Title 09 Subdivision Regulations amd 20130516
Title 9 Revised 05/16/2013 Teton County Idaho Page 1 of 87
TITLE 9
SUBDIVISION REGULATIONS
SUBJECT CHAPTER PAGE
GENERAL PROVISIONS 1
2
DEFINITIONS 2
4
PROCEDURE FOR APPROVAL 3
19
DEVELOPMENT STANDARDS 4
53
PLANNED UNIT DEVELOPMENTS 5
67
RESERVED FOR TRANSFER OF DEVELOPMENT RIGHTS 6
75
VACATIONS, DEDICATIONS AND BOUNDARY
ADJUSTMENTS
7
76
VARIANCES 8
84
ENFORCEMENT AND PENALTIES 9
85
AMENDMENTS 10
86
Appendix A. Nutrient-Pathogen Evaluation Technical Guide
Title 9 Revised 05/16/2013 Teton County Idaho Page 2 of 87
9-1-1 9-1-3 (E)
CHAPTER 1
GENERAL PROVISIONS
SECTION:
9-1-1: Title
9-1-2: Authority
9-1-3: Purpose
9-1-4: Jurisdiction
9-1-5: Interpretation
9-1-6: Administration
9-1-7: Combining of Permits
9-1-8: Severability
9-1-1: TITLE: These regulations shall be known and cited as the TETON COUNTY
SUBDIVISION REGULATIONS. (ORD.9 as amd. through 9-25-2000)
9-1-2: AUTHORITY: These regulations are authorized by Title 50, Chapters 12 and 13 of
the Idaho Code, as amended or subsequently codified. (ORD.9 as Amd. through 9-25-2000), as well as
by Title 67, Chapter 65 of the Idaho Code, as amended or subsequently codified, and by Article 12,
Section 2 of the Idaho Constitution. (amd. 11-14-08)
9-1-3: PURPOSE AND SCOPE: The purpose of these regulations is to promote the public
health, safety, and general welfare, and to provide for:
A. The harmonious development of the area in accordance with the approved Comprehensive
Plan; (amd. 11-14-08)
B. The coordination of streets and roads within the subdivision with other existing or planned
streets and roads in adjacent development, where connectivity would be a benefit to both
developments, and the construction or upgrade of streets and roads necessary to accommodate traffic
from the proposed development in accordance with County approved engineering standards and
without expense to the public; (amd. 11-14-08)
C. Adequate open space for travel, light, recreation, and preservation of the county’s rural
character, including consistency with trail maps adopted by the County; (amd. 11-14-08)
D. Adequate water supply, drainage and sanitary facilities to serve the proposed development, and
the construction of such facilities in accordance with County approved engineering standards and
without expense to the public; (amd. 11-14-08)
E. Design of development to avoid those Overlay Areas defined in Title 8 and Title 9, and where
avoidance is not feasible to mitigate impacts to such areas; (amd. 11-14-08)
Title 9 Revised 05/16/2013 Teton County Idaho Page 3 of 87
9-1-3 (F) 9-1-8
F. Design of development in accordance with all regulations applicable to the area, including
without limitation the Zoning Regulations, the approved building code, the International Fire Code, the
requirements of Eastern Idaho Public Health Department, and the most recently adopted Teton County
Fire Protection District Fire Protection Resolution for Subdivision; (amd. 11-14-08)
G. The manner and form of making and filing of any plat; and
H. The administration of these regulations by defining the powers and duties of approval
authorities. (ORD.9 as Amd. through 9-25-2000; amd. 11-14-08)
I. Platted lots and existing lots of record are exempt from the scope of the regulations contained
in Section 9-3-2 and Chapter 5 of Title 9. (amd. 11-14-08)
9-1-4: JURISDICTION: These regulations shall apply to the subdividing of all land within
the unincorporated territory of Teton County, except that all subdivisions and PUDs within the areas of
city impact are subject to the area of city impact ordinances as adopted by the cities and the County.
(amd. 11-14-08)
9-1-5: INTERPRETATION: All “subdivisions” and “PUDs” as defined in Chapter 2 shall
be submitted to the Board for final approval and shall comply with the provisions of these regulations.
All subdivisions and PUDs shall comply with all zoning provisions applicable to the property,
including without limitation the provisions of the various Overlay Areas defined in sections 8-2, 8-5-1,
and 8-5-2, unless the provisions of Title 9 specifically authorize a variation to those standards. The
regulations of Title 9 shall supplement all other regulations and where there is an inconsistency with
other laws or regulations, the more restrictive requirements shall apply. (ORD.9 as Amd. through 9-25-
2000; amd. 11-14-08)
9-1-6: ADMINISTRATION AND PROCEDURE: The Board shall appoint a Planning
Administrator to carry out the provisions of Title 9 and to advise the Commission and the Board. The
Planning Administrator shall receive and process all subdivision and PUD applications. (ORD.9 as
Amd. 9-25-2000) The Planning Administrator shall present complete applications to the Commission
and the Board. The Commission recommends to the Board approval, approval with conditions, or
denial of a proposed subdivision or PUD and all of its components. (amd. 11-14-08)
9-1-7: COMBINING OF PERMITS: The Commission may coordinate with other
departments and agencies concerning all permits or approvals that may be required in Title 9 or other
adopted County ordinances. A one-step permit application and processing procedure may be developed
with the respective department(s) and agencies for the purpose of reducing errors, misunderstanding,
confusion and unnecessary delay for everyone involved. (ORD.9 as Amd. 9-25-2000)
9-1-8: SEVERABILITY: Where any word, phrase, clause, sentence, paragraph, section, or
other part of these regulations is held invalid by a court of competent jurisdiction, such judgment shall
affect only that part so held invalid. (ORD.9 as Amd. through 9-25-2000)
Title 9 Revised 05/16/2013 Teton County Idaho Page 4 of 87
9-2-1 9-2-2
0BCHAPTER 2
4BDEFINITIONS
SECTION:
9-2-1: Interpretation
9-2-2: General Definitions
9-2-1: INTERPRETATION: Terms or words used herein shall be interpreted as follows:
A. The present tense includes the past or future tense, the singular includes the plural and the
plural includes the singular;
B. The word “shall” is mandatory; “may” is permissive; and the word “should” is preferred; and
C. The masculine shall include the feminine. (Title 9 as amd. through 9-25-2000)
9-2-2: GENERAL DEFINITIONS: As used in this title, the following words and terms
shall have the meanings ascribed to them in this section:
ACREAGE: Any tract or parcel of land that has not been subdivided and platted , in
common ownership and having an are of one acre or more.
ADMINISTRATOR: The Planning Administrator appointed by the Board having knowledge
in the principles and practices of planning, zoning, and subdivision
administration. (amd. 11-14-08)
AFFECTED PERSON: An affected person is a person so described in Idaho Code section 67-
6521.
AGENT: A person that legally represents the developer and the owner and such
legal authorization shall be on file, in writing, with the planning and
zoning, and building department of the county.
AGRICULTURAL BUILDING: A structure designed and constructed to house automobiles, trucks, farm
implements, hay, grain, poultry, livestock or other horticultural products.
This structure shall not be a place of human habitation, nor shall it be a
place used by the public.
APPLICANT: The applicant refers to the person or persons who file an application with
the Planning Commission seeking relief or authority under this title.
(amd. 06-05)
Title 9 Revised 05/16/2013 Teton County Idaho Page 5 of 87
9-2-2 9-2-2
APPLICATION: The documents submitted to the county to apply for a permit to fulfill the
requirements of the county ordinances with regard to land use. An
application is deemed complete and officially received by the county at
the time the applicable application checklist items are complete and
confirmed in writing and dated by the Planning Administrator.
BLOCK: The space along one side of a street between the two (2) nearest
intersecting streets, or between an intersecting street and a right of way,
waterway or other similar barrier, whichever is lesser.
BOARD: The Board of County Commissioners of Teton County, Idaho. (amd. 06-
05)
BOUNDARY ADJUSTMENT: The adjusting of common property lines or boundaries between adjacent
tracts, or parcels for the purpose of accommodating a transfer of land or
rectifying a disputed property line location. The resulting adjustment
shall not create any additional tracts or parcels and all reconfigured tracts
or parcels shall contain sufficient area and dimension to meet minimum
requirements for zoning and building purposes. (amd. 06-05)
BUILDING: Any structure with substantial walls and roof securely affixed s to the
land and entirely separated on all sides from any other structure, by
space or by walls in which there are no communication doors, windows
or openings, which is designed or intended for the shelter, enclosure or
protection of persons, animals, chattels or property of any kind.
BUILDING ENVELOPE: That area of a lot that encompasses all building improvements and
appurtenances including but not limited to: Excavation, fill, grading,
storage, demolition, structures, decks, roof overhangs, porches, patios
and parking. Building envelopes are encouraged, in developments
throughout the County to protect scenic vistas, and to ensure defined
building sites within special development subdivisions and planned unit
developments. (amd. 06-05)
BUILDING SITE: An area proposed or provided and improved by grading, filling,
excavation or other means for erecting pads for buildings. (amd. 06-05)
CC&Rs: Covenants, Conditions, and Restrictions. Also called Protective
Covenants or Restrictive Covenants. (amd. 11-14-2008)
CITY: The city having jurisdiction of the parcel of land under consideration.
(amd. 06-05)
CLUSTER: An arrangement of adjoining residential lots in groupings that allow
closer spacing than would be generally permitted, where the reduced lot
Title 9 Revised 05/16/2013 Teton County Idaho Page 6 of 87
9-2-2 9-2-2
sizes are offset by open space, and where groupings of lots are limited in
size and location in order to reduce the perception of a single large
development and to preserve rural and open character. (amd. 11-14-
2008)
CLUSTER HOUSING: A development of land consisting of separate residential lots where
conventional setbacks, lot sizes or density may be varied with adjacent
land held in common, usually as open space, and where said common
land is maintained under private management or homeowner’s
association. (amd. 06-05)
COMMISSION: The Planning and Zoning Commission. (Amd. 05-05)
COMMITTEE: A technical committee may be appointed by the Board of County
Commissioners upon recommendation by the Planning Commission to
assist with the technical evaluation of subdivisions, and to make
recommendations to the Planning Commission. The membership of the
committee shall include, but not be limited to, persons that are engaged
in either private or public work with specific knowledge in the following
areas:
A. Road design and construction;
B. Sewer and water facility design and construction;
C. Health requirements for water and sewer facilities;
D. Environmental planning criteria such as: geology water systems,
vegetation and noise;
E. Solid waste;
F. Recreational and open space;
G. Schools;
H. Law enforcement;
I. Fire protection.
COMPREHENSIVE PLAN: The plan or any portion thereof, adopted by the Board of County
Commissioners, which includes all the land within the jurisdiction of the
Board. The plan with maps, charts, and reports shall be based on
components outlined in Title 67-6508 of the Land Use Act of the Idaho
Title 9 Revised 05/16/2013 Teton County Idaho Page 7 of 87
9-2-2 9-2-2
Code as they may apply to land use regulations, and actions unless the
plan specifies reasons why a particular component is unneeded. (amd.
01-16-2002)
CONCEPT PLAN: The first formal presentation of the three-phase process for subdivision
development as required in sections 9-3-2-A and 9-3-2-B of Title 9.
(Amd. 01-16-2002; amd 11-14-2008)
CONDOMINIUM: An estate consisting of an undivided interest in common in real property,
in an interest or interests in real property, or in any combination thereof;
together with a separate interests in real property, in an interest or
interests in real property or in any combination thereof.
COUNCIL: The city council of an incorporated city within the County. (amd. 06-05)
COUNTY RECORDER: The office of the county recorder.
COUNTY ROAD The “Highways and Street Guidelines for Design and Construction”
STANDARDS: manual for Teton County, Idaho, as adopted. (amd.11-14-2008)
COVENANT: A written promise or pledge or contract recorded on/ within a public or
official document of the county. (amd. 06-05)
CULVERT: A drain that channels water under a bridge, street, road or driveway.
DEDICATION: The setting apart of land or interests in land for use by the public by
ordinance, resolution or entry in the official minutes as by the recording
of a plat. Dedicated land becomes public land upon the acceptance of the
county.
DENSITY: A unit of measurement for the number of dwelling units per acre of land.
This is sometimes expressed in the reciprocal, as in 2.5 or 20 acres per
unit.
DENSITY GROSS: The number of dwelling units per acre of the total land to be developed
including land dedicated to public use.
DENSITY NET: The number of dwelling units per acre of the land devoted to residential
uses only and excluding land dedicated to public use.
DESIGN PROFESSIONAL: The Architect, Landscape Architect, Surveyor, or Engineer registered or
licensed to practice in the State of Idaho. When used in this Title 9,
Design Professional means the professional with qualifications to
perform the work (amd 2011-03-17).
DEVELOPMENT: An activity to construct infrastructure, or a structure, or a building for
which a building permit is required, or to divide the land into lots and
Title 9 Revised 05/16/2013 Teton County Idaho Page 8 of 87
9-2-2 9-2-2
parcels in anticipation of such activities, and specifically including a
subdivision or PUD. (amd. 11-14-2008)
DEVELOPER: The owner or agent of the owner on an application submitted to the
county to subdivide land. (Amd. 05-05)
DIRECT IMPACT: Those adverse effects caused by the proposed action and occurring at the
same time and place. (amd. 05-11-10)
DWELLING UNIT: A structure for human habitation which shall not include a mobile living
unit such as a motor home or trailer coach, or a hotel, dormitory,
hospital, rooming house or tent. A single unit providing complete
independent living facilities for one or more persons, including
permanent kitchen and sanitation facilities, and provisions for living,
sleeping, and eating (see KITCHEN FACILITIES and SANITATION
FACILITIES). (amd 2011-05-12)
EASEMENT PRESCRIPTIVE: Real property that has become a public right-of-way by prescriptive use
of the public for five (5) years or more as defined in Idaho law. (amd.
06-05)
EASEMENT PUBLIC: Real property that has been granted dedicated or deeded to a
governmental jurisdiction for public or special use. (amd. 06-05)
FAMILY: One or more persons, occupying a dwelling unit and living as a single
housekeeping unit, as distinguished from renters, or group occupying a
boarding house, lodging house, hotel, motel or similar establishment.
(amd. 06-05)
FLOOD PLAIN: The National Flood Insurance Program (NFIP) defines a regulatory
floodplain as the area adjacent to a watercourse that is inundated by the
100-year discharge, and therefore has a 1% chance of being inundated in
any single year. These lands are coarsely depicted on the Comprehensive
Plan Map No. 8 titled The Official 100 Year Flood Plan Required by
FEMA. (amd. 05-11-10)
FLOODWAY Regulatory floodway means the channel of a river or other water course
and the adjacent land areas that must be reserved in order to discharge
the base (100-year) flood without cumulatively increasing the water
surface elevation more than a designated height (pursuant to Title 12).
(amd. 05-11-10)
FORESTED RIPARIAN Riparian areas variably composed of native trees and/or shrubs such as:
HABITAT cottonwood, aspen, hawthorn, alder, or willow occurring alone or in
combination with associated native understory species. (amd. 05-11-10)
FRONTAGE: The distance across the front of a lot that is adjacent to a public road,
right-of-way and/or easement.
Title 9 Revised 05/16/2013 Teton County Idaho Page 9 of 87
9-2-2 9-2-2
HANDICAPPED PERSON: A person who has a severe, chronic disability attributable to a mental or
physical impairment or to a combination of mental and physical
impairments, which is likely to continue indefinitely, and which results
in a substantial function limitation in three (3) or more of the following
areas of major life activity: self-care, receptive and expressive language,
learning mobility, self-sufficiency; and who require a combination or
sequence of special interdisciplinary or generic care, treatment or other
services that are individually planned and coordinated to allow the
person to function in and contribute to, a residential neighborhood.
HEALTH AUTHORITY: The Idaho State Department of Health and Welfare and its local district
health offices that exercise jurisdictional authority for the state.
HIGHWATER MARK: The line that the water impresses on the soil by covering it for sufficient
periods of time to prevent the growth of terrestrial vegetation (IDAPA
58.01.03 Onsite Sewage Disposal Rules). Additional indicators of
OHWM that may be present include but are not limited to: top of point
bars or depositional areas, break in bank slope, edge of active floodplain,
edge of perennial vegetation. (amd. 05-11-10)
HIGHWAY: A street or road designated as a highway by the state or federal
government.
HILLSIDE: Those areas designated as hillsides on Comprehensive Plan Map 5 or any
successor map approved by the Board as being a more accurate
representation of hillside lands in the Teton County. (amd. 11-14-2008)
HILLSIDE SUBDIVISION: The Hillside Overlay Provision shall be applied to applications for
development, as regulated in Section 9-3-2 (C,3) (amd. 06-05; amd. 11-
14-08)
IMPROVEMENT: Any alteration to the land or other physical construction associated with
subdivisions and building site developments.
IMPROVEMENT PLAN: The engineering drawings intended to be used in the construction of
street, trail, water, sewer, drainage, drainage facilities, fire protection,
landscape facilities, appurtenances, and other improvements (amd 2011-
03-17).
INDICATOR SPECIES AND INDICATOR HABITAT:
Big Game: Elk, Mule Deer and mountain shrublands
Trout: Cutthroat Trout, Rainbow Trout and perennial and seasonal
surface water (excluding ditches and irrigation water delivery systems)
Title 9 Revised 05/16/2013 Teton County Idaho Page 10 of 87
9-2-2 9-2-2
Water Birds: Sandhill Crane, Trumpeter Swan, and Palustrine emergent
wetlands
Songbirds and Raptors: Forested riparian habitat, and mountain
shrublands
Columbian Sharp-Tailed Grouse: Sagebrush-steppe, and mountain
shrublands (amd. 05-11-10)
INDIRECT IMPACT: Those adverse effects caused by the proposed action and occurring later
in time or farther removed in distance, but still reasonably foreseeable.
Indirect impacts may include effects related to changes in pattern of land
use, human presence and population density, and related effects on
natural systems and ecosystems. (amd. 05-11-10)
JUNK: Old or scrap metal, rope, rags, batteries, paper trash, rubber, debris,
waste, dismantled or wrecked vehicles and automobiles or parts thereof,
iron steel and other old or scrap ferrous and nonferrous material.
KITCHEN FACILITIES: A permanently installed means for cooking, such as a range or cook-top,
OR a permanently installed kitchen sink with the capacity to wash
dishes. (amd 2011-05-12)
LOT AREA: The area of any lots shall be determined exclusive of street, highway,
road or other rights of way. (amd. 06-05)
LOT/PLOT: A designated parcel, tract, or area of land established by plat,
subdivision, or as otherwise permitted by law, to be separately owned,
used, developed or built upon. (amd. 06-05)
LOT TYPES: As used in these regulations, lot types are as follows:
Corner Lot: A lot located at the intersections of two (2) or more
streets;
Flag Lot: A lot with a long easement on one side that creates the
image of a flag.
Interior Lot: A lot other than a corner lot, with frontage on only one
street.
Through Lot: A lot with frontage on more than one street other than a
corner lot.
MAXIMUM EXTENT All possible efforts to comply with the regulation and to avoid or
FEASIBLE: minimize adverse impacts have been undertaken. Documentation
Title 9 Revised 05/16/2013 Teton County Idaho Page 11 of 87
9-2-2 9-2-2
showing that an application has satisfied regulations subject to the
“maximum extent feasible” standard shall be presented with the
preliminary plat application. Economic considerations may be taken into
account but shall not be the overriding factor in determining "maximum
extent feasible." (amd. 11-14-2008)
MITIGATION: A design, action, or facility offered by an applicant for development
approval, or required by Teton County as a condition of development
approval, in order to avoid, minimize, or offset negative impacts of
development that would or might otherwise occur. Avoidance of
impacts and minimization of impacts are preferable to offsetting
mitigation measures. Mitigation shall be conducted onsite unless all
efforts to mitigate for development related impacts onsite have been
exhausted, in which case offsite mitigation proposals will be considered.
(Amd. 11-14-2008)
MONUMENT: A survey marker as defined in Idaho Code Section 50-1303.
MOUNTAIN SHRUBLANDS: Shrublands dominated by serviceberry, chokecherry, sagebrush,
(aka Mountain Brush) bitterbrush, snowberry and/or other native mountain shrub species. (amd.
05-11-10)
NONCONFORMING USE: A land use or activity, which was lawful prior to the adoption, revision,
or amendment of this title but which fails, by reason of such adoption,
revision or amendment, to conform to the present requirements of this
title.
OPEN SPACE: Significant tracts of land not under residential, mixed, institutional,
commercial or industrial use; however, open space may be held in
privately owned large lots of twenty (20) acres or more. Open space may
include sensitive environmental areas and productive uses including
agriculture or low impact recreation amenities. Open space shall not
include features such as streets, parking areas, constructions for
habitation, or building envelopes. Open space includes but is not limited
to lands set aside as a Community Benefit in a PUD generally in
exchange for density higher than that of the underlying zone. (Amd. 11-
14-2008)
OVERLAY AREAS: The boundaries of areas shown on the following maps or any successor
maps approved by the Board as a more accurate depiction of the type of
land, soil, feature, or risk indicated in the title to the map, or by
definition: (Amd.06-05; Amd.11-14-08)
A. (AV) Airport Vicinity Overlay: Those areas under the horizontal
and conical surfaces shown on the Airport Surfaces map
maintained by the City of Driggs.
Title 9 Revised 05/16/2013 Teton County Idaho Page 12 of 87
9-2-2 9-2-2
B. (FP) Flood Plain Overlay: Those areas shown on Comprehensive
Plan Map titled “The Official 100 Year Flood Plain required by
FEMA.”
C. (HS) Hillside Overlay: Those areas designated as hillsides on
Comprehensive Plan Map titled “The Critical Overlay Areas of
Teton County.”
D. (SC) Scenic Corridor Overlay includes: All lands lying within
three hundred thirty (330) feet of both sides of the rights-of-way
for Idaho State Highways 31, 32, 33 and Ski Hill Road from
Driggs city limits to the Wyoming stateline.
E. (WH) Wildlife Habitat Overlay: Those areas designated as
wildlife habitat on the Teton County Wildlife Overlay map, as
adopted and amended.
F. (WW) Wetlands and Waterways Overlay: Includes all lands
defined and regulated as wetlands through the federal clean water
act as administered by the U.S. Army Corps of Engineers and the
streams listed below. Because the existing WW Overlay as
mapped does not accurately identify all such areas, the WW will
be applied to: (1) all wetland areas identified on the U.S. Fish and
National Wetland Inventory Maps, unless a jurisdictional
determination is secured from the U.S. Army Corps of Engineers
(USACE) indicating the area as uplands; (2) all areas delineated
as wetlands and verified as such by the USACE; and (3) those
areas lying within three hundred (300) feet of the high water
mark of the following waterways: (amd. 05-11-10)
Badger Creek Mahogany Creek
Bear Creek Milk Creek
Bitch Creek Moose Creek
Bull Elk Creek North Leigh Creek
Darby Creek Packsaddle Creek
Drake Creek Patterson Creek
Dry Creek South Leigh Creek
Fox Creek Spring Creek
Game Creek Teton Creek
Grouse Creek Teton River
Grove Creek Trail Creek
Henderson Creek Twin Creek
Horseshoe Creek Warm Creek
Little Pine Creek (Amd.05-05; amd. 11-14-08)
OWNERSHIP: The individual, firm, association, syndicate, partnership or corporation
having any interest in the land to be subdivided.
