A. Reserved.
B. Neighborhood Meeting: The applicant or owner shall conduct a neighborhood meeting according to the regulations outlined in section 8-7A-3 of this title prior to submission of an application for a sketch plat or preliminary plat.
C. Application And Fees: All applications and fees, as set forth in chapter 7, article A of this title, shall be submitted to the director on forms provided by the development services department.
1. A digital format of the plat may be required by the county surveyor.
2. Sketch and preliminary plats shall concurrently submit a natural features analysis as set forth in subsection D of this section. A natural features analysis is not required if the entire subject property already had one completed from a previous approved preliminary plat.
3. Codes, covenants, and restrictions, if applicable, shall be submitted concurrent with a sketch or preliminary plat application.
4. The sketch plat or preliminary plat application for subdivisions in an overlay district shall contain any additional reports or materials required by chapter 3 of this title.
5. If an applicant or owner intends to complete the final platting of the subdivision in phases, the proposed phasing shall be submitted with the application.
6. If an irrigation right exists to the property, the applicant shall submit an irrigation plan that is consistent with Idaho Code section 31-3805.
7. The applicant shall concurrently submit an application for and obtain approval of a master site plan subject to the regulations of chapter 4, article E of this title for multi-family, commercial, or industrial subdivisions that utilize a continuous service drive.
D. Natural Features Analysis: The following features shall be mapped, described, or noted as not applicable in the natural features analysis:
1. Hydrology: Analysis of natural drainage patterns and water resources including an analysis of streams, natural drainage swales, ponds or lakes, wetlands, floodplain areas or other areas subject to flooding, poorly drained areas, permanent high groundwater areas, and seasonal high groundwater areas throughout the site.
2. Soils: Analysis of types of soils present in the site area including delineation of prime agricultural soil areas, aquifer recharge soil areas, unstable soils most susceptible to erosion, and soils suitable for development. The analysis of soils shall be based on the Ada County soils survey (United States department of agriculture, natural resources conservation service).
3. Topography: Analysis of the site's terrain including mapping of elevations and delineation of slope areas greater than twenty five percent (25%), between fifteen percent (15%) and twenty five percent (25%), between eight percent (8%) and fifteen percent (15%), and less than eight percent (8%). Contour lines based on USGS datum of 1988 with intervals of not more than five feet (5') for properties with a general slope of greater than five percent (5%), or intervals of not more than two feet (2') for properties with a general slope of less than or equal to five percent (5%). Contour lines shall extend a minimum of three hundred feet (300') beyond the proposed development boundary. If a drainage channel borders the proposed development, the contour lines shall extend the additional distance necessary to include the entire drainage facility.
4. Vegetation: Analysis of existing vegetation of the site including, but not limited to, dominant tree, plant, and ground cover species.
5. Sensitive Plant And Wildlife Species: Analysis of sensitive plant and wildlife species of the site including, but not limited to, those species listed in the Idaho conservation data center (state of Idaho department of fish and game).
6. Historic Resources: Analysis of existing historic resources as identified on the Ada County historic resources inventory.
7. Hazardous Areas: Location and identification of all potential hazardous areas including, but not limited to, land that is unsuitable for development because of flood threat, poorly drained areas, high groundwater, steep slopes, rock formation, buried pipelines, or other similar conditions likely to be encountered.
8. Impact On Natural Features: The applicant shall provide a written statement explaining how the design of the plat protects or mitigates impacts on the natural features of the site.
9. Map Features: The map shall show important features, including, but not limited to, the following: outline of existing structures, watercourses, wetlands, power lines, telephone lines, railroad lines, airport influence areas, any existing easements, municipal boundaries, and section lines.
10. Other Supplemental Data: Other supplemental data may be required by the county engineer including, but not limited to, the following:
a. Approximate location of any areas of fill.
b. The elevations of all corner points on the boundaries of the proposed plat.
E. Proposed Plat: The commission and board shall apply the design standards listed in article A of this chapter, the required improvements listed in article B of this chapter, and the findings listed in section 8-6-5 of this chapter to review the proposed plat.
1. For sketch plats, the commission shall be the decision making body. The commission's decision on the sketch plat shall be nonbinding on the applicant and the county.
2. For preliminary plats, the commission shall forward a recommendation to the board as set forth in section 8-7-2 of this title.
F. Approved Preliminary Plat: If approved by the board, the preliminary plat for a phased subdivision shall include an approval period in which all final plats must be completed.
G. Preliminary Plat Final Decision: A decision of the board on a preliminary plat shall be final as to all matters set forth in said preliminary plat. This decision may be appealed under the regulations of section 8-7-7 of this title.
H. Final Plat Approval: Following board approval of a preliminary plat, the owner may cause the subdivision, or any phase thereof, to be surveyed and a final plat prepared. The owner shall submit a final plat within twenty four (24) months of the board's approval of the preliminary plat.
