A. Filing:
1. Survey And Preparation Of Final Plat: After the approval or conditional approval of the preliminary plat, the subdivider may cause the subdivision, or the first phase thereof, to be surveyed and a final plat prepared in accordance with the preliminary plat as approved.
2. Preparation And Filing: The final plat shall be prepared in accordance with Idaho Code, section 50-1301 et seq., and the provisions of this title, and filed with the administrator, together with a letter requesting that it be placed on the board's agenda for consideration. In the event the final plat does not conform substantially to the approved preliminary plat, the administrator shall so inform the subdivider. The administrator shall then proceed to assign the final plat to the commission agenda for their action as a preliminary plat.
3. Documents Submitted: Such final plat submission shall include two (2) drafting film plats and four (4) copies of the plat, as well as specifications for all proposed improvements as required by this title. A title report or other evidence of proof of ownership shall be submitted.
4. Certificates, Acknowledgment And Signatures: The final plat shall bear all required certificates and acknowledgments, the signatures of the private engineer, county engineer, administrator and the notarized signature of the owner. Applicants may be assessed a fee by the county engineer for any costs incurred to certify, acknowledge or sign a final plat.
B. Time Limitations:
1. Deadlines: A preliminary or short plat shall expire three (3) years from the date of the board's approval, unless an application for final plat approval has been submitted to the county. A final plat application, if not certifiable pursuant to subsection C of this section, shall expire six (6) months from the date of its submission or from the effective date hereof whichever is later. A final plat, if not recorded, shall expire one year from the date of the expiration of the appeal period. Only one extension of this final plat deadline is allowed, for good cause shown, and only for a maximum of one additional year.
2. Phasing Development: In the event a preliminary plat provides for the orderly phasing of development in successive contiguous segments, final plats for such phases may be submitted according to a predetermined schedule without resubmission for preliminary plat approval. Any phase which is not recorded within three (3) years of the Board's approval of the preliminary plat or the final plat of the immediately prior phase, whichever is later, shall expire or be required to meet any changes in this title enacted since the original approval. Applicants are advised that subsequent phases of development may be required to provide mitigation for additional on site and off site impacts. Phasing and bonding may be authorized for community housing planned unit developments through the evaluation process provided in title 9, chapter 35, "Community Housing Overlay District (CH)", of this Code.
C. Certification By Administrator: Upon receipt of the final plat, a completed application and review by the County Engineer, the Administrator shall determine whether all requirements of this title have been satisfied. Upon an affirmative finding that the application is complete and conforms to County regulations, the Administrator shall certify the application as complete, affix the date thereto and place the plat on the Board's agenda for consideration at the next available, adequately noticed, hearing time within sixty (60) days or forty five (45) days for community housing planned unit developments of certification.
D. Commission Action: The commission shall be required to act on a final plat only if the Board finds it necessary to remand said final plat to the commission for a recommendation.
E. Board Action: At its next available, adequately noticed, hearing time following receipt of final plat application, the Board shall consider said plat, recommendations from the commission, if any, additional information and comment from the public and public agencies, and improvement bonding. Further, the Board shall determine whether the final plat conforms to the conditions required on the preliminary plat, regulations of this title and other County laws, policies of the Comprehensive Plan and provisions for the public health, safety and welfare. Subsequent phases of a multiphased development may be required to provide mitigation for additional on site and off site impacts. The Board shall then vote to approve, modify or deny the final plat application, declare findings within fifteen (15) days and notify the subdivider of the decision in writing within fourteen (14) days of the final disposition.
F. Court Appeals: The signing of any decision approving a preliminary plat by the Board where the applicant is in a position to permanently alter the land activates an appeal period, set out in section 67-5273 of the Idaho Code, during which anyone aggrieved by the Board's decisions may appeal to the District Court. In the case of a short plat or plat amendment, the decision of the Board does not become a final, appealable decision until the Board approves the final plat. The County will not sign any final plat for recording until the appeal period has expired. In the event of an appeal, the County will suspend any expiration date set out in this title. Site improvements and all other expenditures undertaken during this period are undertaken at the applicant's sole and exclusive risk. The Board, at its discretion and with specific findings, may prohibit site alteration work prior to the expiration of the appeal period.
G. Acceptance Of Dedication: At the time of approval of a final plat the Board may accept offers of dedications shown on the plat.