Title 9 Revised 05/16/2013 Teton County Idaho Page 13 of 87
9-2-2 9-2-2
PALUSTRINE EMERGENT Wetlands dominated by rooted herbaceous wetland vegetation
WETLANDS: with less than 30% cover of woody plants (shrubs or trees). These
wetlands are coarsely mapped on USFWS National Wetlands Inventory
Maps (NWI) and labeled as PEM (e.g., PEMA, PEMC, PEMF). (amd.
05-11-10)
PARCEL/TRACT: A lot or tract as recorded on any plat or record on file in the office of the
county assessor, or any unplatted, contiguous parcel of land held in one
ownership and of record at the effective date hereof and its amendments,
general public, and access to the general public. (amd. 01-16-2002; amd.
06-05)
PARKING SPACE: Usable space within a public or private parking area or building of not
less than two hundred eighty (280) square feet in area and having at least
the dimensions of ten feet by twenty feet (10’ x 20’) exclusive of access
drives, aisles or ramps for the storage of one passenger automobile or
commercial vehicle.
PASTURE: An area seasonally used for grazing domestic animals. (amd. 11-14-
2008)
PERSON: This term applies broadly to include any natural person as well as any
organization or entity, including, but not limited to, a partnership,
corporation, association, or governmental entity.
PLANNED UNIT A subdivision of land consisting of separate residential
DEVELOPMENT (PUD): lots of record where conventional setbacks, lot sizes, or density may be
varied with adjacent land held in common, usually as open space, and
managed by a private entity or a homeowner’s association. Two (2) types
of PUDs are available under Title 9 – Rural Reserve PUD and Planned
Community PUD – each of which is defined and described in Chapter 5
of Title 9. (Amd. 11-14-2008; amd. 05-11-10)
PLANNING The Planning and Zoning Commission appointed by the Board of
COMMISSION: County Commissioners.
PLANNING The Planning, Zoning, Building & GIS Department of Teton County,
DEPARTMENT: Idaho. (amd. 11-14-2008)
PLAT: The map of a subdivision. A preliminary plat or a final plat. (Amd. 11-
13-2008)
PRINCIPAL: Primary; A separate, complete structure that is the larger/largest of the
structures. (amd. 11-14-2008)
PROFESSIONAL An engineer registered to practice engineering in the State of Idaho.
ENGINEER: (amd. 11-14-2008)
Title 9 Revised 05/16/2013 Teton County Idaho Page 14 of 87
9-2-2 9-2-2
PUBLIC HEARING AND A complete definition of the public hearing procedure is found in sections
NOTICE PROCEDURE: 67-6509, 67-6511, 67-6512, and 67-6519 of the Idaho Local Land Use
Planning Act of the Idaho Code, Chapter 65, Title 67. All public
hearings shall be noticed in accordance with these sections.
RECORD PLAT: A complete and exact subdivision plat, prepared for official recording, in
accordance with Title 50 of the Idaho Code and this Title 9, to define lot
boundaries, building envelopes, if applicable, proposed streets, and other
improvements, and to enable sale of subdivision lots (amd. 2011-03-17).
RESERVE STRIP: A strip of land between a partial street and adjacent property, which is
reserved or held in public ownership for future street extension or
widening.
RIDGE: The crest, or apparent crest, of a hill or mountain or linear crests of part
of a hill or mountain when viewed from the State Highways or Ski Hill
Road. (amd. 11-14-2008)
RIDGELINE: An area including the crest of a hill or slope and a vertical, perpendicular
distance in feet on either side of the crest within which development
would break the skyline. (amd. 11-14-2008)
RIDGELINE Development on or near the crest of a hill or mountain which has
DEVELOPMENT: the potential to cause skylining when viewed from the State Highways or
Ski Hill Road. (amd. 11-14-2008)
RIGHT OF WAY: A strip of land established by prescriptive use, dedicated, deeded or
reserved for use as a public way, which normally includes streets,
sidewalks and other public utilities or services areas. (amd. 01-16-2002)
RIPARIAN AREA: Areas contiguous to and affected by surface and subsurface hydrologic
features of perennial or intermittent water bodies (rivers, streams, lakes,
or drainage ways). Riparian areas generally have distinctly different
vegetative species than adjacent areas, or similar species with more
robust growth than adjacent areas. Riparian areas are often located
between wetland and upland areas. (amd. 11-14-2008)
ROAD: A right-of-way not less than sixty feet (60’) in width which has been
dedicated, deeded or has been established by prescriptive use for the
public use. The roads in the county are classified by the Idaho
Transportation Department as follows: (amd. 01-16-2002; amd. 06-05)
Private Road: A road or network of roads that has not been dedicated or
deeded to the public, however, may be open for public
use. These roads are not maintained by any public entity.
Rural Major Collector Road: The road or network of roads that
provide movement within the county onto and
Title 9 Revised 05/16/2013 Teton County Idaho Page 15 of 87
9-2-2 9-2-2
provide connection to the designated minor arterial roads.
These routes are gravel based all-weather roads that may
or may not be maintained throughout the year. These
roads require a minimum right of way of eighty feet
(80’).
Rural Minor Collector Road: The road or network of roads that
provide movement within the county and onto and
provide connection to the designated major collector
roads. These roads may be graveled or unimproved and
may be maintained but only on a summer-only basis.
These roads require a minimum right of way of sixty feet
(60’). (amd. 06-05)
State Highway: The road or network of roads that provide corridor
movement into and out of the county. The roads are State
Highways 31, 32, and 33. (amd. 06-05)
RURAL RESERVE AREA: All those areas of Teton County outside the cities and city areas of
impact. (amd. 11-14-2008)
SANITATION FACILITIES: A toilet, or other permanent conveyance for sewage as approved by the
District 7 Health Department. A detached privy, incinerating toilet, or
other alternative approved system shall be considered part of the
dwelling unit served. (amd 2011-05-12)
SETBACK: The shortest distance from a building on a lot to any property line, lot
line or public road right-of-way adjacent to said lot. (amd. 06-05)
SINGLE AGRICULTURAL The minimum size of an agricultural land parcel is twenty (20) acres.
LAND PARCEL: (Amd. 05-05)
SINGLE LAND SPLIT: The division of land as provided for under the “One Time Only Land
Split provisions of the Chapter 8 of the Teton County Subdivision
Ordinance. (Amd. 05-05)
SINGLE LEGAL All contiguous lands described in a single deed. Land which touches
PARCEL OF LAND: only at the corner point, is not contiguous. (Amd. 05-05)
SKYLINE OR NATURAL The visual line at which the earth or vegetation and the sky appear to
SKYLINE: meet. The skyline is typically viewed as the top, crest, or peak of a
ridge or hillside. (amd. 11-14-2008)
SKYLINING: An outline or silhouette of a structure against the background of the sky.
(amd. 11-14-2008)
STANDARD The specifications as specified in this title or as officially adopted by
SPECIFICATIONS: the county.
Title 9 Revised 05/16/2013 Teton County Idaho Page 16 of 87
9-2-2 9-2-2
STREET: A public street of not less than fifty feet (50’) in width with a 24’ wide
road surface that may or may not have been dedicated or deeded to the
public for public use. Within the county, street designations apply within
subdivisions and classifications shall not be classified as a road under the
definition of this or any other ordinance of the county. Street
classifications are as follows: (amd. 06-05)
Cul-de-Sac: A minor street, parallel to and adjacent to, a county road
that provides with a turnaround space at its terminus.
Frontage Street: A collector street, parallel to and adjacent to, a county
road that provides access to abutting properties and shall
have a designated right of way of fifty feet (50’). (amd.
06-05)
Loop: A minor or collector street with both terminal points on
the same street or road of origin. The minimum right of
way shall be determined by the classification of the street.
Minor Street: A street that carries traffic to a collector street or road
system and shall have a designated right of way width of
fifty feet (50’).
Partial Street: A dedicated right of way providing only a portion of the
required street width.
Private Street: A street that serves a single (1) residence or owner that
has not been dedicated or deeded to the public, however,
it may be open for public use. These streets are not
maintained by any public entity, but shall have a
minimum right of way of thirty feet (30’) with twenty feet
(20’) of drivable surface; more right of way may be
required depending on the use and location. (amd. 06-05)
STATE: The State of Idaho.
STRUCTURE: Any assemblage of materials into a finished product that stands above
the ground such as a building, fence, wall, billboards, mobile home, etc.
SUBDIVIDER: Any legal entity who subdivides a parcel of land may also be referred to
as a developer.
SUBDIVISION: A deeded tract of land existing on the land records of the county that is
divided into two (2) or more lots, parcels, or sites for the purpose of sale
or building development, whether immediate or future. (amd. 06-05)
The following are exempted from the above definition:
Title 9 Revised 05/16/2013 Teton County Idaho Page 17 of 87
9-2-2 9-2-2
A. Agricultural exemption: A bona fide division or partition of
agricultural land of agricultural purposes, which is the division of
land into lots/parcels, all of which are twenty (20) acres or larger
and maintained as agricultural lands. This exemption does not
apply to a division for residential purposes.
B. Sale or transfer of adjacent agricultural land: The conveyance,
sale, or transfer of any parcel of land in the zoning districts A-
2.5, or A-20 to an adjacent property and landowner for the
purpose of increasing the property size without changing the
agriculture use. (amd. 09-22-03)
C. A One-Time-Only-Split-Of-One-Parcel-Of-Land meeting the
requirements of Chapter 3, Section 9-3-1, of this Title 9 (amd.
2011-03-17).
SUBDIVISION DE FACTO: Three or more residential parcels or lots of deeded land that were
established as single parcels or lots through the use of individual land
divisions, but are now or may be located next to each other, and in fact
now meet the definition of a subdivision because the three lots are
contiguous and in reality cannot be distinguished from a three lot
subdivision except for the manner in which they were originally divided.
(amd. 06-05)
SUBDIVISION MASTER PLAN: A master plan for a particular subdivision/planned unit development
(PUD) that provides specific design standards and guidelines regulating
development and the use of property within the development that shall
be recorded as part of the subdivision process of the county. (amd. 09-
09-2002, 2011-03-17)
SURVEYOR: Any person who is licensed in the state as a public land surveyor to do
professional surveying.
TECHNICAL ASSISTANCE: Those qualified professionals, individuals or groups appointed to review a
subdivision or PUD application pursuant to section 9-3-2, Review
Process. (amd. 11-14-2008)
TRANSFER OF A process by which development rights may be transferred from
DEVELOPMENT RIGHTS: one parcel of land to another parcel of land. (amd. 06-05)
UNDUE HARDSHIP: Special conditions depriving the applicant of rights commonly enjoyed
by other property owners in the same district under the terms of this title;
not merely a matter of convenience or profit.
Title 9 Revised 05/16/2013 Teton County Idaho Page 18 of 87
9-2-2 9-2-2
UTILITIES: Installations for conducting water, sewage, gas, electricity, television,
storm water, telephone and similar facilities providing service to and
used by the public.
VARIANCE: A modification of the requirements of this title as to lot size, lot
coverage, width, depth, front yard, side yard, rear yard, setbacks, parking
space, height of buildings or other provision affecting the size or shape
of a structure or the size of lots. A variance shall not be considered a
right or special privilege, but may be granted to an applicant only upon
showing applicability of all of the following:
A. Undue hardship because of characteristics of the site; and
B. that the variance is not in conflict with the public interest; and
C. the need for a variance is not arising as a direct result of the
applicant's own actions.
VICINTIY MAP: A small-scale map showing the location of a tract of land in relation to a
larger area. A vicinity map should be clearly labeled with road names
and/or other clearly identifiable landmarks or features. (Title 9 as amd.
through 9-25-2000)
WIND TURBINE: An alternative energy device which converts wind energy by means of a
rotor to mechanical or electrical energy that shall be erected 50 feet from
the property line, and of which the tower shall not extend more than 35
feet above the natural grade and not located in the scenic corridor.
Further, with only one wind turbine allowed per residential lot. A wind
turbine may also be deemed a windmill. (amd. 01-23-2006)
YARD: A space on a lot, other than a court, unoccupied and unobstructed by
buildings and/or structures from the ground upward, except as otherwise
provided herein.
ZONE/ZONING DISTRICT: A portion of the unincorporated area of the county shown on the
approved zoning map and associated with this title, and given formal
zoning district designation.
Title 9 Revised 05/16/2013 Teton County Idaho Page 19 of 87
9-3-1 9-3-1 (C-2)
CHAPTER 3
PROCEDURE FOR APPROVAL
SECTION
9-3-1: One Time Only Split of One Parcel of Land
9-3-2: Subdivision or PUD
9-3-1: ONE TIME ONLY SPLIT OF ONE PARCEL OF LAND
A. PURPOSE: The purpose of this chapter is to provide for a division of large land parcels in
the county as outlined below and to provide a landowner the opportunity to split a large parcel of land
meeting specific criteria into two (2) parcels. (Title 9 as amd. through 9-25-2000)
B. INTENT:
1. It is the intent of this section to provide for an expedited process to split a parcel of land
having at least 20 acres into two (2) parcels. This provision is meant to accommodate owners
who wish to break off a single parcel to transfer to another party. No more than one (1) One
Time Only Land Split shall ever be exercised on any given parcel. Future splits will be required
to follow a formal subdivision process.
2. It is not intended that this chapter be used in conjunction with any other portions of this
title to obtain additional land splits; nor is it the intent for the property owner to create a
subdivision without complying with the requirements of this title. For instance, a parcel may
not be split using the twenty (20) acre subdivision agriculture exemption, and then be subject to
this One Time Only Land Split provision, creating multiple lots without formal subdivision
review. Further, this section is not intended to create additional lots within approved
subdivisions. (Title 9 as Amd. through 09-25-2000; Amd. 09-22-2003; Amd 11-15/2012)
C: ONE TIME ONLY SPLIT OF ONE PARCEL OF LAND: Notwithstanding the procedures
outlined in this title and title 9 of this code, a one time split of one parcel of land shall comply with the
following:
1. Split Allowed: An applicant must have a parcel with at least 20 acres of land to apply
for a one-time-only lot split to create two (2) lots from the one. The minimum lot size for any
newly created lot shall conform to underlying zoning. (Amd. 11/15/2012)
2. No Further Split: The two (2) lots created by this split shall not be split or divided
further without full compliance of the provisions of this Title and Title 8 of this code. The
provision of the one time only split of one parcel of land applies to the property and not the
owner(s). (Title 9 as amd. through 9-25-2000)
9-3-1 (D) 9-3-1 (E-3)
Title 9 Revised 05/16/2013 Teton County Idaho Page 20 of 87
D. CRITERIA FOR APPROVAL: The Planning Administrator shall approve applications of
one time only lot splits when all of the following criteria have been met:
1. The proposed split conforms with the underlying zoning district.
2. Parcels in platted subdivisions shall not be split.
3. Parcels of land with deed restrictions shall not be split unless the split conforms to the
restrictions of the deed.
4. The original parcel of land is at least 20 acres in size. (Amd. 11/15/2012)
5. The land split, or the combination of land splits, does not create a de facto subdivision,
nor has the split been used in conjunction with other provisions of this title to create a de facto
subdivision. (Amd. 11/15/2012)
6. Teton Coounty Fire Marshal approval in writing and signature on the survey to indicate
that the split is acceptable according to the fire codes. (amd. 12/12/05; Amd. 11/15/2012)
7. The survey be created by a licensed surveyor in the State of Idaho and shall comply
with all local and state regulations. (amd. 12/12/05; Amd. 11/15/2012)
8. The land split would provide each parcel with legal access for ingress/egress and utility
easements. (amd. 12/12/05)
9. The land split would not result in harm to the public health, safety or welfare of the
County. (amd. 12/12/05)
E: PROCESS FOR ONE TIME ONLY SPLIT OF ONE PARCEL OF LAND:
1. Deeds; Restriction: The applicant shall provide two (2) draft deeds (unrecorded) for the
proposed new lots that shall be created providing the land split is approved and a survey created
by a licensed land surveyor in the State of Idaho.. The deeds shall contain a restriction clearly
stating that these parcels cannot be split again under the provisions of this title. (Amd. 09-22-
2003; Amd. 11/15/2012)
2. Action by the Planning Administrator: The Planning Administrator shall review and
may approve or disapprove the application. The proposed survey shall be reviewed for
compliance with all state and local requirements. An application that is disapproved may be
appealed to the Board of County Commissioners for review and final determination. (amd. 05-
13-2002; amd. 09-22-2003; Amd. 11/15/2012)
3. Fees: Fees for this process shall be in accordance with the current fee schedule and are
due at the time of submission of the application for review by the Planning Department. Pass-
through fees for outside survey review shall be paid in full before the survey and deeds may be
recorded. The fees for this process are nonrefundable after the Planning Department reviews
the proposed land split. (Amd. 11/15/2012)
Title 9 Revised 05/16/2013 Teton County Idaho Page 21 of 87
9-3-1 (E-4) 9-3-2 (A-2-c)
4. Voiding or Canceling of Approved Application: The original applicant desiring to void
or cancel an approved application shall submit a plat of survey to be recorded with deeds that
restore the land to its prior deeded condition and land use. The County Assessor may void the
existing documents upon a written certified request of the original applicant with the
documents required above without additional fees. (amd. 06-05)
5. Submission to Planning Department: All required materials outlined above for a one
time only split of one parcel of land may be submitted to the Planning Department at any time.
An application that is approved and not recorded within six (6) months of the date of approval
shall be cancelled. (amd. 09-22-2003)
6. Additional Submission: Additionally, a GIS-compatible digital version of the line work
used to create the survey (e.g. DWG file), with layer separation for each plan view sheet which
defines ownership boundaries shall also be required at the time of recordation. The
development boundary, the individual lot or unit boundary lines, easement lines, and line
annotation shall be provided on separate working layers from sheet information. A survey tie,
or ties, to a corner of the Public Land Survey System (PLSS) shall also be required. The file
shall be submitted in the State Plane Coordinate System, Eastern Idaho Zone, NAD 83 datum,
and units of feet. (amd. 05-16-2013)
9-3-2: SUBDIVISION OR PLANNED UNIT DEVELOPMENT: Applications for the
creation of lots or parcels that do not qualify for processing as a One Time Only Split of a Single
Parcel of Land under section 9-3-1 shall follow the procedures established in this section 9-3-2. This
process shall be used for all subdivisions and PUDs.
A. GENERAL INFORMATION:
1. Submission of Application: Any person desiring to create a “subdivision” or “planned
unit development (PUD)” as defined in Chapter 2 shall submit all necessary applications,
checklists, accompanying materials including maps and plans, together with the filing fees,
which are non-refundable, to the Planning Department. The submission of the application shall
follow the procedures in this Title. The application shall be submitted on forms approved by
the Board. The Planning Administrator shall review the application, checklist and materials for
completeness at each phase. If the submission is determined by the Planning Administrator to
be complete, a staff report will be prepared, and upon receipt of the associated documents and
fees, the appropriate public hearing shall be scheduled. At each phase, if the application is
found to contain deficiencies by the Planning Administrator it will be returned to the applicant
with a written explanation of the basis for its return and a public hearing shall not be scheduled
until the deficiencies are corrected and the complete application is resubmitted. (Amd. 06-05)
2. Phases of Approval Process: The process for approval of a subdivision or planned unit
development (PUD) is a three (3)-phase process. It is the intent of this process to provide for an
orderly way for the county to review each subdivision or PUD for conformance with the
comprehensive plan, county ordinances, and state code. No subdivision or PUD shall be
considered approved until the final master plan, development agreement, and final plat are
approved by the Board of County Commissioners, the required fees have been paid, and
the financial guarantees have been provided to the county.
Title 9 Revised 05/16/2013 Teton County Idaho Page 22 of 87
9-3-2 (A-2) 9-3-2 (B-1)
a. The first phase is the Concept Review as explained in section 9-3-2 B;
b. The second phase is the Preliminary Plat as explained in section 9-3-2 C;
c. The third phase is the Final Plat as explained in section 9-3-2 D.
3. Time Limitation: From the Planning Administrator’s determination that the Concept
Review Application is complete, to approval of the final plat, there is a time limit of three (3)
years. If the final plat is not approved by the Board of County Commissioners by the end of the
three (3) year period, one extension of up to twelve (12) months may be granted by the Board
of County Commissioners pursuant to 9-3-2 (D-2-J) (amd. 2011-03-17).
4. Restrictions: Construction of improvements public or private shall not be allowed until
the final plat has been approved and lots shall not be sold or offered for sale until the
improvements have been completed and the record plat has been recorded (amd.11-14-08 and
2011-03-17).
B. CONCEPT REVIEW PHASE:
1. Overview: Prior to submittal of a Concept Plan application, a pre-application
conference is required with the Planning Administrator to review the proposal with staff, to
determine studies and data needed for Concept Plan review, and to determine whether
variations to the requirements of Title 9 may be necessary. The purpose of the pre-application
conference is to: (amd. 2008-11-14)
a. Acquaint the applicant with the procedural requirements of Title 9; (amd. 11-
14-2008)
b. Provide for an exchange of information regarding applicant’s proposed
development ideas and the regulations and requirements of Title 9, the Master Plan, the
Natural Resources Assessment, and other subdivision/PUD requirements; (amd. 11-14-
2008)
c. Advise the applicant of any public sources of information that may aid the
applicant or the application, and identify policies and regulations that create
opportunities or pose significant restraints for the proposed development; (amd. 11-14-
2008)
d. Review the sketch plans, if any, and provide the applicant with opportunities to
improve the proposed plan in order to mitigate any undesirable project consequences;
(amd. 11-14-2008)
e. Review the compatibility with nearby land uses, either proposed or existing;
and (amd. 11-14-2008)
Title 9 Revised 05/16/2013 Teton County Idaho Page 23 of 87
9-3-2 (B-1) 9-3-2 (B-4)
f. Provide general assistance by County staff on the overall design of the proposed
development. (amd. 11-14-2008)
2. Concept Review: A concept review with the Planning Administrator is a required
first step in the development process. This meeting is scheduled with the Planning
Administrator at which time a review of the Concept Application, Concept Drawings, and
Concept Review Checklist will be completed with the developer. The Planning Administrator
will determine if the application is eligible for administrative review or will need a public
hearing before the Planning Commission (amd. 2011-03-17).
For all subdivision/PUD applications of 10 lots or more, or if any of the project falls within any
overlay area, or those applications that the Planning Administrator determines will have a large
impact on the surrounding neighborhood or the public health, safety or welfare a public concept
hearing will be required. All other applications may be reviewed by the Planning
Administrator (amd. 2011-03-17).
After the concept application is deemed to be complete, the Planning Administrator will
prepare a written staff report. If the application can be reviewed administratively, the
Planning Administrator will accept or deny the application within sixty (60) days and submit
the reasoning for the determination with the staff report to the applicant.. If approved, the
applicant may then prepare to proceed to the Preliminary Plat Phase. The applicant, although
not required, may seek the guidance of the Planning Commission prior to proceeding to
Preliminary Plat. At the request of the applicant, who chooses to consult with the Planning
Commission, the Planning Administrator will schedule a time and place on the next
available agenda of the Planning Commission. This public meeting between the applicant and
the Planning Commission would provide additional guidance and feedback with respect to the
proposed development. Guidance or feedback provided to the applicant in this meeting
would not be binding on either the applicant or the County (amd. 2011-03-17).
