8-13D-7: ADMINISTRATIVE/OTHER REGULATIONS:

   A.   Intent: The review and approval process established hereunder for the development of Hidden Springs planned community embodies the intent of the Hidden Springs specific plan and the Ada County Zoning Ordinance.

      It shall be the duty of the Director to administer the provisions of this Article for the development of Hidden Springs. The Director shall have the authority to interpret the provisions of this Article and make decisions on land use issues not specifically addressed by the Hidden Springs specific plan and/or this Article.

      No phase of Hidden Springs shall be approved unless essential public services for such phase, as specified in the Hidden Springs specific plan and this Article, are provided to support the phase as it proceeds.

      The Director, Commission, and/or Board, as the case may be, shall base their approvals or disapprovals upon compliance with the provisions of this Article and the goals and policies and purpose and intent of the Hidden Springs specific plan.

   B.   Preapplication Conference: Any applicant seeking plat, accessory use, administrative permit use or employment center use approval, or any other application required pursuant to this Article may request a preapplication conference with the Director to clarify the requirements, standards and policies identified in this Article. The preapplication conference should be held as soon as is practicable after the request by the applicant. At this conference, the applicant may present sketch plans describing the general nature and intent of their proposed development. The purpose of the preapplication meeting is to determine whether the applicant's proposed development is consistent with the intent of this Article. If deemed consistent, the applicant may proceed directly with preparation and submittal of an application. If the proposed development is deemed not clearly consistent or if significant issues are raised, the Director shall identify such issues in writing within ten (10) days of the conference and shall encourage the applicant to submit revised sketch plans and schedule another preapplication conference prior to formal submittal of an application. The Director shall furnish written comments and recommendations to assist the applicant in preparing the next submittal. The submission, review, and the Director's written comments and recommendations of any plat, accessory use, administrative permit use or employment center use shall in no way be interpreted as official approval or to mean that such review satisfies the requirements of the submission of a preliminary plat or approval of any other application. The Director's written comments and recommendations shall be nonbinding on the decision made by the Director, Commission and/or Board.

   C.   Hidden Springs Subdivision Procedures:

      1.   Preliminary Plat And Final Plat Procedures: These regulations are adopted for the purpose of protecting property and furthering the health, safety, and general welfare of the people of Hidden Springs, and to provide uniform standards for the subdivision of land. Subject to subsection 8-13D-4E of this Article, these regulations shall apply to the subdivision of all land within Hidden Springs. It shall be unlawful hereafter to make a subdivision of land, as defined by this Article, or any part thereof, until plans therefor are submitted to the Director and recommended by the Commission and approved by the Board.

         a.   Procedure For Preliminary Plat Approval By The Commission: Applications for a preliminary plat shall comply with the Hidden Springs specific plan and this Article. The procedure for approval of preliminary plats shall be as follows:

            (1)   An applicant shall file an application for approval of a preliminary plat showing proposed improvements and other supplementary material as required in subsection C2 of this Section. All persons submitting applications for a preliminary plat shall be required to submit to the Director an application upon the form(s) provided by the development services department and accompanied by an application fee as established in subsection 8-6-5 of this Title. No application shall be considered as accepted by the Director, nor shall the time limits hereinafter set out for action commence to run, unless it is complete with all the required information.

            (2)   An electronic submission of the preliminary plat application and all supplementary material shall be filed with the Director. All materials shall be collated.

               (A)   Upon receipt of the required application materials, the Director shall transmit a copy of the application to applicable agencies or jurisdictions for review and comments.

                  i.   Agencies to which the Director shall transmit applications include:

                  Central District Health Department

                  Ada County Engineer

                  Ada County Highway District

                  Appropriate city, if within an area of impact as set forth in Title 9 of this code.

                  ii.   The Director may refer such applications to agencies that have a jurisdictional interest. The Director shall maintain a list of agencies for this purpose.

               (B)   Written recommendations and comments will be accepted up to the time of the public hearing from various departments or agencies.

            (3)   Within the time given below the Commission shall act on the application:

               (A)   The Commission shall schedule and conduct a public hearing within forty (40) days after acceptance of the preliminary plat application.

               (B)   The Commission shall make a written recommendation to the Board based upon findings of fact and conclusions of law.

            (4)   The action of the Commission shall be noted on two (2) copies of the preliminary plat.

