A. Application Required:
1. Filing Of Preliminary Plat Application And Data: The subdivider shall file with the administrator a complete subdivision application form and preliminary plat data as required in this title.
2. Filing Of Planned Unit Development Application For Large Scale Subdivisions: The subdivider shall file with the administrator complete subdivision and planned unit development applications for all large scale subdivisions as required in this title and in title 8, "Zoning", of this code.
B. Combining Preliminary And Final Plat In Minor Subdivisions: The applicant may request that the subdivision application be processed as both a preliminary and final plat if all the following exist:
1. The proposed subdivision does not exceed ten (10) lots;
2. No use of private streets, new street dedication, or street widening is involved;
3. No major special development considerations are involved such as development in a floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in an acceptable form; and
5. The proposed subdivision is not in conflict with the comprehensive plan or any provision of the zoning title of the city.
C. Required Information And Data:
1. The contents of the preliminary plat and related information shall be in such a form as stipulated by the city council; however, any additional maps or data deemed necessary by the administrator may also be required.
2. The subdivider shall submit to the administrator at least the following:
a. Six (6) 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 the dimensions of not less than twenty four inches by thirty six inches (24" x 36"), shall be drawn to a scale of not less than one inch to one hundred feet (1" = 100'), shall show the drafting date, shall be stamped by a licensed Idaho professional land surveyor or a licensed Idaho registered professional engineer, and shall indicate thereon, by arrow, the generally northerly direction;
b. Six (6) sets of preliminary engineering plans (not meant to be cross sections or detailed designs) for streets, water, sewers, sidewalks and other required improvements. The engineering plans shall be stamped by a licensed Idaho registered professional engineer and shall contain sufficient information and detail to make a determination as to conformance of the proposed improvements to applicable regulations, ordinances and standards;
c. A written application requesting approval of the preliminary plat; and
d. Appropriate information that sufficiently details the proposed development within any special development area such as hillside, planned unit development, floodplain, cemetery, mobile home, large scale development, hazardous and unique areas of development.
3. The following shall be submitted separately:
a. The name of the proposed subdivision;
b. The name, address and telephone numbers of the subdivider or subdividers and the engineer or surveyor who prepared the plat;
c. The name and address of all property owners and purchasers of record (as shown on record in the county assessor’s office) owning property within the described radius requirements (identified in section 8-7-8D of this code) of the exterior boundary of the application property, to contiguous homeowners’ associations, and any additional area that may be impacted by the proposed change including any neighborhood associations as determined by the zoning administrator.
d. The legal description of the subdivision;
e. The statement of the intended use of the proposed subdivision, such as residential single-family, two-family and multiple housing, commercial, office, recreational or agricultural and a designation of any sites proposed for parks, playgrounds, schools, churches or other public uses;
f. A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development. A map shall be submitted showing the location of existing buildings, water bodies or courses and the location of currently dedicated streets at the point where they adjoin and/or are immediately adjacent; provided, that actual measured distances shall not be required;
g. A vicinity map showing the relationship of the proposed plat to the surrounding area (1/2 mile radius, scale option);
h. The land use and existing zoning of the proposed subdivision and the adjacent land;
i. Streets, street names, rights of way and roadway widths, including adjoining streets or roadways;
j. Lot lines and blocks showing the dimensions and numbers of each;
k. Contour lines, shown at five foot (5') intervals where land slope is greater than ten percent (10%) and at two foot (2') intervals where land slope is ten percent (10%) or less, referenced to an established bench mark, including location and elevation;
l. A site report as required by the appropriate health district where individual wells or septic tanks are proposed;
m. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants and their respective profiles;
n. Any dedications to the public and/or easements, together with a statement of location, dimensions and purpose of such; and
o. Any additional required information for special developments as specified in chapter 5 of this title.
D. Procedure For Approval Of Preliminary Plat:
1. Administrative Review:
a. Acceptance of Application: Following receipt of the completed preliminary plat application and all other required information as provided for herein, the zoning administrator shall deem the application as complete and shall affix the date of application acceptance thereon.
b. Review By Other Agencies: The zoning administrator shall refer the preliminary plat and application to as many governmental agencies as deemed necessary and shall provide that any transmittal will be returned within fifteen (15) days. Such agencies may include the following:
(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; and
(4) Other agencies having an interest in the proposed subdivision.
c. Recommendation By Administrator: The zoning administrator shall provide that any transmittal as provided in subsection D1b of this section will be returned within fifteen (15) days. At the end of the fifteen (15) day period, the administrator shall prepare a recommendation to the commission. All agency responses shall be supplied by the zoning administrator to the planning and zoning commission.
2. Planning and Zoning Commission Public Hearing: In accordance with the notice requirements set forth in section 8-7-8 of this code, the zoning administrator shall schedule a public hearing before the planning and zoning commission. All agency responses shall be supplied by the zoning administrator to the Planning and Zoning Commission.
