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(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)
Existing natural features which add value to residential development and enhance the attractiveness of the community such as streets, watercourses, historic spots and similar irreplaceable assets shall be given consideration in the design of the subdivision. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)
(1) Responsibility Of Developer: Construction of improvements such as private roads and other facilities which are required as a condition to plat approval shall be the responsibility of the developer and shall meet county specifications and standards of construction.
(2) Irrigation Supply And Distribution Systems: The developer shall disclose, pursuant to Idaho Code section 31-3805, and file as part of the preliminary plat with DSD, evidence that an adequate irrigation supply and distribution system to serve the land within the plat to be recorded will be provided and must include consideration of using existing water rights that go with the land being platted. Such evidence shall include, but not be limited to, the following:
A. Copies of the plans of the proposed distribution system for the lots and areas to be served in the proposed development; and
B. Copies of the community association's or similar organization's documents which may be required precedent to the establishment of an irrigation distribution system within the proposed development.
(3) Construction Drawings: The applicant shall submit to DSD with the application for final plat, construction drawings for all required improvements.
(4) Bonding: Prior to the board signing the final plat, all required improvements shall be constructed and a certificate of completion shall be secured from the county unless a surety bond or other acceptable guarantee of performance to ensure the actual construction of such improvements as submitted and approved is filed with the county clerk. Such surety bond or other guarantee shall be in the amount of one hundred twenty percent (120%) of the estimated cost of the improvements as determined by the county. The improvements when covered by a surety bond shall be constructed within two (2) years from the date of recording of the final plat; provided, however, the board may extend the period one year upon showing of just cause by the developer.
(5) Record Plans And Specifications:
A. Prior to acceptance by the County of any improvements installed by the developer, two (2) sets of prints of the approved "record" plans and specifications shall be certified by the developer's engineer and filed with DSD.
B. Within ten (10) calendar days after completion of improvements and submission of "record" plans in accordance with County specifications, the applicant's engineer shall certify the completion and acceptance of the construction and shall transmit a copy of the said certification to the developer. If a surety bond or guarantee agreement has been executed by the developer, the same shall be forwarded to the County Clerk. The County Clerk shall thereafter release said surety bond or guarantee upon application by the developer upon proof that the improvements have been completed. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)
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