            (5)   Recommendation of approval of a preliminary plat shall not constitute approval of the final plat; rather, it shall be deemed an expression of approval of the layout and other information shown on the plat submitted.

         b.   Procedure For Preliminary Plat Approval By The Board: Following the recommendation of the preliminary plat by the Commission, the preliminary plat shall be submitted to the Board for approval. The applicant shall have the right to seek simultaneous approval of the preliminary and final plats. The provisions of subsection C1d of this Section shall govern the procedure for this simultaneous approval. The applicant shall notify the Director of the intent for simultaneous submittal and submit the preliminary and final plats to comply with the time frame set forth in subsection C1b(2) of this Section. The procedure for approval by the Board of the preliminary plat shall be as follows:

            (1)   The preliminary plat submitted to the Board shall conform to the preliminary plat as recommended by the Commission.

            (2)   Within the time given below the Board shall act on the application:

               (A)   The Board shall schedule and conduct a public hearing within thirty (30) days after receipt of the Commission's recommendation on the preliminary plat application.

               (B)   The Board shall state its approval or denial in writing, based on findings of fact and conclusions of law.

            (3)   The action of the Board shall be noted on two (2) copies of the preliminary plat. One copy shall be returned to the applicant and one copy retained by the Director.

            (4)   Approval of a preliminary plat shall not constitute approval of the final plat; rather, it shall be deemed an expression of approval of the layout and other information shown on the preliminary plat as a guide to the preparation of the final plat.

            (5)   The term of approval of the preliminary plat by the Board shall not exceed twenty-four (24) months. Failure to submit an acceptable final plat within the twenty-four (24) month period will result in the approval of the preliminary plat becoming null and void. Provided, however, that the applicant may request, and the Board may authorize, a time extension pursuant to the provisions of, and limitations set forth in, Section 8-6-10 of this Title.

         c.   Procedure For Final Plat Approval By The Board: Following the approval of the preliminary plat by the Board, the final plat shall be submitted to the Director for the Board's approval and signature. The procedure for approval of the final plat shall be as follows:

            (1)   The final plat shall conform to the preliminary plat as approved, and if desired by the applicant, it may constitute the entire preliminary plat or any portion (phase) thereof; provided, however, that such portion (phase) conforms to all requirements of the approval.

            (2)   The final plat and other documents required for approval shall be prepared as specified herein. The final plat shall be submitted to the Director within the time allowed in subsection C1b(5) of this Section from the Board's approval of the preliminary plat; otherwise, such approval shall expire. The Board may authorize time extensions in accordance with Section 8-6-10 of this Title. Provided, however, that where developments are made in successive contiguous portions (phases) in any orderly and reasonable manner, without material changes or departures from the preliminary plat, such portions (phases), if submitted within successive two (2) year intervals, may be considered for final plat approval.

            (3)   The final plat, properly executed and approved as required by law, shall be presented to the Board by the Director. The Board shall review said plat and any recommendations made by the Director. When approved by the Board, said plat shall be signed by the chairman of the Board and a notation made in the minutes of the meeting. Any exceptions or conditions relating to said approval shall be noted in the minutes.

            (4)   The Board shall act on the application:

               (A)   Within thirty (30) days after receipt of an acceptable final plat.

               (B)   If approved, the Board shall adopt findings of fact and conclusions of law and shall state its approval and the conditions of approval, if any, or if disapproved, state its disapproval and the reasons therefor in writing based on findings of fact and conclusions of law.

            (5)   Final plat and covenants shall be filed with and recorded by the Ada County recorder within one year after written approval by the Board. Provided, however, that the applicant may request, and the Board may authorize, a time extension pursuant to the provisions of, and limitations set forth in, Section 8-6-10 of this Title. No plat or dedication, or any instrument passing title to any portion thereof, shall be offered for recording unless approved in accordance with this Article.

         d.   Procedure For Simultaneous Approval Of The Preliminary Plat And Final Plat By The Board: Following the recommendation of the preliminary plat by the Commission, the preliminary plat shall be submitted to the Board for approval, and a final plat shall be submitted to the Board for approval and signature. The procedure of simultaneous approval by the Board of the preliminary plat and the final plat shall be as follows:

            (1)   The preliminary plat shall conform to the preliminary plat as recommended by the Commission, and if desired by the applicant, it may constitute the entire preliminary plat or any portion (phase); provided, however, that such portion (phase) thereof conforms to all requirements of the approval.

            (2)   The final plat and other documents required for approval shall be prepared as specified herein. The final plat shall be submitted to the Director.