If a public hearing before the Planning Commission is required, the Planning Administrator
will submit a staff report to the Planning Commission for the next available regularly scheduled
meeting. Noticing shall be in accordance with 67-6509 of the Idaho State Statute. (amd.06-05
and 2011-03-17)
3. Purpose of Concept Review: The purpose of the Concept Review is to discuss, in
general, the feasibility and possibility of building the proposed subdivision or PUD including
its conformity with the Comprehensive Plan, its relationship to surrounding development, any
site conditions that may require special consideration or treatment, and to discuss and review
the requirements of this Title, Title 8, and Title 6, chapter 6 of this code. It is not to determine
the exactness of each item required in the checklists of the preliminary and final plat process.
(amd. 06-05)
4. Consideration for Approval: In determining the acceptance of a proposed subdivision
or PUD, the County shall consider the objectives of this Title, in addition to the specifics
required in the checklist for this phase, and in a general way at least the following:
a. The conformance of the subdivision/PUD with the comprehensive plan.
Title 9 Revised 05/16/2013 Teton County Idaho Page 24 of 87
9-3-2 (B-4) 9-3-2 (C-1)
b. The availability of public services to accommodate the proposed development.
c. The conformity of the proposed development with the capital improvements
plan.
d. The public financial capability of supporting services for the proposed
development.
e. Other health, safety or general welfare concerns that may be brought to the
County's attention. (amd. 06-05)
5. Application: The applicant shall submit a completed concept plan application to
include the completed checklist requirements and accompanying required materials including
non-refundable fee, in accordance with the fee schedule, to the Planning Administrator for
review. (amd. 11-14-2008)
6. Review: Upon approval of the application and materials by the Planning Administrator
or the Planning Commission the applicant may proceed to the Preliminary Plat Phase. (amd 11-
14-2008 and 2011-03-17)
7. Complete Application: The concept review meeting(s) with the Planning Administrator
and a complete checklist shall constitute acceptance of the application for review. The date
upon which the concept plan application is determined complete, signed and dated by the
Planning Administrator shall constitute the beginning of the approval/disapproval process for
the development. (amd. 11-14-2008 and 2011-03-17)
C. PRELIMINARY PLAT PHASE:
1. Overview: After the application has been accepted per section 9-3-2 (B-6) the applicant
may file a subdivision or planned unit development (PUD) application and completed checklist
for the Preliminary Plat, Master Plan and other required Plat materials. The statutory checklist
contains specific requirements for the Preliminary Plat submission and shall accompany the
application. The Preliminary Plat phase is a two-step process (amd. 2011-03-17).
a. A Preliminary Plat hearing shall be scheduled on the next available agenda of
the Planning Commission but not later than 90 days after an officially completed
Preliminary Plat application is accepted by the Planning Administrator (amd. 2011-03-
17). An officially noticed public hearing is required for this phase of the subdivision
process. Notice of date, time, and location of the Preliminary Plat hearing will be
published in accordance with Idaho Code. The public is encouraged to attend and
participate.
b. After the Planning Commission makes its recommendation and a revised
Preliminary Plat application is accepted by the Planning Administrator, a second
Preliminary Plat hearing shall be scheduled on the next available agenda of the Board.
An officially noticed public hearing is required for this phase of the subdivision process.
Title 9 Revised 05/16/2013 Teton County Idaho Page 25 of 87
9-3-2 (C-1) 9-3-2 (C-2)
Notice of date, time, and location of the Preliminary Plat hearing will be published in
accordance with Idaho Code. The public is encouraged to attend and participate (amd.
2011-03-17).
This two-step Preliminary Plat review process is the phase of the process where the
fact-finding details and specifics required by ordinance, and law, are determined. All of
the issues surrounding necessary infrastructure will be resolved or have a clearly
identified solution to the satisfaction of the County prior to scheduling of the third and
final phase of the process. When this phase is finished the necessary information,
studies, plats etc. shall be completed to meet the requirements of this phase of
development and the requirements of the Final Plat phase. The public hearing for the
Final Plat phase of development shall not be scheduled until all documentation is
deemed complete by the Planning Administrator (amd. 2011-03-17).
2. Application:
Filing and Required Material: The subdivision/PUD application, the Preliminary Plat, the
completed Preliminary Plat checklist, all required fees, a landscaping and land management
plan, preliminary fire district approval, water right availability, proposed building envelopes,
draft public improvement plans, incorporation of trails shown on the trail maps
adopted by the County, depiction of waterways and public lands access routes through or
adjacent to the proposed subdivision, depiction of any Overlay Areas defined by Titles 8 and 9
on the proposed subdivision property, plus any other required materials and non-refundable
fees must be filed with the Planning Administrator. If all or part of the proposed subdivision
is located in an Overlay Area defined in Title 8 or Title 9, any specific studies or documents
required by regulations governing Overlay Areas shall be presented with the application. All
required Public Agency comment letters as included in the application checklist must be
submitted to the Planning Administrator before proceeding to public hearing. The application
materials shall include the following as applicable: (amd. 05-11-10)
a. Maps:
i. A map showing all existing public access routes to public land and
waterways passing through or adjacent to any portion of the land included in the
application. (amd. 11-14-08)
ii. A map showing any Overlay Areas required by Titles 8 and 9 on the
proposed subdivision/PUD property. Overlay Areas in Title 9 are the (HS)
Hillside Overlay and the (WH) Wildlife Habitat Overlay. Overlay Area
descriptions in Title 9 follow:
(a) (HS) Hillside Overlay: The purpose of this overlay is to provide
a process to ensure that hillsides that have special characteristics and
concerns related to standard development patterns and densities can be
protected and enhanced when development occurs.
Title 9 Revised 05/16/2013 Teton County Idaho Page 26 of 87
9-3-2 (C-2- 9-3-2 (C-2)
(b) (WH) Wildlife Habitat Overlay: The purpose of this overlay is to
indicate lands where there appears to be potential habitat for designated
species of fish and wildlife and to ensure that development is located,
designed, and constructed to minimize damage to that habitat or its use
by wildlife.
b. Natural Resources Analysis: If the proposed subdivision contains any lands
included in any of the Overlay Areas defined in Title 9 or in any of the overlay
areas defined in Title 8, except the AV Airport Overlay Area, the applicant
shall have a qualified professional approved by the Planning Administrator
prepare a Natural Resources Analysis for the entire application parcel along with
the preliminary plat and checklist application. (amd. 11-14-08; amd. 05-11-10)
i. Existing Conditions Inventory: The Natural Resources Analysis shall
describe the following types of existing conditions on the application parcel in
the following areas: (amd. 11-14-08)
(a) Floodplains, wetlands, and riparian areas;
(b) Areas of geological or seismic hazard shown designated on
documents prepared by or for any state or federal agency;
(c) Areas of the property located within an area of “High” or
“Extreme” wildfire danger, as designated on the latest adopted plan of
the Teton County Fire Protection District;
(d) Existing vegetation communities and covertypes as defined
inMerigliano, M. 2009. A Field Manual for Classified Vegetation in the
Upper Snake River Valley.; (amd. 05-11-10)
(e) Ridges and rock outcroppings; and
(f) Areas of the property that are located within one (1) mile of any
State Highway or Ski Hill Road and are visible from any State Highway
or Ski Hill Road. (amd. 11-14-08)
ii. Maps and figures:
(a) Map showing all existing public access routes to public land and
waterways passing through or adjacent to any portion of the land
included in the application. (amd. 05-11-10)
(b) Site location map depicting project area and proposed subdivision
boundary on USGS quadrangle 7.5 minute topo at scale of 1” = 2,000’.
(amd. 05-11-10)
Title 9 Revised 05/16/2013 Teton County Idaho Page 27 of 87
9-3-2 (C-2) 9-3-2 (C-2-c-HS)
(c) Map showing any Overlay Areas defined by Titles 8 and 9 on the
proposed subdivision property. Overlay Areas in Title 9 are the (HS)
Hillside Overlay and the (WH) Wildlife Habitat Overlay. Overlay Area
descriptions in Title 9 follow: (amd. 05-11-10)
(1) (HS) Hillside Overlay: The purpose of this overlay is to
provide a process to ensure that hillsides that have special
characteristics and concerns related to standard development
patterns and densities can be protected and enhanced when
development occurs. (amd. 05-11-10)
(2) (WH) Wildlife Habitat Overlay: The purpose of this overlay
is to indicate lands where there appears to be potential habitat for
designated species of fish and wildlife and to ensure that
development is located, designed, and constructed to minimize
damage to that habitat or its use by wildlife. (amd. 05-11-10)
(d) Existing Conditions Map: Each of the natural resource areas
listed in the Existing Conditions Inventory items ‘a’ through ‘f’, if
applicable, shall be shown on a map that also shows the proposed
location of building envelopes, roads, pathways, and trails in the
proposed subdivision. (amd. 05-11-10)
c. Overlay Regulations:
(HS) Hillside Overlay Regulations: The HS Overlay Area shall be applied to all
land(s) located within the HS Hillside Overlay Area (as defined in Chapter 2)
that have slopes over twenty percent (20%) and to all roads and driveways
providing access to those building sites.
i. Documentation Required: The applicant shall submit the following
documents for any portion of a development that is within the HS Hillside
Overlay Area:
(a) Contour Plan: A contour plan showing the vertical elevation for
all portions of the proposed development, showing elevation in vertical
intervals of not more than five (5) feet as part of the development
application and identifying where each building envelope, street, and
driveway will be located in relation to those contour lines.
(b) Grading Plan: A plan describing grading and cut-and-fill
required for construction of the proposed development, amounts of cut-
and-fill material required for the development, and proposed sites for
borrow or waste materials. The Grading Plan may be combined with the
Contour Plat as long as the resulting document clearly identifies both the
Title 9 Revised 05/16/2013 Teton County Idaho Page 28 of 87
9-3-2(C-2-c-HS) 9-3-2(C-2-c-HS)
pre-development and post-development contours and the amounts of
grading or cut-and-fill required for each portion of the development.
(c) Geology and Soils Report: A report containing all available
information from state or federal agencies, as well as any available local
studies, regarding the nature and mechanical properties of existing soils
and the underlying hydrology and geology of the site. It will also
include a statement from a professional engineer as to whether the
geology, hydrology, or soils on the parcel create an increased risk of
danger to human life, damage to property, soil erosion, or contamination
of surface or groundwater when compared with the site prior to
development. If the report identifies additional risks it shall identify
potential steps, if any, that could effectively reduce or mitigate those
risks. (Amd.06-05)
(d) Slope Stabilization and Revegetation Plan: A plan identifying
slope stabilization measures to be installed, types and amounts of
vegetation to be removed, and demonstrating that an equal or greater
amount of vegetated material shall be replaced on the site.
(e) Building Envelope Location: Building envelopes for all principal
and habitable buildings shall be identified in the application documents,
and shall meet the following standard: (amd. 11-14-08)
(1) No building envelope shall be located on a portion of the
development parcel geological hazard area on any map prepared
by a state, federal, or county agency and adopted by the Board
unless the applicant submits a statement signed by a professional
engineer that, based on information provided in the application
documents, the risks of danger to human life and damage to
property from geological subsidence will not be significantly
higher than similar risks on properties in Teton County located
outside of mapped geological hazard areas. (amd. 11-14-08)
(2) Where building envelopes are located on any portion of
the development parcel identified as areas of “High” or
“Extreme” wildfire risk as shown on the latest adopted version of
the Teton County Wildland Fire Mitigation Plan, the Fire
Marshal of the Teton County Fire Protection District shall be
consulted regarding mitigation of risks, shall comply with the
most recent version of Resolution # 3, Urban Wildland Interface
Assessments, and shall mitigate such risks to the satisfaction of
the Teton County Fire Protection District. (amd. 11-14-08)
(3) No building envelope shall be located on a portion of the
development parcel with a slope over thirty percent (30%).
(amd.11-14-08)
Title 9 Revised 05/16/2013 Teton County Idaho Page 29 of 87
9-3-2(C-2-c-HS) 9-3-2(C-2-c-HS)
(4) Building envelopes shall be located at least one hundred
(100) horizontal feet from the top of each ridge to the maximum
xtent feasible. (amd.11-14-08)
(5) Building envelopes shall be located to avoid rolling
hillside, meadows, existing rock outcroppings, and significant
stands of trees and shrubs to the maximum extent feasible. (amd.
11-14-08)
(f) Street and Driveway Location: Streets and driveways shall be
aligned and located to make gradual changes across contour lines (rather
than running directly up or down slopes) and to avoid street and
driveway grades of more than eight percent (8%) unless a variance is
granted. Streets and driveway design shall comply with adopted county
requirements. One-way streets are permitted and are encouraged where
they would reduce grading or cut-and-fill requirements or allow streets
to more closely follow natural contour lines without endangering public
safety. Shared private driveways, clustered parking areas, and on-street
parking shall be used if they would enable the proposed development to
meet the requirements of this Section. (amd. 11-14-08)
(g) Avoiding Hillside Disturbance: All development shall be
designed minimize requirements for cut-and-fill that alters the natural
terrain. Essential grading and cut-and-fill shall be shaped to blend with
the natural terrain of the site to the maximum extent feasible. Phasing of
development shall occur so that infrastructure and improvements can be
completed within one construction season, thereby ensuring that large
areas are not left bare and exposed during the winter/spring runoff
period. (amd. 11-14-08)
(h) Revegetation: The applicant shall revegetate all areas disturbed
by grading or cut-and-fill activity with plants similar to those on the
remainder of the development site as each stage of grading is completed,
and no later than one (1) year after construction. Revegetation shall use
plants that can recover from fire damage and do not contribute to a rapid
rate of fire spread. (amd. 11-14-08)
(i) Design: The top of the foundation of the primary structures shall
be located at least thirty (30) vertical feet below the elevation of the top
of the ridge to the maximum extent possible. If not feasible, the
applicant shall submit a mitigation/landscaping plan to adequately
minimize the visual impact. The color of all roofs shall be similar to the
colors of surrounding vegetation or land features. Roofing materials shall
not be of highly reflective materials according to ASTM C609-07, Light
Reflectivity Index. (amd. 11-14-08)
Title 9 Revised 05/16/2013 Teton County Idaho Page 30 of 87
9-3-2(C-2-c-HS) 9-3-2(C-2-c-WH)
(j) Maintenance and Repair: The applicant shall remain responsible
for maintaining and repairing all graded surfaces, required revegetation,
erosion prevention devices, retaining walls, and other structures required
for compliance with this Section unless and until such responsibilities are
assumed by a homeowner’s association with powers to levy dues and/or
assessments as needed to carry out its responsibilities. (amd. 11-14-08)
(k) Utilities: All service utilities (including but not limited to electric
and telecommunication lines) shall be placed underground. (Amd.06-05)
(WH) Wildlife Habitat Overlay Regulations: The WH Wildlife Habitat
Overlay regulations shall apply to the entire subdivision if the proposed
subdivision includes any portion of lands within the boundaries of the WH
Overlay Area (as defined in Chapter 2) Underlying zoning will not be affected
by the WH Overlay. The WH Overlay Regulations shall not be interpreted or
applied in any manner to reduce the density permitted by the underlying zone.
(amd. 11-14-08; (amd. 05-11-10)
i. If the proposed subdivision is located in the Wildlife Habitat Overlay,
the Natural Resources Analysis (required in 9-3-2 (C-2-b) shall contain the
following additional items: (amd. 05-11-10)
(a) Documentation:
(1) Wildlife Habitat Assessment;
(2) Impact Analysis and Mitigation Plan; and
(3) Land Management Plan.
(b) Maps:
(1) Depiction of big game winter range on and within 1 mile of the
proposed subdivision;
(2) Depiction of information pertinent to the Wildlife Habitat
Assessment (i.e. areas of indicator habitat wildlife utilization,
wildlife observations);
(3) Depiction of proposed impacts to wildlife and indicator habitat;
and;
(4) Depiction of proposed mitigation treatment measures and
treatment areas. (amd. 05-11-10)
Title 9 Revised 05/16/2013 Teton County Idaho Page 31 of 87
9-3-2(C-2-c-WH) 9-3-2(C-2-c-WH)
ii. Technical Review: As soon as the Planning Department has
determined that a preliminary plat application is ready for technical review, the
County will send all applicable documents to the Idaho Fish and Game
Department (IDFG) for their comments. Additionally, the Commission or
Board may request other technical assistance to review and comment on the
submitted materials. All communication with the IDFG will be through the
Planning Department, and not directly between the applicant and IDFG.
Documents shall be presented in final draft form, substantiated by a qualified
professional. A 45-day review process by IDFG will begin on the date that
the preliminary plat application is received and date stamped by the IDFG.
IDFG will notify the Planning Department when it has received an
application. IDFG will forward their comments to the Planning Department
within 45 days. If IDFG comments are not received within 45 days, it will
be judged that there are no IDFG comments on the application. Upon receipt of
IDFG comments/recommendations, the Planning Department will forward
those comments/recommendations to the applicant. The applicant will be given
the opportunity to propose changes based on input from IDFG before the
Preliminary Plat hearing is scheduled. If the IDFG has made recommendations
based upon their expertise regarding the proposed subdivision, the proposed
mitigation plan or the open space management plan, and the application does not
incorporate some or all of IDFG’s recommended changes, the Commission or
Board may require that the application incorporate those changes as a condition
of approval. (amd. 05-11-10)
iii. Wildlife Habitat Assessment:
(a) If the proposed subdivision includes any lands shown on the WH
Overlay map, the applicant shall arrange for a qualified person who has
demonstrated appropriate expertise in the fields of resource biology,
fish or wildlife management, and similar disciplines to complete the
Wildlife Habitat Assessment portion of the Natural Resource Analysis.
(amd. 05-11-10)
(b) The wildlife habitat assessment shall describe, evaluate, and
quantify (as appropriate) habitat for the indicator species. (amd. 05-11-
10)
(c) The wildlife habitat assessment need only address indicator
species shown on the WH Overlay map for the application parcel; for
example if the WH Overlay map indicates habitat for big game but not
songbirds, the assessment must address indicator species and habitat for
big game, but not the indicator species or habitat for songbirds. (amd.
05-11-10)
Title 9 Revised 05/16/2013 Teton County Idaho Page 32 of 87
9-3-2(C-2-c-WH) 9-3-2(C-2-c-WH)
(d) If the wildlife habitat assessment finds that the natural condition
of the applicant’s property has been disturbed, other than by farming or
ranching or similar
agriculture activities for a period of 15 years or more, then the
assessment shall also include an analysis of wildlife habitat abutting the
applicant’s property. If an on-site assessment of undisturbed abutting
lands is not possible, then all available data from other sources shall be
used. If there is evidence of indicator species or indicator habitat on
the undisturbed abutting property and it is determined that similar habitat
conditions could be restored on the applicant’s property, the areas where
restoration could occur must be included in the Natural Resources
Analysis and shown on the Existing Conditions Map described in section
9-3-2 (C-2-b-ii(d)); (amd. 05-11-10)
(e) If the wildlife habitat assessment finds that indicator species and
indicator habitat are not present on the property or will not be affected by
the proposed subdivision, then such findings should be addressed in the
Impact Analysis and Mitigation Plan section of the Natural Resource
Analysis; and (amd. 05-11-10)
(f) If the Commission determines that a wildlife habitat assessment
is incomplete, inaccurate or misleading, the Commission may return the
assessment to the applicant with instructions to revise. (amd. 05-11-10)
iv. Impact Analysis and Mitigation Plan: The application shall include an
Impact Analysis and Mitigation Plan prepared by a qualified professional based
on the Natural Resources Analysis and Wildlife Habitat Assessment required
above. The Impact Analysis and Mitigation Plan shall:
(a) Identify and analyze the type, duration, and intensity of direct and
indirect impacts to indicator species and indicator habitat reasonably
expected to result from the proposed subdivision (inclusive of
infrastructure layout, proposed recreational uses, anticipated human
presence, anticipated land uses, proposed wildland fire protection
measures, etc.);
(b) Address how applicant intends to avoid, or minimize and
mitigate any impacts to indicator species and indicator habitat.
Avoidance of impacts is preferred to minimization of impacts with
mitigation;
(c) Provide a list of proposed mitigation measures, that may include
habitat preservation, restoration, enhancement, and creation and an
analysis of the probability of success of such measures.
Title 9 Revised 05/16/2013 Teton County Idaho Page 33 of 87
9-3-2(C-2-c-WH) 9-3-2(C-2-c-WH)
If the impact mitigation plan requires significant construction or
restoration activities, the County shall require that the applicant provide a
financial security in the form of a letter of credit for 125% of the
estimated cost of those activities, with the letter of credit to be released
when the construction or restoration has been completed as described in
the impact assessment and mitigation plan. (amd. 11-14-08; amd. 05-11-
10)
v. Land Management Plan: The Natural Resources Analysis shall include a
Land Management Plan prepared at the applicant's expense by a qualified
professional who has demonstrated appropriate expertise in the fields of
resource biology, fish and wildlife management, or similar disciplines. The
Land Management Plan shall: (amd. 05-11-10)
(a) Describe how open areas will be managed, monitored, and
maintained to preserve, restore, or enhance their value as wildlife
habitat; (amd. 05-11-10)
(b) Clearly identify responsibilities for managing, monitoring, and
maintaining common lands and open areas; (amd. 05-11-10)
(c) Clarify how noxious weed eradication and control will be
conducted to avoid harm to natural resources; (amd. 05-11-10)
(d) Identify how competing uses of the open areas will be
managed to avoid adverse impacts to wildlife and habitat; (amd. 05-11-
10)
(e) Clarify how household pets will be managed to avoid adverse
impacts on wildlife and habitat;
(f) Demonstrate the administrative and technical competence of the
applicant or the implementing entity to successfully execute the plan;
(amd. 11-14-08)
(g) Identify a confirmed source of funding adequate to cover the
expenses of management, monitoring, and maintenance as described in
the plan; and (amd. 11-4-08)
(h) Describe management strategies that will be utilized to minimize
interaction and co-mingling between livestock and big game animals and
to minimize the risk of disease transmission between livestock and big
game animals, if the Wildlife Habitat Assessment identified big game
habitat or indicator species. (amd. 05-11-10)
vi. Design Review: All development shall be subject to design review to
Title 9 Revised 05/16/2013 Teton County Idaho Page 34 of 87
9-3-2(C-2-c-WH) 9-3-2(C-2-c-WH)
ensure that the location of buildings, structures, and land development shall
avoid or mitigate impacts to mapped indicator species and habitat to the
maximum extent feasible. (amd. 11-14-08; amd. 05-11-10)
Design Review Criteria: A development application shall only be
recommended for Board approval if the Commission finds that the Natural
Resources Analysis (including Wildlife Habitat Assessment, Impact Analysis
and Mitigation Plan, and Land Management Plan) is complete, accurate, and
adequate. Specific guidelines include, but are not limited to, the following:
(a) Building envelopes shall be located:
(1) To minimize fragmentation of any functional, intact areas of
native vegetation and indicator habitat; (amd. 05-11-10)
(2) To avoid rare landscape elements such as unique rock
formations, sheltered draws or drainage ways, or other features, and
locate buildings near areas containing more common landscape
elements;
(3) To maintain connections among fish and wildlife habitats and
to protect sensitive fish and wildlife breeding areas;
(4) To provide adequate buffers between any building envelope
for a habitable building and; (amd. 05-11-10)
(5) Any wildlife migration corridors identified through the
wildlife habitat assessment and;
(6) Any fish or wildlife breeding areas or big game wintering
habitat identified through the wildlife habitat assessment. (amd.
