Subdivision ordinance.
Each governing board shall provide, by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, for standards and for the processing of applications for subdivision permits under sections 50-1301 through 50-1329, Idaho Code. Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision. Fees established for purposes of mitigating the financial impacts of development must comply with the provisions of chapter 82, title 67, Idaho Code. Denial of a subdivision permit or approval of a subdivision permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby.
Notes of Decisions
Taylor v. Canyon Cnty. Bd. of Commissioners, 210 P.3d 532 (Idaho 2009).
· cites it 8× “§ 67-6517 refers to "a permit as defined by this chapter," which acknowledges that what constitutes a permit is defined by the Act.”
Dry Creek Partners, LLC v. Ada Cnty. Commissioners Ex Rel. State, 217 P.3d 1282 (Idaho 2009).
· cites it 4× “As such, the Board’s decision not to grant Dry Creek additional time to obtain approval of the final plat — which was necessary to obtain a subdivision permit — denied Dry Creek’s application for a permit authorizing development and prevented Dry Creek from developing its…”
Cowan v. Bd. of Com'rs of Fremont Cnty., 148 P.3d 1247 (Idaho 2006).
· cites it 2× “However, although we hold that Cowan’s due process rights were not violated, limiting public comment to two minutes is not consistent with affording an individual a meaningful opportunity to be heard.”
Johnson v. Blaine Cnty., 204 P.3d 1127 (Idaho 2009).
· cites it 2× “for the processing of applications for planned unit development permits”; Idaho Code § 67-6513 provides, "Each governing board shall provide .”
Richard Hehr v. City of McCall, 305 P.3d 536 (Idaho 2013).
· cites it 4× “Under the Local Land Use Planning Act (LLUPA) provisions dealing with subdivision permits and planned unit development permits, see I.C. §§ 67-6513, 67-6515, Greystone could have requested a regulatory taking analysis pursuant to I.”
Buckskin Props., Inc. v. Valley Cnty., 300 P.3d 18 (Idaho 2013).
· cites it 2× “§ 67-6512, which deals with special or conditional use permits; I.C. § 67-6513, which deals with subdivision permits; and I.”
Noble v. Kootenai Cnty., 231 P.3d 1034 (Idaho 2010).
· cites it 2× “Idaho Code § 67-6519 (4) provides that “[a]n applicant denied a permit or aggrieved by a decision” may seek judicial review after exhausting all remedies available under county ordinances.”
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