            (3)   The preliminary plat and the final plat, properly executed as required by law, shall be presented to the Board by the Director. The Board shall review said plats and any recommendations made by the Director. The Board shall act within thirty (30) days after review of the plats. When approved by the Board, the final plat shall be signed by the chairman of the Board and a notation made in the minutes of the meeting. Any exceptions or conditions relating to said approval shall be noted in the minutes. If approved, the Board shall state its approval and the conditions of approval, if any, or if denied, state its denial and the reasons therefor in writing, based on findings of fact and conclusions of law.

      2.   Specifications For Preliminary And Final Plats:

         a.   Preliminary Plat Application: The application shall contain all the information specified in this Section.

            (1)   The applicant shall submit evidence of proprietary interest in the land to be subdivided. Evidence acceptable to the Director shall be a deed record, or, when the occasion demands, a land contract, or a current option to purchase, or written authority in recordable form authorizing the applicant to act as agent for the true owners of said property. Notwithstanding the foregoing, the Director may require additional evidence of proprietary interest from the applicant or his agent.

            (2)   Information required on application forms as provided by the Director.

            (3)   Such proposed restrictive covenants as are required to ensure continuing conformance with the standards set forth in this Article, including, but not limited to, building setback lines, wildfire prevention requirements, and energy conservation standards, measures, and suggestions.

         b.   Preliminary Plat Specifications:

            (1)   Drawing Specifications: All mapped information shall be prepared in a neat and legible manner and drawn to a scale of not less than one hundred feet (100') to the inch. A smaller scale or different size may be used for large developments with prior written approval from the Director. Limits of the drawing shall include an area not less than one hundred feet (100') beyond boundaries of the proposed development. All maps shall show:

               (A)   The subdivision boundary which shall be based on an actual field survey. The stamp of the licensed professional land surveyor shall certify the boundary survey on the plan.

               (B)   The name of the owner, person and firm responsible for the drawing.

               (C)   The name of the proposed subdivision.

               (D)   The date, graphic scale, true north arrow, vicinity map and section, township, and range.

               (E)   Ties to all controlling corners.

               (F)   The names of adjoining subdivisions.

               (G)   The proposed public street and private road names, street right of way lines, and street centerlines, and the location of proposed shared driveways.

               (H)   The lot layout with lot and block numbers and approximate dimensions of each lot.

               (I)   Areas of special use, i.e., parks, schools, open space, etc., and in residential plats all parcels intended for other than residential use shall be indicated by appropriate labeling.

               (J)   Location, width, direction of slope, and names of existing public streets and private roads.

               (K)   Important features, such as the following: outline of existing buildings, watercourses, power lines, telephone lines, railroad lines, any existing easement, municipal boundaries, and section lines.

               (L)   The minimum setbacks from the front, the side, and the rear lot lines.

               (M)   Contour lines based on USGS datum with intervals of not more than five feet (5') for parcels with a general slope of greater than five percent (5%) or intervals of not more than two feet (2') for parcels with a general slope of less than or equal to five percent (5%), which contour lines shall extend a minimum of one hundred feet (100') beyond the proposed development boundary, and if the proposed development is bordered by a drainage channel, extending the additional distance necessary to show the far side of the drainage facility.

               (N)   The proposed offsite improvements pertaining to streets, water supply system, wastewater collection and treatment system, fire protection facilities and other essential public services.

               (O)   Location and identification of all potentially dangerous areas, including geologically hazardous areas, areas subject to inundations or flood hazard, and areas of high groundwater.

         c.   Preliminary Plat Supplemental Data:

            (1)   Percolation tests, approximate location of any areas of fill, and water table data as required by the County Engineer. The elevations of all corner points on the boundaries of the proposed plat, subdivision, or dedication. Contours when required by the County Engineer with intervals of five feet (5') or less referenced to such datum acceptable to the County Engineer.

            (2)   When drainage course and irrigation facilities are involved a topographical plan showing existing course, distance, dimensions, and proposed improvements including sewers, storm drains, catch basins, pumps, and seepage beds shall be provided. Documentary evidence of consent to re-routings by all interested landowners affected and having rights to and in such facilities shall also be provided.

            (3)   A reference table of lot numbers and lot types, as defined in subsection 8-13D-5A2 of this Article must be provided.

            (4)   Any other supplementary data deemed necessary by the Director based on the location; type of proposed development; or request or recommendation of another agency.

         d.   Final Plats: The final plat shall be prepared as provided by, and include the items required by, Idaho Code, Title 50, Chapter 13, related state law and the following additional requirements.

