A. Subdivision Approval Required: Any person desiring to create a "subdivision" as herein defined shall submit all necessary applications to the Administrator on forms as provided by the City. No final plat shall be filed with the County Recorder or improvements made on the property until such plat is approved by the health authority as to water and sewer systems. No final plat shall be filed with the County recorder or improvements made on the property until the plat has been acted upon following public hearings held by the council on a preliminary plat and a public meeting held by the council on final plats prior to council approval. No lots shall be sold until the plat has been recorded in the office of the county recorder.
B. Preapplication:
1. Application: The developer shall submit a preapplication to enable the administrator to review and comment on the proposed subdivision. The preapplication shall include at least one copy of a sketch plan. The sketch plan shall include the entire developmental scheme of the proposed subdivision, in schematic form and include the following:
a. The general layout and approximate dimensions of streets, blocks and lots in sketch form;
b. The existing conditions and characteristics of the land on and adjacent to the proposed subdivision site; and
c. The areas set aside for schools, parks and other public facilities.
2. Fee: None required.
3. Administrator Action: The administrator shall notify the developer within thirty (30) days from the date of receiving an acceptable preapplication as to the general conformance or nonconformance of the proposal with this title, and shall provide the necessary forms and checklists, as well as the additional following considerations:
a. Compliance of the proposed development with existing local or state policies, goals and objectives or comprehensive plans;
b. Determination if additional special permits or ordinance conflicts, such as rezone, special development permit or variance are needed and the manner of coordinating such permits;
c. Consideration of any unique environmental features or hazardous concerns that may be directly or indirectly associated with the subject property, such as areas that have been designated as areas of critical environmental concern, unique plant or animal life and floodplains; and
d. Consideration of other local and state agencies that the developer should contact before preparing a preliminary plat.
e. The city may require the developer to mitigate the impact the subdivision will have on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision.
C. Preliminary Plat:
1. Application: The developer shall file with the administrator a complete subdivision application form and preliminary plat date as required in this title.
2. 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 exist:
a. The proposed subdivision does not exceed ten (10) lots;
b. No new street dedication or street widening is involved;
c. No major special development considerations are involved, such as development in floodplain or hillside development; and
d. 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 council after receiving a recommendation by the administrator.
3. Content of Preliminary Plat: The contents of the preliminary plat and related information shall be in such a form as stipulated by the council; however, additional maps or data as deemed necessary by the administrator may also be required.
The developer shall submit to the administrator at least the following:
a. Nine (9) 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 be drawn to a scale of not less than one-inch equals one hundred feet (1" = 100'), shall show the drafting date and a north arrow.
b. A written application requesting approval of the preliminary plat.
c. 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.
d. To ensure adequate water supply to each new subdivision/development, all subdivision/development preliminary plat applications to the city will include water modeling results which indicates the new subdivision/development can be developed in a manner that will provide adequate water supply for domestic water and fire protection and the new subdivision/development will not adversely affect the city's ability to continue to provide adequate domestic water and fire protection to the existing water system users.
e. To ensure adequate sewer treatment service by the city, each subdivision/development preliminary plat application to the city shall include sewer service treatment modeling results which indicates the new subdivision/development can be developed in a manner that will provide adequate sewer service and sewer treatment capacity by the city and the new subdivision/development will not adversely affect the city's ability to continue to provide adequate sewer treatment capacity to the existing sewer system users.
f. The cost of the water and sewer modeling will be the responsibility of the developer.
4. Requirement of Preliminary Plats: The following shall be shown on the preliminary plat or shall be submitted separately together with any other pertinent information requested by the administrator:
a. The name of the proposed subdivision, which does not duplicate the name of any other subdivision in Twin Falls County.
b. The names, addresses and telephone numbers of the developers, the engineer or surveyor who prepared the plat and any other professional persons involved in the subdivision.
c. The names and addresses of all surrounding property owners both adjacent to and beyond any public thoroughfares within three hundred feet (300') from the subject property on record in the county assessor's office.
d. The legal description of the subdivision by section, township and range.
e. A statement of the intended use of the proposed subdivision, such as: Residential single-family, two-family and multiple housing, commercial, industrial, recreational or agricultural and a showing 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.
g. A vicinity map showing the relationship of the proposed plat to the surrounding area (covering at least a four (4) square mile area).
h. The land use and existing zoning of the proposed subdivision and the adjacent land.
i. Existing streets, street names, rights of way and roadway widths, including adjoining streets or roadways, along with type of surface and the existence of any curbs, gutters and/or sidewalks.
