A. Application: The subdivider shall file with the commission, if appointed, and city council a complete subdivision application form and preliminary plat data as required by this section.
B. Combining Preliminary And Final Plats: The applicant may request that the subdivision application be processed as both a preliminary and final plat if all the following exists:
1. The proposed subdivision does not exceed ten (10) lots, and all lots have legal access.
2. No new public and private street dedicating or street widening is involved.
3. No major special development considerations are involved such as development in floodplain, hillside development or the like.
4. All required information for both preliminary and final plat is complete and in an acceptable form.
A request to combine both preliminary plat and final plat into one application shall be acted upon by the commission, if appointed, and council.
C. Content Of Preliminary Plat: The contents of the preliminary plat and related information shall be in such a form as required by this section; however, any additional maps or data deemed necessary by the commission, if appointed, and council may also be required.
The subdivider shall submit to the city at least the following:
1. Ten (10) copies of the preliminary plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated; each copy of the preliminary plat shall be on good quality paper, shall have dimensions of not less than twenty four inches by thirty six inches (24" x 36"), shall be drawn to scale of not less than one inch to two hundred feet (1" = 200') unless written waiver for a modified scale is obtained from the city.
2. Appropriate information that sufficiently details the proposed development within any special development area, such as hillside, planned unit development, floodplain, mobile home, large scale development, hazardous and unique areas of development.
D. Requirements Of Preliminary Plats: The following shall be shown on the preliminary plat or shall be submitted separately:
1. The name of the proposed subdivision.
2. The names, addresses and telephone numbers of the subdivider or subdividers and the engineer or surveyor who prepared the plat.
3. The name and address of all adjoining owners of property, whether or not bisected by a public right of way as shown on record in the county assessor's office.
4. The legal description of the subdivision.
5. Scale, north point, and date of preparation including dates of any subsequent revisions.
6. A statement of the intended use of the proposed subdivision, such as: residential single-family; or two-family and multiple housing; commercial; industrial; recreational; or agricultural and showing of any sites proposed for parks, playgrounds, schools, churches or other public uses.
7. A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development.
8. A vicinity map showing the relationship of the proposed plat to the surrounding area (2 mile minimum radius, scale optional).
9. The land use and existing zoning of the proposed subdivision and the adjacent land.
10. Topography by contours related to USGS survey datum, or other datum approved by the city engineer or commission or council, or other water features; direction of flow; location and extent of areas subject to inundation whether such inundation be frequent, periodic, or occasional.
11. Location of water wells, streams, canals, irrigation laterals, private ditches, washes, lakes, or other water features; direction of flow; location and extent of areas subject to inundation whether such inundation be frequent, periodic, or occasional.
12. Location, widths, and names of all presently existing platted streets, railroads, utility rights of way of public record, public areas, permanent structures to remain, water wells, and municipal corporation lines.
13. The acreage of the tract proposed to be subdivided.
14. Name, book, and page numbers of any recorded adjacent subdivision having common boundary with the tract proposed to be subdivided.
15. Street layout, including location, width, and proposed names of streets, alleys, crosswalks and easements; connections to adjoining platted tracts.
16. Lot lines and blocks showing the dimensions and numbers of each.
17. A site report as required by the appropriate health district where individual wells or septic tanks are proposed.
18. A statement designating the method of disposal of sewage within the subdivision and a statement indicating the method by which culinary water will be provided to all lots within the proposed subdivision. A written statement of approval from the Eastern Idaho health district as to the proposed water supply and sewage disposal system shall accompany the preliminary plat.
19. A preliminary calculation and layout of the proposed system for stormwater disposal and locations of outlets subject to approval of the city engineer or commission or council.
20. Any additional information as required by the commission or council after review of the preapplication.
21. A written statement as to whether a variance will be requested with respect to any provision of this title describing the particular provision, the variance requested, and the reasons therefor.