05-11-10)
(7) The buffer distance and configuration shall be determined
by a qualified person who has demonstrated appropriate expertise
in the fields of resource biology, fish and wildlife management,
and similar disciplines and shall be designed to minimize the effect
of planned development and infrastructure (including roads,
pathways, and trails) on use of the habitat or migration corridor
by the indicator species. (amd. 11-14-08)
(b) Fencing: Fencing and other infrastructure shall be designed to
minimize impacts on indicator species and indicator habitat. Where the
wildlife habitat assessment has found evidence of indicator species or the
presence of indicator habitat, and the qualified person conducting the
assessment believes that inappropriate fencing could interfere with the
use of the area as habitat by one or more of the indicator species included
Title 9 Revised 05/16/2013 Teton County Idaho Page 35 of 87
9-3-2(C-2-c-WH) 9-3-2(C-3)
in the assessment, the qualified person shall recommend a fencing
design and specifications that would minimize interference with the
movement or safety of the indicator species. Fencing shall be required to
comply with those recommendations to the maximum extent feasible.
The qualified persons proposed design and specifications shall take
into account the current and foreseeable uses of adjacent lands and
the potential need for adjacent lands to be protected from the impacts of
wildlife on the subject property. (amd. 11-14-08; (amd. 05-11-10)
(c) Avoiding Vegetation Impacts: Impacts to indicator species and
indicator habitat shall be avoided to the maximum extent feasible. The
applicant shall mitigate unavoidable impacts appropriately and
adequately. In areas where the wildlife habitat assessment has found
evidence of indicator species or the presence of indicator habitat, the
development shall avoid disturbing existing native vegetation used by or
needed to support the indicator species to the maximum extent feasible.
When existing native vegetation must be altered to accommodate the
proposed subdivision, the applicant shall replace lost habitat function
with an equal or greater amount of like-functioning, native vegetation
according to the recommendations of a qualified professional and ensure
successful establishment of that vegetation through monitoring and
adaptive management. (amd. 11-14-08; amd. 05-11-10)
(d) Utilities: All service utilities (including but not limited to electric
and telecommunication lines) shall be placed underground. (amd. 11-14-
08)
vii. Wildlife Habitat Overlay Map Review: At least once every five years,
Teton County shall review and update the Wildlife Habitat Overlay Map.
The update shall reflect the most current and accurate information then available
regarding the habitat for those species listed on the existing Wildlife Habitat
Overlay Map, including but not limited to the results of Wildlife Habitat
Assessments conducted since the previous map update. Updates to the Wild-
life Habitat Overlay Map shall become effective upon adoption by the Board as
an amendment to the Teton County Code. The adoption of an updated Wildlife
Habitat Overlay Map shall not affect the terms or provisions of any prior
subdivision, PUD, zoning, or development approval. (amd. 11-14-08)
3. Regulations That May Apply:
a. Landscape Plan: For all subdivision or PUD a landscaping plan showing
compliance with the requirements of sections 9-4-1 (G) and 9-4-1 (H) is required. This
shall include a vegetation/revegetation plan identifying locations where vegetation will
be installed in order to replace existing vegetation or revegetate disturbed areas, a plan
for weed management, a stabilization plan to cover any disturbed slopes, and a plan to
provide screening from neighboring properties or from State Highways 31, 32, 33 or
Ski Hill Road. (amd. 11-14-08; amd. 05-11-10)
Title 9 Revised 05/16/2013 Teton County Idaho Page 36 of 87
9-3-2(C-3-b) NP Evaluation 9-3-2(C-3-b)
b. Nutrient-Pathogen (NP) Evaluation: Nutrient-Pathogen (NP) evaluations are
designed to locate an appropriate number of on-site wastewater treatment systems (for
example, septic systems) on a given parcel of land and to direct the placement of the on-
site wastewater treatment systems in a way that will not degrade the quality of ground
water resources and will comply with the Idaho Ground Water Quality Rule and the
Idaho Water Quality Standards (IDAPA 58.01.02) for surface water.
i. Requirement: A Level 1 NP evaluation is required by Teton County for any
proposed development that is contemplating using on-site wastewater treatment
systems or central septic systems when one or more of the five conditions below
exist. Said NP evaluation shall be completed following the County NP
guidelines found in Appendix A, “Nutrient-Pathogen Technical Guidelines for
Wastewater Treatment Systems in Teton County” and DEQ guidelines
referenced in Appendix A.
It is the responsibility of the property developer and/or his/her qualified NP
professional (see below), hereafter called Applicant, to undertake sufficient
investigation to determine whether any of the following five conditions exist.
(a) The proposed development that lies wholly or partially within the
WW Wetland and Waterways Overlay Area (Section 8-5-1-D of Title 8);
or
(b) There is evidence that ground water, at some time of the year,
comes within ten feet of the ground’s surface at any location on the
proposed development parcel; or
(c) There is evidence that soil depth to fractured bedrock is ten feet
or less anywhere on the proposed development; or
(d) The development application includes a food service, a
commercial facility, or an industrial facility generating 600 gallons or
more of wastewater per day; or
(e) The proposed development is within an area where the
concentration of nitrate-nitrogen in ground water is five (5) mg/L or
higher.
If the investigation determines that one or more of the conditions exist on the
property, then the Applicant shall complete a Level 1 NP evaluation and submit
such NP evaluation report and comments from the appropriate agency(ies) to the
County prior to scheduling the first hearing of the preliminary plat application
(amd. 2011-03-17). If the investigation determines that none of the five
conditions exist, then the Applicant shall present documentation of this
determination to the County with the initial preliminary plat application.
ii. Qualified Professional: When an NP evaluation is required by Teton
County, it must be performed by a qualified professional with experience in
subsurface resource evaluation practices as described below. The qualified
professional shall be a professional scientist or consultant with a background in
geology, hydrogeology, soil science, geochemistry, or related engineering
disciplines who is registered in the State of Idaho as a Professional Geologist or
Title 9 Revised 05/16/2013 Teton County Idaho Page 37 of 87
9-3-2(C-3-b) NP Evaluation 9-3-2(C-3-b)
Professional Engineer, and who has experience conducting similar kinds of
studies, hereafter called Qualified Professional. Level II NP evaluations
conducted to satisfy County requirements shall be completed by a Qualified
Professional who also has professional experience in groundwater modeling.
The Qualified Professional shall certify the evaluation results and shall submit
documentation of above outlined professional qualifications (resume,
certifications, registrations, education information, etc.) to the County with the
NP evaluation report.
iii. County’s Technical Representative: It is the intent of Teton County to
contract for a NP Qualified Professional to act on the County’s behalf and to be
funded by the applicant for the Nutrient Pathogen Evaluation review. The
primary duty and tasks of the technical representative are listed in the County’s
resolution adopting this ordinance
iv. Procedures:
(a) If DEQ or the Eastern Idaho Public Health District requires an
approved NP evaluation for on-site wastewater systems, the applicant
shall provide proof (including a copy of the NP evaluation, a copy of all
correspondence with the agency, the County’s NP evaluation minimum
review recompense, and a copy of agency comments and approval
documentation) to Teton County that the NP evaluation has been
completed and approved by the corresponding regulatory agency. This
information shall be provided prior to scheduling the preliminary plat
hearing. The County’s technical representative will review the NP
evaluation, including assessment of data collection, analysis techniques,
and presented conclusions in the context of specific site characteristics.
The County’s technical representative will provide written comments to
the Planning and Zoning Commission prior to the preliminary plat
hearing.
(b) If DEQ or EIPHD does not require an approved NP evaluation but
Teton County does require an NP evaluation, the process will be
conducted as described in Appendix A and in accordance with the MOA
adopted by the Board of County Commissioners on April 13, 2009, or
any revised MOA subsequently adopted by the Board.
(1) The Applicant is encouraged to meet with the DEQ and
the Eastern Idaho Public Health District to discuss the elements
and objectives of the NP evaluation. During the initial stage of the
NP evaluation process, the Applicant shall meet with the County’s
technical representative, who will be working in concert with
DEQ providing on-the-ground guidance. The Applicant shall keep
the County’s technical representative in the correspondence loop
during the ensuing process.
Title 9 Revised 05/16/2013 Teton County Idaho Page 38 of 87
9-3-2 (C-3-b) NP Evaluation 9-3-2 (C-3-b)
(2) The Applicant shall then complete the NP evaluation in
accordance with County and DEQ criteria and guidance (see
Appendix A).
(3) Of particular importance to Teton County, Idaho are the
following:
1. Accuracy of the NP evaluation at depicting site
characteristics (depth to groundwater, direction of
groundwater flow, hydraulic conductivity, aquifer porosity,
etc.).
2. Appropriateness of data collection techniques (e.g.
number and location of test pits, surface and groundwater
samples from all affected water bodies, assessment of
temporal variation, utilization of data and results from
previously completed proximate NP evaluations, etc).
3. The appropriateness of utilized analysis
techniques in light of specific site characteristics,
conditions, layout, etc.
(4) The applicant shall submit the NP evaluation to the
County. The County will forward the NP evaluation to DEQ with
a request that the agency review the evaluation and provide
feedback and comments to the County. The County shall specify
to DEQ the date by which the review should be completed. The
County will also make the NP evaluation, correspondence
materials, and comments provided by the County’s qualified
technical representative available to the public. As per the MOA
adopted by the BOCC, DEQ shall send a letter to Teton County
which shall be copied to the Applicant and Eastern Idaho Public
Health District containing comments and recommendations
regarding the NP evaluation. The preliminary plat hearing may
only be scheduled once the County receives
comments/recommendations from the DEQ, or a third party
Qualified Professional in the event that DEQ is unable to perform
the review.
(5) If DEQ informs the County and the applicant that DEQ
will be unable to review the NP evaluation, or if DEQ does not
respond to the County's request for a review by the date specified
in the request letter, or a later date if one is agreed to by the
County and DEQ, the Commission as directed by the Board may
then request technical assistance of another Qualified
Professional(s) to review and comment on the NP evaluation.
Title 9 Revised 05/16/2013 Teton County Idaho Page 39 of 87
9-3-2 (C-3-b) NP Evaluation 9-3-2 (C-3-b)
(6) If DEQ does respond to the County’s request for review
and provides comments or recommendations, the County should
base its decision of NP evaluation approval on those DEQ
comments and on the written report provided by the County’s
technical representative based on the approval criteria in Section
v. If the County has concerns with any or all of DEQ’s
recommendations, the County may contact DEQ or the County’s
technical representative for further clarification and scientific
review of the material.
v. Approval Criteria:
(a) The Board upon recommendation by the Commission shall
approve or deny the NP evaluation based on the
comments/recommendations from the DEQ (or a third party Qualified
Professional in the event that DEQ is unable to perform the review), and
on information provided by the County’s technical representative. In
order to be approved, an NP evaluation must demonstrate that the
approval is consistent with DEQ’s criteria for approval, that the County’s
Appendix A guidelines have been followed, and that the following
conditions are satisfied:
(1) Appropriate data collection, analysis techniques, and
evaluation procedures are utilized in light of specific site
characteristics, conditions, layout, etc.
(2) Discharge from the proposed on-site wastewater treatment
systems will not significantly degrade ground water quality
beyond existing background levels and will otherwise comply
with Ground Water Rule(IDAPA 55.01.11);
(3) Discharges from the development will comply with Idaho
Water Quality Standards (IDAPA 58.01.02);
(4) Discharges from the development will be consistent with
the approved Total Maximum Daily Load (TMDL); and
(5) The application complies with all applicable criteria
specified in Individual/Subsurface Sewage Disposal Rules
(IDAPA 58.01.03) and County guidelines specified in Appendix
A.
(b) If the NP evaluation is not approved by Teton County based upon
the comments or recommendations made by DEQ (or a solicited third
party Qualified Professional) and feedback from the County’s technical
representative:
(1) The applicant may choose to make modifications based
on recommendations made by the Commission, the Board, the
Title 9 Revised 05/16/2013 Teton County Idaho Page 40 of 87
9-3-2 (C-3-b) NP Evaluation 9-3-2 (C-3-c)
County’s technical representative, and the DEQ. The County
should then base its approval decision upon comments and
recommendations provided by DEQ’s review of the revised NP
evaluation and associated materials (as described in section 9-3-2-
C-3-B-iii);
The applicant may elect to conduct a Level II NP evaluation based
on the original development design. The applicant must then
submit the evaluation to the County, who will forward the
evaluation to DEQ with a request that the DEQ review the Level II
NP evaluation. The review process shall then proceed as outlined
in section 9-3-2-C-3-B-iv with DEQ review/comment and a
County decision of approval that should be based upon that review
and associated feedback. If the development application is not
approved by the County based upon professional review of the
Level I evaluation or the Level II NP evaluation (if required), the
density may be reduced and site layout adjusted until the proposed
septic disposal systems (quantity and layout) result in an NP
evaluation that receives favorable DEQ comments and
corresponding County approval. Alternatively, the applicant may
choose to connect to an existing municipal sewer line.
(2)
vi. Request for Waiver: If an NP evaluation is not required by DEQ or the
Eastern Idaho Public Health District but is required by Teton County, Idaho, the
Applicant may request that the County waive the requirement for the NP
evaluation on the grounds that the results of the evaluation would not provide
any information pertinent to the water quality impact of the development. A
request for a waiver shall be heard by the Teton County Planning and Zoning
Commission at the next available Commission meeting. The commission, after
feedback from the County’s technical representative and public hearing, shall
recommend to the Board of County Commissioners approval or denial of the
waiver request based on presented materials. The Commission or the Board shall
have the opportunity to consult with a Qualified Professional(s) (including
DEQ) regarding the waiver request. The Board shall approve the request if it
determines that completion of an NP evaluation would not provide any
information pertinent to the water quality impact of the development.
vii. Minimum Review Recompense and Total Cost: When an NP evaluation
is required by DEQ, EIPHD, or Teton County, an NP evaluation minimum
review recompense shall be paid by the applicant to Teton County. (See Teton
County Planning and Zoning Fees and Charges Schedule.) (amd.8-13-09)
c. Public Service/Fiscal Analysis: Due to the impact that a larger subdivision or
PUD may have on public facilities, utilities, services and finances, the applicant for a
proposed subdivision or PUD containing more than twenty (20) lots shall submit a
Title 9 Revised 05/16/2013 Teton County Idaho Page 41 of 87
9-3-2 (C-3-c) 9-3-2 (C-3-d)
public service/fiscal analysis containing the following information along with the
preliminary plat and checklist: (Amd.06-05)
i. Identification of Affected Public Services and Facilities: The analysis
shall identify all public services and facilities that would be provided to or be
available to the subdivision or PUD, including public road construction and
maintenance, schools, fire protection, police protection, central water, central
sewer, parks and open space, libraries, recreation, maintenance, solid waste
collection, and/or hospitals. (amd. 11-14-08)
ii. Impact Analysis: An analysis of the impact the subdivision or PUD will
have on those public services or facilities identified in subsection a, using an
average cost methodology. The analysis shall identify whether existing public
service and facilities provided to or available to the subdivision or PUD have
adequate capacity to meet any increased demands created by the development.
Where the service or facility is provided by an entity other than the County (i.e.,
the school district, Teton County Fire Protection District, or a public or private
utility) the applicant shall submit a letter from that entity confirming whether the
facility or service has adequate capacity available to serve the proposed
subdivision or PUD, and if not, what changes or improvements would be
required to provide that capacity. (amd. 11-14-08)
iii. Estimate of Tax Revenue: An estimate of the tax revenue that will be
generated from the proposed subdivision or PUD and the time frame over which
the revenues shall be generated. The estimate shall be prepared in five (5) year
increments and shall be consistent with any phasing plan provided with the
application. (amd. 11-14-08)
iv. Mitigation or Financing: Suggested means of providing or financing
needed improvements or expansions to the services and facilities identified
above if adequate capacity is not available or the cost of providing the public
services and facilities would not be offset by tax revenue received from the
development. Where the service or facility is provided by an entity other than
the County that will not receive direct tax revenues as a result of the proposed
subdivision or PUD, the analysis shall separately address mitigation or financing
of needed improvements or expansions to the services and facilities they
provide. (amd. 11-14-08)
d. Traffic Impact Study: Due to the impact that a subdivision or PUD may have on
traffic levels, congestion levels, and levels of service on roads, the applicant for a
proposed subdivision containing more than ten (10) lots or a proposed PUD containing
more than ten (10) lots or dwelling units shall traffic impact study prepared by a
professional engineer. A TIS may also be required if the Planning Administrator, the
Commission, or the Board think that the condition of one or more of the roads that
would provide access between the proposed development and the nearest State
Title 9 Revised 05/16/2013 Teton County Idaho Page 42 of 87
9-3-2 (C-3-d) 9-3-2 (C-4-b)
Highway is so poor that traffic from ten (10) or fewer lots or dwelling units could create
public safety risks or interfere with the efficient flow of traffic. Each required traffic
impact study shall meet the following standards: (amd. 11-14-08)
i. The study shall be based on traffic generation estimates of the Institute of
Transportation Engineers Trip Generation Manual or any successor publication.
(amd. 11-14-08)
ii. The study shall identify the current capacity of Highway 31, 32, 33 and
Ski Hill Road (whichever has the most direct access from the proposed
development), expressed as a percentage of available peak hour design capacity
on that road, and the additional peak hour design capacity of those roads that
would be used by the proposed development. These calculations should be based
on the existing levels of service on the road, as determined by the County
Engineer. The traffic impact study should clearly identify any change in level of
service (for example, from LOS A to LOS B) as a result of the proposed
development and what steps the applicant needs to take to mitigate those
impacts. (amd. 11-14-08)
iii. The study must take into account traffic from existing and future
development that will access any of the same roads connecting the proposed
development to any State Highway or Ski Hill Road. All data used in the TIS
shall be consistent with any recent traffic counts on any of the access, county, or
state roads involved, and any marketing materials prepared for the proposed
development. (amd. 11-14-08)
iv. The study shall comply with those requirements contained in the
document titled “Requirements for Transportation Impact Studies” prepared by
the Teton County Engineer’s Office, which study is hereby adopted by Teton
County for this purpose. (amd. 11-14-08)
v. Road Condition and Structure Study: The study shall identify the
existing condition of all paved and unpaved County roads that will be used by
traffic to and from the development before it reaches Highways 31, 32, 33 or
Ski Hill Road, whether the anticipated level of traffic from the proposed
development could cause traffic to exceed the safe design capacity of that road,
whether any of those roads will require upgrades to remain within their safe
design capacity, and how the costs of those upgrades will be paid or mitigated
without cost to the County. (amd. 11-14-08)
4. Additional Analysis Requirements for Planned Communities:
Title 9 Revised 05/16/2013 Teton County Idaho Page 43 of 87
9-3-2 (C-4) 9-3-2 (C-5)
a. Public Service/Fiscal Analysis:
For a Planned Community PUD, an analysis of potential additional school children
resident in the proposed development. The analysis should indicate the potential yield
of school children based on the experience with part-time and full-time resident
demographics from other, similar developments in the county. The schools analysis
shall identify which schools the potential new students would attend, document current
capacity for additional students in each of those schools, based on information from the
school district. If the existing schools do not have adequate capacity to accommodate
the anticipated additional students from the proposed development, the report shall
identify steps that the applicant proposes to take to participate in the mitigation of
impacts. (amd. 11-14-08)
b. Sight Line Analysis:
In order to minimize the visibility of development clusters, each Planned Community
PUD application shall include an accurate scaled drawing or shall submit a sight line
analysis in sufficient detail of each development cluster showing the number of homes
proposed for the cluster, each with a height of thirty (30) feet, against the existing back-
drop (hillside, valley floor, or existing development) behind the cluster, all as seen from
the nearest point on a State Highway or on Ski Hill Road. (amd. 11-14-08)
5. Review Process:
a. Review by Administrator:
i. Upon review of the application and materials by the Planning
Administrator the first public hearing of the Preliminary Plat application shall be
scheduled, provided the required items in the application and checklist are not
missing or deficient (amd. 06-05 and 2011-03-17).
ii. Schedule of Filing Dates/Deadlines: A schedule of current filing
dates/deadlines is available in the Planning Department. The filing date/deadline
schedule does not imply that an application shall be scheduled for the next
meeting of the Planning Commission if the application is found to be deficient.
(amd. 06-05)
b. Public Notice:
i. Required: Public notification shall be in accordance with the public
hearing process required by Idaho Code in chapter 65, title 67; sections 6509,
6511, 6512 and 6519, as applicable. The developer shall notify all surrounding
property owners within 300 feet of the property boundaries of his intent at least
fifteen (15) days prior to the scheduled hearing date, by letter, which shall
include the time, date, and place of the hearing. The property described in the
application must also be posted seven (7) days prior to the hearing. This posting
of the property shall include the time, date and place of the hearing. (amd. 06-
05)
Title 9 Revised 05/16/2013 Teton County Idaho Page 44 of 87
9-3-2 (C-5-c) 9-3-2 (C-8)
ii. Notice by Mail: Certified mail may be used to notify landowners, or the
developer may provide preaddressed, stamped envelopes, with the letters, to the
Planning Department for mailing. Either method requires a list of the name and
address of the persons who will receive the letters, applicable proof of mailing,
plus a copy of the notification letter to be in the project file prior to presentation
of the Preliminary Plat to the Planning Commission. (amd. 06-05)
iii. Proof of Mailing: If certified mail is used, the certified receipts or a copy
of the receipts must be submitted as proof of being mailed. (amd. 06-05)
iv. Failure to Notify: The developer’s failure to comply with some parts of
the notification provision may not invalidate the Planning Commission’s action
provided the spirit of the procedure is observed; however, the notice procedure
shall be complied with prior to action by the Board of County Commissioners.
(amd. 06-05)
c. Intergovernmental Coordination: A copy of the Preliminary Plat for review and
comments shall be mailed to the appropriate review agencies forty-five (45)
days prior to the anticipated first Preliminary Plat hearing date. Return
comments will be requested two weeks prior to that date, and if no comments
are received by the date requested, it will be assumed that the agency has no
comment. All copies of the plat to be mailed will be furnished by the
developer’s engineer/surveyor. (amd. 06-05)
6. Technical Assistance: At the request of the Commission and approval of the Board, the
Planning Administrator may arrange for technical assistance, review, and recommendations on
any aspect of a proposed PUD or subdivision that relates to its compliance with the
Comprehensive Plan or any regulation or application checklist applicable to the development.
The Board shall have discretion to arrange for volunteer technical assistance or to pay for such
assistance, to request assistance from an individual or a group, and to decide the time period for
technical assistance and review providing that such time does not exceed 45 days. The Board
and Commission may, but shall not be obligated to, include technical assistance
recommendations in their recommendations or further action on the application.