H. Contents Of Final Plat: The final plat shall conform to Idaho Code, section 50-1301 et seq. It shall be drawn on one sheet or sheets of stable base drafting film (minimum base thickness of 0.003 inches) as per Idaho Code, section 50-1304, and also provided to the County, at recordation, in a digital format compatible with the County's system. The final plat shall also contain the following:
1. A title which shall include the name of the subdivision, County and State, and the location and description of the subdivision referenced to township, range and section.
2. Scale, north arrow and date.
3. Point of beginning of subdivision description tied to at least two (2) government survey corners or to monuments recognized by the County Engineer.
4. Location and description of monuments.
5. Tract boundary lines, property lines, lot lines, lot sizes in acres, street right-of-way and centerlines, other rights- of-way and easements; all with accurate dimensions in feet and decimals, bearing in degrees, minutes and seconds, radii, arcs, central angles, tangents and chord lengths of all curves to the above accuracy.
6. Name and right-of-way width of each street or other right- of-way.
7. Name and locations of adjoining subdivisions.
8. The location, dimension and purpose of all easements.
9. Building envelopes, if required.
10. The blocks numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block with areas to be excluded from platting marked clearly with the reason for exclusion.
11. The outline of any property, other than a street or alley, which is offered for dedication to public use, fully dimensioned by lengths and bearings, with the area marked "Public" and showing the proposed use.
12. Location, width and names of all existing or dedicated streets or other public ways within or adjacent to the proposed subdivision.
13. A signed certificate of ownership, with notarization, including dedication of those street rights-of-way and sites held for public use, statements of nondedication for public use and responsibility for maintenance and service to such private streets, grants of any existing or proposed easements and a provision in this certificate referencing the County Recorder's fee number where the protective covenants governing the subdivision are recorded.
14. Certification by registered engineer or surveyor preparing the plat certifying to accuracy of survey and plat.
15. Certification and signature of County Engineer (surveyor) verifying that the accuracy of the survey complies with the requirements of the Idaho Code.
16. Certification and signature of City Engineer and City Clerk, if required, verifying that the subdivision meets the city requirements and has been approved by the Council.
17. Certification by the Health Department that the sanitary restrictions on land or premises within a plat have been lifted.
18. Certification and signature of the Administrator verifying that the subdivision has met all County and commission requirements.
19. Any additional restrictions imposed by the Board to provide for the public health, safety and welfare.
20. Certification and signature of the Chairpersonor Vice- Chairperson of the Board verifying that the subdivision has been approved by the Board.
21. Certification and signature of the County Treasurer verifying that all taxes have been paid.
22. Certification and signature of the owner verifying that the requirements of Idaho Code section 31-3805 (delivery of water) and section 50-1334 (water systems) have been met.
23. Plat note(s) describing all potential hazard and sensitive areas including disclaimers. Notes shall include:
a. Floodway - with reference to Flood Insurance Rate Map (FIRM).
b. Floodplain - with reference to Flood Insurance Rate Map (FIRM).
c. Avalanche - with reference to site specific study.
d. Wetlands - with reference to site specific study.
I. Improvement Guarantees: If the Board finds that it is desirable that required improvements be completed after final plat filing, a performance bond, cash deposit, negotiable bond or other financial guarantee acceptable to the Board shall be posted with the County. The amount shall be not less than one hundred fifty percent (150%) of the estimated cost of improvement construction as determined by the registered engineer on the project and shall be verified by the County Engineer. The subdivider shall pay any County Engineer review fees and provide a definite timetable for completion of said improvements. The financial guarantee shall provide for forfeiture to the County upon the failure by the developer to construct any or all of the improvements according to the approved schedule.
J. Monumentation: All subdivision monuments as required by title 50, chapter 13 of the Idaho Code, shall be found or set and certified as correct by a licensed surveyor before any County official signs the final plat or before the release of any financial guarantee of the monumentation costs. (Ord. 2021-07, 5-11-2021; Ord. 2018-01, 1-23-2018; Ord. 2012-03, 4-17-2012; Ord. 2008-03, 3-4-2008; Ord. 2004-03, 5-3-2004; Ord. 98-8, 10-5-1998; Ord. 96-6, 7-22-1996; Ord. 95-3, 3-6-1995; Ord. 79-5, 9-11-1979; Ord. 77-6, 3-28-1997, eff. 4-14-1977; Ord. 77-6, as amended)