A. Application: After the approval or conditional approval of the preliminary plat and construction of all required improvements, the subdivider shall cause the subdivision to be surveyed and a final plat prepared in accordance with the approved preliminary plat and title 50, chapter 13, Idaho Code. The subdivider shall submit to the administrator the following:
1. Required number of sets of the final plat, which quantity shall be determined by the administrator.
2. Three (3) sets of "as constructed" drawings and specifications, certified as complete by the project engineer of all public streets, water, sewers, sidewalks and all utilities and required improvements.
3. A current title report for the land to be subdivided.
4. When submitted to the city clerk for signature, the final plat shall bear all required certificates, acknowledgments and signatures, except those of the city and county recorder.
B. Content Of Final Plat: The final plat shall include and be in compliance with all items required under title 50, chapter 13 of the Idaho Code. The reverse of said sheet shall not be used for any portion of the drawing. The final plat shall include at least the following:
1. Tract boundary lines, property lines, lot lines, street right of way and center lines, building envelopes as required on the preliminary plat, lot area of each lot, boundaries of floodplain and floodway, all with bearings and accurate dimensions in feet and decimals thereof, in degrees and minutes and radius, arcs, central angles, tangents, and chord lengths of all curves to the accuracy required by Idaho Code 55-1911;
2. Names and locations of all adjoining subdivisions, tax lots and parcels;
3. Location, dimension, and purpose of all easements, public and private;
4. The lots numbered consecutively throughout each block;
5. The outline of any property other than a street, alley, or easement which is offered for dedication to public use, fully dimensioned by distances and bearings with the area marked "Dedicated To The City Of Fairfield For Public Use" or similar language, approved by the council, together with any other descriptive language with regard to the precise nature of the use of the land so dedicated;
6. The title shall include the name of the subdivision, city, county and state, and the location and description of the subdivision referenced to section, township, and range;
7. Scale, north arrow, and date;
8. Location, width, names of all existing or dedicated streets, and other public ways within or adjacent to the proposed subdivision;
9. A provision in the owner's certificate referencing the county recorder's instrument;
10. Instrument number and applicable reference to where the condominium declaration(s), articles of incorporation of homeowners' association, declarations of covenants, conditions and restrictions or similar documents, if any, governing the subdivision are recorded;
11. Certificate by registered surveyor preparing the map certifying to the accuracy of surveying plat;
12. Certification of owner(s) of record and all holders of security interest(s) of record with regard to said property;
13. Certification and signature of the city clerk verifying that the subdivision has been approved by the council;
14. Notation of any additional restrictions or conditions imposed by the council on the real property;
15. Sanitary restrictions placed upon the lots by the state.
16. Other notations reasonably required by the council.
C. Fee: At the time of submission of the application for a final plat, a nonrefundable application fee shall be paid based on the fee schedule approved by resolution of the city council. The subdivider shall also pay any professional fees, including engineering, surveying, legal or other fees, incurred by the city in reviewing the application.
D. Commission Review:
1. Commission Action: The commission shall be required to act on a final plat only if the council finds it necessary to remand said final plat to the commission for a recommendation.
E. Council Action: The final plat shall be placed upon a regular council meeting agenda. The council shall hold a duly noticed public hearing on the final plat application pursuant to the notice and hearing requirements as required by Idaho Code 67-6512. The final plat shall conform to the approved preliminary plat, all requirements of this chapter, all conditions placed upon preliminary plat by the commission and council, and all requirements of Idaho law. The council shall approve, conditionally approve or deny the final plat and shall make written findings of fact and conclusions consistent with law and this chapter with regard thereto. The findings of fact and conclusions of law shall specify:
1. The ordinance and standards used in evaluating the application.
2. The reasons for approval, conditional approval or disapproval.
3. The actions, if any, that the applicant could take to gain approval of the proposal.
F. Method Of Recording: Upon approval of the final plat by the council, the subdivider's prepayment of recording fees, and the inclusion of the following signatures on the final plat to the county recorder for recording: (Ord. 259A, 11-19-2015)
1. Certification and signature of the council verifying that the subdivision has been approved;
2. Certification and signature of the city engineer verifying that the subdivision meets the city requirements and has been approved by the council; and
3. Certification and signature of local or state health agency verifying compliance with all health requirements. (Ord. 165, 7-30-1992; amd. Ord. 259A, 11-19-2015)
Two (2) copies of the final plat as approved by the council and signed by the city clerk shall be retained by the city.
G. Conditions: The council may attach conditions to the approval of a preliminary plat application or a final plat application. The subdivider has the duty of compliance with such reasonable conditions laid down by the commission or council for design, dedication or construction of on site or off site improvements, and restrictive use of land, or other reasonable conditions in order to conform with the requirements of this chapter or other ordinances, or the physical and economic development of the city, or the safety and general welfare of future lot owners within said subdivision, neighboring properties, or the public at large.
H. Acceptance Of Dedications: Approval of the final plat by the council shall constitute acceptance of all dedications for public streets, rights of way, easements, and other lands dedicated for public purpose or use as shown thereon. As a condition precedent to the acceptance of any streets or required improvements, the council shall require that the subdivider install said improvements in accordance with the city of Fairfield or other applicable standards.
I. Improvement Guarantees: In lieu of the actual installation of public improvements or corner monuments required by this title and/or Idaho Code title 50, chapter 13 prior to signing of the final plat, the council may permit the subdivider to provide a financial guarantee. The amount shall be not less than one hundred fifty percent (150%) of the estimated cost of improvement construction as determined by the registered engineer on the project and shall be verified by the city engineer. The subdivider shall pay any city engineer review fees and provide a definite timetable for completion of said improvements. The financial guarantee shall provide for forfeiture to the city upon the failure by the developer to construct any or all of the improvements according to the approved schedule. (Ord. 259A, 11-19-2015)