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(1) Method And Medium Of Presentation:
A. All plats to be recorded shall be prepared on a drafting medium in accordance with the requirements of Idaho Code, title 55, chapter 19, section 55-1905, paragraph (1) for records of survey maps;
B. The plat shall be drawn to an accurate scale of not more than one hundred feet to an inch (100' = 1") unless otherwise approved by DSD prior to submission; and
C. The final plat drawings shall be additionally submitted in digital form approved by the director.
(2) Identification Data Required:
A. A title which includes the name of the subdivision and its location by number of section, township, range and county shall be placed together at one location at the top of the sheet and generally centered.
B. Name, address and official seal of the surveyor preparing the plat.
C. North arrow.
D. Date of preparation.
E. Revision block showing dates of any revisions subsequent to the original preparation date. The revision block shall be part of the title block which shall be placed along the right edge of the drawing sheet.
(3) Survey Data Required:
A. Boundaries of the tract to be subdivided and the interior lots are to be fully balanced and closed, showing all bearings and distances determined by an accurate survey in the field. All dimensions shall be expressed in feet and decimals thereof.
B. Any excepted lots within the plat boundaries shall show all bearings and distances, determined by an accurate survey in the field. All dimensions shall be expressed in feet and decimals thereof.
C. Basis of bearing on the plat shall be referenced.
(4) Descriptive Data Required:
A. Name, right of way lines, courses, lengths, width of all private and public streets, alleys, pedestrianways and utility easements.
B. All drainageways.
C. All easements provided for public services or utilities and any limitations of the easements.
D. All lots and blocks shall be numbered throughout the plat in accordance with Idaho Code. "Exceptions", "tracts" and "private parks" shall be so designated, lettered or named and clearly dimensioned.
E. All sites to be dedicated to the public will be indicated and the intended use specified.
F. All roads must be labeled as either "private" or "public" behind or beneath the road name.
G. The area of each lot shall be stated in acres and decimals thereof.
H. The statement from Idaho Code section 22-4503 or any later or amended statutory language shall appear on all final plats located in a zone where agricultural uses are allowed or permitted.
I. A note as to the type of sewage disposal facilities to be provided.
J. A note as to the type of water supply facilities to be provided.
K. Required section and quarter section line setbacks.
(5) Dedication And Acknowledgment:
A. Dedication: A statement of dedication of all streets, alleys, pedestrianways and other easements for public use by the persons holding title of record and by persons holding title as vendees under land contract.
B. Acknowledgment Of Dedication: The dedication referred to in subsection (5)A of this section shall be in the form of a certificate acknowledged in accordance with Idaho Code section 50-1309. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)
(6) Required Certifications: The following certifications shall be placed on the signature page of the final plat:
A. Landowner's signature.
B. Certification by a surveyor stating that the plat is correct and accurate and that the monuments described in it have been located as described.
C. Certification of plat approval by the county surveyor.
D. Certification of plat approval by the board.
E. Approval or certification by impacted agencies that may include: highway districts, health department, the city when the development is in an area of impact, treasurer, recorder, and state and federal agencies having jurisdiction. (Ord. 15-009, 4-23-2015)
(7) Time Limitations:
A. The following time limitations are in accordance with section 07-07-23: of this chapter:
1. In the event that the development of the preliminary plat is made in successive continuous segments in an orderly and reasonable manner and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of twenty four (24) months, may be considered for final plat approval. In the event a longer period elapses, the preliminary plat must be reviewed by the commission and approved by the board;
2. Final plat application must be submitted and accepted by DSD within two (2) years of the date of written approval of the preliminary plat; and
3. The final plat shall be filed with the county recorder within sixty (60) days after approval of the board; otherwise, such approval shall become null and void unless an extension of time is applied for and granted. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)
(8) Commission Review: (Rep. by Ord. 15-009, 4-23-2015)
(9) Board Action:
A. Upon receipt of the final plat and all other data as required herein, the board shall thereafter place the final plat on its agenda for consideration at a regular meeting held not less than fifteen (15) calendar days after the date of submittal.
B. The board, following receipt of the final plat, shall consider said plat and any changes from the approved preliminary plat. If the plat conforms to the requirements of the subdivision regulations and Idaho Code, the board shall approve the plat.
C. At the time of approval and recording of the final plat, the board shall accept the dedications shown thereon. As a condition precedent to the approval of any final plat, the board may require the developer to improve or agree to improve the streets and all other public improvements to the standards approved for the preliminary plat by furnishing a surety bond or other guarantee. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)
(1) The developer may request that the subdivision application be processed as both a preliminary and final plat, known as a short plat, if all of the following exist:
A. The proposed subdivision does not exceed fourteen (14) lots;
B. No major special development considerations are involved such as development in floodplain, hillside development, etc.; and
C. All required information for both preliminary and final plat is complete and in acceptable form. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)
This chapter establishes the procedure and requirements for making simple changes to a recorded plat when not involving a vacation or dedication of a public street right of way or private road easement. (Ord. 16-007, 6-20-2016)
(1) Application For Change:
A. The person seeking a change must file an application on a form provided by the director, and the fees. The application must demonstrate full compliance with all requirements established by the board as prerequisites for making a change to a plat.