7. Preliminary Plat Hearing(s): The purpose of the hearing, or series of hearings, is to
continue discussing the proposed subdivision plan, the development agreement, and the
Preliminary Plat for conformity with the Comprehensive Plan, the development’s relationship
to surrounding development, any site conditions that may require special consideration or
treatment, and to discuss and review the requirements of Title 9, Title 8, and Title 6, Chapter 6
of the Teton County, Idaho Development Code. The first hearing of the Preliminary Plat
application is also to hear specific comments that may have been submitted by review agencies,
which may include local, state, and federal organizations. The Commission or Board may
require specific action from the applicant pertaining to the comments received. At the
Preliminary Plat hearings, the Commission or the Board may request review by any qualified
professional person, and may conduct, or cause to be conducted, investigations, examinations,
tests, and site evaluations as it deems necessary to verify the information contained in the
application or shown on the plat. The developer grants the Commission or its agent
Title 9 Revised 05/16/2013 Teton County Idaho Page 45 of 87
9-3-2 (C-8) 9-3-2 (C-8)
permission to enter upon the land in question for these purposes by virtue of the
subdivision/PUD application. (Amd.06-05 and 2011-03-17)
8. Action/Decision: The Planning Commission and the Board, respectively, shall act on
the information presented at the Preliminary Plat hearing(s). The decision shall be to continue
the Preliminary Plat hearing(s), to recommend approval, to recommend approval with
conditions, or to recommend denial of the application. Specific reasons for the
recommendation shall be stated in writing for the record. Because the final plat phase of the
subdivision/PUD review process is not intended to raise new or additional topics or concerns, it
is very important that the action of the Commission and the Board during this preliminary plat
phase be based on a full understanding of all anticipated impacts of the proposed development
on Teton County. The Commission shall only recommend approval and the Board shall only
approve if it finds that all of the following criteria have been met (or if it finds that some of the
criteria have not been met, may recommend approval with conditions that would ensure that the
proposed development meets the criteria): (amd. 11-14-08 and 2011-03-17)
a. The application is consistent with the Comprehensive Plan. (amd. 11-14-08)
b. The application complies with all applicable County regulations. (amd. 11-14-
08)
c. If the application is for a PUD, it complies with any regulations applicable to
PUDs under Chapter 5 of Title 9, including without limitation regulations controlling
the types and locations of open space to be included in the development and the
required design and size of development clusters. If the application is for a Planned
Community PUD, the application adequately mitigates any impacts identified in those
additional studies required by Section 9-3-2(C). (amd. 11-14-08)
d. The application includes trails and pathways as required by Section 9-4-2(B-4)
to the maximum extent feasible. (amd. 11-14-08)
e. The application is consistent with the results of any Nutrient-Pathogen Study
required for the property and includes any conditions or changes required to avoid any
potential degradation of surface or groundwater identified in that study. (amd. 11-14-
08)
f. The application is consistent with the recommendations of any report on the
adequacy of the proposed sewage system for the development and includes any
recommended mitigation measures identified in that report. (amd. 11-14-08)
g. The application is consistent with any Traffic Impact Study required for the
property and will not result in a decrease in the level of service (for example, from level
of service B to C) on any State Highway or a maintained county road and includes any
mitigation measures recommended in the Traffic Impact Study.(amd. 11-14-08)
Title 9 Revised 05/16/2013 Teton County Idaho Page 46 of 87
9-3-2 (C-8-j) 9-3-2 (C-10-b)
h. If the application is for land that is not adjacent to a State Highway or a
maintained county road, the applicant will bear the costs of constructing roads to
connect the proposed development to at least one State Highway or a maintained county
road, and adequate for anticipated traffic and will be constructed to County Road
Standards. (amd. 11-14-08)
i. If a Natural Resources Analysis is required the proposed development will avoid
all mapped Overlay Areas (except the AV Airport Vicinity Overlay Area), or will
minimize any unavoidable impacts to the mapped Overlay Areas to the maximum
extent feasible and mitigate any unavoidable impacts. In the case of land located in the
WH Overlay Area, the duty to avoid or mitigate impacts on habitat areas shall only
apply if the wildlife habitat assessment reveals evidence of an indicator species or the
presence of indicator habitat, and shall only apply to portions of the parcel where the
evidence or habitat is found. (amd. 11-14-08)
j. The required Public Service/Fiscal Analysis shows that all public services
provided to the proposed subdivision or PUD have adequate capacity to service it, or if
they do not, the applicant has committed to mitigation or financing to ensure that those
services and facilities will be provided within two (2) years after the first unit in the
development is occupied and that any shortfall of tax revenues below the costs of
providing the services or facilities will be covered without cost to the County. (amd. 11-
14-08 )
k. The application is consistent with any capital improvements plan adopted by the
County. (amd. 11-14-08)
l. An adequate institutional structure has been created to ensure that long-term
maintenance costs of roads, water, sewer, and drainage systems will be collected from
within the development and used to maintain such items. If the chosen structure relies
on payments of dues (for example, through a homeowners association) rather than
taxes, the county shall be granted the institutional power to enforce payments of those
dues in the event the organization fails to do so. (amd. 11-14-08)
m. If land ownership boundaries or natural terrain features make it impossible for
the application to meet all of the criteria outlined in Section 9-3-2(C- 3), the
application shall meet as many of the criteria as possible. (amd. 11-14-08)
n. In addition to the above, for a Planned Community PUD, the application is
consistent with the recommendations of any report on the adequacy of the school
system to accommodate school aged children anticipated by the development, and
includes any recommended mitigation measures identified in that study. If the applicant
is obligated to pay an impact fee for schools, then mitigation measures identified in the
report will not be required. (amd. 11-14-08)
9. Effect of Preliminary Plat Approval: The approval of the preliminary plat does not
constitute an acceptance of the subdivision or PUD, but rather is deemed to be an authorization
Title 9 Revised 05/16/2013 Teton County Idaho Page 47 of 87
9-3-2 (C-10) 9-3-2 (C-10)
to proceed with the preparation of final improvement plans, and preparation of the final plat.
The preliminary plat must be approved or conditionally approved by the Board and the
improvement plans accepted by the county engineer before the final plat can be considered
(amd. 2011-03-17).
10. Improvement Plans and Installation of Improvements:
a. After the preliminary plat is approved, improvement plans for the subdivision or
for a phase of the subdivision as shown on the approved Master Plan, shall be submitted
to the Planning Department. The Planning Administrator shall ensure that the plans
meet the submittal requirements contained herein. If the submittal requirements have
been met, the plans will be reviewed by the Planning Department and the County
Engineer, and when necessary by other regulatory agencies or design professionals
(amd. 2011-03-17).
b. The improvement plans may be approved (with signatures from the County
Engineer and Planning Administrator) or changes may be required for approval. Within
20 business days, the County shall respond to or shall communicate with the applicant
in writing the results of the initial review of the improvement plans. The plans shall be
revised to comply with the reviewers’ requirements for approval. The County will
review subsequent submittals of revised improvement plans within 10 business days of
acceptance (amd. 2011-03-17).
Improvement plans that are lacking essential required elements, as determined by the
Planning Administrator, shall be returned to the applicant. In the case of returned plans,
the review period becomes null and void for that submittal (amd. 2011-03-17).
c. Improvement plans shall be prepared on plan sheets not to exceed 30” X 42”.
Three (3) copies of the plans shall be submitted to the Planning Department and shall
address the Design Standards of Chapter 4, 9-4-1 and 9-4-2 A and B and shall contain
as a minimum the following information (amd. 2011-03-17):
i. Title page, including location map. For a phased project, there shall be a key
map that reflects the past, present, and future phases plus adjacent streets.
ii. North arrow and graphic scale
iii. Title block, showing the name and address of the applicant and the design firm,
as well as the engineer’s and other design professionals’ stamps and signatures.
iv. Benchmarks and coordinate system, and the elevation in or near the subdivision
to which it is referenced.
v. Standards and specifications used/followed, citing volume, section, page, or
other references.
vi. Details of existing and proposed streets, water lines, sanitary sewers, drainage
channels, swales, storm sewers, fire protection.
vii. Plans and profiles of: a. streets, water lines, storm sewers, sanitary sewers at a
scale not less than one inch equals 100 feet (1”=100’) horizontal and one inch
equals 10 feet (1”=10’) vertical; and b. stormwater courses/sewers/management
facilities accompanied by stormwater calculations and reference to the design
manual used.
Title 9 Revised 05/16/2013 Teton County Idaho Page 48 of 87
9-3-2 (C-10) 9-3-2 (D-2-a)
viii. Cuts and fills
ix. Finished grading plan (proposed) and existing contours at contour intervals not
to exceed two (2) feet for proposed subdivisions with lots smaller than or equal
to 2 ½ acres in size or five (5) feet for proposed subdivisions with lots greater
than 2 ½ acres in size.
x. Geotechnical study prepared by an engineer licensed in the state of Idaho
submitted for the proposed subdivision with reference to each of the lots
proposed for more than five (5) feet of cut or fill as identified on the plans.
xi. Compaction plans for all road subgrades and upon completion of grading for all
areas with more than five (5) feet of cut or fill.
xii. Details of all protection requirements for steep cut or fill slopes, including a
fence if needed.
xiii. Construction entrance for construction traffic and an area and method for
cleaning construction equipment/machinery identified on the plans.
xiv. Floodplain and floodway located, including the base flood (100 year floodplain)
area and elevation and the regulatory floodway area.
xv. Lighting, including location, height, shielding, type, and intensity of proposed
street lights and open space and signage lighting.
xvi. Street and monument signs, including type and location, height, types of
materials and construction, colors, and design calculations for wind, seismic,
and snow loads.
xvii. Required landscaping, including cross-section for berms, location and types of
materials, the type, variety, number, distribution and density of the proposed
trees and shrubs, and if vegetation is included the proposed method of watering.
D. FINAL PLAT PHASE:
1. Overview: This phase of the subdivision/PUD process is to present the Board of
County Commissioners the completed documentation as required by this ordinance for a final
review before rendering a decision to approve, deny, amend or remand this application. If the
Board elects to amend the application, additional findings and reasoning shall be made in
writing in accordance with state code. Otherwise the findings and reasoning should be
contained in the Master Plan / Development Agreement / and Final Plat. (amd. 06-05)
2. Final Plat Submittal:
a. Required Documents/Materials: The following submittal documents/materials
are required. The public hearing with the Board shall not be scheduled until the final
plat submittal is deemed complete by the Planning Administrator.
i. The Final Master Plan: The master plan of the subdivision/PUD, with
necessary attachments, in accordance with the definition and
requirements of Title 9, shall be recorded and shall be binding on
the applicant and subsequent owners of the property. (Amd.06-05)
Title 9 Revised 05/16/2013 Teton County Idaho Page 49 of 87
9-3-2 (D-2-b) 9-3-2 (D-2-e)
ii. The Final Development Agreement including phasing. (amd. 11-14-08)
iii. The Conditions, Covenants and Restrictions Document(s) and, if
applicable, a Design Standards Document. (amd. 11-14-08)
iv. The final plat(s) in accordance with Title 50 of the Idaho Code and Title
9. (Amd.06-05)
v. The Final Construction Drawings (Improvement Plans), with proposed
phasing, for public improvements in final and complete form. (amd. 11-
14-08 and 2011-03-17)
b. Application: All required documents, completed checklist requirements, and
materials must be filed with the Planning Administrator for review in accordance with
the published filing schedule prior to being placed on the next available agenda for
Final Plat evaluation by the Board, but not later than 90 days after an officially
completed Final Plat Application is accepted by the Planning Administrator (amd.06-05
and 2011-03-17).
c. Schedule of Current Filing Dates/Deadlines: A schedule of current filing
dates/deadlines is available in the Planning Department. The filing date/deadline
schedule does not imply that an application shall be scheduled for the next meeting of
the Board of County Commissioners if the application is found to be deficient.
(Amd.06-05)
d. Review by Administrator: Upon review of the application and materials by the
Planning Administrator the public hearing shall be scheduled, provided the items
required in the application and checklist have been provided and are complete.(Amd.06-
05)
e. Public Notice:
i. Required: Public notification shall be in accordance with the public
hearing process required by Idaho Code in Chapter 65, Title 67; Sections 6509,
6511, 6512 and 6519, as applicable. Notice shall be given to all surrounding
property owners within 300 feet of the property boundaries of applicant’s intent
at least fifteen (15) days prior to the scheduled meeting date, by letter, and shall
include the time, date, and place of the hearing, to be held by the Board. The
property described in the application must also be posted with a notice
including the time, date, and place of the Board hearing at least seven (7) days
prior to the hearing. (Amd. 06-05)
ii. Notice by Mail: Certified mail may be used to notify landowners, or the
developer must provide preaddressed, stamped envelopes, with the letters, to the
Planning Department for mailing. Either method requires a list of the names and
addresses of the persons who will receive the letters, applicable proof of
Title 9 Revised 05/16/2013 Teton County Idaho Page 50 of 87
9-3-2 (D-2-f) 9-3-2 (D-2-i)
mailing, plus a copy of the notification letter to be in the project file prior to
presentation of the Final Plat to the Board of County Commissioners. (Amd.06-
05)
iii. Proof of Mailing: If certified mail is used, the certified receipts or copy
of the receipts must be submitted as proof of being mailed. (Amd.06-05)
f. Fees: The Final Plat Application will not be considered complete until the fee
has been submitted to the Planning Department. This fee is non-refundable (amd. 2011-
03-17).
g. Hearing(s): The Board shall schedule a public hearing in accordance with the
public hearing process outlined above in 9-3-2(D-2). The Board’s decision shall be to
continue, approve, approve with conditions, or deny Specific reasoning for the decision
shall be included in the record based on the information provided from the Commission
and/or the Board on the plat(s), Development Agreement, and/or other studies and
findings (amd. 2011-03-17).
h. Findings: In conjunction with the decision for approval, approval with
conditions, or denial of an application for a subdivision or PUD, the Board shall make
written findings with respect to the items required with the submission of the
application and the criteria below. Additional written findings are not necessary where
the public documents or records of the public hearing already provide a written record.
i. Each exception to otherwise applicable restrictions shall be identified
and the reasons supporting the exceptions stated.
ii. The subdivision or PUD is consistent with the public health, safety and
welfare of the County and with all applicable provisions of Title 9 and Title 8 of
the Teton County code. (amd. 11-14-08)
iii. The information required in the application has been verified and is
correct.
iv. The PUD contains the minimum of open space required by this Title or
amount of open space agreed to in the plans and plat. (Amd.06-05)
i. Filing and Recording: Submittal of Final Documents: The developer submits
two (2) copies of the Final Master Plan, Final Development Agreement, Final
Improvement Plans, and Final Covenants and Restrictions to the Planning
Administrator for review. Additionally, a GIS-compatible digital version of the line
work used to create the survey (e.g. DWG file), with layer separation for each plan view
sheet which defines ownership boundaries shall also be required at the time of
recordation. The development boundary, the individual lot or unit boundary lines,
easement lines, and line annotation shall be provided on separate working layers from
sheet information. A survey tie, or ties, to a corner of the Public Land Survey System
(PLSS) shall also be required. The file shall be submitted in the State Plane Coordinate
Title 9 Revised 05/16/2013 Teton County Idaho Page 51 of 87
9-3-2 (D-2-j) 9-3-2 (D-2-l)
System, Eastern Idaho Zone, NAD 83 datum, and units of feet. (amd. 05-16-2013) If the
administrative review concludes that the submitted documents/plans meet all the
conditions and requirements of the Board’s approval, then said documents can be
recorded in the Teton County Recorder’s office (amd. 2011-03-17, 2013-05-16).
j. Installation of Improvements: Upon approval of the improvement plans, and the
recordation of the Board approved development agreement, the applicant shall receive a
“Construction Permit” from Teton County. The applicant will be provided with a copy
of the plans stamped “Approved”. The approved set of plans must be on site at all times
that improvements are being installed or constructed.
The applicant shall provide to the Planning Department copies of approvals or permits
for any activity of the installation of improvements issued by any governmental agency,
municipal corporation, or utility that has authority over these improvements or will take
ownership thereof upon completion. Work shall conform to the conditions and
requirements of these approvals or permits, and shall be completed and accepted prior
to the recording of the record plat. Should work in accordance with these approvals
necessitate changes to the final plat, those changes shall be completed, and approved by
the Board, prior to recording the record plat.
Record plat approval shall be contingent in part upon completion and acceptance by the
County of all public improvements.
Upon completion and acceptance of the improvements, the applicant or design
professional shall submit two (2) copies of “as-built” plans certified, stamped, and
signed by the design professional (amd. 2011-03-17).
k. Submittal of Record Plat: Upon completion of all public improvements
included in the approved improvement plans and acceptance of the improvements by
the county, the applicant submits two (2) copies of the Record Plat in mylar and one
(1) copy in velum (amd. 2011-03-17).
l. Time Limitation:
i. Limitation for Approval: The Master Plan, Improvement Plans,
Development Agreement and Final Plat shall be approved by the Board of
County Commissioners within three (3) years of the date of acceptance of the
subdivision/PUD concept application by the Planning Administrator or the
entire application is deemed null and void (amd. 2011-03-17).
ii. Subdivision Extension Request: The applicant may request in writing
prior to the expiration date an extension of time for final approval of up to
twelve (12) months from the Board of County Commissioners. The narrative
must include specific reasons why an extension is requested, address the criteria
in the Subdivision Extension Application, and the extension fee. This fee is
non-refundable. No further requests for this time extension shall be deemed
Title 9 Revised 05/16/2013 Teton County Idaho Page 52 of 87
9-3-2 (D-2-m) 9-3-2 (D-2-n)
accepted or granted. An extension request shall be adjudicated under the
ordinance in effect at the time of the request for extension.
m.. Filing and Recording: Recording of the master plan, development agreement,
improvement plans, and the covenants and restrictions in the office of the county
recorder shall occur within four (4) calendar months after approval by the Board of
County Commissioners. The Record Plat shall not be recorded until all of the required
improvements are installed and accepted by the County and until the assessed property
taxes are paid in full. A subdivision or PUD is officially approved upon county
signature and recording of the record plat, at which time, the sale of lots may proceed.
(amd. 05-11-10 and 2011-03-17)
i. Filing and Recording Extension Request: The developer may request in
writing prior to the expiration date an extension of time for recording up to four
(4) months from the Board of County Commissioners. The request must include
specific reasons why an extension is needed, addressing the extension criteria in
the Subdivision Recording Extension Application and the extension fee. This
fee is non-refundable. Only one (1) further request up to four (4) months for this
recording time extension may be deemed accepted or granted. An extension
request shall be adjudicated under the ordinance in effect at the time of the
request for extension.
ii. Development Agreement: In addition to the Master Plan, Improvement
Plans, and Final Plat, a Development Agreement between the developer and
Teton County shall be approved and recorded prior to the installation of any
required public improvements. Said Development Agreement guarantees the
full and satisfactory completion of the planned and required public
improvements to serve the subdivision or PUD. The development agreement is
signed by the owner of the development and the chairman of the Board of
County Commissioners (amd. 2011-03-17).
iii. Development Agreement Extension Request: The developer may request
in writing prior to the expiration date an extension of time for commencement of
improvements and/or for completion of improvements for up to twelve (12)
months from the Board of County Commissioners. The request must include
specific reasons why an extension is needed, addressing the extension criteria in
the Development Agreement Extension Application and the extension fee. This
fee is non-refundable. Only one (1) further request up to six (6) months shall be
deemed accepted or granted. An extension request shall be adjudicated under
the ordinance in effect at the time of the request for extension. (amd. 9-17-09)
n. Revocation by Board of County Commissioners:
i. The Board of County Commissioners may revoke a subdivision or
Planned Unit Development upon failure to comply with the conditions of
approval of a final plat or subdivision extension, upon the violation of any of the
provisions of this Title, or for misrepresentations or material omissions made to
the Planning Commission or to the Board of County Commissioners. (amd. 9-
17-09)
Title 9 Revised 05/16/2013 Teton County Idaho Page 53 of 87
9-4-1 9-4-1(C-1)
CHAPTER 4
DEVELOPMENT STANDARDS
9-4-1: Design Standards
9-4-2: Improvement Standards
9-4-3: Mobile Home Subdivision or PUD
9-4-1: DESIGN STANDARDS: All subdivision or PUD plats, improvements, and facilities
submitted pursuant to the provisions of Title 9 shall comply with the minimum design standards set
forth in Title 8 and Title 9 (including this chapter) and other County standards adopted by the Board.
Any higher standards required by any highway district, state highway department, or health agency
shall prevail over those set forth in this Section 9-4-1. (ORD.9 as Amd. through 9-25-2000; Amd.06-
05; Amd. 11-14-08)
A. DEDICATION: Within a proposed subdivision or PUD, all streets and roads shall be
dedicated to the public if required by the Board; otherwise they shall be dedicated to a
Homeowners Association. (ORD.9 as Amd. through 9-25-2000). The Board shall not be
obligated to accept dedication of any street or road that is not open to the public or for which it
determines that the costs of maintenance are higher than its benefit to the public. If the Board
decides not to accept dedication of a public street or road, the applicant shall be required to
establish a mechanism by which the road shall be maintained and repaired over time without
cost to the County. (Amd. 11-14-08)
B. SPECIFICATIONS: Street right-of-way widths, grades, design, and alignment shall conform
to the County Road Standards for Teton County, Idaho, as amended. (ORD.9 as Amd. through
9-25-2000; Amd.06-05) Where a proposed road or street is located within the HS Hillside
Overlay Area defined in Title 8, the Planning Administrator, after consultation with the County
Engineer, may require that the street or road right-of-way widths, grades, design, and alignment
conform to alternative standards for hillside roads published by any local government or state
or national organization with expertise in the design of roads in hillside areas. (Amd. 11-14-08)
C. STREET AND ROAD LOCATIONS:
1. Collector and/or Arterial Street:
Where a subdivision or PUD abuts or contains a collector and/or arterial street, it may be
required that there be frontage roads approximately parallel to and on each side of such arterial
or collector streets or such other treatment as is necessary for adequate protection of residential
properties and to separate through traffic from local traffic.
Title 9 Revised 05/16/2013 Teton County Idaho Page 54 of 87
9-4-1(C-2) 9-4-1(H)
2. Arrangement:
Streets shall be arranged in proper relation to topography so as to result in usable lots, safe
streets and acceptable gradients. (ORD.9 as Amd. through 9-25-2000). Proper relation of
streets shall include the following:
a. Location along terrain contour lines (rather than directly up or down slopes
greater than eight [8] percent. (amd.11-14-2008)
b. Location so as to minimize visibility from the State Highways and Ski Hill Road
to the maximum extent feasible. (amd.11-14-2008)
c. Location to avoid dividing intact meadows, undisturbed hillsides, or stands of
trees to the maximum extent feasible. Wherever practical, roads should pass around
rather than directly over or through these landscape features. Where a route through
those features cannot reasonably be avoided, the route should be designed to pass near
or around the edge of the feature, rather than across the middle of it. (amd.11-14-2008)
d. Compliance with all standards related to roads and streets set forth in the
Overlay Areas defined in Sections 8-5-1 and 8-5-2. Where requirements related to the
Overlay Area conflict with the location the Overlay Area requirements shall govern.