            (1)   The final plat, drawing page(s) and signature page shall be drawn on eighteen inch by twenty-seven inch (18" x 27") sheets. No information, except for a borderline, shall be any closer to the edge of any sheet than three and one-half inches (3 1/2") at the left edge and a half inch (1/2") on all other edges. The letters, numbers, and notes shall be of such size and scale to clearly show on the microfilm copies, reproducible copies, and prints of the recorded documents.

            (2)   The drawings page(s) shall show exterior boundary and lot lines, right of way lines, streets, street islands, existing and new easements, all accurately dimensioned with bearings to the nearest one second and distances to the nearest one-hundredth (1/100) of a foot. The dimensions shall provide a minimum lot and boundary survey closure of one to ten thousand (1:10,000). The drawing page(s) and owner's certificate shall show or contain all related curve    data including radius, length, central angle, long chord, and long chord bearing.

         (3)   Permanent monuments, magnetically detectable, marked with the license number of the surveyor, shall be set for:

               (A)   All lot corners and the exterior boundary corners.

               (B)   Centerline angle points, point of curvatures (PCs), point of tangencies (PTs), intersecting street centerlines, and places where centerline changes directions.

               (C)   Street islands; radius points for cul-de-sacs; and property controlling corners that control the location of the boundary.

               (D)   In places which are impossible or impractical to set the monument, a witness corner or reference monument shall be set and dimensioned accordingly. Such monument shall be of the same size and marking required for the monument it is replacing. A witness corner monument shall be set on the lot line or property line. A reference monument shall be set with a bearing and distance tie to the actual corner.

               (E)   All monuments found, existing or accepted and used in the survey shall be marked with the license number of the survey.

            (4)   The plat shall show:

               (A)   Two (2) primary control points, approved by the County Surveyor and "ties" to such control points. Primary control points must be public land survey corners or officially recognized corners with corner perpetuation and filing number shown.

               (B)   The approved street names. All street names shall be approved by the Ada County Street Name Committee.

               (C)   Location, dimensions, and purpose of any easements.

               (D)   Location, description, and size of monuments that are set or found.

               (E)   Title, including subdivision name and general location description, and date.

               (F)   Owner's certificate shall contain a statement of dedication of easements and private roads. Private roads may be shown as a lot or an easement.

               (G)   The right of way width from centerline of each street or other right of way.

               (H)   Name and location of adjoining subdivisions. Other areas show as "unplatted."

               (I)   Building envelopes.

      3.   Required Improvements And Certificates Showing Compliance:

         a.   Monument And Plat Requirements: The requirements of the Idaho Code regarding plats and monuments shall be met and any work required to be performed on the property to meet such requirements shall be verified by the County Surveyor prior to certification of the plat by him. The provisions of such sections as to monuments, stakes and other markings shall be considered minimum requirements, and the County Surveyor may establish higher reasonable requirements for Hidden Springs planned community by filing a written specification under this section with the Board; said written specifications shall become effective under this section only when approved by the Board. Any such specifications shall be consistent with those applicable for plats in other portions of Ada County.

         b.   Streets And Other Improvements: Streets and other improvements, as hereinafter listed and as applicable, including, but not limited to, a domestic water supply system and wastewater collection and treatment system, public thoroughfare and easement signage and landscaping, trails, sidewalks, off street public and private parking areas and traffic control facilities shall be installed in each new development at the applicant's expense, unless a political subdivision is created or exists, in which case said improvements would be made and maintained by the political subdivision, all in accordance with the minimum standards set forth in this Article, prior to the acceptance of any final plat for filing. In addition, prior to the acceptance of any final plat for filing, the applicant must prove adequate mechanisms exist for operations and maintenance of such public improvements. Public street improvements shall be in accordance with figures 8-13D-7C3b of this Section, the specific plan and this Article; provided that alternative public street improvements may be designed and constructed if approved by the Ada County Highway District in accordance with its rules, regulations, policies and procedures. Private street and road improvements shall be considered, reviewed, and approved in conjunction with the approval of plats pursuant to this Article. Private street and road improvements shall comply with, and be approved pursuant to, the following criteria:

      1.   Private streets are to be named in accordance with the provisions of the Ada County uniform street name ordinance.

      2.   Private streets shall originate at a public right of way and terminate at a forty-five foot (45') cul-de-sac or other approved turnaround area.

      3.   Shared driveways shall originate at a public right of way or private road easement. The design and construction standards shall be approved by the engineer of record and the applicable fire district.