B. When the application is filed, the director shall have a period of fourteen (14) calendar days from the time of receipt of the application to determine whether the application is complete.
C. If the director determines that the application is not complete, the application shall be returned to the applicant with written instructions as to what deficiencies must be satisfied. No further consideration will be given to the application until it is returned by the applicant and determined by the director to be complete.
D. When a fully completed application has been filed and the fees paid, the director shall conduct a review. The burden of proof is on the applicant to show compliance with the requirements for a simple change to a recorded plat. The director may grant the application only if the changed plat can meet all requirements of the zone in which it is located.
(2) Approval Or Denial:
A. If the director denies the application, he shall state his reasons in written findings within fourteen (14) calendar days of the denial. A copy shall be forwarded by mail to the applicant at the address given on the application.
B. If the director grants the application, the applicant must submit a record of survey showing the plat change pertaining to the request and a metes and bounds description of all changed lots. The record of survey must bear in the title or in a side note on the record of survey that the purpose of the record of survey is to change the specific plat, stating the name of the plat, with affected lots and blocks. The written decision of the director and a copy of the record of survey must be recorded at the applicant's expense.
C. Any affected person who is aggrieved by the director's decision may file a written notice of appeal in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)
This section establishes the procedure and requirements for making minor modifications to a previously recorded subdivision plat or portion of a plat, when the modification cannot be accomplished as a simple change to a recorded plat in accordance with section 07-17-19: of this article. A minor correction on a final plat or an amendment that does not create a new lot or alter the character or purpose of a subdivision, may be made by application to the director who shall determine the validity of the requested correction and record, at the applicant's expense, any approved change. A new mylar and signature page reflecting the correction or amendment shall be required. Minor modifications include insignificant changes in wording, corrections, adjustments between platted and unplatted parcels, consolidations and lot line adjustments for up to five (5) lots where easements not utilized are adjusted with the lot line.
Substantial changes to a recorded plat must comply with the requirements of section 07-17-13: of this article, and may not be accomplished through the provisions of this section. Substantial changes include those that would affect the location of public streets or private roads, septic systems, building envelopes, no build envelopes, easements or utilities that are currently utilized; adjustments that would create additional lots; adjustments that would affect more than five (5) lots; or significant changes in plat language that might affect a property owner's use of their land, or of commonly held land or easements. (Ord. 16-007, 6-20-2016)
(1) Application For Approval Of Minor Replat Or Amendment:
A. A completed application must be submitted to the director with the following documents:
1. Completed application form signed by the property owners whose land is included in the amended plat or replat, or a notarized letter of authorization by the property owners and a sufficient number of copies, as determined by the director, for each agency/organization reviewing the application, shall be submitted by the applicant.
2. Fees.
3. Preliminary title report for all lots to be replatted or amended.
4. A plat meeting the final plat requirements of section 07-17-13: of this article and Idaho Code, title 50, chapter 13. The title of the plat shall state that it is a replat or an amendment of the subdivision or of the particular lots within the subdivision.
5. Narrative explaining the proposed changes to the plat.
(2) Approval Process And Requirements: When an application for approval of a minor replat or amendment of a recorded plat is filed the following procedure applies:
A. The director shall provide a copy of the completed application packet to the affected agencies.
B. Within thirty five (35) calendar days of the acceptance of application, the director shall review the relevant evidence in the record and issue findings and an order of decision. The findings shall cite the applicable legal standards; state the evidence and conclusions on which the decision was based; explain any relevant contested facts and the evaluation of these facts; and if the decision is denied, any action the applicant could take to gain approval.
C. To approve a minor replat or amendment, the director must make a finding that the proposed changes and the plat are in compliance with Idaho Code, title 50, chapter 13 and with the requirements of the county and other agencies; that the proposed changes are not substantial in nature; and that there will be no negative effects on public agencies and private corporations that provide services and facilities for the subdivision.
D. Within one hundred twenty (120) calendar days of approval, the mylar plat must be submitted in a form ready to record. The applicant shall obtain all required signatures on the plat. If the plat is not submitted for recordation within one hundred twenty (120) days and an extension is not granted by the director, approval is null and void and a new application must be submitted. The director may grant an extension for good cause.
(3) Appeal: Any affected person who is aggrieved by the director's decision may file a written notice of appeal in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)
Changes to any recorded plat involving a public right of way for public use must be applied for with the highway district having and accepting jurisdiction. Other such applications must be made to the board pursuant to Idaho Code, title 50, chapter 13. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)
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