j. Approximate location and length of the boundary lines of each lot, parcel or site and the proposed lot and block numbers. Approximate acreage enclosed by subdivision.
k. Contour lines, shown at five-foot (5') intervals where land slope is greater than twenty percent (20%) and at two-foot (2') intervals where land slope is twenty percent (20%) or less, referenced to an established bench mark of the city vertical control system, including its location and elevation.
l. A site report and/or the approval of the appropriate health district if individual wells or septic tanks are proposed.
m. Location, size and direction of flow of all existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainage, bridges, culverts, water mains, fire hydrants, gas lines, power, telephone and streetlights. If utilities are not on or adjacent to the property, indicate direction and distance to nearest ones that can serve the subdivision.
n. A copy of any proposed restrictive covenants and/or deed restrictions.
o. Any dedications to the public and/or easements both public and private, together with a statement of location, dimensions and purpose of such on both the subject property and surrounding properties.
p. Any additional required information for special developments as specified in this title.
q. A statement as to whether or not any variance will be requested with respect to any provision of this title describing the particular provision, the variance requested and the reasons therefor.
r. Location, right of way width and name of all public or private trafficways, the location, right of way width and use of any proposed public or private pedestrian ways or special ways, and a statement of intended improvements to be made thereto.
s. A statement as to what improvements will be made to existing utilities and what other on site improvements will be made.
t. Approximate lot, corner and easement locations of all adjacent subdivisions.
u. Location, size and direction of flow of all drainage, irrigation, sewer and water line improvements that will be part of the subdivision development.
v. Additional drainage requirements may be requested by the administrator.
5. Fees: A fee for processing and checking a preliminary plat shall be due at the time upon submittal of the preliminary plat to the administrator. The amount of the fee shall be established by resolution of the council.
6. Administrator Review:
a. Certification: Upon receipt of the preliminary plat, and all other required data as provided for herein, the administrator (after review by the city engineer) shall schedule a preapplication meeting with appropriate staff. After the results of the preapplication meeting have been addressed and appropriate corrections made to the preliminary plat, the administrator shall certify the application as complete and shall affix the date of application acceptance thereon. The Administrator shall, thereafter, place the preliminary plat on the agenda for consideration at the next regular meeting of the council. The administrator shall deliver one copy of the preliminary plat to each member of the council at least five (5) days prior to the meeting for plat consideration.
b. Review by Other Agencies: The applicant shall refer the preliminary plat and application to as many agencies as deemed necessary by the administrator. 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. Administrator Review: Upon expiration of the time allowance for department and agency review, the administrator shall prepare a recommendation to the council.
7. Notification to Property Owners: The administrator shall certify that he/she has notified all adjoining property owners of the proposed subdivision. Such written notification shall be sent by first class mail at least fifteen (15) days prior to the council meeting.
8. Council Action:
a. Preliminary Plat Review: The council shall review the preliminary plat, comments from the concerned persons and agencies and the report from the administrator to arrive at a decision on the preliminary plat.
b. Council's Findings: In determining the acceptance of a proposed subdivision the council shall consider the objectives of this title and at least the following:
(1) The conformance of the subdivision with a comprehensive plan;
(2) The availability of public services to accommodate the proposed development;
(3) The continuity of the proposed development with the capital improvement program;
(4) The public financial capability of supporting services for the proposed development; and
(5) The other health, safety or environmental problems that may be brought to the council's attention.
c. Action on Preliminary Plat: The council may approve, conditionally approve, disapprove or table for additional information when acting on the preliminary plat. If tabled, approval or disapproval shall occur at the regular meeting following the meeting at which the plat is first considered by the council. The action and the reasons for such action shall be stated in writing by the administrator and forwarded to the applicant. The administrator 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 its information and record. Upon granting or denying a preliminary plat the council shall specify:
(1) The regulations and standards used in evaluating the application;
(2) The reasons for approval or denial; and
(3) The actions, if any that the applicant could take to obtain plat approval.
d. Developer's Agreement: Prior to final approval and filing of the plat, the developer shall enter into a subdivision development agreement with the city which will set forth any commitment or agreement to comply with any conditions set by the city and will set forth any commitments that the city has made to the developer.
e. Action on Combined Preliminary and Final Plat: If the Administrator's conclusion is favorable to the developer'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 council may recommend that the combined application be approved, approved conditionally or disapproved.
9. Approval Period:
a. Failure to file and obtain the certification of the acceptance of the final plat application by the administrator 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 developer and granted by the council.
b. In the event that 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 without resubmission for preliminary plat approval.