      4.   Private street and shared driveway access shall be guaranteed by a recorded perpetual use easement to be noted on the final plat.

      5.   Construction Standards:

 

Notes:

(1)   Pedestrian easement may or may not be contiguous. (Typical)

(2)   The ROW shall be eighty (80') feet for Cartwright Road southeast of its intersection with Dry Creek Road and for Dry Creek Road from its eastern terminus westward to and including the Dry Creek Bridge.

 

Note:

(1) Pedestrian easement may or may not be contiguous. (Typical)

 

Note:

(1)   Pedestrian easement may or may not be contiguous. (Typical)

 

Note:

(1)   Pedestrian easement may or may not be contiguous. (Typical)

 

Note:

(1) Pedestrian easement may or may not be contiguous. (Typical)

 

Note:

(1)   Pedestrian easement may or may not be contiguous. (Typical)

 

 

 

 

         c.   General Development Standards: The standards and specifications for each general type of use shall be as set forth in the Hidden Springs specific plan and this Article.

         d.   Acceptance Of Improvements By County: Where an acceptable surety arrangement is deposited as provided in subsection C3e of this Section and the work thereby guaranteed has been completed, notice in writing of such completion, together with sets of prints of the "as built" plans and specifications for all improvements, and requests for the return of the surety arrangement shall be given in duplicate to the Director, who shall give one copy thereof to the County Engineer for verification and certificate of completion of work. Upon the Director receiving said certificate as provided in subsection C3g of this Section, the Director shall give notice to the County clerk to release the sureties heretofore deposited with said County clerk in the manner and to the extent as provided for in the surety agreement referred to in subsection C3e of this Section and commensurate to the extent of the acceptance by the County Engineer of the work, or other improvements called for in the surety agreement.

         e.   Deposit For Completion Of Required Improvements: An applicant or other interested party, in lieu of completion of the required minimum street and other improvements required by subsection C3b of this Section, or any portion thereof, may deposit with the County clerk a surety bond or performance bond, or a certified check or a cashier's check drawn on a bank qualified to do business in the state, or a cash deposit, or an acceptable letter of credit, certificate of deposit, or assignment of funds on deposit in a bank or building and loan association, qualified to do business in the state, and the amount of such surety called for to be equal to not less than one hundred twenty percent (120%) of the cost of required improvements according to the estimate reviewed and approved by the Ada County Engineer, and in all cases such surety shall be drawn in favor of, and payable to the order of the County of Ada, in accordance with the provisions contained in the surety agreement by and between the guarantor and the County of Ada. Such surety agreement shall contain suitable provisions requiring the applicant to construct all improvements.

         f.   Notice Of Installation: The applicant shall be required to give the County Engineer two (2) days' advance notice of any and all construction of required improvements.

         g.   Certificates: Provisions requiring compliance by the applicant prior to recording of final plat shall be:

            (1)   A certificate by the County Engineer certifying that the applicant has complied with one of the following alternatives:

               (A)   All improvements have been installed in accordance with the requirements of this Article and with the action of the Board giving conditional approval of the preliminary plat; or

               (B)   An acceptable surety arrangement has been posted, which is available to the County, and in sufficient amount to assure such completion of all required improvements.

            (2)   Such other certificates, affidavits, endorsements, or deductions as may be required by the Commission in the enforcement of this Article.

            (3)   Protective covenants in form for recording if required.

            (4)   Dedication Of Streets: All public streets shall be done in accordance with the provisions of this Article and the Ada County Highway District's rules, regulations, policies, and procedures.

   .   Parcel Boundary Adjustment: The Director may approve the adjustment of platted or unplatted parcel boundary lines. The approval process shall be as follows:

      1.   Application: All owners of parcels involved in parcel boundary adjustment shall submit a completed standard application to the Director.

      2.   Tentative Approval: The Director shall apply the following standards to determine whether or not approval of the proposed parcel boundary adjustment will be granted:

         a.   A parcel boundary adjustment shall not reduce the parcel site below the minimum dimensional standards prescribed by this Article.

         b.   A parcel boundary adjustment shall not increase the original number of parcels.

         c.   A parcel boundary adjustment shall not change or move any public streets, private streets, easements, or publicly dedicated areas in any manner.

      3.   Final Approval: Upon tentative approval of the application by the Director, the applicant shall:

         a.   Cause the property to be surveyed and a record of survey recorded;

         b.   Execute and record the necessary deeds to accomplish the parcel boundary adjustments as approved;

         c.   Obtain new tax parcel numbers from the Ada County Assessor; and

         d.   Provide copies of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the Director.

