(A) Application. The developer shall file with the County Clerk a complete subdivision application form and preliminary plat data as required by this chapter at least 14 days prior to the next regularly scheduled meeting of the planning and zoning meeting.
(B) Combining preliminary and final plats.
(1) The applicant may request that the subdivision application be processed as both a preliminary and final plat if all the following exists:
(a) The proposed subdivision does not exceed ten lots;
(b) No new street construction, dedication, or street widening is involved;
(c) No major special development considerations are involved, such as development in floodplain, hillside development, or the like; and
(d) All required information for both preliminary and final plat is complete and in an acceptable form.
(2) A request to combine both preliminary plat and final plat into one application shall be acted upon by the Commission.
(C) Content of preliminary plat. The contents of the preliminary plat and related information shall be in such a form as required by this chapter; however, any additional maps or data deemed necessary by the Commission may also be required. The developer shall submit to the Commission at least the following:
(1) Six 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 24 inches by 36 inches, and shall be drawn to scale of not less than one inch to 200 feet; and
(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, and 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 number(s) of the developer and the engineer or surveyor who prepared the plat;
(3) The name and address of all adjoining owners of property within 1,000 feet of the proposed subdivision 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 proposed subdivision;
(5) Scale, north arrow, 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 (two mile minimum radius, scale optional);
(9) The land use of the proposed subdivision and the adjacent land;
(10) Topography by contours related to USGS survey datum, shown on the same map as the proposed subdivision layout. Contour interval shall be such as to adequately reflect the character and drainage of the land but not greater than 20 feet;
(11) Location of water wells, streams, canals, irrigation laterals, buried main lines, 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 streets and platted rights-of-way, railroad 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) Instrument numbers of any recorded adjacent subdivision having common boundary with the tract proposed to be subdivided;
(15) Proposed street layout, including location, width, and proposed names of streets, alleys, crosswalks, and easements, connections to adjoining platted tracts;
(16) Lots showing the dimensions and numbers of each;
(17) A copy of any proposed restrictive covenants and/or deed restrictions;
(18) Any dedications to the public and/or easements, together with a statement of location, dimensions, and purpose of such;
(19) 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 Southeastern District Health Department as to the proposed water supply and sewage disposal system shall accompany the preliminary plat;
(20) Preliminary calculations and layout of the proposed system for storm water disposal and locations of outlets subject to approval of the Commission;
(21) Any additional information as required by the Commission after review of the pre- application;
(22) A written statement as to whether a variance will be requested with respect to any provision of this chapter, describing the particular provision, the variance requested, and the reasons therefor;
(23) A master plan for successive stage subdivisions; and
(24) If the proposed subdivision does not front on a county road, a recorded easement for access 60 feet wide to the subdivision will be provided.
(E) Fee. At the time of submission of an application for a preliminary plat, a fee of $100 plus $1 per lot shall be paid. There shall be no additional fee for the combining of the preliminary and final plats. Any review by professional engineers hired or retained by the county will be paid for by the developer before approval of the preliminary plat is granted.
(F) Certification. Upon receipt of the preliminary plat, and all required data as provided herein, the County Clerk 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’s agenda for consideration at the next meeting of the Commission.
(G) Agency review. The developer shall contact and obtain comments from the following agencies on the proposed development. These comments must be included with the application. Should any agency not respond within 21 days, a copy of the letter sent to the agency with a statement concerning the agency’s failure to respond will be submitted with the application:
(1) Franklin Soil and Water Conservation District telephone: (208) 852-0562. Note: this Agency will assist with the identification of soil types and suitability for development;
(2) Idaho Fish and Game Department telephone: (208) 232-4703. Note: this Agency will review the site for its natural wildlife habitat values;
(3) Sixth District Health Department telephone: (208) 852-0478. Note: this Agency will review their requirements with the developer. The Health Department’s approval is perhaps the single most critical review. The developer must have the Health Department’s review and comments prior to submitting the application to the county for its review. The county will not allow any plat to be recorded without first having the Health Department approve and sign the plat;
(4) The school district for the area should be contacted by all developers to establish the location of existing school bus stops or routes, and the possible need for additional stops;
(5) Appropriate Fire District or other fire suppression provider. The following information should be requested:
(a) An assessment of the general impact the proposed development will have on the agency’s ability to provide service;
(b) A list of the on-site facilities that must be provided in order to facilitate fire suppression service;
(c) An estimate of the agency’s cost to provide service; and
(d) An estimate of response time to the proposed development.
(6) The developer shall obtain comments as to the availability and anticipated costs of providing the following services:
(a) Utah Power and Light Company;
(b) Mountain Fuel Supply Co.;
(c) Mountain Bell;
(d) Cable T.V.; and
(e) Ditch company.
(H) Publication notification. The developer shall notify all adjoining property owners who appear on the list of property owners’ names and addresses. Proof of notification consist of a copy of the notification, the party to whom it was sent, and proof of receipt shall be submitted with the preliminary plat.
(I) Commission action.
(1) Hearing by Commission. Within 35 days following acceptance of the preliminary plat, the Commission shall review the preliminary plat and comments from concerned persons and agencies, to arrive at a decision on the preliminary plat.
(2) Commission’s findings. In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this chapter and at least the following:
(a) The availability of public services to accommodate the proposed development;
(b) The continuity of the proposed development with the capital improvement program;
(c) The public financial capability of supporting services for the proposed development;
(d) Offsite improvements that may be required to provide acceptable access or service to the project; and
(e) Other health, safety, or environmental problems that may be brought to the Commission’s attention.
(3) 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 within 35 days of the date the application was accepted by the County Clerk. The action, and the reason for such action, shall be stated in writing by the Commission and forwarded to the developer. 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 Commission for their information and record.
(4) Action on preliminary plat by Commission.
(a) The Commission shall act upon the report of the Commission within 35 days following receipt of the report. At the meeting of the Commission, it shall hear testimony of representatives of the Commission and any witnesses on its behalf, including interested citizens affected by the proposed subdivision.
(b) Upon conclusion of the meeting, the Commission shall base its findings upon the testimony presented before it and the report of the Commission, and within ten days 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 chapter and the Idaho Code. The time limits for acting on the preliminary plat as herein specified may be extended by mutual consent of the developer, Commission, and/or Commission.
(J) Approval period.
(1) Failure to file and obtain the certification of the acceptance of the final plat application by the Commission within one year after action by the Commission 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 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 to the approved preliminary plat, such segments, if submitted within successive intervals of one year, may be considered for final approval without re-submission of preliminary plat approval.
(K) Action on combined preliminary and final plat.
(1) If the Commission’s conclusion is favorable to the developer’s request for the subdivision to be considered as both a preliminary plat and a final plat, then a recommendation shall be forwarded to the Commission in the same manner as herein specified for a final plat.
(2) The Commission may recommend that the combined application be approved, approved conditionally, or disapproved.
(Ord. 95-3, passed 9-25-1995; Ord. 1995-3, passed 9-25-1995)