Today's first publication of the "Good and Bad Development" page on our website, highlights the Trestle Bridge Ranch, a defacto sub-division created by the illegal splitting of property. More posting will follow in the coming weeks as more questionable developer activities are identified.
f you aren't familiar with the Trestle Bridge Ranch Sub-Division, I've pasted in an article from the Island Park News that is worth reading. Also, if you haven't seen the pictures, click on the link to the SGC website and then come back here and tell us what you think.
County proposes amendment to close lot split loophole
Public hearing set for Monday Nov. 17
By ELIZABETH LADEN
ST. ANTHONY — The Fremont County Planning and Zoning Commission wants to amend the county’s development code to close the code’s “lot split loophole.” The loophole has allowed some developers to bypass the code’s requirement to apply for a Class 2 permit to subdivide land into lots.
A hearing on the proposed “Illegally Created Lot Splits Code Amendment” is set for 6 p.m. Monday, November 17 at the Fremont County Annex Building, 125 North Bridge Street in St. Anthony. HEARING WAS CANCELLED AND NOT RESCHEDULED.
In a recent Fremont County Commission meeting, Bonnie Moore, Geographical Information System (GIS) manager, said there are at least 25 unplatted subdivisions in the county, going back as far as 1948 and right up to the present. These subdivisions range in size from a few lots to one southwest of Pinehaven that is almost 50 lots in size.
The lot splitting scheme can save developers a substantial amount of money and time when they avoid complying with the county’s development code, but it’s illegal. The development code requires landowners to follow the code’s requirement that lot splits be reviewed by the Planning and Building Department and the Planning and Zoning Commission.
Planning and Building Department Administrator, Kurt Hibbert, says, “It’s a fairness issue and a health and safety issue to allow development by lot splitting — ultimately an end run around our subdivision codes. No plats are filed and we do not know if the infrastructure is safe or if it meets codes. The people who follow the code have to pay the fees for the subdivision process, and the others do not. It simply isn’t fair or legal.”
Idaho code imposes a fine of $100 for selling an unplatted lot. The code requires platted lots to have approved water and sewer infrastructure before buildings are added, and it is a misdemeanor to build on lots that do not have such infrastructure. The code that regulates subdivisions is lengthy because it goes a long way to protect a homeowner’s and the community’s health and safety.
The amendment does not specify if the county will try to make existing illegal subdivisions comply with the new code. However, landowners of some of these developments have told the News that county officials told them how to use lot splits to get around the code, so they do not believe they should have to apply for a Class 2 permit
The amendment includes a section titled, “’Failure to Obtain a Permit.’ Whenever the administrator becomes aware of an activity for which a permit is required by this ordinance, but for which a permit has not been approved, he or she shall notify the occupant (and owner, if they are not the same) to immediately cease all unpermitted activity. If the unpermitted activity does not cease, the administrator shall ask the prosecuting attorney to take immediate action to end the unpermitted activity and, if a permit is not subsequently issued, to require restoration of the site to its original condition. Required restoration shall include restoration of vegetative cover where sites have been graded in violation of this ordinance.”
It goes on the say, “Division of land without a permit constitutes a violation of this ordinance. Where such a division occurs without a permit, the administrator or compliance officer shall notify the subdivider and property owners, and shall notify the Board of County Commissioners of the violation. Building permits shall not be issued until the appropriate permit is obtained.
“A certificate of compliance shall be issued before any land division is offered for sale, lease, or occupancy, sold, leased, or occupied OR before any development is occupied. A certificate of compliance indicates that an on-site inspection has shown that the development complies with this ordinance, including any conditions imposed upon its approval. Occupancy of a development without a certificate of compliance shall be a violation of this ordinance. Issuance of a certificate of compliance shall not be construed as approval of any violation of this ordinance that may have been undiscovered during the inspection.
“A temporary certificate of compliance may be issued to permit temporary use of a structure in cases where weather prevents the prompt completion of such required improvements as landscaping. No temporary certificate of compliance shall be issued for more than 180 days.
“A temporary certificate of compliance may be issued for the use of one manufactured home or recreational vehicle as temporary living quarters while a single family dwelling for which a permit has been approved pursuant to this ordinance is being constructed.
“No such certificate shall be issued, and no such occupancy permitted, until an approved sewage disposal system has been installed, and the temporary living quarters connected to that system. “The temporary certificate of compliance expires with the permit and the temporary living quarters shall be removed before a certificate of compliance can be issued for the completed single-family dwelling.
“Violations of this ordinance shall be a misdemeanor, punishable by a fine in any amount not exceeding $300, or by imprisonment for a period of not longer than 30 days, or by both fine and imprisonment. Each day in which a violation continues shall be considered a separate offense.
“Fremont County Development Code Chapter XIV. Definitions, shall be amended as follows: “QQQ. Subdivision. Means any division of an original parcel of land, or any land so divided, which creates more than one additional contiguous or adjacent parcel containing 160 acres or less, in order that the title to or possession of the parcels may be sold, rented, leased, or otherwise conveyed, and shall include any replat or any condominium. A subdivision requires a Class II permit (see III.B.3). Note that creation of a single parcel of 160 acres or less, a lot split, requires a Class I permit (see III.B.1.). This definition shall not be construed, however, to allow for de facto subdivision of land under the definition of subdivision found in Idaho Code Title 50-1301: A tract of land divided into five or more lots, parcels, or sites for the purpose of sale or building development, whether immediate or future; provided that this definition shall not include a bona fide division or partition of agricultural land for agricultural purposes. A bona fide division or partition of agricultural land for agricultural purposes shall mean the division of land into lots, all of which are five acres or larger, and maintained as agricultural lands. Cities or counties may adopt their own definition of subdivision in lieu of the above definition. The most restrictive of these definitions of subdivision shall apply."