(amd.11-14-2008)
D. EASEMENTS: Unobstructed utility easements shall be provided along front lot lines, rear lot
lines, and side lot lines when deemed necessary by the Planning Administrator. Total easement
width shall not be less than twelve (12) feet. Unobstructed irrigation and drainage way
easements shall be provided as required by the Board. (ORD.9 as Amd. through 9-25-2000)
E. BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots. Where lots back
onto an arterial street or natural feature of a subdivision boundary, blocks shall not exceed a
maximum length of one thousand five hundred (1,500) feet. (ORD.9 as Amd. through 9-25-
2000)
F. LOTS: The lot width, depth, and total area shall not be less than the requirements of any
applicable ordinance. Flag lots will be permitted only by the discretion of the County based on
consistency with the Comprehensive Plan and with the intent statements in Titles 8 and 9.
(ORD.9 as Amd. through 9-25-2000;amd. 06-05; Amd. 11-14-08)
G. PLANTING STRIPS AND RESERVE STRIPS: Planting strips may be required to be placed
between residential areas and features such as highways, railroads, commercial or industrial
uses to screen the view from neighboring properties. (Amd.06-05; Amd. 11-14-08)
H. LANDSCAPING: Existing natural and manmade features that enhance the attractiveness of
the community such as trees, watercourses, and historic areas shall be preserved through the
design of the subdivision or PUD. The County may request reasonable berming and plant
landscaping, and other improvements to protect view corridors and vistas that protect the rural
character of the county. (ORD.9 as Amd. through 9-25-2000; Amd.06-05; Amd. 11-14-08)
Title 9 Revised 05/16/2013 Teton County Idaho Page 55 of 87
9-4-1(I) 9-4-1(J-3)
I. CC&Rs:
1. Required: CC&Rs shall be prepared and recorded along with the Development
Agreement for a subdivision or PUD. This is usually done to provide protection to future
property owners by establishing higher standards than required under other regulations. The
provisions within CC&Rs are enforceable through civil action. Local governments are not
required to enforce these provisions. (Amd.06-05)
2. Review by Planning Administrator: The Planning Administrator shall review
subdivision or PUD CC&Rs at Preliminary Plat. CC&Rs may include such things as:
architectural committee, minimum building floor area, mobile home provisions, allowable
livestock, location of recreation vehicles, commercial and industrial activity, number of
dwelling units, allowable signing and amendment provisions. CC&Rs shall include
maintenance of open space, maintenance of landscaping, weed control, lighting and the right-
to-farm as provisions that cannot be changed by the Homeowners Association. Upon reviewing
the CC&Rs, the Planning Administrator shall resolve any conflicts with existing subdivision
and zoning regulations. (Amd. 11-14-08)
3. Submission of Copies: Copies of the CC&Rs shall be submitted with the Preliminary
Plat, Development Agreement and Final Plat.(ORD.9 as Amd. through 9-25-2000; Amd.06-05)
J. ACCESS:
1. Required: Each lot shall have legal and physical access provided and must abut and/or
have access to a public or private street or road. Emergency secondary access roads shall not
be used to provide the primary means of access to a lot.
2. Multiple Accesses: The County may require multiple accesses into a subdivision or
PUD when any of the following are present:
a. Where the primary access road is over two thousand five hundred (2,500) feet
long;
b. Where a primary access road is over one thousand five hundred (1,500) feet
long and it serves at least twenty (20) residential lots/dwelling units/spaces;
c. Where safety and emergency vehicle circulation dictates.
3. High or Extreme Wildfire Hazard Areas: The County shall require multiple accesses
into a subdivision or PUD when any portion of the subdivision or PUD is located in an area of
“High” or “Extreme” wildfire hazard as shown on the latest adopted version of the Teton
County Wildland Fire Mitigation Plan and (amd.11-14-2008) the primary access is over one
thousand five hundred (1,500) feet long or the primary access road is over one thousand (1,000)
feet long and it serves twenty (20) residential lots/dwelling units/spaces.
Title 9 Revised 05/16/2013 Teton County Idaho Page 56 of 87
9-4-1(J-4) 9-4-1(K-2-c)
4. Second or Additional Access: When more than one access is required into a
subdivision and the sole intent of the second or additional access is for emergency, right of way
and travel surface width may be reduced below county road standards for primary roads. Any
secondary access road that does not meet County standards for primary roads can never serve
as a primary access road for existing or proposed development unless upgraded to County road
standards for primary roads. Secondary emergency access shall meet the following standards
unless varied on a case-by-case basis by the Commission or Board after a determination that
the lower standard would not create additional risks to public health or safety: (ORD.9 as Amd.
through 9-25-2000)
a. At least a twenty (20) foot gravel improved travel surface;
b. At least a forty (40) foot right-of-way;
c. With the exception of a and b above, the road shall meet all other requirements
of Section 9-4-1-B. (Amd. 11-14-08)
K. OUTDOOR LIGHTING
1. Purpose: This Section requires specific types of light fixtures and lighting levels for commercial,
public, and residential lights in Teton County. The purpose is to protect the health, safety, and general
welfare of the county residents by providing even, adequate lighting for safety and security that is not
excessive, does not interfere with vision because of glare, avoids excessive visual adjustment to
varying light levels, permits the viewing of the night sky, and is not obtrusive to homes and public
places. This Section also requires the design approach to area lights to be greater in number, lower in
height, and lower in lumens, rather than fewer in number, higher in height, and higher in lumens (amd.
2011-03-17).
2. Compliance: All building and land use applications shall provide information to show compliance
with this Section.
a. Proposed projects with outdoor lighting shall provide the proposed location, height, and
orientation of lighting fixtures, fixture details, supports, shielding, and lamp
specifications.
b. The Lighting Official may require additional technical information for large projects,
including but not limited to any or all of the following:
i. Manufacturer's photometric data, plots of illuminance, product specifications or
access to Illuminating Engineering Society of North America (IESNA)-
formatted electronic data files for the installation.
ii. Photometric layout showing luminaires and initial and maintained horizontal
and vertical illuminance within the site and to 20 feet beyond the property
boundary, maxima, minima, and uniformity ratios on a grid no greater than 10
feet by 10 feet.
c. Deviations from requirements of this Section may be requested prior to submittal of an
application or at the same time as the application submittal. The Planning and Zoning
Title 9 Revised 05/16/2013 Teton County Idaho Page 57 of 87
9-4-1 (K-2-c) 9-4-1 (K-5-b)
Commission will review and act on the deviation request at a public meeting. The
applicant must demonstrate each of the following:
i. The proposed deviation is justified by unusual circumstances and appropriate to
the location of the lighting and the surrounding neighborhood.
ii. The proposed deviation will not unreasonably diminish the health, safety, or
welfare of the surrounding neighborhood uses.
iii. The proposed deviation substantially conforms to these exterior lighting
regulations.
3. Requirements. Except as provided in D below, exterior lighting shall use fully shielded fixtures.
a. Color: High-pressure sodium lamps should be used for commercial and public land
uses. However, other types of lamps may be used for land use applications, such as
retail sales lots, where a need for color rendition necessary to the light’s function can
be demonstrated. Lamps with a color rating of 3000K or less should be used. The
illuminance limits in this Section may be reduced, at the discretion of the Lighting
Official, to account for the visual response to lights having a higher content of blue
light.
b. Light trespass: All non-residential outdoor lighting fixtures emitting more than 2000
lumens shall be shielded such that the illuminance does not exceed 0.1 foot candles at
the property boundary with a residential use or 0.2 foot candles at the property
boundary with a non-residential use.
4. Exceptions. These outdoor lighting regulations do not apply to the following applications:
a. Holiday lighting.
b. Temporary emergency lighting needed by the fire, police, or ambulance
district/department, or other emergency services.
c. Highway projects constructed or bid by the State Idaho Transportation Department
(ITD) or federal government.
d. Lighting of radio, communication and navigation towers provided the landowner
demonstrates that the Federal Aviation Administration (FAA) regulations require the
use of lighting that does not comply with these regulations.
e. Lighting for flags, provided:
i. The flag conveys a non-commercial message.
ii. The light is shielded to prevent glare.
iii. The maximum lumen output is one thousand three hundred (1,300) lumens.
iv. Down-lighting of flags is encouraged.
5. Prohibitions. The following applications, unless exempted by 4 above, are prohibited:
a. Flashing, blinking, intermittent lights or other lights that move or give the impression of
movement.
b. Searchlights, high intensity floodlights, laser source lights, illusion lights, or any similar
high intensity light.
Title 9 Revised 05/16/2013 Teton County Idaho Page 58 of 87
9-4-1 (K-6) 9-4-1 (K-7-b)
6. Public and commercial Lights.
a. Parking area and other area lights: The height of parking area and other area lights,
including wall mounted lights, shall not exceed 20 feet. Such lighting shall not exceed a
maximum initial horizontal illuminance of 4.0 foot-candles.
b. Outdoor retail areas: All lights mounted on or within the lower surface of a canopy shall
be fully recessed or fully shielded. Shielding provided by the surrounding canopy
structure or the edge of the canopy is not sufficient. Approach and driveway lighting
shall not exceed a maximum horizontal illuminance of 4.0 foot-candles; pump island or
merchandise area lighting - 20 foot-candles; building facade or services area - 5.0 foot-
candles.
c. Buildings: Building entrances may have up to 4000 lumens, except entrances/exits at
senior care facilities, police stations, fire stations, and emergency rooms or vehicle
entrances may have up to 8400 lumens in addition to the foot-candle limits.
d. Signs:
i. Externally lit signs shall be illuminated only with steady, stationary, shielded
light sources directed solely onto the sign from above without causing glare.
Lamps used for illuminating a sign shall be simple in form and should not clutter
the building or structure. All light sources should shine only down.
ii. Lights that flash or move in any manner, colored lights, and exterior neon signs
are prohibited.
iii. Internally lit signs shall have a dark or opaque background.
e. Street lighting: Streetlights should be high pressure sodium. Streetlights along
residential streets shall be limited to a maximum rated lamp lumens of six thousand four
hundred (6,400). Streetlights shall have distributions or house side shields that limit
lighting of residences, and shall be between 12 feet and 20 feet in height. Streetlights
are discouraged in areas that are naturally dark.
f. Athletic facilities. Luminaires for special purpose facilities, including arenas,
amphitheaters, or playing field facilities shall be fully shielded, or be designed so as to
minimize up-light, light trespass, and glare. Such facilities shall be lighted to the levels
recommended by the IESNA Recommended Practice IESNA 06-01 or its successors for
Class III or IV facilities as applicable. All recreational lighting shall be turned off
within 30 minutes of the completion of the last game, practice, or event. In no case shall
recreational lighting occur after 11:00 P.M. except to conclude a specific sporting event
that is underway.
7. Residential Lights. Residential fixtures in the A-20, A-2.5, R-l, and R-2 districts shall conform to the
following provisions:
a. Exterior lighting on residences brighter than a 60 watt incandescent light, or brighter
than a 75 watt incandescent light if controlled by a motion detector, shall be shielded so
that no light is projected above the horizontal, and the lamp shall be diffused or shielded
so that it cannot be seen from roadways, public areas, or any other property.
b. Floodlights are discouraged. Floodlights on residences with external shielding shall be
permitted provided that they are angled so that the centerline of the light beam is
directed below a 30° angle measured from the vertical line from the center of the light
extended to the ground, and only if the fixture does not cause glare or light to shine on
adjacent property or rights-of-way. Motion detector lights are encouraged, but they shall
meet the requirements for floodlights.
Title 9 Revised 05/16/2013 Teton County Idaho Page 59 of 87
9-4-1 (K-8) 9-4-1 (K-10)
8. Operation of Lighting. All nonessential exterior commercial and recreational lighting shall be
turned off after business hours and/or when not in use. Lights on a timer are encouraged. Sensor
activated lights that shut off five (5) minutes after activation ceases are encouraged if lights are needed
for security purposes.
9 Existing Lighting. All existing exterior lighting in Teton County installed before the effective date of
this amendment shall be brought into conformance with this section within the following time periods:
a. All existing exterior lighting located on a property that is part of a building or land use
application is required to be brought into conformance with this section before issuance
of a certificate of occupancy, final inspection, or final plat recordation, whichever is
applicable. For permits, the applicant shall have a maximum of 30 days from
date of permit issuance to bring the lighting into conformance.
b. All other existing exterior lighting on property used for residential, commercial,
institutional, or any public and semipublic uses that is not in conformance with this
article shall be brought into conformance with this article within ten (10) years from the
date of adoption of this article.
10. Definitions. The following definitions apply to this Section.
Color temperature. Color characteristics of light (temperatures) measure the appearance of the light
from warm (yellows/red) to cool (white). Color temperature is rated in degrees of Kelvin and does not
reflect the physical temperature (or heat) of a lamp. Light sources such as incandescent bulbs (2700
degrees Kelvin) and halogen lamps (3000 degrees Kelvin) are at each end of the color spectrum.
Distribution. The pattern of light produced by a lamp or light fixture.
Floodlighting. An indiscriminate way of lighting an area that is usually associated with outdoor
security or utility functions. The light is projected in a broad beam. These lights often blend into the
landscape of a home.
Foot-candle (fc). The American unit used to measure the total amount of light cast on a surface
(illuminance). The unit of illuminance when the foot is taken as the unit of length. Also, it is the
illuminance on a surface one square foot in area on which there is uniformly distributed one lumen.
Full cut-off luminaires. An industry recognized term meaning: A luminaire designed and installed
such that no light is emitted at or above the horizontal, and limited light (100 candela per thousand
lamp lumens) is emitted everywhere between horizontal and 10 degrees below horizontal. A full cut-
off luminaire is also fully shielded.
Fully shielded. The luminaire and its mounting, taken as a whole, that allows no direct light above the
horizontal. Fully shielded is not necessarily full cut-off.
Title 9 Revised 05/16/2013 Teton County Idaho Page 60 of 87
9-4-1 (K-10) 9-4-1 (K-10)
Glare. Stray light striking the eye that may result in (a) nuisance or annoyance glare such as light
shining into a window; (b) discomfort glare such as bright light causing squinting of the eyes; (c)
disabling glare such as bright light reducing the ability of the eyes to see into shadows; or (d) reduction
of visual performance. The sensation produced by luminance within the visual field that is sufficiently
greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in
visual performance and visibility.
Height (of light). The height shall be measured from finished grade to the lamp center or lens surface,
whichever is lower.
Holiday lighting. Strings of individual lamps, where the lamps are at least three inches (3”) apart and
the output per lamp is not greater than 15 lumens.
House side shield. An internal or external shield on a fixture that limits light in one direction.
IESNA recommended publication. A publication of the Illuminating Engineering Society of North
America.
Illuminance. The amount of light, measured in foot-candles, falling on any point of a surface. All
illuminance values in this title shall be initial values based on new lamps and fixtures. Unless
otherwise specified, “illuminance” refers herein to horizontal illuminance, measured at ground level.
Kelvin. A unit of temperature. In this ordinance, it refers to the Correlated Color Temperature (CCT),
a measure of the color spectrum of a lamp. A lower CCT indicates a “warmer” or less bluish light
source.
Lamp. The generic term for an artificial light source, e.g. bulb, to be distinguished from the whole
luminaire.
Light trespass. Light falling on the property of another property or a right-of-way when it is not
required to do so.
Lighting official. The person designated by the Board to administer this Section.
Lighting plan. Documents specific to a land use that describe the location and characteristics of all
exterior lighting and the light levels on the property and at the property boundaries.
Lumen. A rating; a manufacturer-supplied measure of light emitted from a lamp. All lumens in this
Section are initial lumens, that is, the amount emitted by a new lamp after 100 hours of seasoning.
Lumens are usually listed on lamp packages as “Light Output”. Also, the amount of light a bulb
produces or a quantitative unit measuring the amount of light emitted from a light source.
Luminaire. The complete lighting unit, including the lamp, the fixture, and other parts.
Motion detector. A device that activates a luminaire when it senses motion. To meet the exemptions
in this Section, motion detectors must sense motion only on the property on which it is installed and
must switch the luminaire off within five (5) minutes after detected motion ceases.
Title 9 Revised 05/16/2013 Teton County Idaho Page 61 of 87
9-4-1 (L) 9-4-2(B-2)
L. RIDGELINE DEVELOPMENT: Development on the crest of a hill which has the potential
to create skylining shall comply with the following requirement:
1. All building envelopes shall be located so that no portion of a building up to thirty (30)
feet tall shall be visible over the top of the ridge on which it is located when viewed from a
State Highway or Ski Hill Road to the maximum extent feasible. If not feasible, the applicant
shall submit a mitigation/landscaping plan to adequately minimize the visual impact. (amd.11-
14-2008)
9-4-2: IMPROVEMENT STANDARDS
A. RESPONSIBILITY FOR PLANS:
It shall be the responsibility of the developer of every proposed subdivision or PUD to have prepared
by a registered engineer, a complete stamped and certified set of final construction plans, including
profiles, cross sections, specifications and other supporting data for all required public streets, utilities
and other facilities. Such construction plans shall be based on preliminary plans that have been
approved with the preliminary plat and shall be prepared in conjunction with the final plat.
Construction plans are subject to approval by the responsible public agencies. All construction plans
shall be prepared in accordance with the state and County standards or specifications. After Board
approval of the Final Master Plan, Development Agreement, and Final Plat, final construction plans
shall be submitted to the County for approval. (ORD.9 as Amd through 9-25-2000; Amd. 09-09-2002;
Amd.06-05; Amd. 09-2010 Amd. 0211-03-17)
B. REQUIRED PUBLIC IMPROVEMENTS:
In subdivisions with required public improvements, the applicant shall create a homeowners
association or other organization with the power and responsibility to maintain the required public
improvements over time, and with a reliable source of dues, assessments, or other revenues to support
that maintenance and operation. (amd. 11-14-08 and 2011-03-17) Every subdivider shall be required
to install the following public and other improvements, when required, in accordance with the
conditions and specifications:
1. Monuments: Monuments shall be set in accordance with section 50-1303, Idaho Code.
2. County Roads and Subdivision/PUD Streets: Costs for upgrading new or existing
County roads, and subdivision/PUD streets that are required to serve traffic generated by the
proposed development, including any roads needed to connect the proposed development with
the nearest County road or one of the state highways, shall be borne by the applicant and are
required to meet minimum public safety standards in accordance with the County Road
Standards, as amended. (amd. 11-14-08)
Title 9 Revised 05/16/2013 Teton County Idaho Page 62 of 87
9-4-2 (B-3) 9-4-2 (B-10)
3. Curbs and Gutters: Curbs and gutters may be recommended by the Commission or
required by the Board if determined that they would improve storm water transmission, reduce
street maintenance costs, or reduce soil erosion adjacent to the road, and if required shall be
constructed in accordance with the standards and specifications adopted by the Board.
4. Pathways: A pathway may be required within subdivisions or PUDs as part of the
public right-of-way or as a separate easement. In addition, if a County adopted pathways plan
shows a pathway through or adjacent to the proposed development, the development
application shall show the location of that pathway and the on-site pathway shall connect with
that alignment. (Amd. 11-14-08)
5. Installation of Public Utilities: Underground utilities shall be required for all
subdivisions and PUDs in accordance with county and state codes and requirements. (Amd.06-
05)
6. Drainage: Each subdivision and PUD shall provide a storm water drainage system,
together with a stamped certification from a professional engineer that the proposed storm
water drainage is adequate to retain or detain anticipated peak storm water on site and/or
convey it off-site in compliance with state and local law requirements regarding the protection
of downstream property owners, and in a manner to prevent soil erosion and sedimentation
both on and off-site. (amd. 11-14-08)
7. Water Supply and Sewer Systems: The applicant shall provide water supply and sewer
system adequate to meet the needs of the proposed development while avoiding damage to
the environment. As required by Idaho Code Title 50, Chapter 13, Section 1326, central water
systems and sewage waste systems shall be required upon the recommendation and approval of
the Eastern Idaho Public Health Department and upon the recommendation and approval of the
Department of Environmental Quality when that is required by state code. Individual wells
require the approval of the State Department of Water Resources. Individual septic systems
require the approval of the Eastern Idaho Public Health Department. When required by state
code, both individual wells and septic system may require approval of the Department of
Environmental Quality. (Amd. 09-09-2002; Amd.06-05; (amd. 11-14-08)
8. Fire Protection: Adequate fire protection shall be in accordance with The Teton County
Fire Protection District as per The International Fire Code, as amended, and the Teton County
Fire Protection District “Resolution for Subdivisions,” as amended. (Amd.06-05)
9. Street Lighting: Street lights may be required to be installed at intersections throughout
the subdivision or PUD if the Commission or Board determines it is necessary for traffic safety.
The applicant shall conform to the requirements of the County in accordance with Titles 8 and
9 and the public utility providing such lighting. (Amd.06-05)
10. Public Land Access: Existing public access points and routes to public lands and
waterways shall remain open and be maintained with the same or upgraded standards as may be
required at the Commission and Board’s request. (amd. 11-14-08)
Title 9 Revised 05/16/2013 Teton County Idaho Page 63 of 87
9-4-2 (B-11) 9-4-2 (C-2e)
11. Addresses and Subdivision Name: All subdivisions and PUDs with more than two lots
on a private road shall have an entrance sign stating the name of the subdivision or PUD, as
approved by the Planning Administrator based on the current sign ordinance regulations in
accordance with Chapter 9 of Title 8. All roads within the subdivision or PUD shall have street
signs, and each dwelling unit shall be addressed with numbers posted in a visible location.
(ORD.9 as Amd. through 9-25-2000; Amd.06-05; Amd. 2011-03-17)
C. GUARANTEE OF COMPLETION:
1. Financial Guarantee Arrangements: Before beginning construction on the required
public improvements, the Final Plan, Final Development Agreement, Final CC&R’s, and Final
Improvement Plans shall be recorded. The Board of County Commissioners shall require the
subdivider to provide a financial guarantee of performance for those requirements which are
over and beyond the requirements of any other agency responsible for the administration,
operation and maintenance of the applicable public improvement. Public improvements shall
include but not be limited to: roads, phone, electric, public water, and public sewer, fire
protection, cable, lighting, street signs, and required landscaping. (amd. 09-22-03; amd. 06-05;
amd. 2011-03-17)
2. Letter of Credit, Cash Deposit with Teton County, or Bond:
a. Accrual: The surety shall accrue to the County covering construction,
operation and maintenance of the specific public improvements (amd. 2011-03-17).
b. Amount: The surety shall be in the amount equal to the one hundred twenty-five
percent (125%) of the total estimated cost for completing construction of the specific
public improvements, as estimated by a registered engineer and approved by the
Board of County Commissioners. The engineer’s cost estimate shall be current within
ninety (90) days of securing the financial surety (amd. 2011-03-17).
c. Term Length: A surety shall be in force for a period of 12 months with
guaranteed extensions until such time as the public improvements are completed and
accepted by the County (amd. 2011-03-17).
d. Financial Guarantee: A Letter of Credit shall be with a financial establishment
authorized to do business in the State of Idaho, acceptable to the Board of County
Commissioners. A Cash Deposit into a Teton County escrow account shall be in form
of a certified check or cash. The County shall maintain any interest accrued. A Bond
shall be from a County approved bonding company (amd. 2011-03-17).
e. Beneficiary: A Letter of Credit or Bond shall be drawn to the favor of and
furnished to Teton County, be recorded with the Planning Department, and then
deposited with the County Treasurer (amd. 2011-03-17).