3. Action By The Commission:
a. 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:
(1) The conformance of the subdivision with the comprehensive development plan;
(2) The availability of public services to accommodate the proposed development, including compliance with title 6, chapter 5 of this code;
(3) The continuity of the proposed development with the capital improvement plan;
(4) The public financial capability of supporting services for the proposed development; and
(5) The other health, safety and environmental problems that may be brought to the commission's attention.
b. Action On Preliminary Plat: The commission may recommend approval, conditional approval, disapproval, or tabling for a period not to exceed forty five (45) days unless additional time is requested by the applicant. The action, and the reasons for such action shall be included within the commission's findings of fact and conclusion of law. The administrator shall forward the commission's findings of fact and conclusions of law together with a copy of the preliminary plat to the council for its action. Upon granting or denying a preliminary plat, the commission shall specify:
(1) The ordinance and standards used in evaluating the application;
(2) The reasons for recommending approval or denial; and
(3) The actions if any, that the applicant could take to obtain approval of the preliminary plat.
c. Action On Combined Preliminary And Final Plat: If the commission's conclusion is favorable to the subdivider's request for the subdivision to be considered as both a preliminary plat and final plat, then a recommendation shall be forwarded to the city 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.
4. Action By The Council: In accordance with the notice requirements set forth in section 8-7-8 of this code, the zoning administrator shall schedule a public hearing before the City Council. The City Council shall approve, approve conditionally, disapprove, or table the preliminary plat for more information. Upon granting or denying the preliminary plat, the council shall make findings as required in subsection D3b of this section.
E. Approval Period:
1. The preliminary plat shall be null and void if a final plat application is not received by the city and deemed complete by the Zoning Administrator within two years from the approval date of the city council findings of fact and conclusions of law for the preliminary plat.
If an application for extension of time is received by the city prior to the expiration date of the preliminary plat a maximum twelve (12) month extension of the time limit on the approved preliminary plat may be granted by the city council, at its sole discretion, if the following findings are made:
a. There are no outstanding city code or plat approval violations on the subject property. If such violations exist, they may be conditioned by the city council to be cured as a condition of the extension of time;
b. The preliminary plat, as previously approved, remains in the best interests of the health, safety, and general welfare of the city;
c. There have been no significant changes to this code between the date of preliminary plat approval and the application date of the time extension request that would require substantial modifications to the project;
d. There are no hazardous conditions which have developed or have been discovered on the project site;
e. The public facilities and services required for the project remain adequate;
f. The applicant has provided a viable and acceptable plan which demonstrates that the final plat application will be filed within the year; and
g. The applicant has provided a schedule that depicts the anticipated timing for the filing of the final plat application within the year.
2. The city council reserves the right to revoke the extension of time approval if it finds that any of the criteria herein are not met.
3. This section does not limit the number of extensions the city council may grant to an applicant so long as the criteria set forth in subsection E1 of this section are met. Nothing in this section requires the city council to grant any extension of an approval period. Upon filing an extension of time application, the timing for expiration of the preliminary plat shall be tolled until final action on the application has been made by the City Council.
4. Projects with approved phasing plans do not need time extensions, so long as the construction of improvements do not cease for more than one year in any given phase.
5. In the event that the development of the preliminary plat is made in successive, contiguous segments through an approved phasing plan in an orderly and reasonable manner, and conforms to such segments, if submitted within successive intervals for one year, it may be considered for final approval without resubmission for preliminary plat approval.
F. Modifications of Approved Preliminary Plat: The administrator shall review the proposed modified preliminary plat and determine the processing based upon the scope of the change. The modified plat shall be classified in one of the following three categories and shall be processed as stated:
1. No material change: If the administrator determines that the modification(s) do not constitute a material change to the approved preliminary plat, the modified plat may be approved by the city council as a part of the final plat application. To determine no material change the administrator shall find that:
a. The modified preliminary plat is in compliance with all applicable codes, regulations and conditions of approval; and
b. The number of lots (not including common lots) have not increased; and
c. That the street configuration has not substantially changed.
2. Minor material change: If the administrator determines that the modification(s) constitute a minor material change to the approved preliminary plat, the modified plat shall be scheduled for decision by the City Council through a public hearing with public notice as required within Section 8-7-8, except that an additional neighborhood meeting shall not be required. To determine minor material change the administrator shall find that:
a. The modified preliminary plat is in compliance with all applicable codes and regulations; and
b. One or more of the conditions of approval are being requested to be deleted or modified; and
c. The number of lots (not including common lots) have not increased; and
d. The street configuration has not substantially changed.
3. Major material change: If the administrator determines that the modification(s) constitute a major material change to the approved preliminary plat, the modified plat shall be scheduled for recommendation by the Planning and Zoning Commission and decision by the City Council, both through the public hearing process with public notice and an additional neighborhood meeting as required within Section 8-7-8. To determine major material change the administrator shall find that the modified plat cannot meet the findings required for sections 1 or 2 above. (Ord. 566, 5-15-2007; amd. Ord. 647, 11-23-2010; Ord. 820, 12-10-2019; Ord. 827, 10-22-2020; Ord. 858, 10-26-2021)