22. All other requirements under sections 50-1301 through 50-1334 of Idaho Code.
E. Fees: Fees shall be set by resolution of the council.
F. Certification: Upon receipt of the preliminary plat, and all required data as provided herein, the city shall certify the application as complete and shall affix the date of application acceptance thereon. Said preliminary plat shall therefore be placed on the commission or council (if a commission is not appointed) agenda for consideration at the next available regular meeting of the commission or council.
G. Agency Review: The city may transmit one copy of the application to city departments and such other agencies that have jurisdiction or an interest in the proposed subdivision for their review and recommendations. This shall include:
1. Other governing bodies having joint jurisdiction.
2. The appropriate utility companies, irrigation companies or districts and drainage districts.
3. The superintendent of the school district.
4. All public safety departments including fire and law enforcement.
5. Other agencies having an interest in the proposed subdivision as suggested on the application form including:
Idaho transportation department
Eastern Idaho health district
If no written reply is received by the city from any of the various departments or interested agencies within ten (10) business days from the date of notification, approval of the preliminary plat by such department or agency will be considered to be granted.
H. Publication Notification:
1. Notification To Property Owners: At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice may also be made available to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement. Notice shall also be provided to property owners and residents within the land being considered, three hundred feet (300') beyond the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed development as determined by the city. When notice is required to two hundred (200) or more property owners or residents, in lieu of the mailing notification, three (3) notices in the newspaper or paper of general circulation is sufficient; provided, the third notice appear ten (10) days prior to the public hearing.
I. Commission Action (If Appointed):
1. Hearing By Commission: Within a reasonable time period following the close of the public hearing, the commission shall arrive at a decision on the preliminary plat, considering the preliminary plat, written comments from concerned persons and agencies that are part of the record for the hearing, and evidence and testimony submitted at the public hearing.
2. Commission's Findings: In determining the acceptance of a proposed subdivision, the commission shall consider the objectives of this title and at least the following:
a. The conformance of the subdivision with the comprehensive development plan and zoning ordinance.
b. The availability of public services to accommodate the proposed development.
c. The continuity of the proposed development with the capital improvement program.
d. The public financial capability of supporting services for the proposed development.
e. The other health, safety or environmental problems that may be brought to the commission's attention.
J. Action On Preliminary Plat By Commission: The commission may approve, approve conditionally, disapprove, or table the preliminary plat for additional information. Such action shall occur a reasonable time period from the date of the receipt of the recommendation by the planning commission. The action and the reason for such action shall be stated in writing by the commission, and forwarded to the applicant. The commission shall also forward a statement of the action taken and the reasons for such action, together with a copy of the preliminary plat, to the council for their information and record.
K. If A Commission Is Not Appointed: If a commission is not appointed, the council shall follow the process set forth in subsections I and J of this section in deliberating on the preliminary plat application.
L. Action On Preliminary Plat By Council: The council shall act upon the report of the commission within a reasonable time period following receipt of the report.
Upon conclusion of the meeting, the council shall base its findings upon the report of the commission and within a reasonable time period will declare its findings. It may sustain, modify, or reject the recommendations of the commission and may make such findings as are not inconsistent with the provisions of this title, the comprehensive plan, and the Idaho Code.
M. Approval Period:
1. Failure to file and obtain the certification of the acceptance of the final plat application by the city within one year after action by the council shall cause all approvals of said preliminary plat to be null and void, unless an extension of time is applied for by the subdivider and granted by the commission.
2. In the event the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one year may be considered for final approval with resubmission for preliminary plat approval.
N. Action On Combined Preliminary And Final Plat: If after a public hearing the commission's conclusion is favorable to the subdivider's request for the subdivision to be considered as both a preliminary plat and final subdivision, then a recommendation shall be forwarded to the council in the same manner as herein specified for a final plat. The commission may recommend that the combined application be approved, approved conditionally or disapproved.
O. Compliance With Development Agreement: If a development agreement has been utilized to approve the development, subsequent rezone and platting of the property and has not been complied with, the rezone and plat may be rescinded by action of the council. (Ord. 498, 4-16-2009)