      4.   Certificate Of Approval Issuance: Upon determination by the Director that the final parcel boundary adjustment is in conformance with this Section, a certificate of approval shall be issued.

      5.   Required Fees: All required fees must be paid in accordance with 8-6-5 of this Title.

   E.   Administrative Permit Use Approval Process: Both the residential use and nonresidential use categories listed in subsections 8-13D-5B and C of this Article, respectively, contain acceptable administrative permit uses. The development of any administrative permit use requires an administrative permit. Administrative permit uses contained within subsections 8-13D-5B, and C of this Article are approved as follows:

      1.   Approval Required By The Director: In view of the potential impact upon adjacent property from an administrative permit use, the granting of such a permit shall be subject to review and approval by the Director.

      The applicant shall submit an application, as provided by the Director, and pay a fee to the Director in accordance with the provisions contained in this Article. The fee schedule for administrative permits shall be proposed by the Director and approved by the Board.

      2.   Information Required On Application: The application for an administrative permit shall include the following information and materials:

         a.   A vicinity map at a scale of three hundred feet (300') per one inch (1").

         b.   A statement describing the project in narrative form.

         c.   A general description of how adjacent and neighboring properties will be protected from adverse effects, if any, prompted by the proposed development.

         d.   A statement setting forth the maximum overall gross floor area and, if applicable, the floor area ratio proposed, and the maximum gross floor area and floor area ratio proposed for each use in the proposed development.

         e.   A statement setting forth the number of parking spaces, and the general location and character, whether surface or structured, thereof, if applicable.

         f.   A statement of the improvements, public or private, on or off site, proposed for construction or dedication, and an estimate of the timing of providing such improvements.

         g.   A conceptual design plan, at an acceptable scale, showing, to the extent applicable, the location and arrangement of all proposed uses, the proposed traffic circulation plan including points of access, parking areas, major streets and major pedestrian, bike, or other recreational paths, all proposed major open space and landscaped areas, and the approximate location of all proposed community and public facilities.

         h.   Such additional information as the Director may require, or the applicant may desire to submit, in order to facilitate review and consideration of the administrative permit use.

      3.   Notices And Meetings: The Director shall mail notices to property owners within three hundred feet (300') of the external lot line of the property under consideration, and fifteen (15) days shall be allowed for response to said notice.

      It shall be the sole duty of the applicant and not that of Ada County to provide notice and opportunity for a meeting at least fourteen (14) days prior to the administrative permit decision before the Director to review the proposed project to all residents within three hundred feet (300') of the exterior boundary of the application parcel, and to all applicable community associations within the Hidden Springs planned community. Such meeting or opportunity for a meeting shall take place not more than six (6) months before submittal of the application. Verification of a meeting, or that an opportunity for a meeting was provided, shall be submitted in writing by the applicant to the Director.

      4.   Approval/Findings: The Director shall consider the following criteria in determining whether to approve, approve with conditions, or deny said administrative permit:

         a.   The proposed administrative permit use is designed to mitigate any substantial adverse impacts, hazard or nuisance, or other material detriment to surrounding lands;

         b.   The site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls, fences, parking, loading areas, landscaping and design standards as are required by this Article are met;

         c.   The proposed development is designed in accordance with public facilities, services, transportation systems and essential public services which are adequate for the development proposed, and which are available, or reasonably probable to be achieved, prior to use and occupancy of the development; and

         d.   The proposed use substantially complies with the Hidden Springs specific plan and this Article.

      5.   Conditions: An application for an administrative permit shall be approved by the Director contingent upon acceptance and observance of specified conditions including, but not limited to, the following:

         a.   Conformity to approved conceptual design plans;

         b.   Performance standards, related to the emission of noise, vibration, glare and other potentially adverse impacts;

         c.   Limits on time of day for the conduct of specified activities;

         d.   The period within which the permit shall be exercised or otherwise lapse;

         e.   Guarantees as to compliance with the terms of the approval;

         f.   A continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance;

         g.   Performance standards, which protect the public health, safety and welfare and mitigate adverse effects on surrounding property.

      6.   Application Time Frame: An application for an administrative permit shall be acted upon by the Director within not more than sixty (60) days following acceptance of the application. Administrative permit uses may only be granted as allowed by this Article.

