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S1198................................................by JUDICIARY AND RULES SUBDIVISIONS - Amends existing law to provide that at no time shall any definition of "subdivision," as provided in any local land use planning ordinance, be defined to include the removal, modification or relocation of boundary lot lines commonly shared by one or more parcels titled by the same owner when the subject property is not within a subdivision and when such removal, modification or relocation does not increase the number of parcels or create any additional substandard parcels; and to provide that if an ordinance of a political subdivision, which is adopted in lieu of the definition provided by law, is contrary to the restriction specified, the ordinance shall be null, void and unenforceable. 03/05 Senate intro - 1st rdg - to printing 03/06 Rpt prt - to Loc Gov 03/12 Rpt out - to 14th Ord 03/30 Rpt out NOT amen - ret'd to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1198 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO LOCAL LAND USE PLANNING AND SUBDIVISIONS; AMENDING SECTION 3 50-1301, IDAHO CODE, TO PROVIDE A RESTRICTION ON ANY DEFINITION ADOPTED BY 4 A CITY OR COUNTY IN LIEU OF THE DEFINITION OF "SUBDIVISION" AS PROVIDED BY 5 STATE LAW, TO PROVIDE A REMEDY FOR ANY PROVISION OF A LOCAL ORDINANCE 6 WHICH IS CONTRARY TO STATE LAW AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 7 SECTION 67-6513, IDAHO CODE, TO CLARIFY THE TERM "SUBDIVISION DEVELOPMENT" 8 AND TO PROVIDE A REMEDY FOR ANY PROVISION OF A LOCAL ORDINANCE WHICH IS 9 CONTRARY TO STATE LAW; AND DECLARING AN EMERGENCY. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 50-1301, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 50-1301. DEFINITIONS. The following definitions shall apply to terms used 14 in sections 50-1301 through 50-1334, Idaho Code. 15 (1.) Easement: A right of use, falling short of ownership, and usually 16 for a certain stated purpose; 17 (2.) Functioning street department: A city department responsible for the 18 maintenance, construction, repair, snow removal, sanding and traffic control 19 of a public highway or public street system which qualifies such department to 20 receive funds from the highway distribution account to local units of govern- 21 ment pursuant to section 40-709, Idaho Code; 22 (3.) Idaho coordinate system: That system of coordinates established and 23 designated by chapter 17, title 55, Idaho Code; 24 (4.) Monument: A physical structure or object that occupies the position 25 of a corner; 26 (5.) Owner: The proprietor of the land, (having legal title); 27 (6.) Plat: The drawing, map or plan of a subdivision, cemetery, townsite 28 or other tract of land, or a replatting of such, including certifications, 29 descriptions and approvals; 30 (7.) Private road: A road within a subdivision plat that is not dedicated 31 to the public and not a part of a public highway system; 32 (8.) Public highway agency: The state transportation department, any 33 city, county, highway district or other public agency with jurisdiction over 34 public highway systems and public rights-of-way; 35 (9.) Public land survey corner: Any point actually established and monu- 36 mented in an original survey or resurvey that determines the boundaries of 37 remaining public lands, or public lands patented, represented on an official 38 plat and in the field notes thereof, accepted and approved under authority 39 delegated by congress to the U.S. general land office and the U.S. department 40 of interior, bureau of land management; 41 (10.) Public right-of-way: Any land dedicated and open to the public and 42 under the jurisdiction of a public highway agency, where the public highway 43 agency has no obligation to construct or maintain said right-of-way for vehic- 2 1 ular traffic; 2 (11.) Public street: A road, thoroughfare, alley, highway or bridge under 3 the jurisdiction of a public highway agency; 4 (12.) Reference monument: A special monument that does not occupy the same 5 geographical position as the corner itself, but whose spatial relationship to 6 the corner is known and recorded, and which serves to witness the corner; 7 (13.) Sanitary restriction: The requirement that no building or shelter 8 which will require a water supply facility or a sewage disposal facility for 9 people using the premises where such building or shelter is located shall be 10 erected until written approval is first obtained from the state board of 11 health by its administrator or his delegate approving plans and specifications 12 either for public water and/or sewage facilities, or individual parcel water 13 and/or sewage facilities; 14 (14.) Street: A road, thoroughfare, alley, highway or a right-of-way which 15 may be open for public use but is not part of a public highway system nor 16 under the jurisdiction of a public highway agency; 17 (15.) Subdivision: A tract of land divided into five (5) or more lots, 18 parcels, or sites for the purpose of sale or building development, whether 19 immediate or future; provided that this definition shall not include a bona 20 fide division or partition of agricultural land for agricultural purposes. A 21 bona fide division or partition of agricultural land for agricultural purposes 22 shall mean the division of land into lots, all of which are five (5) acres or 23 larger, and maintained as agricultural lands. 24 Cities or counties may adopt their own definition of "subdivision" in lieu 25 of theabovedefinition in this subsection, except that at no time shall any 26 definition of "subdivision" as provided in any ordinance be defined to include 27 the removal, modification or relocation of boundary lot lines commonly shared 28 by one (1) or more parcels titled by the same owner when the subject property 29 is not within a subdivision and when such removal, modification or relocation 30 does not increase the number of parcels or create any additional substandard 31 parcels. In addition, any provision of an ordinance of a political subdivision 32 adopted in lieu of the definition provided herein which is contrary to the 33 restriction specified herein, shall be null, void and unenforceable; 34 (16.) Witness corner: A monumented point usually on a lot line or boundary 35 line of a survey, near a corner and established in situations where it is 36 impracticable to occupy or monument the corner. 37 SECTION 2. That Section 67-6513, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 67-6513. SUBDIVISION ORDINANCE. (1) Each governing board shall provide, 40 by ordinance adopted, amended, or repealed in accordance with the notice and 41 hearing procedures provided under section 67-6509, Idaho Code, for standards 42 and for the processing of applications for subdivision permits under sections 43 50-1301 through 50-1329, Idaho Code. Each such ordinance may provide for miti- 44 gation of the effects of subdivision development on the ability of political 45 subdivisions of the state, including school districts, to deliver services 46 without compromising quality of service delivery to current residents or 47 imposing substantial additional costs upon current residents to accommodate 48 the proposed subdivision. The term "subdivision development" as used in this 49 chapter shall not include the removal, modification or relocation of boundary 50 lot lines commonly shared by one (1) or more parcels titled by the same owner 51 when the subject property is not within a subdivision and when such removal, 52 modification or relocation does not increase the number of parcels or create 53 any additional substandard parcels. 3 1 (2) Fees established for purposes of mitigating the financial impacts of 2 development must comply with the provisions of chapter 82, title 67, Idaho 3 Code. 4 (3) Any provision of an ordinance of a political subdivision of the state 5 which is contrary to the provisions of this chapter, shall be null, void and 6 unenforceable. 7 SECTION 3. An emergency existing therefor, which emergency is hereby 8 declared to exist, this act shall be in full force and effect on and after its 9 passage and approval.
STATEMENT OF PURPOSE RS 11203 To provide an enhancement to the scope and authority of a subdivision ordinance to provide that an owner of adjoining lots not within a subdivision may remove, modify, or relocate a boundary line provided it does not increase the number of parcels. FISCAL IMPACT No fiscal impact Contact Name: Bart M. Davis Phone: 208/332-1339 Name: Melvin M. Richardson Phone: 208/332-1358 STATEMENT OF PURPOSE/FISCAL NOTE S 1198