Title 9 Revised 05/16/2013 Teton County Idaho Page 64 of 87
9-4-2 (E-3) 9-4-2 (G-1)
3. Approval of Final Plat: With respect to financial guarantees, the approval of all final
subdivision or PUD plats shall be conditioned on the (amd. 06-05) construction of
improvements required by this title by the developer and approved by the County Engineer. All
improvements must be approved by the developer’s engineer with a notarized and recorded
letter (amd. 2011-03-17).
D. INSPECTION OF PUBLIC IMPROVEMENTS UNDER CONSTRUCTION:
Before approving a final plat, construction plans, and specifications for public improvements,
an agreement shall be made in writing between the developer and the Board of County
Commissioners to provide for checking or inspecting the construction and its conformity to the
submitted plans. Prior to construction of public improvements, a pre-construction meeting is
required with the Teton County Zoning Official, the Teton County Engineer, the Teton County
Fire Marshal and the project engineer and the contractor. (amd. 06-05; amd. 2011-03-17)
E. PENALTY IN CASE OF FAILURE TO COMPLETE CONSTRUCTION OF PUBLIC
IMPROVEMENTS:
In the event the subdivider shall, in any case, fail to complete such work within the period of
time as required by the conditions of the guarantee for the completion of public improvements,
the Board of County Commissioners may proceed to have such work completed (amd 2011-03-
17). In order to accomplish this, the Board of County Commissioners shall reimburse itself for
the cost and expense thereof by appropriating the cash deposit, certified check, irrevocable
letter of credit, or negotiable bond which the subdivider may have deposited in lieu of surety
bond, or may take such steps as necessary to require performance by the bonding or surety
company, and as included in a written agreement between the Board of County Commissioners
and the subdivider.
F. REDUCTION AND RELEASE OF GUARANTEE:
Only after the inspecting engineer certifies that improvements are complete and free from
defect, after receipt of notarized statement, and itemized bill, the county shall release the
subdivider from the subdivision improvements agreement. (Title 9 as amd. through 9-25-2000;
amd. 01-16-2002)
G. SHARING DEVELOPMENT COSTS:
Public works improvements shall be paid for by the developers. Future development by
adjacent landowners that will benefit by the use of the public improvements set forth in this
section shall pay their pro rata share as outlined below. (amd. 06-05)
1. Compensation: Circumstances where the original developer may be compensated
by adjacent land owners for a portion of the cost for these improvements: (amd. 06-05)
Title 9 Revised 05/16/2013 Teton County Idaho Page 65 of 87
9-4-2 (G-1a) 9-4-2 (G-3-a)
a. Any adjacent landowner that develops frontage along or immediately adjacent to
any public improvements, whose development would be benefited from connecting
onto or accessing additional public easements or rights of way, shall be required to
share costs with the original developer. (amd. 06-05)
b. Compensation from adjacent land owner: Where an adjacent land owner may
benefit from the installation of public improvements, the developer may contact the
adjacent land owner and solicit participation in the costs for such improvements. If an
agreement for sharing development costs can be reached, it shall be in writing and shall
be submitted by the developer initially responsible for the facilities, as part of the
development agreement with the Final Plan, Development Agreement and Plat. (amd.
06-05)
2. No Participation from Adjacent Land Owners: When adjacent land owners chose not to
participate, then the original developer may be entitled to compensation from adjacent land
owners when they develop as follows: (amd. 06-05)
a. Letter of Notification: The original developer must file a letter of notification
with the County indicating his intent to be considered for reimbursement of a portion of
the costs of the public improvements required by this ordinance. (amd. 6-05)
b. Cost Estimate: The letter of notification and an estimate of the costs for public
improvements to be installed by the Developer shall be filed with the County Planning
and Building Department not later than approval of the Final Plan, Development
Agreement and Final Plat by the Board of County Commissioners. The cost estimate
may include land acquisition, roads, water and sewer, irrigation and canals and other
such costs of construction for required public improvements. (amd. 06-05)
c. The letter of notification shall be used by the County to alert adjacent land
owners of record, of their responsibility to the original developer. (amd. 06-05)
d. The failure to submit the letter of notification and cost estimate by the approval
date of Final Plan, Development Agreement and Final Plat by the Board of County
Commissioners shall constitute a wavier by the original developer to the right to request
reimbursement as outlined in this section of the ordinance. (amd. 06-05)
3. Future Development; Pro Rata Share: Future planned developments that would use the
public improvements shall not be approved by the County until the new developer agrees in
writing to adequately compensate the original developer or legal agent for a pro rata share of
the costs of public improvement. Determination of the pro rata shall be based on the following:
(amd. 06-05)
a. Roads, Length of frontage, for example, if two (2) landowners shared the same
length of road on both sides of the street, the cost would be shared equally.
(amd. 06-05)
Title 9 Revised 05/16/2013 Teton County Idaho Page 66 of 87
9-4-2 (G-3-b) 9-4-3 (A)
b. Number of lots per subdivision, for example, cost for water or sewer lines shall
be based on cost of construction of pipelines and relocation of irrigation pipe lines and
canals that are have shared use by both developments, the cost being shared equally.
(amd. 06-05)
4. Reimbursement to Original Developer: Reimbursement to the original developer
would be one hundred percent (100%) of the pro rata share during the first five (5) years
following construction of the improvements, cost would then be depreciated ten percent (10%)
per year thereafter, and no pro rata share would be due after (10) ten years following the initial
construction, unless a specific agreement was developed and agreed to that extended this time
frame. (amd. 06-05)
9-4-3: MOBILE HOME SUBDIVISION OR PUD
A. A mobile home subdivision or PUD shall be subject to all zoning regulations in Title 8 and all
provisions of this Title 9. In addition, mobile home subdivisions and PUDs shall be screened from
adjacent areas by aesthetically attractive fences, walls, living planting areas or existing natural or
manmade barriers. The mobile home subdivision or PUD shall have a homeowners’ association to
ensure that the development and the screening from adjacent areas are adequately maintained.
(Amd.06-05; (amd. 11-14-08)
Title 9 Revised 05/16/2013 Teton County Idaho Page 67 of 87
9-5-1 9-5-1(B-5)
CHAPTER 5
PLANNED UNIT DEVELOPMENTS
SECTION
9-5-1: General
9-5-2: Rural Reserve PUDs
9-5-3: Planned Community PUDs
9-5-1: GENERAL
A. TYPES OF PUDS: Two (2) types of PUDs are available under Title 9:
1. Rural Reserve PUD: A PUD or part of a PUD located outside the cities’ areas of
impact and containing no more than one hundred (100) lots (or if it is being developed as a
condominium, then no more than one hundred [100] dwelling units), which shall be designed to
preserve the open, rural character of Teton County and to avoid the creation of urban densities
or urban infrastructure outside of the cities’ areas of impact.
2. Planned Community PUD: A PUD or part of a PUD located outside the cities’ areas of
impact and containing more than one hundred (100) lots or dwelling units, which shall be
designed to preserve the open, rural character of Teton County by minimizing the visual
impacts of the development and preventing the appearance of large, scattered, free-standing
communities in those areas.
B: PURPOSE: The purposes of the PUD regulations and process are:
1. To encourage development that is consistent with the policies and objectives of the
Comprehensive Plan through the use of innovative designs and the application of sound design
principles. When the County adopts a Projected Land Use Map (PLUM) as a part of the
Comprehensive Plan, or to supplement the Comprehensive Plan, this purpose shall be
interpreted to encourage development that is consistent with that PLUM.
2. To preserve high quality open space in meaningful amounts and in desirable locations.
3. To permit clustering and similar design solutions that encourage protection of scenic
areas, wildlife habitats and migration routes, skylines, wetlands, and riparian areas. (Amd.06-
05)
4. To encourage compact rather than scattered developments.
5. To provide opportunity for development where site constraints or other similar factors
make the PUD approach more reasonable and desirable than the standard subdivision design.
Title 9 Revised 05/16/2013 Teton County Idaho Page 68 of 87
9-5-1(B-6) 9-5-1(E-1)
6. In the Rural Reserve area to encourage development that protects the rural, open
character by minimizing the visual impacts of the development and preventing the appearance
of large, scattered, free-standing communities in those areas.
7. In the Rural Reserve area to encourage development designs that cause the least
possible disruption of farming, ranching, or other established and ongoing land use activities.
8. In the Rural Reserve area to encourage open space along the scenic corridors or in the
most aesthetically pleasing areas of the land to shield development from view from the Scenic
Corridors. (ORD.9 as Amd. through 9-25-2000; Amd.06-05)
9. In the Rural Reserve area, to encourage development designs that protect migration
corridors and breeding areas for those species and habitat identified on the Wildlife Habitat
overlay map.
C. HEIGHT, SETBACK, AND LOT SIZE:
In the interest of promoting flexibility and achieving goals set out in section 9-5-1-B of this
Chapter, a PUD may vary from applicable height, setback, and lot size restrictions when
approved by the Board. The building height, architecture, and land coverage within the PUD
shall be designed and arranged to enhance the livability and attractiveness of adjacent land
uses. The setback and height requirements of the adjacent zone may be required on the
periphery of the PUD. Any variations from the height, setback, and lot sizes required in
section 8-4-4 of this code must be recorded on the plat and must not compromise the health,
safety, and general welfare of the County. (ORD.9 as Amd. through 9-25-2000)
D. COMPLIANCE WITH ZONING OVERLAYS:
All PUD applications must comply with all procedural and substantive requirements of any
applicable overlay provisions of Title 9 and Title 8, including but not limited to the regulations
in section 8-5-2 Overlay Regulations. (ORD.9 as Amd. through 9-25-2000). The ability of
PUD’s to vary from the height, setback, and lot size regulations of the underlying zoning
district does not include the ability to vary any of the Overlay Area regulations.
E. DEEDING OR DEDICATION OF OPEN SPACE:
1. The land designated as open space within a PUD must be committed to open space by
one (1) or more recorded instruments. This will require deeding, e.g., the seller may retain the
deed with a deed restriction to maintain open space or a formal dedication of conservation
easement (or a fee interest) to an appropriate governmental entity, charitable organization, or
homeowner’s association. Open space may also be platted, and deed restricted to the
satisfaction of the Board, as one or more large privately held lot(s) a minimum of 20 acres
each, with specified building envelopes. The Board must be satisfied that the preservation of
open space is viable and the entity to which the open space is deeded is a sound, independent
and legitimate organization whose primary purpose is to protect and maintain open space.
(Amd.06-05)
Title 9 Revised 05/16/2013 Teton County Idaho Page 69 of 87
9-5-1(E-2) 9-5-1(I)
2. The Planning Administrator in consultation with the developer and the project
engineer shall recommend the number, size and locations of building sites above one (1)
allowed to be platted as privately owned lots in the open space of the PUD so as to protect
the integrity of the open space and protect the health, safety and general welfare of the
county. (Amd.06-05)
F. MANAGEMENT OF OPEN SPACE:
1. Open Space Management Plan: A management plan for all required or dedicated
open space and any recreation facility on the open space shall be provided as part of the
development agreement for the PUD. The plan must include a dedicated funding source
and sufficient guarantees that the land can be maintained in open space for its intended use
(including recreation facilities if applicable) without becoming a nuisance and without
financial support or maintenance services from the County. If the intended use of the
open space requires water, then there shall be an adequate water right available to all
required or dedicated open space.
2. Management of Wildlife Habitat Land: Where the designated open space is
intended to protect fish or wildlife habitat, a fish and wildlife open space management
plan as described in section 9-3-2 shall be required.
G. PHASED DEVELOPMENT: PUD developments can be developed in one or more
phases. Phasing of a PUD shall be part of the Final Master Plan, Development
Agreement, Facility Map and Final Plat submittal approved by the Board. The required
fees for a phase shall be paid prior to starting development of that phase in
accordance with the estimated time line for phasing as recorded on the Facility Map.
PUDs that do not meet the time line as stipulated on the Facility Map shall be called in for
review by the Planning Administrator and may have the permits revoked. Fees paid shall
not be refunded. (ORD.9 as Amd. through 9-25-2000; Amd.06-05)
H. PUD APPLICATION AND REVIEW PROCEDURE: The procedure for processing
an application under this Chapter 5 will follow the general procedures for approval
outlined in Chapter 3 of Title 9. (ORD.9 as Amd. through 9-25-2000; Amd.01-
16-2002; Amd.06-05)
I. REVIEW BY DISTRICT COURT: Any final decision of the Board is subject to
judicial review as provided in the Idaho law. (ORD.9 as Amd. through 9-25-2000)
Title 9 Revised 05/16/2013 Teton County Idaho Page 70 of 87
9-5-1 (J) 9-5-2 (D-1)
J. DENSITY: Maximum densities indicated for a particular type of PUD in sections 9-5-2
and 9-5-3 below are not entitlements, but represent the maximum density potentially
available. The Commission may recommend and/or the Board may approve a final
development density lower than the maximum densities indicated in sections 9-5-2 and
9-5-3 below, as applicable.
9-5-2: RURAL RESERVE PUDS
A. SIZE: The minimum size of a Rural Reserve PUD is twenty (20) contiguous acres.
There is no maximum acreage limit.
B. PERMITTED LAND USES: The primary land use in a Rural Reserve PUD is
residential. Non-residential uses may be included provided that the land area of the lots
on which they are located does not exceed two (2) percent of the developed land area
(excluding required open space) of the PUD. In a Rural Reserve PUD, non-residential
uses may include (a) non-commercial institutional uses such as schools, churches, or
clubhouses or (b) commercial uses designed and sized to serve the daily needs of PUD
residents, but shall not include commercial uses designed or sized to serve the needs of
residents or visitors from outside the PUD. Non-residential uses shall be located within
the interior of the PUD, and not along State Highways or maintained county roads
bordering the PUD.
C. MAXIMUM DENSITY: If the Rural Reserve PUD property is located in an area zoned
A2.5, the maximum density shall be fifty (50) dwelling units per one hundred (100)
acres. If the Rural Reserve property is located in an area zoned A20 the maximum
density shall be fifteen (15) dwelling units per one hundred (100) acres. No
additional density shall be permitted if the Rural Reserve PUD includes provision of
central or community water or sewer systems.
D. COMMUNITY BENEFITS (OPEN SPACE): Each Rural Reserve PUD shall provide a
minimum of fifty (50) percent of the gross land area in the application as open space. The
required open space shall be contiguous parcels of large, intact areas of open lands, rather
than being scattered in strips around the outer edges of the application parcel or
gerrymandered with thin strips connecting otherwise non-contiguous areas, to the
maximum extent feasible. The required open space need not be made available for public
use. If the designated open space is included in a golf course or other recreation facility,
only one-half (1/2) of the open space acreage shall be counted towards the minimum
required open space. The required open space shall include lands based on the
following priorities (in declining order of importance):
1. Land in the FP Floodplain Overlay, the WL Wetland Overlay, the HS Hillside
Overlay, portions of the WH Wildlife Habitat Overlay where evidence of indicator
Species or the presence of indicator habitat has been confirmed through the wildlife
habitat assessment, and the SC Scenic Overlay, to the maximum extent feasible. The
Title 9 Revised 05/16/2013 Teton County Idaho Page 71 of 87
9-5-2 (D-1) 9-5-2 (E-5)
Commission may consider information from technical assistance provided pursuant to
section 9-3-2 (C-6) in determining whether this criterion has been met.
2. Land contiguous with public lands, conservation easements, and dedicated open
spaces on adjacent parcels, or with lands in the FP Floodplain Overlay, the WW Wetland
and Waterways Overlay, the HS Hillside Overlay, portions of the WH Wildlife Habitat
Overlay where the evidence of indicator species or the presence of indicator habitat has
been confirmed through the wildlife habitat assessment, and the SC Scenic Corridor
Overlay Areas on adjacent parcels to the maximum extent feasible.
3. Land used for agriculture jointly with adjacent farming areas.
E. CLUSTERED DEVELOPMENT: In order to preserve the rural, open character of the
area, lots in Rural Reserve PUDs shall be clustered to avoid priority open space areas the
maximum extent feasible. Clustered development areas:
1. Shall be located on lands remaining after the designation of open space areas, and
shall not include lands in the FP Floodplain Overlay, the WW Wetland and Waterways
Overlay, the HS Hillside Overlay, portions of the WH Wildlife Habitat Overlay where
evidence of indicator species or the presence of indicator habitat has been confirmed
through the wildlife habitat assessment, and the SC Scenic Overlay Areas to the
maximum extent feasible.
2. Shall be located in areas that minimize visibility from the State Highways and Ski
Hill Road, and from adjacent development, to the maximum extent feasible.
3. Shall be located to minimize impact on crop production, grazing, and agricultural
activities on the application parcel or adjacent parcels. (In most cases this will require that
clusters not be located along property boundaries adjacent to land in productive
agricultural use.)
4. Shall have building envelopes located, to the maximum extent feasible, to mitigate
hazards on lands identified as areas of “High” or ”Extreme” wildfire danger as shown on
the latest adopted version of the Teton County Wildland Fire Mitigation Plan. The Fire
Marshall of the Teton County Fire Protection District shall be consulted for assistance,
recommendations, and advice with regard to the Teton County Fire Protection District
Resolution #3, Urban Wildland Interface Assessments. Efforts shall be taken to mitigate
the risks outlined in this Resolution.
5. Shall contain a minimum of five (5) residential lots, unless there will be fewer than
five (5) lots in the entire PUD or the application demonstrates that one (1) or more clusters
of less than five (5) lots is necessary for the protection of the priority open spaces
identified in subsection D-1 above.
Title 9 Revised 05/16/2013 Teton County Idaho Page 72 of 87
9-5-2 (E-6) 9-5-3 (C)
6. Shall each contain a maximum of twenty-five (25) residential lots, unless the
application demonstrates that the creation of one (1) or more larger clusters is necessary to
better protect the priority open spaces identified in subsection D-1 above, in which case
the maximum number of residential lots in a cluster shall be thirty-five (35), unless the
Board determines that larger clusters would better implement the goals of the
Comprehensive Plan.
F. CONTIGUOUS OR SEQUENTIAL PUDS: If an applicant or a group of applicants
with similar or overlapping ownerships present to the County applications for Rural
Reserve PUDs that are contiguous with each other, either simultaneously or in sequence,
and it appears to the Planning Administrator that the PUD applications are parts of a larger
scheme for development that would qualify as a Planned Community PUD if it were
presented as a whole, the Planning Administrator may require the applicant(s) to submit
an application for a Planned Community PUD or may require that sequential applications
be reviewed and approved pursuant to the standards applicable to a Planned Community
PUD.
9-5-3: PLANNED COMMUNITY PUDS:
A. SIZE: The minimum size of a Planned Community PUD is 101 dwelling units. There is
no maximum size limit.
B. PERMITTED LAND USES: The primary land use in a Planned Community PUD is
residential. Non-residential uses may be included provided that the land area of the lots
on which they are located does not exceed two (2) percent of the developed land area
(excluding required open space) of the PUD. In a Planned Community PUD, non-
residential uses may include (a) non-commercial institutional uses such as schools,
churches, or clubhouses, (b) commercial uses designed and sized to serve the daily needs
of PUD residents, or (c) commercial operations related to the recreational, sports, cultural,
or entertainment focus of the PUD (for example, equestrian-related facilities in an
equestrian-themed PUD), which may be designed and sized to serve residents or visitors
from outside the PUD. Non-residential uses shall be located within the interior of the
PUD, and not along State Highways or maintained county roads bordering the PUD.
C. MAXIMUM DENSITY: If the property is located in an area zoned A2.5, the maximum
density shall be fifty (50) dwelling units per one hundred (100) acres. If the property is
located in an area zoned A20 the maximum density shall be fifteen (15) dwelling units per
one hundred (100) acres. No additional density shall be permitted for the provision of
central or community water or sewer systems.
Title 9 Revised 05/16/2013 Teton County Idaho Page 73 of 87
9-5-3 (D) 9-5-3 (E-1)
D. COMMUNITY BENEFITS:
1. Because larger developments are more likely to compromise the open, rural
character of the Rural Reserve areas unless the additional dwelling units are balanced by
additional open space, each Planned Community PUD shall provide a minimum of
seventy (70) percent of the gross land area in the application as open space. Except for the
increased percentage required, the required open space shall meet all of the requirements
for open space in Rural Reserve PUDs in section 9-5-2-D.
2. In addition, each Planned Community PUD shall provide a public or community
water supply system(s) and a public or community sewer system(s) meeting all
requirements of the Eastern Idaho Public Health Department and the Department of
Environmental Quality, and shall create a taxing district or homeowners association with
the responsibility to maintain and replace those water and sewer facilities. The taxing
district or homeowners association must be created with the power to compel the payment
of dues, assessments, or taxes through liens on individual properties if necessary. The
development shall be subject to CC&Rs that include the County as a party for purposes of
collection or enforcement of its terms. The CC&Rs shall provide that the County may
provide needed repairs and maintenance on the water and sewer systems if the
homeowners association or taxing district fails to do so, and to collect the costs of such
repairs and maintenance from the homeowners association or taxing district through liens
on individual properties if necessary.
3. In addition, each Planned Community PUD shall provide a system of walking
trails and bicycle pathways, that may be dedicated lanes on designated roads to connect all
development clusters to any recreational facilities, community facilities, and commercial
uses included in the PUD. Walking trails and bicycle pathways to be located in the
wildlife habitat open space areas as determined by the Wildlife Habitat Assessment shall
minimize any disruptive impacts anticipated by recreational uses of trails and pathways.
E. CLUSTERED DEVELOPMENT: Because larger developments are more likely to
compromise the open, rural character of the County unless the additional dwelling units
are located and designed to minimize their visibility and impacts on the land, larger
clustered developments must be subject to stronger siting constraints.
1. Each Planned Community PUD shall comply with the same requirements for
clustered development areas applicable to Rural Reserve PUDs, except that the maximum
number of residential lots in each development cluster shall be fifty (50) unless the Board
determines that larger clusters would better implement the goals of the Comprehensive
Plan.
Title 9 Revised 05/16/2013 Teton County Idaho Page 74 of 87
9-5-3 (E-2)
2. In order to minimize the visibility of development clusters, each Planned
Community PUD shall be subject to CC&Rs requiring that all buildings shall not be of
highly reflective materials. (Sections: 9-5-1, 9-5-2, 9-5-3; amd. 11-14-2008)
Title 9 Revised 05/16/2013 Teton County Idaho Page 75 of 87
CHAPTER 6
RESERVED FOR TRANSFER OF DEVELOPMENT RIGHTS
Title 9 Revised 05/16/2013 Teton County Idaho Page 76 of 87
9-7-1 9-7-2 (B)
CHAPTER 7
VACATIONS, DEDICATIONS AND BOUNDARY ADJUSTMENTS (amd. 2011-04-14,
2011-8-11))
SECTION:
9-7-1: Vacations Of Plats, Easements, Rights-Of-Way; Lot Consolidations and Amendments To
Recorded Subdivisions Documents ( amd. 2011-08-11)
9-7-2: Dedication Procedures
9-7-3: Minor Boundary Adjustments (amd. 2011-04-14)
9-7-1: VACATIONS OF PLATS, EASEMENTS, RIGHTS-OF-WAY; LOT
CONSOLIDATIONS AND AMENDMENTS TO RECORDED SUBDIVISIONS
DOCUMENTS (2011-08-11)
A. APPLICATION: In accordance with Idaho State Statues §§ 50-1301 through 1326, any person,
persons, firm, association, corporation or other legally recognized form of business desiring to change or
vacate a plat or part thereof, a public right of way, or easement, may petition the County by filing a
completed application with the applicable information and required nonrefundable fee at the planning and
zoning office of the County. The following steps to apply to vacate or change these recorded property
documents are:
1. Pre-Application Conference: The applicant shall schedule and meet with the Planning
Administrator in a Pre-Application Conference to determine the type and magnitude of any
proposed change to an easement, right-of-way, or proposed changes or vacations to a recorded plat.