      7.   Amendments: Once an administrative permit has been approved, the applicant may seek an amendment using the same procedures as an initial administrative permit use application.

   F.   Accessory Use Provisions: The Director shall make the determination as to whether a building, structure or use is accessory to a principal permitted use or administrative permit use and may issue zoning certificates if a use is determined to be accessory and would otherwise comply with this Article.

   The determination of whether a building, structure or use is accessory shall be based upon the relationship of the building, structure or use to the principal permitted use or administrative permit use. Specifically, it must be habitually or commonly established as reasonably incidental to the principal permitted use or administrative permit use and located and conducted on the same premises as the principal permitted use or administrative permit use. In determining whether it is accessory, the following factors shall be used:

      1.   The size of the lot in question;

      2.   The nature of the principal permitted or administrative permit use;

      3.   The zoning and land use on adjacent lots;

      4.   The actual incidence of similar accessory uses in the area; and

      5.   The potential for adverse impact on adjacent property.

      The applicant shall submit an application on an approved form together with the established fee. The Director, after reviewing said application, shall approve, approve with conditions, or deny said application within sixty (60) days of his acceptance of the application.

   G.   Employment Center Approval Process: The Hidden Springs zoning map and subsection 8-13D-5C6 of this Article provide for "employment center" overlay districts. These employment center overlay districts and the permitted and accessory uses are consistent with the overall goals and policies and purposes and intent of the Hidden Springs specific plan and this Article. The exact impacts of the employment center uses are difficult to determine until the specific use is identified and evaluated. As part of the application for an employment center use being considered in the Hidden Springs planned community, additional studies, and analysis of the specific use as well as a public hearing before the Commission are required.

      1.   Application Submittal: The applicant shall submit an application to the Director in accordance with the provisions contained in this Article. The fee schedule for employment center permits shall be proposed by the Director and approved by the Board. The Director shall set the date for a public hearing and the notice of hearing shall be given in accordance with subsections G2 and G3 of this Section.

      2.   Date Of Application: The date of application shall be the date that the Director accepts a complete application including payment of the required fee and all of the information in the manner as required by this Article. The date for the required public hearings shall be fixed by the Director, within a reasonable time thereafter, and in no case later than sixty (60) days after receipt of the application in its due form. Hearing and notice procedures shall be governed by 8-6-8 of this Title, and Idaho Code Section 67-6501 et seq., as shall be amended from time to time and by such rules and procedures as the Commission and the Board may adopt pursuant to this Article and this Title.

      3.   Hearings: At every public hearing before the Commission, the Commission shall hear all interested persons, or their representative. The Commission shall receive, investigate, hear, and take action upon every application received. In acting upon the applications involving property, the Commission may require reasonable conditions of approval that it deems necessary to protect the public health, safety and welfare and prevent adverse impacts on surrounding parties. Action of the Commission shall be documented.

      4.   Information Required On Application: The application for an employment center use permit shall include the information and materials required for an administrative permit application and such other information as the Director shall identify in the preapplication conference as described in subsection B of this Section.

      5.   Approval/Findings: An application for an employment center use permit may be approved only if the evidence at the hearings establishes that the proposed employment center use:

         a.   Utilizes site planning and general building massing and architecture themes that maintain or enhance the rural character of the Dry Creek Valley and surrounding areas;

         b.   Maintains or enhances the natural environmental qualities of the land and does not disrupt existing environmental systems;

         c.   Minimizes the visual impact of development by capitalizing on the site's existing landforms and supplemental grading and landscaping;

         d.   Connects to the project wide network of roadways, paths, and trails in an integrated manner;

         e.   Augments community water and sanitary wastewater collection and treatment systems sufficiently to support the proposed use without impacting the quality of service to residential and commercial uses within the community;

         f.   Is designed to mitigate any substantial adverse impacts, hazard or nuisance, or other material detriment to surrounding lands;

         g.   Is of sufficient size to accommodate the proposed use;

         h.   Is designed in accordance with public facilities, services, transportation systems and essential public services which are adequate for the development proposed, and which are available, or reasonably probable to be achieved prior to use and occupancy of the development; and

         i.   Is consistent with the general intent of the Hidden Springs specific plan.

      6.   Employment Center Use Permit Granted: The granting of an employment center use permit shall be subject to compliance with the Hidden Springs specific plan and this Article. Employment center uses may only be granted as allowed by this Article.