I. Recording Final Plat: The owner shall record a final plat and any proposed covenants with the Ada County recorder within one year after the board signs such final plat, otherwise, the approval shall become null and void. For phased subdivisions, the board may approve final plats for the phases of the subdivision in successive one year intervals.
J. Time Extension: The applicant or owner may apply for a time extension, as set forth in section 8-7-6 of this title, if needed to extend the time allowed to approve the final plat or phase of a final plat, if applicable.
K. Platted Lot: Any lot created through an approved subdivision application and duly recorded plat shall thereafter be considered a platted lot.
L. Planned Community Preliminary Plat:
1. Accord With Comprehensive Plan: Despite any other regulations to the contrary, each preliminary plat within a planned community shall be in accordance with the approved planned community comprehensive plan and the applicable planned community overlay district.
2. Time Of Submission: A preliminary plat must be submitted to the director no later than two (2) years from the date the planned community implementation plan is approved.
3. Additional Application Requirements: In addition to other requirements in this chapter, the following information shall be submitted with every preliminary plat application in a PC base district, and shall be specific to the area that the preliminary plat encompasses:
a. Land Use: A color keyed land use designation sheet.
b. Landscape: A landscape plan in compliance with the applicable overlay district.
c. Urban Public Services: A written description of the urban public services provided and how they comply with the urban public services standards set forth in chapter 8 of this title.
d. Open Space: A written description of the types and sizes of developed and natural open space, including a detailed description of the ownership, operation, and maintenance structure.
e. Community Center: A written description of the community meeting centers and/or recreation centers, if applicable.
f. Water Supply: A demonstration that existing and/or proposed water rights are available within the entire boundary of the planned community as identified on the official zoning map by supplying the following, as applicable:
(1) For an existing or new private water company or water district or water from a private source:
(A) A letter indicating that the planned community is serviceable by said entity in accordance with the existing rules and regulations as filed with the Idaho public utilities commission (IPUC) as applicable, or a letter indicating that the planned community is serviceable after obtaining approval from the IPUC, including a copy of the application filed with the IPUC as applicable;
(B) A letter from the Idaho department of water resources (IDWR) indicating that existing water rights, proposed changes to existing water rights, and/or proposed new water rights are currently sufficient for the proposed planned community or will be sufficient after obtaining approval from the IDWR. A copy of the water rights documents and/or applications therefore filed with IDWR shall be included with the application for preliminary plat; and
(2) A description of how the landscaping within the boundaries of the planned community will be irrigated, which shall include the source(s) of the irrigation water and verification from IDWR that the existing and/or proposed irrigation water rights are currently sufficient, or will be sufficient after obtaining approval from IDWR. Copies of such water rights documents or applications, therefore, shall be included with the preliminary plat application.
g. Urban Public Services Construction: A demonstration that sufficient assets and funds are available to construct necessary urban public facilities required to meet urban public service standards in chapter 8 of this title, if applicable, as shown in the implementation plan, including, but not limited to:
(1) If the preliminary plat is being processed concurrently with the implementation plan then the following information shall be submitted:
(A) To the extent privately financed, a written verification of adequate owner and partner equity assets in possession required to secure planned financing as set forth in the cash flow pro forma, including, but not limited to, cash reserves, land, and other assets meeting standard lending criteria of established lenders; and
(B) To the extent financed with public resources, a written verification of adequate owner and partner equity assets in possession required to secure tax exempt public funds and/or bonds identified as financing tools in the cash flow pro forma, including, but not limited to, cash reserves, land, and other assets meeting standard lending criteria of established public lending entities; or
(2) If the preliminary plat application is not being processed concurrently with the implementation plan, then the following material shall be submitted:
(A) An updated cash flow pro forma consistent with implementation plan financing plan requirements and reflecting changes in market, economic, and/or financial changes since the planned community implementation plan approval;
(B) To the extent privately financed, a written verification of adequate owner and partner equity assets in possession required to secure planned financing as set forth in the updated cash flow pro forma, including, but not limited to, cash reserves, land, and other assets meeting standard lending criteria of established lenders; and
(C) To the extent financed with public resources, a written verification of adequate owner and partner equity assets in possession required to secure tax exempt public funds and/or bonds identified as financing tools in the updated cash flow pro forma, including, but not limited to, cash reserves, land, and other assets meeting standard lending criteria of established public lending entities; or
(3) If urban public facilities will be constructed and owned by a municipality or a regulated public utility, then a certificate of service from the municipality or regulated public utility shall be a prima facie demonstration that sufficient assets and funds are available to construct the relevant urban public facilities required to meet urban public service standards in chapter 8 of this title, if applicable, as shown in the planned community implementation plan; or
(4) If urban public facilities will be constructed and owned by a taxing district, then compliance with the following requirements shall be a prima facie demonstration that sufficient assets and funds are available to construct the relevant urban public facilities required to meet urban public service standards in chapter 8 of this title as shown in the planned community implementation plan:
(A) The area encompassed by the planned community must be included within the district boundaries;
(B) The urban public facility must be a programmed urban public facility; and
(C) The district must provide a certificate of service for the relevant area.
