on the next available agenda of the board for final plat signature. The board may then authorize the chairman to sign the final plat and authorize the plat for signature and recording with the county clerk of court.

11.9.                    Penalties for Violation:

11.9.1.  Failure to File Simple Subdivision: Failure to file simple subdivision when so required will constitute an infraction pursuant to Section 4.1.1.3.

11.9.2.  Failure to Plat: When a subdivision requiring plat is created in violation of this ordinance, or when a lot is offered or conveyed prior to recording a final plat, the property owner will be guilty of a misdemeanor for each lot or parcel created pursuant to Section 4.1.3.8. In addition, penalties established at IC 50-1314 may be levied.

11.9.3.  False Representation: The owner of real property who offers for sale a parcel or parcels represented as being in a subdivision when no final plat has been recorded will be guilty of a misdemeanor for each parcel so offered pursuant to Section 4.1.3.9. Additionally, agents of the owner involved in false representation may be subject to disciplinary action as established at IC 54-2060.

11.10.                Density Bonuses

11.10.1.                      Conveyance Of Residential Development Rights

11.10.1.1.    Objective: To establish a means and process by which owners of privately held lands within the jurisdiction of Boundary County, possessing in higher measure those characteristics and attributes deemed essential to the safety, economy, and well being of the community as a whole as established either by zone district or the provisions of the Boundary County Comprehensive Plan, and which would be lost were the right to develop for residential use be exercised, may instead, voluntarily and for compensation or other benefit, extinguish that residential development right and convey that right to another person or entity to hold, or to the owner of another parcel within Boundary County which is more suitable for residential development to allow a defined increase in net development density.

11.10.1.2.    Residential Development Right Defined: A residential development right is a right of property ownership to develop a residential structure upon a piece of property, which may be held, exercised or legally transferred for value received at the discretion of the property owner. The parcel from which a development right is conveyed is the “sending” parcel, the parcel upon which the development right may be exercised is the “receiving” parcel.

11.10.1.3.    Development Right Quantified: For the purpose of this section, a development right shall be deemed to exist in the ratio of one (1) single family residence per each ten (10) acres of undeveloped and unplatted privately held land from which a right is transferred and development restricted in every zone district, except the restricted zone. Where a parcel from which a development right is conveyed is defined as an aliquot portion of a section, an area equal to one-sixty fourth (1/64^th) aliquot portion shall nominally equal ten (10) acres. When a metes and bounds description is used, ten acres shall equal 435,600 square feet of surface area.

11.10.1.4.    Restricted Development Zone District: The restricted development zone district is established for the purpose of administering this section, and will encompass and include those lands voluntarily restricted from development through conveyance of development rights. Within lands so zoned, residential development or the establishment of a conditional or other use requiring a county permit will be prohibited. Lands included in the restricted development zone will not be eligible for re-zoning for a period of not less than thirty years from the date of conveyance, and then subject to the procedures established for zone map amendment in effect at that time.

11.10.1.5.    Effect of Conveying Residential Development Rights: Upon conveyance of a residential development right, the parcel or legally described portion thereof from which rights are conveyed will be included within the restricted development zone district, regardless of succeeding changes in ownership, until rezoned pursuant to Section 12.10.1.4, above. Conveying a development right does not convey real property, nor shall such conveyance limit or preclude the establishment or continuance of any use not regulated by Boundary County within the zone district of the sending parcel.

11.10.1.6.    Effect of Receiving Residential Development Rights: Upon receipt of a conveyed development right, the owner(s) may hold the right(s) or assign them to a receiving parcel within Boundary County and be eligible to submit application for residential or mixed-use subdivision showing one additional developable lot for each development right received, up to the condensed net development density established at Section 12.10.1.9, below. No other requirement established for subdivision development will be relaxed nor abrogated.

