The following procedures shall apply to the filing for preliminary approval of any subdivision:
(A) Application: Any owner desiring to subdivide a piece of land within the City shall file with the City Engineer copies of the preliminary plat as required together with a letter requesting that said preliminary plat be placed on the Commission's agenda for consideration.
(B) Proof of Ownership Required: In making application said owner shall submit current title report or such other evidence as acceptable by the City Engineer.
(C) In the event said plat requires the rerouting of drainage course or irrigation facilities, the subdivider shall furnish documentary evidence of consent to the rerouting of such facilities by all parties interested in such uses or authorized representatives thereof.
(D) Submission of Preliminary Plat: The subdivider shall prepare a preliminary plat and such other supplementary material as may be required to indicate to the Zoning and Planning Commission the general objectives of the subdivision. The subdivider shall submit to the City, one copy of the preliminary plat of transparent material at least fourteen (14) days prior to the Zoning and Planning Commission meeting at which time the preliminary plat will be considered.
(E) Review by Agencies: The owner shall transmit one copy each of the preliminary plat to the following agencies for review and recommendations and may request recommendations from such other agencies as he may deem necessary:
1. Independent School District 372.
2. Payette County Zoning Commission.
3. Drainage district within platted area.
4. Idaho Power Company.
5. Intermountain Gas Company.
6. Mountain Bell Telephone Company.
7. Irrigation district appropriate to area being platted.
8. Southwest District 3 Health Department.
9. Fire Chief.
Written recommendation from all agencies listed above is requested within thirty (30) days, the approval of the preliminary plat will be considered after the recommendations have been received.
(F) Commission Action:
1. The Commission shall approve, approve conditionally, or disapprove the plat within thirty (30) days of the date of the regular meeting at which said plat is disapproved or approved conditionally, the reasons for such action shall be stated in writing, a copy of which, signed by the chairman of the Commission, shall be attached to one copy of the plat and transmitted to the applicant.
2. If no action is taken by the Commission at the end of said thirty (30) days, the plat shall be deemed to have been approved unless stipulation for additional time is agreed to by the applicant.
(G) Council Action:
1. The Council shall act upon the report within ten (10) days, or at its regular meeting next succeeding receipt of the report. The subdivider, at his request, shall be entitled to at least one continuance of the hearing until the next regular meeting of the Council.
2. At the hearing, the Council shall hear testimony of the subdivider and any witnesses in his behalf and the testimony of representatives of the Commission, and any witnesses in its behalf.
3. Upon conclusion of the hearing, the Council shall base its findings upon the testimony produced before it and, within seven (7) days, declare its findings. It may sustain, modify, reject or overrule by majority vote of the full Council any recommendations or rulings of the Commission, and may make such findings as are not inconsistent with the provisions of Idaho State law and/or of this Code.
4. The time limits for acting on the preliminary plat as herein specified may be extended by mutual consent of the subdivider and the Council or Commission, as the case may be. If no action is taken within the time limits, as so extended, the preliminary plat as filed shall be deemed approved, and it shall be the duty of the Clerk of the Council to certify such approval. (Ord. 115, 10-4-76, eff. 10-21-76)