A. Application: Upon completion of the preapplication procedures, the subdivider shall file with the administrator sufficient copies of the completed subdivision application form and preliminary plat data as required in this title and a letter requesting that the preliminary plat be placed on the commission's agenda for consideration. The applicant shall have the burden of persuasion as to compliance with each of the applicable standards in chapter 5 of this title or any other standards of this title. The county shall choose a legally qualified surveyor or engineer to check the plat and comment on whether the requirements of this code have been met prior to the administrator's certification of the application for completeness and any subsequent public hearings. The county shall collect from the applicant a fee related to the cost of performing such services prior to noticing a hearing.
In the event the data required for the administrator to certify the application as complete, pursuant to subsection B of this section, is not filed with the county within one hundred eighty (180) days from the date the application was filed with the Blaine County planning office, the application shall be null and void. One time only, the administrator, at his/her discretion, may approve one extension of the time within which materials may be submitted upon receipt of a written request by the applicant giving in detail the reason additional time is required to file said data. When the administrator approves an extension to submit materials under this section, said approval shall be in writing and for a specific period of time not to exceed forty five (45) days.
B. Certification: Upon receipt of the preliminary plat and all other required data, the administrator shall certify the application as complete and affix the date of application acceptance thereon. The applicant shall be entitled to the application being processed and evaluated by the county under the regulations in effect on the date of certification. Allowing sufficient time to conduct a site visit and write staff reports, the administrator shall then schedule the preliminary plat application for the commission's next available, adequately noticed, hearing time. If no regular meeting time is available within one hundred eighty (180) days of certification, the administrator shall call a special commission meeting, to be held not more than three (3) weeks after the end of the one hundred eighty (180) days, to hear the application.
C. Review By Agencies:
1. Transmission Of Application: The applicant shall transmit a preliminary plat application to other departments of the county and to such agencies that have jurisdiction over or interest in the proposed development for their review in order to get recommendations on possible adverse impacts or design modifications that could help alleviate such impacts. At this time, the applicant shall also provide the planning office a copy of the preliminary plat application sent to the agencies and a sample transmittal letter. Written agency recommendations shall be received prior to certification by the administrator. If recommendations have not been received within six (6) weeks from delivery of all the required substantive information, then the administrator shall consider this to be a nonresponse. Departments and agencies that may receive such applications may include, but are not restricted to, the following:
a. County departments.
b. Public health district.
c. Idaho public utilities commission.
d. Commissions of other governing bodies having joint jurisdiction.
e. Utility companies.
f. Superintendent of the school district.
g. Soil conservation district.
h. U.S. forest service.
i. Bureau of land management.
j. Fish and game department.
k. Applicable rural fire district.
l. Recreation district.
m. Blaine County housing authority.
n. Idaho department of environmental quality and affected public water system owners when the project is located within a wellhead protection area.
2. Compilation Of Recommendations: The administrator shall compile the recommendations received and shall advise the developer of any administrative recommendations for plat changes. Further, the administrator shall advise the developer that staking or otherwise identifying on site may be required for boundary lines, corners, centroids, centerlines, etc., of property boundaries, proposed lots, building envelopes, streets, and other elements of the proposal in order for the staff, commission and board to better understand the design, neighborhood impact, and other features of the proposal.
D. Commission Action:
1. Public Hearing: The commission shall hold a public hearing after giving notice at least fifteen (15) days prior to the hearing in a newspaper of general circulation in the county, mailing notice to owners of land within three hundred feet (300') of the exterior boundaries of the subdivision, mailing notice to affected public water system owners when the project is located within a wellhead protection area, mailing notice to all political subdivisions providing services including the school district at least fifteen (15) days prior to the hearing, posting the site at least seven (7) days prior to the hearing. The commission shall make a finding that the notice which has been provided is adequate and shall approve, disapprove, conditionally approve or continue the preliminary plat. The application and associated data and materials submitted therewith shall be available for public inspection from and after the date the notice of hearing is published in the newspaper. If the applicant introduces new, modified, or supplemental written materials after the notice of hearing is published, the commission may, if it determines that the additional information materially changes the application, continue the proceedings and give notice, at the applicant's expense, of a subsequent hearing where the application will be considered together with the additional information. Any continuance resulting from the introduction of such additional information shall be deemed continued at the applicant's request pursuant to subsection D2 of this section. Applicants are advised that preliminary plats sent to the board may be approved, modified or denied by the board of commissioners.