      7.   Employment Center Use Permit Approval: An application for an employment center use permit shall be approved by the Commission contingent upon acceptance and observance of specified conditions including, but not limited to, the following:

         a.   Conformity to approved conceptual design plans;

         b.   Performance standards, related to the emission of noise, vibration, glare, and other potentially adverse impacts;

         c.   Limits on time of day for the conduct of specified activities;

         d.   The period within which the permit shall be exercised or otherwise lapse;

         e.   Guarantees as to compliance with the terms of the approval;

         f.   A continuous obligation to maintain adequate operational practices to prevent the creation of a nuisance; and

         g.   Performance standards, which protect the public health, safety and welfare and mitigate adverse effects on surrounding property.

      8.   Amendments: Once an employment center use permit has been approved, an applicant may seek an amendment using the same procedures as an initial employment center application.

   H.   Building Permits: Building permits and grading permits shall be issued in accordance with the Ada County Building Code ordinance; provided, however, that no building or grading permit shall be issued to an applicant until such time as the applicant has provided to the county a certificate issued by the Hidden Springs design review committee approving the proposed building improvements and/or grading for which the building permit or grading permit is being sought.

   I.   Public Community Event Permit Approval Process: The holding of a public community event requires a public community event permit. Public community event permits are approved as follows:

      1.   Approval Required By The Director: In view of the potential impact upon adjacent property from a public community event, the granting of such a permit shall be subject to review and approval by the Director. The applicant shall submit an application, as approved by the Director, and pay a fee to the Director in accordance with the provisions contained in this Article.

      2.   Information Required On Application: The application for a public community event permit shall include the following information and materials:

         a.   Time, place, duration, and location of event;

         b.   Nature of event;

         c.   Estimated attendance;

         d.   Prior to submittal of a public event permit application, the applicant shall submit written approval of the event plan from the following agencies to development services (the approval may be either on agency letterhead referring to the approved plan or may be written/stamped upon a copy of the approved plans):

            (1)   Central District Health Department;

            (2)   Ada County Sheriff;

            (3)   North Ada County Fire and Rescue District;

         e.   Sanitary facilities to be provided, if any;

         f.   Traffic and parking management plans, if any;

         g.   Special security measures, if any;

         h.   Name, address, and telephone number of event holder.

      3.   Approval/Findings: The Director shall consider the following criteria in determining whether to approve, approve with conditions, or deny said permit:

         a.   The proposed site is of sufficient size to accommodate the event; and

         b.   The proposed sanitary facilities, traffic and parking plan, security measures, and fire protection and/or prevention measures are adequate for the proposed event.

      4.   Time Frame: An application for a public community event permit shall be submitted at least twenty-five (25) days prior to the scheduled event. The Director shall accept or reject the application for good cause shown, in writing, within five (5) days. Once the application has been formally accepted the Director shall act upon the application within five (5) days.

   J.   Signs: Signs are allowed throughout Hidden Springs. 8-3-12 of this Title shall not be applicable to signs within Hidden Springs. The design review committee shall have exclusive authority to approve all temporary signs within Hidden Springs. Temporary signs shall be those with a dimension of eighteen (18) square feet or less in sign fascia and shall be in existence for a period of one hundred eighty (180) days or less. The Director shall review and approve or deny a sign in accordance with the design guidelines as set forth in Section 8-13D-10-6 of this Article.

   K.   Appeals: Actions taken by the Director or Commission to approve or deny any plat application, administrative permit use application, public community event permit application, sign application, or accessory use determination and including any condition of approval or denial thereof, may be appealed to the Board by the applicant or any adversely affected, or aggrieved person.

   L.   Expenses For Processing Applications: All expenses necessary to provide the data required hereunder for processing and/or qualifying an application shall be paid by the applicant through the fee schedule process referenced herein.

   M.   Violations And Penalties: Each violation of this Article set forth herein shall be a misdemeanor. Each violation for each day it shall continue shall constitute a separate offense, and each violation shall be punishable as provided in Section 18-113, Idaho Code as it may from time to time be amended and/or retitled.

      Whenever the Director shall determine that a violation of these regulations has occurred, or is about to occur, he shall notify the Board of such violation and recommend action that should be taken. Upon determination of a violation, whether or not a recommendation has been received from the Director, the Board may request the Ada County prosecuting attorney to commence action, criminal or civil, to correct the violation and to punish the same.

      In the event any action is taken in violation of a provision hereof, the proper authorities of the County, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful development of land, to restrain, correct or abate such violation, or to prevent any illegal act, conduct, business or use in or about such premises.

(Ord. 1002, 10-28-2025)