11.10.1.7.    Standards for Sending Development Rights: A development right may be conveyed from all privately owned lands within Prime Agriculture zone districts, or from any other zone district when restricting development will:

11.10.1.7.1.          Conserve land for agricultural or timber production and harvest; or

11.10.1.7.2.          Preclude development in an identified flood zone or hazardous area; or

11.10.1.7.3.          Conserve special areas or areas or structures of historical significance, or

11.10.1.7.4.          Preserve riparian areas, wetlands or critical or sensitive wildlife habitats, or

11.10.1.7.5.          Conserve greenbelts, open space or scenic views; or

11.10.1.7.6.          Retain open areas for outdoor recreational pursuits; and

11.10.1.7.7.          Implement the objectives of Chapter 14, Boundary County Comprehensive Plan.

11.10.1.8.    Standards for Receiving Development Rights: Residential development rights may be sent to and exercised upon a parcel within any zone district except prime forestry to establish a platted subdivision, to include clustered and mixed-use subdivisions, when

11.10.1.8.1.          Within the Prime Agriculture and Agriculture/Forestry zone districts, the receiving parcel is situated on marginal to poor timber or agricultural land and where an increase in density will not materially impede existing agricultural or silvicultural operations; and

11.10.1.8.2.          The receiving parcel does not lie wholly within a NFIP-designated A flood zone or an identified wetland; and.

11.10.1.8.3.          The receiving parcel is accessible by an existing public road; and

11.10.1.8.4.          Sufficient public roads and utilities are available or can be provided to accommodate the density proposed; and

11.10.1.9.    Condensed Net Residential Densities: When conveyed development rights are exercised, the maximum net residential densities within each applicable zone district will be:

*Urban = Suburban, Residential and Rural Community/Commercial

Services = Water and Sewer

11.10.1.10.                        Administration: The administrator will establish procedures to administer and maintain record of actions taken by property owners pursuant to this section. The administrator will not serve as agent for any party, nor participate in any negotiations involving conveyance of residential development rights. Procedures will be established to efficiently:

11.10.1.10.1.      Offer Conveyance: To make known to interested parties those seeking to convey residential development rights.

11.10.1.10.2.      Offer Receipt: To make known to interested parties those seeking to receive conveyed residential development rights.

11.10.1.10.3.      Keep Record: To keep record of conveyed development rights.

11.10.1.11.                        Application for Offering to Convey Development Rights: Those seeking to offer to convey residential development rights and wishing to make such offer known may make application for listing on forms provided by the administrator. There shall be no fee for such application. At minimum, the application will contain:

11.10.1.11.1.      The name, mailing address and contact information of the applicant.

11.10.1.11.2.      The parcel number or legal description and size, in acres, of the parcel(s) from which residential development rights are being offered for conveyance.

11.10.1.11.3.      The total number of residential development rights being offered.

11.10.1.11.4.      The names, titles and signatures of all possessing ownership interest or lien against the property from which rights are to be conveyed signifying approval to offer to convey residential development rights.

11.10.1.11.5.      Except on privately owned land zoned prime agriculture, a summary of the characteristics or attributes of the land which would be preserved by conveying residential development rights.

11.10.1.12.                        Administrative Action on Offer to Convey: Upon receipt of an application offering to convey residential development rights, the administrator will determine if the application complies with the standards established herein. Based upon this determination, the administrator will:

11.10.1.12.1.      Accept: Where the standards herein are met, the administrator will accept the application and add it to a list of residential rights available. The applicant will then be eligible for notification of those seeking to obtain residential development rights.

11.10.1.12.2.      Deny: Where the standards herein are not met, the administrator will inform the applicant, in writing, the reasons for denial, providing information on filing appeal.

11.10.1.13.                        Application Seeking to Obtain Residential Development Rights: Those seeking to obtain conveyed residential development rights and who wish to make that interest known to those seeking to convey those rights may make application for listing on forms provided by the administrator. There shall be no fee attached. At minimum, the application will provide:

11.10.1.13.1.      The name, mailing address and contact information of the applicant.

11.10.1.13.2.      Parcel number of the parcel to which conveyed development rights are proposed to attach, or signed statement from the recipient that the development rights will be held.

11.10.1.13.3.      The total number of residential development rights being sought.

11.10.1.13.4.      A summary of the characteristics and attributes of the land upon which the conveyed rights are to attach.

11.10.1.14.                        Administrative Action on Offer to Obtain: Upon receipt of an application seeking to obtain conveyed residential development rights, the administrator will determine if the application conforms to the standards established herein. Based on this determination, the administrator will:

11.10.1.14.1.      Accept: Where the standards herein are met, the administrator will accept the application and add it to a list of those seeking to obtain residential rights. The applicant will then be eligible for notification of those seeking to convey residential development rights.

11.10.1.14.2.      Deny: Where the standards herein are not met, the administrator will inform the applicant, in writing, the reasons for denial, providing information on filing appeal.