2. Continued Hearings And Commission Disposition: Hearings may be continued by the commission due to lack of sufficient time after the public hearing to adequately evaluate the application, consider the public comment, and decide on the application. Hearings may be continued at the request of the applicant for the purpose of responding to the public comment or commission's questions or for the purpose of entering new, modified or supplemental information as part of the application into the record. Continued hearings shall be held within one hundred twenty (120) days and if no regular meeting time is available within this time, the administrator shall call a special commission meeting to be held not more than three (3) weeks after the end of the one hundred twenty (120) days. Notice for continued hearings for which new, modified or supplemental information has been submitted or those scheduled more than thirty one (31) days or forty five (45) days for concurrent community housing planned unit development plat applications after the initial public hearing for which notice was found to be adequate shall be provided as required in subsection D1 of this section. The planning and zoning commission shall review and make recommendations on concurrent community housing planned unit development plat applications to the board within forty five (45) days from the date of the first public hearing. If the preliminary plat is disapproved or conditionally approved, or continued, the reasons shall be stated in writing, attached to a copy of the plat and returned to the applicant within fourteen (14) days of the final commission disposition. No more than two (2) continuations at the request of the applicant may take place.
3. Transmittal To Board: Upon approval or disapproval by the commission, the plat, together with a complete copy of the commission findings and report of action, shall be transmitted to the board and written notice of this action shall be sent to the subdivider.
E. Board Action:
1. Submission And Consideration: The preliminary plat and commission recommendations shall be submitted to the board within fourteen (14) days of the commission's final written findings of fact. The board shall consider the recommendations of the commission at its next available hearing time following receipt of that report. The board's first public hearing on concurrent community housing planned unit development plat applications shall be scheduled within forty five (45) days of receiving the commission recommendations. Notice for said hearing shall be the same as that required for commission hearings pursuant to subsection D1 of this section. The board may continue the hearing, but not for more than thirty one (31) days unless notice is again provided pursuant to subsection D1 of this section.
2. Hearing: At the hearing, the board may hear testimony of the subdivider and any representatives of the subdivider, testimony of representatives of the commission and any witnesses in its behalf, and additional information and comment from the public and public agencies, as well as records of the commission hearings. The application and associated data and materials submitted therewith and the findings and recommendation from the commission shall be available for public inspection from and after the date the notice of hearing is published in the newspaper. If the applicant introduces new, modified, or supplemental written materials after the notice of hearing is published, the board may, if it determines that the additional information materially changes the application, either continue the proceedings and give notice, at the applicant's expense, of a subsequent hearing where the application will be considered together with the additional information or remand said changed application back to the commission for further consideration and recommendation. Any continuance resulting from the introduction of such additional information shall be deemed continued at the applicant's request pursuant to subsection D2 of this section.
3. Findings: Upon conclusion of the hearing, the board shall base its findings upon the record and testimony produced before it, and within fifteen (15) days declare its findings in writing. It may sustain, modify, reject or overrule any recommendations of the commission and make such findings as are not inconsistent with the provisions of Idaho law, this title, title 9 of this code, other county laws and the county comprehensive plan. The time limits for acting on the preliminary plat may be extended by mutual written consent of the subdivider and the board.