2. Following the Pre-application meeting the Planning Administrator shall provide the applicant a
checklist of the revised drawings, maps, reports or other submittal items that are necessary to
review the changes that are proposed. The application shall set forth particular circumstances of the
request to vacate; and contain a legal description of the platted area or property to be vacated and
the names of the persons affected thereby.
3. The Planning Administrator may commence review of the application only after the applicant has
submitted the required items that were identified in the Pre-Application meeting checklist and have
paid all fees and demonstrated that all taxes are current.
B. REVIEW OF PROPOSED CHANGES TO RECORDED PLATS, EASEMENTS, RIGHTS-
OF-WAY, MASTER PLANS, OR DEVELOPMENT AGREEMENTS: Any proposed changes to a
right-of-way, recorded easement, an approved plat of a subdivision or Planned Unit Development and the
accompanying Master Plan, or the recorded Development Agreement shall first be reviewed by the
Planning Administrator to determine if the changes are insignificant, substantial- increase, or substantial-
decrease in nature. The Planning Administrator has the discretion to schedule meeting time in front of the
Title 9 Revised 05/16/2013 Teton County Idaho Page 77 of 87
9-7-1 (B-1) 9-7-1 (B-2)
Commission and/or the Board for an evaluation of the changes. Changes to the previously recorded
documents shall be approved or denied pursuant to this subsection.
1. Purpose and Intent. The purpose and intent of this Subsection is to provide an efficient
procedure for reviewing changes or proposed vacations to previously recorded rights-of way,
easements, to recorded plats of subdivisions and Planned Unit Developments or to recorded
Development Agreements. It is the further purpose and intent to ensure the revised plats, and
Planned Unit Developments or recorded Master Plans comply with all applicable regulations
but it is desirable to avoid unnecessary duplication of studies and analyses that may have been
required as part of the initial plat application and approval. The purpose and intent also is to
reduce the intrusion of development into sensitive natural areas of the county and reduce
governmental costs associated with scattered development by expediting changes to recorded
plats that reduce the number of vacant platted lots in the county.
2. Definitions. For purposes of this Subsection the following definitions shall apply.
a. Insignificant Changes / Vacations. – The proposed changes to the recorded land records
have minimal direct impact on the immediate neighborhood, general vicinity of the
subdivision or overall community. These include:
i. vacations of portions of a plat, except where platted open space acreage would be
reduced in acreage or the value of the protected resource may be diminished.
ii. minor amendments to the recorded Master Plan,
iii. lot line adjustments between lots within a subdivision,
i. lot consolidations of two or more platted lots into fewer lots,
ii. the re-arrangement or relocation of five (5) or fewer lots, parcels or buildings that
does not encroach further into natural resource areas or Overlay Areas as defined in
Title 8 or Title 9 or move closer to neighboring property;
iii. a minor boundary adjustment between a lot in a platted subdivision and an adjacent
non-platted property,
iv. minor changes to the layout of roads, utilities or other facilities;
v. other changes of similar magnitude and minimal direct impact.
b. Substantial Changes – Increase Scale, Impact. Substantial Changes – Increase Scale,
Impact are changes that increase the scale or scope of the platted subdivision, or increase
the direct or indirect impacts on the immediate neighborhood, general vicinity of the
subdivision or overall community. These substantial changes may include the following:
i. an increase in the number of lots;
ii. the re-arrangement or relocation of lots that encroach further into natural resource
areas or Overlay Areas as defined in Title 8 or Title 9 or move closer to
neighboring property;
iii. the relocation of parking facilities, buildings, or other elements of the development
that encroach further into natural resource areas or Overlay Areas as defined in
Title 8 or Title 9 or move closer to neighboring property; or
iv. other changes of similar magnitude or projected impact.
b. Substantial Changes/ Vacations – Decrease Scale, Impact. Substantial Changes or vacations
of a plat, the master plan, or portions of it that substantially decrease the direct or indirect
impacts on the immediate neighborhood, general vicinity of the subdivision or overall
community. These substantial changes may include the following:
Title 9 Revised 05/16/2013 Teton County Idaho Page 78 of 87
9-7-1 (B-2) 9-7-1 (B-3)
i. a reduction in the number of lots or parcels;
ii. the re-arrangement or relocation of more than five (5) lots or parcels that does not
encroach further into natural resource areas or Overlay Areas as defined in Title 8
or Title 9 or move closer to neighboring property;
iii. renegotiation of development agreement;
iv. other changes of similar magnitude or reduction of impacts.
3. Criteria for Approval Applications to vacate or make changes to recorded rights-of way,
easements, recorded plats, or master plans shall be reviewed using the following Criteria for
Approval.
a. Insignificant Changes.
i. Any proposed changes to an easement, public right-of way, or Planned Unit
Development, shall comply with all applicable criteria and standards of the county
regulations, conditions of approval established in the previous approval, and the
development agreement approved as part of the previous approval.
ii. Insignificant changes to a recorded plat or master plan shall not reduce the area of
designated open space or increase the number of lots or the overall amount of area
of development.
iii. Insignificant changes to a recorded plat, master plan, easement, or right –of-way
shall not increase or create new and potentially substantial direct or indirect impacts
on the neighborhood, vicinity of the subdivision or overall community.
b. Substantial Changes – Increase Scale, Impact
i. The master plan and plat for a subdivision or Planned Unit Development, including
the proposed changes, shall comply with all applicable criteria and standards of the
current county regulations.
ii. Any proposed changes to a recorded plat or master plan that increase direct or
indirect impacts may require additional mitigation pursuant to the criteria and
standards of county regulations.
b. Substantial Changes – Decrease Scale, Impact.
i. The applicant shall submit to the Planning Administrator revised maps showing the
proposed vacation or revisions to the layout of lots or buildings and any reduction
in the number of lots or buildings. The project’s Development Agreement may
require adjustments in order to reflect the substantial changes being proposed.
This revised layout shall be accompanied by the maps and analyses that were
submitted as part of the previous application and approval. These maps and
analyses include the following to the extent they were required for the previous
approval:
1. Existing Conditions Inventory and Existing Conditions Map;
2. Existing Contour Map;
3. Maps of Overlay Areas as established in Title 8 and Title 9;
4. Land Management Plan and/or Open Space Management Plan
5. Fiscal and Services Analysis;
6. Natural Resource Analysis; and,
Title 9 Revised 05/16/2013 Teton County Idaho Page 79 of 87
9-7-1 (B-3) 9-7-1 (B-4)
7. Traffic Impact Study.
8. Approved Development Agreement
ii. No additional studies or analyses are required.
iii. No additional application fees are required.
iv. The master plan and plat for subdivision or Planned Unit Development, including
the proposed changes, shall reduce governmental costs for operations and capital
expenses. The applicant shall provide financial surety of 125% of a current
engineer’s cost estimate for infrastructure OR the development agreement shall
require no lot sales in the improved amended plat until such time as infrastructure is
complete or financial surety has been provided. As applicable, shall reduce the
intrusion of development into natural resource areas that are protected by criteria in
county regulations or reduce development in the Overlay Areas as these areas are
defined in Title 8 or Title 9.
4 Proposed vacations or changes of a recorded easement, right-of-way, or to an approved plat for a
subdivision or Planned Unit Development, or a Development Agreement shall be reviewed pursuant
to the following procedures.
a. Insignificant Changes. Upon determining the application complete, and that the proposal
is an insignificant change or vacation, the Planning Administrator shall recommend to the
Board of County Commissioners approval, approval with conditions, or denial the
application pursuant to the criteria and standards in the county regulations. The Board may
review insignificant changes at a regularly scheduled public meeting.
b. Substantial Changes – Increase Scale, Impact. Upon the Planning Administrator
determining the application complete, and that the proposed changes are substantial, the
application shall be reviewed as a revised Preliminary Plat and revised Final Plat pursuant
to the procedures established for such applications. The Planning Administrator shall
schedule the application for review by the Planning and Zoning Commission and Board of
County Commissioners pursuant to the procedures established in this regulation for
Preliminary and Final Plats.
c. Substantial Changes – Decrease Scale, Impact. Upon the Planning Administrator
determining the application complete, and that the proposed changes will decrease the
scale or impacts of the development, the application shall be reviewed by the following
procedure.
i. Concept Review by Planning Administrator. The application for proposed
changes shall be reviewed by the Planning Administrator as a Concept Plan. The
Administrator shall recommend approval, approval with conditions or denial to the
Board.
ii. Preliminary/Final Plat by Planning and Zoning Commission. Upon receiving a
recommendation from the Planning Administrator, the Commission shall review
the application at a public hearing. A Final Plat application shall be submitted
pursuant to Title 50 of the Idaho Code and Title 9, and shall be accompanied with a
revised Development Agreement and /or Conditions, Covenants and Restrictions
(CC&R) as such revisions may be necessary to implement the Final Plat. The
Title 9 Revised 05/16/2013 Teton County Idaho Page 80 of 87
9-7-1 (B-4) 9-7-1 (I)
Commission shall recommend approval, approval with conditions or denial of the
proposed Master Plan, Final Plat and/or Development Agreement pursuant to the
criteria set forth in B-3-c of this section.
iii. Final Approval by Board of County Commissioners. Upon receiving a
recommendation from the Planning and Zoning Commission, the Board shall review
the application at a public meeting. The Board shall approve, approve with
conditions, remand back to the Commission, or deny the application pursuant to the
criteria set forth in B-3-c of this section.
d. Public Hearings and Public Notice. The scheduling, public notice and conduct of
public hearings as required in this Subsection shall comply with the standard procedures
established in county regulations and the Idaho Code §§ 50-1301 through 1326.
C. CITY COUNCIL NOTIFICATION REQUIRED: A solicitation for official comment shall be
conveyed to the city council of the affected city before granting any vacation by the Board of County
Commissioners when the easement, right-of way, platted area, or any part thereof lies:
1. Within the officially delineated Area of City Impact or within one mile of City limits,
2. Outside one mile of the city limits but adjacent to a platted area within one mile of the city.
D. NOTICE OF HEARING: Written notice of public hearing on the application shall be given by
U.S. Postal Service mailing, with a certification of mailing, at least ten days prior to the date of public
hearing to all property owners within 300 feet, at the applicant’s expense. Such notice of public hearing
shall also be published once a week for two successive weeks in the official newspaper of the city, the last
of which shall not be less than seven days prior to the date of said hearing; at the applicant’s expense, in
accordance with Idaho Code Title 50, Chapter 13, or as amended. (Amd. 09-22-2003, 08-11-2011)
E. BOARD OF COUNTY COMMISSIONERS ACTION: After a public hearing, the Board of
County Commissioners may approve, approve with conditions or deny the request for vacation, easement,
or dedication as they deem necessary in the public interest.
F. DEED: Whenever public rights of way or public lands are vacated, the Board of County
Commissioners shall provide adjacent property owners with a quitclaim deed for vacated property. (Title 9
as amd. through 9-25-2000)
G. CEMETERY PLAT: In the case of a vacation of a cemetery plat where there has no interment or in
the case of a cemetery being within three hundred feet (300’) of another plat for which a vacation is
sought, publication of the notice of hearing shall be the only required notice as to the property owners in
the cemetery.
H. EASEMENTS: In the case of easements granted for gas, sewer water, telephone, cable television,
power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these
easements shall occur upon recording of the new or amended plat; provided that all affected easement
holders have been notified by certified mail, return receipt requested, of the proposed vacation and have
agreed to the same in writing.
I. HIGHWAY DISTRICT: When public streets or public rights of way are located within the
Title 9 Revised 05/16/2013 Teton County Idaho Page 81 of 87
9-7-1 (J) 9-7-3(A)
boundary of a highway districts, the highway district commissioners shall assume the authority to vacate
comparable to the county commissioner or city council as appropriate.
J. PUBLIC HIGHWAY AGENCIES: Public highway agencies acquiring real property within a
platted subdivision or highway right of way purposed shall be exempt from the provisions of this
section.
K. LAND EXCLUSIVE OF PUBLIC RIGHT OF WAY: Land exclusive of a public right of way
that has been subdivided and platted in accordance with Idaho Code chapter 50 need not be vacated
in order to be replatted.
L. FEES: Fees shall be in accordance with the published fee schedule.
9-7-2: DEDICATION PROCEDURES:
A. PETITION TO DEDICATE: Any person desiring to dedicate or transfer platted private
roads or land must petition the Board of County Commissioners for dedication.
B. CONTENTS OF APPLICATION: The application shall include a certificate containing
the correct legal description of the land and shall set forth the particular circumstances of
the request to dedicate.
C. DEED: The owner shall furnish a deed describing and conveying such lands to the county
to be recorded by the county recorder upon approval by the Board of County
Commissioners.
D. CONSTRUCTION, IMPROVEMENTS AND BOND: The Board of County
Commissioners shall determine the necessary construction and improvements needed to
bring the property to county standards before accepting or approving the proposed
application for dedication. Surety shall be provided to assure that the construction and
improvements are made prior to dedication
E. INCLUDED IN SUBDIVISION OF PUD APPLICATION: Dedication of roads, open
space, or other lands within are part of a platted subdivision or planned unit development
application shall be included as part of the application for the subdivision or planned unit
development. The Planning Commission shall review the petition and shall make a
recommendation to the Board of County Commissioners. Platted roads, open space or
lands within subdivisions or PUDs are normally not accepted by the County. (Title 9 as
amd. through 9-25-2000; amd. 06-05)
9-7-3MINOR BOUNDARY ADJUSTMENTS (amd. 2011-04-14):
Title 9 Revised 05/16/2013 Teton County Idaho Page 82 of 87
9-7-3(A) 9-7-3 (B)
APPLICABILITY: Only those boundary adjustments specified below shall be permitted as a
minor boundary adjustment according to this section. All other boundary adjustments shall
comply with Section 9-7-2 Vacations of Plats Procedure.
1. Adjustment for encroachment, setback violation, and boundary dispute: A minor boundary
adjustment necessitated by encroachments, setback violations, bona fide boundary disputes, or
similar circumstances.
2. Adjustment to combine with an adjacent parcel: The adjustment of the boundary of a parcel not
within a platted subdivision for the purpose of combining portions thereof with an adjacent parcel
subject to the following:
a. Merge divided portion. The divided portion shall be totally merged with and combined
into the adjoining parcel so that no additional parcels are created, and
the resulting parcel shall be established as a single parcel for all purposes, by means of an
acceptable recorded instrument; and
3. Conformance with zoning district. Each of the resulting parcels shall conform with the zoning
district in which it is located, or the degree of nonconformity of either parcel shall not be
increased, except for cases involving parcels that do not conform to the minimum lot size
standards in Section 8-3-5 Zoning District Descriptions. In such cases, a parcel may be made
more noncompliant in order to make another parcel more compliant, provided the Planning
Administrator makes the following findings:
a. Improves situation. The benefit of the increased compliance of one parcel outweighs the
detriment of the increased noncompliance of the other parcel, resulting in a greater
overall compliance with the intent and/or the standards of the Title 8, Teton County
Zoning Ordinance and Title 9, Teton County Subdivision Ordnance.
b. Buildability. The overall capability of the lots or parcels to safely accommodate
development is improved or not diminished, particularly by providing needed land area
for water supply and wastewater systems.
c. No net increase in density. The acreage transferred from one parcel to another does not
allow for increased density on the subject parcels.
d. Adjustments between public and private land. The conveyance of a parcel from a public
agency to a private party who owns land, which is contiguous to the conveyed public
land, shall be treated as a boundary adjustment to the contiguous private land and not as
the creation of a separate legal building lot.
A. PROCESS FOR MINOR BOUNDARY ADJUSTMENT:
1. Pre-application Meeting: A pre-application meeting shall be held with the Planning Department
prior to the submittal of the minor boundary adjustment application.
2. Submission to Planning Office: The application for a minor boundary adjustment shall include
current deeds for the property and a draft copy of the Map of Survey containing a Certificate of
Surveyor, Certificate of Owners, Certificate of Acceptance of Mortgagees signed by any holders
of Mortgages of the properties being adjusted, and Certificate of Approval by the Planning
Title 9 Revised 05/16/2013 Teton County Idaho Page 83 of 87
9-7-3 (B)
Department. The Survey Map shall be appropriately acknowledged and comply with applicable
sections of Idaho Statutes.
3. Fees: Fees for this process shall be in accordance with the current fee schedule and are due at the
time of submission of the application for review by the Planning Department. The fees for this
process are nonrefundable after the Planning Department reviews the proposed adjustment.
4. Recording: After a Minor Boundary Adjustment is approved by the Planning Administrator, a Mylar
copy of the Map of Survey and all other required materials outlined above for a Minor Boundary
Adjustment shall be submitted to the Planning Department prior to recordation with the County
Clerk. An application that is approved and not recorded within six (6) months of the date of
approval shall be considered expired and a new application shall be required.
4. Additional Submission: Additionally, a GIS-compatible digital version of the line work used to
create the survey (e.g. DWG file), with layer separation for each plan view sheet which defines
ownership boundaries shall also be required at the time of recordation. The development
boundary, the individual lot or unit boundary lines, easement lines, and line annotation shall be
provided on separate working layers from sheet information. A survey tie, or ties, to a corner of
the Public Land Survey System (PLSS) shall also be required. The file shall be submitted in the
State Plane Coordinate System, Eastern Idaho Zone, NAD 83 datum, and units of feet. (amd. 05-
16-2013)
5. Action by the Planning Administrator: The Planning Administrator shall review and may approve or
disapprove the application. An application that is disapproved may be appealed to the Board of
County commissioners for review and final determination.
Title 9 Revised 05/16/2013 Teton County Idaho Page 84 of 87
9-8-1 9-8-2 (F)
CHAPTER 8
VARIANCES
SECTION:
9-8-1: Purpose
9-8-2: Findings
9-8-1: PURPOSE: The Planning Commission may recommend to the Board of County
Commissioners, as a result of unique circumstances such as topographic-physical limitations or a
planned unit development, a variance from the provisions of this title on a finding that undue
hardship results from the strict compliance with specific provision or requirements of this title or
that application of such provisions or requirements is impracticable. (Title 9 as amd. through 9-
25-2000)
9-8-2: FINDINGS: No variance shall be favorably acted upon by the Board of County
Commissioners unless there is a finding that all of the following exist:
A. There are such special circumstances to conditions affecting the property that the strict
application of the provisions of this title would clearly be impracticable or unreasonable;
in such cases, the subdivider shall first state his/her reasons, in writing, as to the specific
provision or requirement involved;
B. Strict compliance with the requirements of this title would result in extraordinary hardship
to the subdivider because of unusual topography, other physical conditions or that these
conditions would result in inhibiting the achievement of the objectives of this title;
C. The granting of the specified variance will not be detrimental to the public welfare or
injurious to other property in the area in which the property is situated;
D. Such variances will not violate the provisions of Idaho Code; and
E. The requested variance is not a result of the actions of the applicant.
F. The variance will not have the effect of nullifying the interest and purpose of this Title or
the Comprehensive Plan. (Title 9 as amd. through 9-25-2000)
Title 9 Revised 05/16/2013 Teton County Idaho Page 85 of 87
9-9-1 9-9-2 (C)
CHAPTER 9
ENFORCEMENT AND PENALTIES
SECTION:
9-9-1: Enforcement
9-9-2: Penalty
9-9-1: ENFORCEMENT: No subdivision plan/s, plat/s, required under this title or Idaho Code
shall be recorded on the public land records of the county without the written approval by the
Board of County Commissioners or their designees. The prosecuting attorney shall, in addition to
taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of
this title. (Title 9 as Amd. through 9-25-2000; amd. 06-05)
9-9-2: PENALTY: Penalties for failure to comply with the provisions of this title shall be as
follows:
A. MISDEMEANOR: Violation of any of the provisions of this title of failure to comply
with any of its requirements shall constitute a misdemeanor.
B. FINES: Any person, firm or corporation who violates or fails to comply with any part of
the provisions of this title shall be subject to administrative fines as provided in Section 1-
4-1 of the Teton County Code. (Amd. 11/15/2012)
C. SEPARATE OFFENSE: Each day such violation continues shall be considered a
separate offense. The landowner, tenant, subdivider, builder, public official or any other
person who commits, participates in, assets in or maintains such violation may each be
found guilty of a separate offense.
D. ADDITIONAL REMEDIES: Nothing herein contained shall prevent the Board of
County Commissioners or any other public official or private citizen from taking such
lawful action as is necessary to restrain or prevent any violation of this title or of the Idaho
code. (Title 9 as Amd. through 9-25-2000)
Title 9 Revised 05/16/2013 Teton County Idaho Page 86 of 87
9-10-1
CHAPTER 10
AMENDMENTS
SECTION:
9-10-1: Amendment Procedure
9-10-1: AMENDMENT PROCEDURE: The Board of County Commissioners may, from time
to time, amend, supplement or repeal the regulations and provisions of this title in the manner
prescribed by the Idaho Code. A proposed amendment, supplement, or repeal may be originated
by the Board of County Commissioners, Commission, or by petition. All proposals not
originating with the Commission shall be referred to it for a report thereon before any action is
taken on the proposals by the Board of County Commissioners. (Title 9 as Amd. through 9-25-
2000)
Title 9 Revised 05/16/2013 Teton County Idaho Page 87 of 87
EFFECTIVE: 1979 as Teton County Subdivision Ordinance #9
AMENDED: February 11, 1991
As Ordinance #071194-A July 11, 1994
As Ordinance #071194-A March 11, 1996
As Ordinance #071194-A December 23, 1996
As Ordinance #071194-A February 1, 1999
June 14, 1999
August 9, 1999
January 24, 2000
September 25, 2000
February 11, 2002
September 9, 2002
September 22, 2003
June 13, 2005
December 12, 2005
September 25, 2007
November 14, 2008
May 26, 2009
September 17, 2009
May 11, 2010
November 16, 2010
March 17, 2011
April 14, 2011
May 12, 2011
August 11, 2011
April 11, 2013
An Ordinance of Teton County, Idaho, providing for the adoption of a Subdivision Ordinance for
Teton County: Providing for the title, authority, purpose, jurisdiction interpretation,
administration and severability of said ordinance; Providing for the combining of permits and the
repeal of conflicting ordinances; Providing for the definition of terms used therein; Providing for
the regulations, requirements and procedures for platting of a said subdivision; Providing for the
design standards and requirements public improvements; Providing for guarantee of completion
of improvements; Providing for special development subdivisions and their requirements;
Providing for vacations and dedications; Providing for variances; Providing for enforcement
and penalties; Providing for amendment procedures; Providing for said ordinance to take effect
after its passage.
____________________________________________
Kelly Park, Board of County Commissioners Chair Approved this 11th day of April, 2013