The following procedures shall be followed for all cases of subdividing within the scope of this title:
A. Plat Approval Required: A plat shall be drawn for each subdivision of land and submitted to the commission and council as provided in this section.
B. Official Recording: No plat or description of land subdividing shall be filed in the office of the county recorder until same shall have been acted upon by the commission and approved by the council in preliminary and final plat form as required herein. No lots shall be sold from any plat until same shall have been recorded in the office of the county recorder.
C. Agenda: Each plat submitted for preliminary or final approval shall be placed on the commission's agenda only after fulfilling the appropriate requirements of this title. However, a plat not meeting all the requirements may be submitted, provided the subdivider presents with the plat a letter requesting any specific exceptions and enumerating in detail the reasons therefor.
D. Application Forms: Any application for preliminary plat or subdivision approval, or total or partial vacation of an existing subdivision, or dedication of a street, or grant of right of way or easement for the benefit of the public shall be made on forms obtainable from the city engineer and the accuracy of the data provided thereon certified thereto by the subdivider.
E. Preapplication Submission Of Plans:
1. Filing Procedure: Prior to the filing of an application for approval of a preliminary plat, the subdivider shall submit to the city engineer the plans and data as required in section 11-2-2 of this chapter; provided, however, that such plans may be general in nature and that such submission shall not require the official filing of a subdivision application.
2. Review By City Engineer: The city engineer shall review said plans and data as submitted or modified and, within ten (10) days, advise the subdivider in writing as to the general conformance or nonconformance with this title.
F. Preliminary Plat: The following procedures shall apply to the filing for preliminary approval of any subdivision.
1. Application: Any owner desiring to subdivide a piece of land within the city shall file with the city engineer copies of the preliminary plat as required, together with a letter requesting that said preliminary plat be placed on the commissioner's agenda for consideration.
2. Proof Of Ownership Required: In making application, the owner shall submit current title report.
3. Consent For Rerouting Water Sources: In the event the plat requires the rerouting of a drainage course or irrigation facilities, the subdivider shall furnish documentary evidence of consent to the rerouting of such facilities by all parties interested in such uses or authorized representatives thereof. (Ord. 228, 12-15-1981)
4. Certification By City Engineer: Upon receipt of the preliminary plat and all other required data as provided herein, the city engineer shall certify the application as complete and shall affix the date of application acceptance thereon. He shall, thereafter, place said preliminary plat on the planning and zoning commission agenda for consideration at the next regular meeting of the commission which is held not less than fifteen (15) days after said date of certification. (Ord. 228, 12-15-1981; amd. 2015 Code)
5. Review By Agencies: The city engineer shall transmit one copy each of the preliminary plat to the following agencies for review and recommendations and may request recommendations from such other agencies as he may deem necessary. If no written recommendation from any agency listed herein is received within ten (10) days after such notification, the approval of the preliminary plat by such agency will be considered to be granted. (Ord. 228, 12-15-1981)
a. Council Independent school district.
b. Idaho Public Utilities Commission.
c. Idaho Power Company.
d. Cambridge Telephone Company.
e. Irrigation district appropriate to the area being platted.
f. Southwest district health department.
g. Cable Television Company. (Ord. 228, 12-15-1981; amd. 2015 Code)
6. Commission Action:
a. The commission shall approve, approve conditionally, or disapprove the plat within thirty (30) days of the date of the regular meeting at which said plat is first considered. If the preliminary plat is disapproved or approved conditionally, the reasons for such action shall be stated in writing, a copy of which, signed by the chair of the commission, shall be attached to one copy of the plat and transmitted to the applicant.
b. If no action is taken by the commission at the end of said thirty (30) days, the plat shall be deemed to have been approved unless stipulation for additional time is agreed to by the applicant and commission.
c. Upon such approval or disapproval by the commission, the plat, together with a complete copy of commission findings and report of action, shall be transmitted to the council, and notice of this action shall be sent to the subdivider.
7. Council Action:
a. The council shall act upon the report within ten (10) days, or at its regular meeting next succeeding receipt of the report. The subdivider, at his request, shall be entitled to at least one continuance of the hearing until the next regular meeting of the council.
b. At the hearing, the council shall hear testimony of the subdivider and any witnesses in his behalf, and the testimony of representatives of the commission, and any witnesses in its behalf.
c. Upon conclusion of the hearing, the council shall base its findings upon the testimony produced before it and, within seven (7) days, declare its findings. It may sustain, modify, reject or overrule any recommendations or rulings of the commission, and may make such findings as are not inconsistent with the provisions of Idaho state law and/or of this title.
8. Extension Of Time Limits: The time limits for acting on the preliminary plat as herein specified may be extended by mutual consent of the subdivider and the council or commission, as the case may be. If no action is taken within the time limits as so extended, the preliminary plat, as filed, shall be deemed approved, and it shall be the duty of the city clerk-treasurer to certify such approval.
G. Final Plat: The following procedures shall apply to the filing for final approval of any subdivision:
1. Filing By Subdivider:
a. After the approval or conditional approval of the preliminary plat, the subdivider may cause the subdivision, or any part thereof, to be surveyed and a final plat prepared in accordance with the preliminary plat as approved.
b. The final plat, prepared in accordance with title 50, chapter 13 of the Idaho Code and the provisions set forth herein, shall be filed with the commission, through the city engineer, together with a letter requesting that it be placed on the commission agenda for consideration.
c. Such final plat, when submitted, shall be accompanied by prints thereof as required and two (2) sets of prints of the plans and specifications for all proposed improvements as required by this title.
2. Time Limit On Filing:
a. Filing of the final plat shall be made within one year after action by the council on the preliminary plat.
b. Failure to file a final plat within one year after the action by the council approving said preliminary plat shall cause all approvals of said preliminary plat to have been voided; provided, however, that upon application of the subdivider, the council may grant an extension of the one year period for a time not to exceed ninety (90) days. (Ord. 228, 12-15-1981)
3. Certification By City Engineer: Upon receipt of the final plat, and all other required data as provided herein, the city engineer shall certify the application as complete and shall affix the date of application acceptance thereon. He shall, thereafter, place the final plat on the planning and zoning commission agenda for consideration at the regular meeting. (Ord. 228, 12-15-1981; amd. 2015 Code)
4. Review By Agencies: The city engineer may transmit one copy each of the final plat for review and recommendation to the agencies listed in subsection F5 of this section and/or to such other agencies as he deems desirable. If no written recommendation from any agency to which a copy is transmitted is received within five (5) days, the approval of the final plat by such agency will be considered to be granted.
5. Commission Action: Within thirty (30) days after the date of the regular meeting at which the final plat is first considered by the commission, the commission shall approve, conditionally approve, or disapprove such final plat and shall recommend its findings to the council; provided, however, that said time for consideration may be extended with the consent of the subdivider.
6. Council Action: The council, at its next meeting following receipt of the commission report, shall consider the plat and any changes from the preliminary plat recommended by the commission. If said plat conforms to the requirements of Idaho state law and of this title applicable at the time of the preliminary plat and all rulings made by the council on the preliminary plat, the council may approve said plat or the council may reject changes from the preliminary plat recommended by the commission and/or require changes in addition to those recommended by the commission.
7. Acceptance Of Dedications: At the time of approval of the final plat, the council shall accept offers of dedication to the public shown thereon and shall, as a condition precedent to the acceptance of any streets or easements, require that the subdivider, at its option, either improve, or agree to improve, the streets and easements in accordance with standards established under this title, and as more particularly set forth herein. (Ord. 228, 12-15-1981)