The following procedures shall apply for short plat applications:
A. Application:
1. Regular Short Plat: Any property owner desiring to divide land into four (4) or fewer lots may submit an application for short subdivision to the Administrator. One or more original parcels of land must be included and subdivided according to the terms of this chapter.
2. Agricultural Short Plat: Any property owner desiring to divide land into four (4) or fewer lots may submit an application for short subdivision to the Administrator. All or a portion of one or more original parcel(s) of land must be included and subdivided according to the terms of this chapter. An agricultural short plat when dividing A-20 zoned land must equal or exceed forty (40) acres or when dividing A-40 land must equal or exceed eighty (80) acres.
B. Contents:
1. Contents for the short plat subdivision shall be the same as the final plat as provided in this chapter. The Administrator may waive all or parts of the impact study requirements where size or location indicates minimal adverse impact.
2. In the case of a "townhouse development", as defined herein:
a. The subdivision plat application containing proposed townhouse sublots for a single duplex structure shall not be accepted by the Administrator until construction of both proposed townhouse units has commenced under a valid building permit issued by the County building official. Furthermore, said application shall not be forwarded to the Board for its consideration until such time as the final framing inspection for said single duplex structure has been conducted by and the outcome of said inspection is satisfactory to the building official.
b. Owner's documents adequately address party wall concerns in the case of a townhouse development and provide for adequate control and maintenance of all commonly held facilities, garages, parking areas and/or open spaces.
c. The applicant may elect to submit an application for preliminary plat either to the commission or to the Board for its consideration prior to applying for and obtaining the requisite building permit for the subject duplex townhouse development. The application shall be subject to the procedures for approval of a short plat subdivision.
C. Process:
1. Regular Short Plat: The Board may refer the plat to the commission for recommendation and in any case shall review the proposed plat along with the Administrator's recommendation, any public or agency comment and that of the commission, if applicable.
2. Agricultural Short Plat: The Administrator shall determine whether all provisions of subsection D2 of this section are met within sixty (60) days of receiving the certified application. The Administrator shall notify the applicant in writing and schedule a public hearing before the Board of County Commissioners within thirty (30) days of the approval or denial of the administrative action, stating any conditions of approval or reasons for denial.
D. Requirements:
1. Regular Short Plat: Short plat applications are subject to all of the subdivision requirements of this title, including, but not limited to, the standards of evaluation for preliminary plats.
2. Agricultural Short Plat: Short plat applications are subject to all of the subdivision requirements of this title, including, but not limited to, the standards of evaluation for preliminary plats and the following:
a. No lot shall be less than 2.5 acres in size. The base density is not modified by the smaller lot size and is based on the acreage within the proposed subdivision.
Example: For an original parcel of land of one hundred sixty (160) acres, which plats one lot of 2.5 acres, the remaining base density in A-40 zoned land is three (3) units.
b. Eighty percent (80%) of the productive agricultural land (A-20 or A-40 land) platted under this section shall be encumbered by: 1) a conservation easement executed in force and effect simultaneously with the recordation of the final plat; or 2) a deed restriction. Said encumbrance shall specify that the conservation tract is limited to agricultural purposes and businesses as permitted by County ordinance or open space. This limitation shall be also noted on the plat.
c. In addition to the acreage requirement of subsection A2 of this section, at least fifty percent (50%) of the acreage of each agricultural short plat must be A-20 or A-40 zoned land.
E. Board Approval: The Board may approve, deny or modify the application and require street improvements to be constructed prior to final acceptance of the dedication or require a financial guarantee to ensure construction. The owner shall furnish to the Board a deed describing and conveying such lands to the Board for filing with the Recorder.
F. Appeal To The Board: Repealed.
G. Recording Final Plats: The final plat shall conform to Idaho Code section 50-1301 et seq., and be filed with the County Recorder along with any covenants and restrictions. A hard copy, mylar and four (4) copies of the plat shall be required for recording.
H. Resubdivision Of Short Plats: Land previously subdivided by a short plat may be further subdivided by a new short plat if the total number of lots for both short plats does not exceed four (4) and all other applicable requirements of this Code have been met. Applications for resubdivision of a previously approved short plat that exceeds four (4) lots total shall be reviewed using the regular subdivision process. (Ord. 2012-03, 4-17-2012; Ord. 2009-04, 5-21-2009)