D. Final Plat:
1. Application: After the approval or conditional approval of the preliminary plat, the developer may cause the total parcel, or any part thereof, to be surveyed, and a final plat prepared in accordance with the approved preliminary plat. The developer shall submit to the administrator nine (9) copies of the final plat.
2. 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 and shall be drawn at such a scale and contain lettering of such size as to enable the same to be placed on one sheet of eighteen inch by twenty seven inch (18" x 27") drawing paper, with no part of the drawing nearer to the edge than one inch (1"). The reverse of said sheet shall not be used for any portion of the drawing, but may contain written matter as to dedications, certifications and other information. If, because of the size or complexity, required information cannot be shown, additional sheets may be used provided they conform to this chapter. The final plat shall include at least the following:
a. A written application for approval of such final plat as stipulated by the council.
b. Proof of current ownership of the real property included in the proposed final plat.
c. Such other information as the administrator or council may deem necessary to establish whether or not all proper parties have signed and/or approved said final plat.
d. Conformance with the approved preliminary plat and meeting all requirements or conditions thereof.
e. Conformance with all requirements and provisions of this title.
f. Acceptable engineering practices and local standards established by the administrator.
3. Fees: At the time of submission of an application for a final plat, a fee as established by resolution of the council shall be paid.
4. Administrative Review:
a. Acceptance: Upon receipt of the final plat and compliance with all the requirements as provided for herein, the administrator, after review by the city engineer, shall certify the application as complete and shall affix the date of acceptance thereon.
b. Resubmittal of Final Plat: The administrator shall review the final plat for compliance with the approved or conditionally approved preliminary plat. If the administrator determines that there is substantial difference in the final plat than that which was approved as a preliminary plat or conditions which have not been met, the administrator may require that the final plat be submitted to the council in the same manner as requested in the preliminary plat.
c. Submission to The Council: Upon the determination that the final plat is in compliance with the preliminary plat and all conditional requirements have been met, the administrator shall place the final plat on the council agenda at the next regular meeting.
5. Agency Review: The applicant must transmit one copy of the final plat, or other documents submitted, for review and recommendation to the departments and the agencies as administrator deems necessary to ensure compliance with preliminary approval and/or conditions of preliminary approval. Such agency review shall also include the construction standard of improvements, compliance with health standards, the cost estimate for all improvements and the legal review of the performance bond.
6. Council Action: The council, at its next meeting following receipt of the administrator's report, shall consider comments from concerned persons and agencies to arrive at a decision on the final plat. The council shall approve, approve conditionally, disapprove or table the final plat for additional information. A copy of the approved plat shall be filed with the administrator. Upon granting or denying the final plat the council shall specify:
a. The regulations and standards used in evaluating the application;
b. The reasons for approval or denial; and
c. The actions, if any, that the applicant could take to obtain approval.
7. Plans and Specifications: Prior to recording the final subdivision plat, the developer shall submit to the administrator checked copies of the final plans and specifications for streets, water, sewer, a master utility plan and other public improvements to be constructed.
All plans and specifications shall have sufficient detail, written information, vertical and horizontal dimensions to accurately locate the proposed improvements in the field and determine their relationship to other improvements. Such standards shall be established by the zoning administrator, public works supervisor, and city engineer.
a. Financial guarantee of improvements;
b. An approved weed management plan;
c. Street and utility plan approval from the Idaho Department of Transportation, as required;
d. Street and utility plan approval from the Filer Highway District, as required;
e. Gravity irrigation system plan approval from the Twin Falls Canal Company, as required;
f. An executed improvement agreement for developers;
g. A recorded conveyance to the city of Filer for water shares equal to one (1) share per acre for new residential developments (two (2) acres or larger), and such other number of shares as agreed to between the city and the developer.
8. Fees: At the time of submittal of plans and specifications a fee to defray costs and expenses of plan checking as provided for by resolution of the city council shall be paid.
9. Approval Period: Final plat shall be filed with the county recorder within one year after written approval by the council; otherwise such approval shall become null and void unless prior to said expiration date an extension of time is applied for by the developer and granted by the council.
10. Method of Recording: Upon approval of the final plat by the council, posting of surety bond or other acceptable guarantee and the inclusion of the following signatures on the final plat, the developer shall submit the final plat to the county recorder for recording:
a. Certification and signature of the city council verifying that the subdivision has been approved;
b. Certification and signature of the city clerk, if required, and the city engineer verifying that the subdivision meets the city requirements and has been approved by the council; and
c. Certification of the sanitation restrictions on the face of the plat per Idaho Code section 50-1326. (Ord. 380, 9-11-79; amd. 1994 Code, Ord. 624, 10-20-2020)