The purpose of the simple subdivision regulation is to provide a simplified and abbreviated procedure for the platting of small and uncomplicated subdivisions. It may be used when the proposed subdivision will consist of not more than four (4) parts total.
After a simple subdivision application is filed, adjacent land in the same ownership must follow the regular platting procedure if they are to be subdivided, and must include lots already subdivided to indicate how all lots fit into the original parcel.
Land may be subdivided under the simple subdivision regulations provided that no part of said proposed subdivision shall have been previously processed under the simple subdivision regulations within the past ten (10) years. Simple subdivisions shall not be granted within the boundaries of a previously recorded plat.
New roads or easement access within the subdivision must meet the minimum design standards set forth in this title in addition to standards adopted by the highway district. New roads rights of way shall be dedicated to public use.
A. Application: The subdivider shall file with the administrator a completed subdivision permit application, required fees and supporting data as required, at least fifteen (15) days prior to the commission meeting where the application for simple subdivision will be considered.
1. Required Supporting Data:
a. Sketch Plan: A sketch plan, legal description and a vicinity map showing the relationship of the proposed subdivision to the surrounding area extending one-half (1/2) mile minimum from subdivision boundaries.
b. Written Statement: A written statement that the proposed source of water meets state of Idaho water quality standards for a public water supply; or, if no source of water is proposed, a written statement that there is no known or proposed source of water on the land being subdivided.
c. Adjoining Property Owners: The name and address of each adjoining property owner, whether or not separated by a public right of way, as shown in the county assessor's records.
d. Hillside Subdivisions: For hillside subdivisions, the information specified in section 16.32.030 of this title.
e. Agency Review: The administrator will transmit one copy of the application and supporting data to the departments and agencies having jurisdiction or interest in the development for review and comment. Such departments and agencies shall have fifteen (15) days from the date of document transmission within which to provide their written response. Permits required by other agencies shall be a condition of the subdivision permit. No subdivision permit will be issued until required agency permits are received.
Failure to receive jurisdiction response shall not be the basis for denying plat approval.
B. Administrator Action: Upon the determination that the proposed subdivision is in compliance with the requirements of this title, land use or zoning ordinance and comprehensive plan, the administrator shall place the application on the commission agenda for action at the next regularly scheduled meeting. The administrator shall refer the simple subdivision application to as many agencies as deemed necessary.
C. Hearing Procedures: The commission will hold a public hearing of the application, supporting data, the report of the administrator and any comments on the proposed subdivision received from other public agencies. The commission may request review by any qualified professional person, and may conduct, or cause to be conducted, investigations, tests and site evaluations as it deems necessary to verify the information contained in the application or shown on the plat. The applicant grants the commission or its agent permission to enter upon the land in question for these purposes by virtue of the subdivision application.
Within forty five (45) days after the public hearing, the commission will approve, approve subject to modifications as it deems necessary, or deny the application. If conditions are placed on a simple subdivision approval, all conditions must be met within one year of the original public hearing. Approved applications shall be referred to the board for review and final approval.
D. Commission's Findings: In determining the acceptance of a proposed simple subdivision, the commission shall consider the standards set forth in this title and at least the following:
1. Conformance of the subdivision with the comprehensive plan.
2. Availability of public services to accommodate the proposed development.
3. Public financial capability of supporting services for the proposed development.
4. Other health, safety or environmental problems that may be brought to the commission's attention.
If simple subdivision approval is denied, the applicant will be provided with a written statement from the administrator containing the specific reasons for denial. The applicant may reapply for simple subdivision approval provided that all deficiencies that caused the original application to be denied have been substantially corrected.
E. City Council Action: After approval by the commission, the simple subdivision application will be scheduled for action by the city council at its next available meeting date. The city council will review the recommendation of the commission and comments from the concerned persons and agencies. Within thirty (30) days of the date of the city council meeting at which the simple subdivision application is first considered, the city council shall approve, approve conditionally, disapprove or table the simple subdivision for additional information.
F. Compliance With Ordinance: Application for a simple subdivision shall be considered acknowledgment by the applicant that the proposed subdivision will comply with the design standards and all other relevant provisions of the impact area and Kamiah city subdivision and Lewis County zoning and development ordinances.
G. Fee: The simple subdivision application fee as established by the city council shall be paid by the subdivider to the administrator. Proof of such payment shall be submitted prior to the plat being placed on the agenda for the commission meeting.
H. Appeals: The subdivider, or any other person or aggrieved party who appeared in person or writing before the commission may appeal the commission's decision by submitting said appeal in writing to the Kamiah city council within fifteen (15) days from such commission action. (Ord. 2000-2 Art. III §4, 2000)