11.10.1.15.                        Conveyance of Residential Development Rights: When agreement is reached between parties for the conveyance of residential development rights, application will be made for Conveyance of Residential Development Rights on forms provided by the administrator. Application will provide, at minimum:

11.10.1.15.1.      The name, address and contact information of the owner(s) of the parcel from which residential development rights are to be conveyed.

11.10.1.15.2.      The parcel number or legal description of a portion thereof of the property from which development rights are to be extinguished through conveyance, including total acreage.

11.10.1.15.3.      The number of residential development rights being conveyed.

11.10.1.15.4.      The names, titles and signatures of all possessing ownership interest or holding lien against the property from which development rights are being conveyed, signifying approval of the transaction. Should any lien holder or party with ownership interest in the property from which rights are conveyed be omitted or refuse to sign, the transaction will be deemed void.

11.10.1.15.5.      Except on privately owned land zoned prime agriculture, a summary of the characteristics or attributes of the land that would be preserved by conveying residential development rights.

11.10.1.15.6.      The name, address and contact information of the owner(s) of the parcel to which development rights are to be conveyed.

11.10.1.15.7.      The parcel number of the parcel to which conveyed residential development right would attach.

11.10.1.15.8.      The date of proposed conveyance, to be not less than ten (10) working days of the date application is made, and the date, agreed upon by all parties but not less than thirty (30) years from date of conveyance, at which time consideration may be given to rezoning.

11.10.1.15.9.      Applicable fees as established by this ordinance.

11.10.1.16.                        Administrative Action to Convey Residential Development Rights: Upon receipt of application for Conveyance of Residential Development Rights, the administrator will ensure that the standards established herein are met. Based on this determination, the administrator will:

11.10.1.16.1.      Approve: Should the standards herein be met, the administrator will issue certificate of compliance authorizing conveyance of residential development rights authorizing the recording of legal instrument of conveyance.

11.10.1.16.2.      Deny: Should the standards herein not be met, the administrator will notify all parties, in writing, of findings and reason for denial, and steps, if any are available, which could be taken to gain approval. Notice of denial will include information on filing appeal.

11.10.1.17.                        Exercise of Conveyed Residential Development Rights: Where residential development rights have been lawfully conveyed and are to be exercised, appropriate application for subdivision proposed will be submitted, along with copies of certificates of compliance and instruments of conveyance for each right to be exercised. When considering the application, the higher density, as established at Section 12.10.1.9, above, will be considered the permitted net density.

11.10.2.                      Transfer of Real Property to Family Members:

11.10.2.1.    Objective: To establish an equitable means by which the owners of privately held unplatted land may attain a reasonable increase in residential density expressly for the purpose of conveying real property to immediate family members.

11.10.2.2.    Immediate Family Members Defined: For the purpose of this section, immediate family members will be deemed to be and limited to the property owner’s children, step-children, adopted children, parents and grandparents.

11.10.2.3.    Corporations not Eligible: The provisions of this section will not be exercised to divide lands owned by corporations, LLCs or other business entities, but may be exercised on lands held jointly in family trust.

11.10.2.4.    Eligibility: The provisions established by this section may be exercised when:

11.10.2.4.1.          The property owner transferring real property under this provision has owned the land for a period of not less than one year; and

11.10.2.4.2.          The lands to be conveyed are suitable for residential construction in that they have adequate access and do not lie in an A Flood Zone, wetland or other hazardous or sensitive area; and

11.10.2.4.3.          The recipient of the property has not previously been given property within Boundary County by any other family member under this provision or any similar provision previously allowed by Boundary County.

11.10.2.5.    Maximum Density Allowed: Where the provisions of this section are exercised, the maximum net residential density requirement will be waived, however, neither any new lot created nor the remainder will be less than one-quarter (1/4) acre if both water and sewer service are available; when either community water or sewer service is available, but not both, no lot or parcel will be less than three-quarter (3/4) acre in size; or, where neither community water or sewer services are available, no lot or parcel created will be less than two and one half (2 ½) acres in size.

11.10.2.6.    Administration: Property owners seeking to exercise the rights established by this section will, prior to conveyance of property, submit application for a platted subdivision, processed on forms provided by the administrator. Where a single parcel is divided into four or fewer parcels, process as a simple subdivision. If such parcel is divided into five or more parcels, process as short plat. Where platting is required, road rights-of-way and slope standards as established in the County Road Standards manual will be met, but surfacing standards shall not apply.