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A. These regulations are authorized by Idaho Code 50-1301 et seq., Idaho Code 67-6513 and Idaho constitution article XII, section 2, as amended or subsequently codified.
B. This title shall apply, in conformance with the Idaho Code, to all divisions of property when said property is located within the city and to all divisions of property when said property is located either within one mile of the boundaries of the city, as provided in Idaho Code 50-1306, or as authorized by agreement with Kootenai County within any area of city impact adopted pursuant to Idaho Code 67-6526.
C. There are four (4) types of plats or subdivisions provided for within these regulations. They are:
Preliminary plats;
Final plats;
Short plats; and
Planned unit developments. (Ord. 119, 5-3-1994)
The purpose of these subdivision regulations is to prescribe the procedures by which:
A. A plat is required when a lot, tract, or parcel of land is divided into two (2) or more parts for the purpose (whether immediate or future) of transfer of ownership or for building development, except as noted herein;
B. Proper provisions for streets and roads, including location, design and construction, are made;
C. Any plat is made and filed; and
D. These regulations shall not apply to the following divisions of land:
1. An adjustment of lot lines, as shown on a recorded plat, which does not reduce the area, frontage, width, depth or building setback lines of each building site below the minimum zoning requirements, and does not increase the original number of lots in any block of the recorded plat;
2. An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property;
3. The unwilling sale of land as a result of legal condemnation as defined and as allowed in the Idaho Code;
4. The acquisition of street rights of way by a public agency; and
5. Any lot or lots forming a part of a subdivision created and recorded prior to the effective date hereof. (Ord. 119, 5-3-1994; amd. Ord. 312, 7-2-2024)
This title is administered jointly by the city clerk and the city engineer, as directed by the city council. All plats shall be received and processed by the city clerk. All plats shall be reviewed by the city engineer for compliance with the technical standards set forth in this title. (Ord. 119, 5-3-1994)
A. Applications: All plats must be accompanied by the appropriate application form, number of plats and required fee.
B. Plat Submitted: A plat shall be submitted to the city clerk, who shall then forward the plat to the city engineer for review and comment. (Ord. 119, 5-3-1994)
C. Fees: In addition to the following filing fees, the subdivider shall pay to the city the actual cost incurred by the city engineer of checking, investigating and other matters required by law and these regulations.
1. Prior to any plat being accepted for processing hereunder, the subdivider shall pay a filing fee as set by resolution of the city council plus the cost of processing the same as estimated by the city clerk for every preliminary plat and short plat submitted to the city council for approval.
2. Prior to any development plan being accepted for processing hereunder as a planned unit development, the subdivider shall pay a filing fee as set by resolution of the city council plus the cost of processing the same as estimated by the city clerk for submittal to the city council for approval.
3. The subdivider shall pay a fee as set by resolution of the city council for any requested extension of a preliminary plat or plan approval submitted to the city council as provided herein. (Ord. 261, 7-16-2013)
A. No map, plat, replat or plan of a subdivision or planned unit development subject to the provisions of this title shall be recorded or received for recording in any public office unless or until that map, plat, replat or plan has been approved by the city engineer, city clerk and the city council and shall bear the certificate of final approval signed as required by Idaho Code 50-1308.
B. No plat of any subdivision or planned unit development shall be entitled to be recorded in the county recorder's office or have any validity until it shall have been approved as provided in this title. In the event any such unapproved plat is recorded, it shall be considered invalid, and the city council may institute proceedings to have the plat stricken from the records of Kootenai County, Idaho.
C. No owner or agent of the owner of any land located within a subdivision or planned unit development shall transfer, sell, agree to sell or negotiate to sell any land by reference to, exhibition of or by the use of a plan or plat of a subdivision or planned unit development before such plan or plat has been approved and recorded in the manner prescribed by this title. Any sale or transfer contrary to the provisions of this title is void. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of this title.
D. The building inspector shall not issue building or repair permits for any structure on a lot in a subdivision or planned unit development for which a plat has not been approved and recorded in the manner prescribed herein, nor issue a permit for the installation of water service and sewer connection upon any lot in a subdivision or planned unit development for which a plat has not been approved and recorded in the manner prescribed herein.
E. Further, no short subdivision required by this title shall be recorded by the county recorder until such short subdivision has received approval by the city council.
F. The city hereby defines its policy to be that the city, to the extent possible, will withhold all public improvements of whatsoever nature, including the maintenance of streets and the furnishing of sewerage facilities and water service, from all subdivisions or planned unit developments which have not been approved and from all areas dedicated to the public which have not been accepted by the city council in the manner prescribed herein. (Ord. 119, 5-3-1994)
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