F. Contents Of Preliminary Plat: Preliminary plats shall be drawn to scale and shall show the following, on one or more sheets:
1. The scale at no smaller than one inch equals two hundred feet (1"=200'), north point, date and name of proposed subdivision, (which shall not conflict with the name of any existing subdivision in Blaine County or its incorporated cities as determined by Assessor's Office).
2. The legal description of the total area to be platted and the boundaries of the tract as determined by an accurate survey.
3. Lot, parcel, and block lines including dimensions, lot and parcel areas in square feet and acres, and proposed lot and block numbering. The term "parcel" is to be used for streets, common areas and other unbuildable or undevelopable tracts of land.
4. All existing and proposed easements within the area to be platted and any known easements on adjacent land.
5. The names of adjoining subdivisions and tax lots, and the location of city corporate limit lines and lines indicating the location of the Area of City Impact of any incorporated city.
6. Any zoning boundary lines within the subdivision.
7. Any floodway and/or floodplain lines as adopted by the County or as determined by the federal emergency management agency.
8. Mean/Ordinary High Water lines of streams and required setbacks.
9. Delineated wetland boundaries and required setbacks.
10. Mountain Overlay District boundaries, including Scenic Corridor 1.
11. Any red (high) or blue (moderate) avalanche hazard lines.
12. A contour map of the subdivision, based on United States geodetic survey datum or other datum approved by the county engineer, that shows two-foot (2') or less contour intervals where slopes are less than twenty-five percent (25%), and five-foot (5') contour intervals where slopes are twenty five percent (25%) or greater. Identify twenty-five percent (25%) slope boundaries; identify fifteen percent (15%) slope boundaries on any lands located within the Scenic Corridor 1.
13. The scaled location of existing buildings, water bodies and courses, and the location of adjoining or adjacent streets, rights-of-way, and public access easements.
14. The proposed location of street rights of way and names (which shall not conflict with the name of any existing street in Blaine County or its incorporated cities as determined by the Assessor's Office), grade and typical section of streets, and easements including dimensions.
15. The general location, layout, size, and type of any of the following systems existing within or adjacent to the proposed subdivision: sanitary and storm sewers, water mains, culverts, any other surface and subsurface structures, power poles and lines (identified as transmission or distribution lines. The general location, layout, type, and size of any proposed: central sanitary or storm sewers, central water system mains, sources, or storage facilities, or any other proposed utilities.
16. The location of all existing irrigated areas.
17. The location and direction of all natural or other drainageways, and the location and size of all drainage easements located within or immediately adjacent to the proposed plat.
18. Grading and drainage plan and improvements for lots and parcels.
19. The location, size and proposed use of all land intended to be dedicated or reserved for public use or reserved for common use of all future property owners within the proposed subdivision.
20. A legend explaining all linetypes and symbols used.
21. Survey narrative and notes. Notes should be organized under headings (e.g. Utilities, Wildlife, Easements, or other logical headings) when multiple notes are needed.
22. Basis of bearing and survey control points.
23. Line and curve tables as necessary.
24. Phasing boundaries, if applicable.
G. Other preliminary plat submittal items:
1. Application form with name and address of the owner of record, the applicant, and the engineer, surveyor or other responsible party, along with other information requested on the form.
2. Proof of ownership (title report or Assessor's records).
3. A vicinity map(s) at a scale appropriate to show the adjacent lands, uses, streets and zoning.
4. An outline of the provisions of any proposed protective covenants to be filed with the preliminary plat of the subdivision, if applicable.
5. Completed Information and Impact Assessment Form and attachments, pursuant to section 10-4-4 of this chapter. (Ord. 2023-10, - -2023; Ord. 2012-03, 4-17-2012; Ord. 2006-13, 10-26-2006; Ord. 2004-03, 5-3-2004; Ord. 2000-05, 3-27-2000; Ord. 98-8, 10-5-1998; Ord. 96-6, 7-22-1996; Ord. 95-3, 3-6-1995; Ord. 90-8, 11-26-1990; Ord. 77-6, 3-28-1977, eff. 4-14-1977)