A. Purpose: The purpose of this process is to provide a timely and efficient review of subdivisions. A subdivision is any division of a lot, tract, or parcel of land into two (2) or more lots and accompanied by proposed new streets or extensions to existing streets, and/or extensions of municipal sewer and water services. A subdivision may be part of a planned unit development (PUD).
B. Official Submission Date: The date that a completed application is accepted by the city engineer and the zoning administrator shall be the official submission date.
C. Public Hearing Before Planning And Zoning Commission; Notice: Upon acceptance of an application for subdivision approval along with all of the required submittals, the zoning administrator shall schedule a public hearing before the planning and zoning commission. The public hearing shall be held at least forty five (45) days after but within seventy five (75) days of the official submission date if the agenda of the planning and zoning commission permits. The zoning administrator shall:
1. Submit a notice for publication in the official newspaper of the city. Such notice shall provide the time and place of the public hearing, a description of the location of the subdivision, a brief statement summarizing the request, and a vicinity map. Notice shall be published at least fifteen (15) days prior to the public hearing.
2. Mail notices to all owners of property within three hundred feet (300') of the boundaries of the land proposed to be subdivided and to such owners as the zoning administrator believes should receive notice. The developer shall provide a current mailing list of all property owners within three hundred feet (300') of the boundaries of the subdivision. Such notice shall provide the time and place of the public hearing, a description of the location of the subdivision, a brief statement summarizing the request and a vicinity map. Notice shall be mailed at least fifteen (15) days prior to the public hearing.
3. Post notice on the property. The notice shall provide the time and place of the public hearing, a brief statement summarizing the request, and a phone number to call for information. Notice shall be posted on the property at least seven (7) days prior to the public hearing.
4. Notice and request for comment shall be mailed to agencies, utilities and other jurisdictions deemed appropriate by the city engineer or required by Idaho Code no later than fifteen (15) days prior to the public hearing date. The notice and request for comment shall include application information, notice of the public hearing date, additional staff comments and a date by which comments are to be received. A copy of the application and a copy of the subdivision plan shall be included.
D. Report Required: The zoning administrator shall prepare a report for the planning and zoning commission that provides information about the site and the subdivision to aid the commission in making a recommendation. The report should include, but is not limited to, the following information, whether part of the application materials or otherwise:
1. The current zoning and comprehensive plan policies relevant to the proposed subdivision.
2. Existing land use on the site of the subdivision as well as the surrounding land use.
3. The location, size and adequacy of capacity of existing sewer and water lines.
4. A description of the physical characteristics of the site to include a basic inventory of vegetation and any unique features.
5. A description of existing streets serving the site of the subdivision and a synopsis of the proposed streets.
6. A preliminary site plan report.
7. An analysis of the impact of the subdivision on the infrastructure of the community. This shall include deficiencies in existing infrastructure and what improvements would be needed to bring the infrastructure up to an acceptable level of service.
8. Recommended conditions if the subdivision should be approved.
E. Recommendation To City Council: After the planning and zoning commission has reviewed the subdivision plan, preliminary construction plans, staff report and testimony and exhibits submitted at the public hearing, the commission shall forward a recommendation to the city council. The planning and zoning commission shall recommend approval, approval with conditions, or disapproval of the subdivision within thirty (30) days of the public hearing, unless circumstances require a longer review period for reasons set forth in a motion adopted by the commission. The zoning administrator shall notify the developer, in writing, within seven (7) days of the action by the planning and zoning commission. Such notification shall specify any recommended conditions or changes requested and shall advise the developer that the subdivision will be placed on the agenda of the city council only upon the developer's written request.
F. Decision Of City Council: The city council, upon receipt of a site plan report and recommendation from the planning and zoning commission, and after an opportunity to review the file and minutes of the public hearing, shall act upon the request. The city council shall approve, approve with conditions, or disapprove the subdivision within thirty (30) days of the date of the council meeting at which it is reviewed, or in such time as it may be determined by motion approved by the city council. The city engineer shall notify the developer in writing of the decision of the city council and, in the case of approval or approval with conditions, shall prepare a development agreement for signature by the developer and the city.
G. Required Findings: No subdivision shall receive a recommendation of approval from the planning and zoning commission or be approved by the city council, unless findings and conclusions are made that:
1. Definite provision has been made for a water supply system that is adequate in terms of quantity, and quality for the type of subdivision proposed.
2. Adequate provisions have been made for a public sewage system and that the existing municipal system can accommodate the proposed sewer flows.
3. Proposed streets are consistent with the transportation element of the comprehensive plan and comply with current city design criteria.
4. Adequate provisions have been made for stormwater collection, retention and/or conveyance. Facilities are sized according to city drainage policy and design criteria.
5. All areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards have been identified and that the proposed uses of these areas are compatible with such conditions.
6. The area proposed for subdivision is zoned for the proposed use and the use conforms to other requirements found in this code.
7. The developer has made adequate plans to ensure that the community will bear no more than its fair share of costs to provide services by paying fees, furnishing land or providing other mitigation measures for off site impacts to streets, parks and other public facilities within the community. It is the expectation that, in most cases, off site mitigation will be dealt with through the obligation to pay service availability fees. A fee schedule shall be set by city council resolution.
H. Preparation Of Construction Plans: The developer shall have construction plans prepared by a civil engineer, licensed in the state. Such plans shall adhere to the design and improvement standards set forth in this title. No construction of any kind shall take place on the site of an approved subdivision until final construction plans are reviewed and approved by the public works department, and a development agreement is. Systems reviewed and subject to staff approval include, but are not limited to:
1. Streets, including curbs and sidewalks.
2. Water delivery system and water supply.
3. Sanitary sewer system.
4. Stormwater collection and treatment plans, including stormwater management during construction.
5. Streetlight plans.
6. Off site improvements (streets, traffic signals, sidewalks, lighting, etc.).
I. Developer To Proceed With Construction: The developer may proceed with construction of the subdivision if:
1. The city council has approved the subdivision.
2. The city engineer and planning and zoning administrator has approved the subdivision.
3. A development and construction agreement has been completed.
4. All applicable permits are obtained.
J. Time Limits: Time limits contained within this section are directory. Violation of time limits established in this section shall not be the basis for damages and shall have no effect on the approval or disapproval of a subdivision. Time limits provided herein may be extended for good cause. The city engineer shall be informed of any failure of staff to meet time limits, and shall take appropriate action to ensure that limits are conformed to when circumstances allow. (2003 Code § 12-03-06)