h. Urban Public Services Operation And Maintenance: A demonstration that sufficient funds will be provided and set aside for funding the operation and maintenance costs of urban public services (including capital renewal and replacement costs) as specified in the implementation plan, including, but not limited to:
(1) If the preliminary plat application is being processed concurrently with the implementation plan then the following information shall be submitted:
(A) A written description of the amounts needed to be placed in reserve accounts for operations and maintenance reserves and verification of the dedicated source of owner and/or partner assets sufficient for reserves establishment. The amounts needed to be placed in reserves may take into account the transition plan, the availability of other financial assurances, the availability of sources of funding identified in the pro forma or some combination of the above;
(B) A written assessment of the current valuation of unimproved, unencumbered landholdings or other assets in hand that can or may be utilized as collateral to secure funding separately for operations and maintenance as identified in the cash flow pro forma; and
(C) If facilities operation will be contracted to an independent service provider, a written identification of potential operator(s) and a description of and verification of operator(s) qualifications and financial standing; or
(2) If the preliminary plat application is not being processed concurrently with the implementation plan then the following material shall be submitted:
(A) An updated cash flow pro forma consistent with the planned community implementation plan financing plan requirements and reflecting changes in market, economic, and/or financial changes since the planned community implementation plan approval and the following material;
(B) A written description of the amounts needed to be placed in reserve accounts for operations and maintenance reserves and verification of the dedicated source of owner and/or partner assets sufficient for reserves establishment; the amounts to be placed in reserve may take into account the transition plan, the availability of other assets and financial assurances, the availability of sources of funding identified in the pro forma or a combination thereof;
(C) A written assessment of the current valuation of unimproved, unencumbered landholdings or other assets in hand that can or may be utilized as collateral to secure funding separately for operations and maintenance as identified in the updated cash flow pro forma; and
(D) If facilities' operation will be contracted to an independent service provider, a written identification of potential operator(s) and a description of and verification of operator(s) qualifications and financial standing; or
(3) If urban public services will be provided by a municipality or regulated public utility, then a certificate of service from the municipality or regulated public utility shall be a prima facie demonstration that sufficient assets and funds are available to provide the relevant urban public service, and to operate and maintain the relevant urban public facilities required to meet urban public service standards, for the service being provided by the municipality or regulated public utility, in chapter 8 of this title as shown in the planned community implementation plan; or
(4) If urban public services will be provided by a taxing district, then compliance with the following three (3) requirements shall be a prima facie demonstration that sufficient assets and funds are available to provide the urban public service and to operate and maintain the relevant urban public facilities required to meet urban public service standards, for the service being provided by the taxing district as shown in the planned community implementation plan:
(A) The area encompassed by the planned community must be included within the district boundaries;
(B) The urban public service must be a programmed urban public service; and
(C) The district must provide a certificate of service for the relevant area.
i. Transportation: The previously approved traffic impact study shall be updated with each preliminary plat based upon the best available data and shall be submitted to ITD and ACHD thirty (30) days prior to submission of the preliminary plat to the director. An updated comprehensive transportation demand management program may be required.
4. Financing Verification Application: Prior to grading, filling, clearing, excavation or construction of any kind associated with an approved preliminary plat, including that required for infrastructure improvements, an application for financing verification shall be approved by the director as follows:
a. An application and fees as set forth in chapter 7 of this title shall be submitted to the director on forms provided by the development services department and shall include the following material:
(1) A final cash flow pro forma, consistent with final verification of sufficient project financing required herein, for urban public services;
(2) A demonstration that sufficient assets, funds and financing are secured for construction of the urban public facilities, including, if applicable, that the planned community owner has paid or will pay pursuant to an approved transition plan, its proportionate share (based on a minimum density of 3 dwelling units per acre within the applicable response time area) of any unfunded capital improvement costs required to construct any required new municipal or district facilities;
(3) A demonstration that sufficient assets, funds and financing are secured or are identified in the approved pro forma for operation and maintenance costs of urban public services (including capital renewal and replacement costs of necessary urban public facilities), including, if applicable, that the planned community owner has received approval on a petition to prepay taxes per Idaho Code section 63-1602 as necessary to cover any temporary shortfall caused by the necessity for the applicable municipality or district to provide applicable urban public services at urban public service levels until tax revenue collection covers the cost of providing services including amortizing the prepayment. (Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003; amd. Ord. 699, 6-18-2008; amd. Ord. 715, 12-3-2008; amd. Ord. 738, 2-23-2010; amd. Ord. 763, 10-13-2010; amd. Ord. 766, 12-8-2010)