A. Application:
1. After the approval or conditional approval of the preliminary plat, the subdivider may cause the total parcel, or any part thereof, to be surveyed and a final plat prepared in accordance with the approved preliminary plat. (Ord. 403, 7-21-1987)
2. Prior to the approval of any final plat that represents only a portion of the originally approved preliminary plat, the Commission and/or the Public Works Director may impose such conditions upon the final platting of said portions, phases, or divisions, as it or he deems necessary to assure the orderly development of said separately platted areas.
3. The subdivider shall file with the City Clerk a complete final plat application form, final plat, and other such related data as may be required by this Title or the City Clerk. The required number of copies of the application form, final plat, etc., shall be as established by the Administrator. (Ord. 403, 7-21-1987; amd. 1999 Code)
B. Content Of Final Plat Submittal: The contents of the final plat submittal and related information shall be in such form as may be required by the Commission; however, any additional maps, data, or information deemed necessary by the Administrator shall also be provided. The subdivider shall submit to the Administrator at least the following:
1. A final plat application form requesting approval of the final plat.
2. The appropriate number of copies of the final plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated in subsection C of this Section.
3. The appropriate number of copies of the proposed final plat shelving by color or symbol, the types of zoning that the subdivider desires for the area contained within the final plat.
4. Proof of current ownership of the real property included in the proposed final plat and such other information as the Administrator or Commission may deem necessary to establish whether or not all proper parties have signed and/or approved said final plat. (Ord. 403, 7-21-1987)
5. Subdivision street and utility improvement drawings prepared in accordance with the requirements hereinafter stated in subsection C of this Section and as may be required by the Public Works Director.
6. The annexation agreement or development agreement setting forth the contractual obligations and agreements between the City and the subdivider.
7. The names and addresses of all property owners within three hundred feet (300') of that property being considered as a final plat as such are found on record in the County Assessor's office. Also, the names and addresses of all other persons to whom the Commission deems it appropriate that a notice of public hearing should be sent.
C. Final Plat Requirements: The final plat shall be prepared in accordance with the requirements of Idaho Code section 50-1304. It shall be prepared in black opaque image upon stable base drafting film with a minimum base thickness of 0.003 inches, by either a photographic process using a silver image emulsion or by use of a black opaque drafting film ink, applied by mechanical or handwritten means. The drafting film and image thereon shall be waterproof, tear-resistant, flexible, and capable of withstanding repeated handling, as well as providing archival permanence. If ink is used on drafting film, the ink surface shall be coated with a suitable substance to assure permanent legibility. The drafting film must be of a type which can be reproduced by either a photographic or diazo process. Plats shall be eighteen inches by twenty seven inches (18" x 27") in size, with a three and one- half inch (31/2") margin at the left end for binding and a one- half inch (1/2") margin on all other edges. No part of the drawing or certificates shall encroach upon the margins. Signatures may be in reproducible black ink. The sheet or sheets which contain the drawing or diagram representing the survey of the subdivision shall be drawn at a scale suitable to ensure the clarity of all lines, bearings, and dimensions. In the event that any subdivision is of such magnitude that the drawing or diagram cannot be placed on a single sheet, serially numbered sheets shall be prepared and match lines shall be indicated on the drawing or diagram with appropriate references to other sheets. The required dedications, acknowledgements and certifications shall appear on one of the serially numbered sheets. (Ord. 403, 7-21-1987; amd. 1999 Code)
The plat shall be so drawn that the top of the sheet either faces north or west, preferably north, whichever accommodates the drawing best.
The plat shall be drawn on a scale not smaller than one inch equals one hundred feet (1" = 100') and shall clearly show all details. The workmanship on the finished drawing shall be neat, clearcut, and easily readable.
The following information shall be contained upon the final plat in the completeness, form, and accuracy limits set forth herein:
1. The name of the subdivision shall be set forth in bold letters at the top of the sheet. The title shall also include the name of the City, County, and State, and the designation of the section, township, and range in which the subdivision is located. The name of the subdivision must not bear the name of any other similar town or addition in the County, nor can the same word or words similar or pronounced the same, be used in making a name for said addition, except the words city, place, court, addition or similar words, unless the same is contiguous and laid out and platted by the same party or parties platting the addition bearing the same name, or a party files and records the written consent of the party or parties who platted the addition bearing the same name. All plats of the same name must continue the block numbers of the plat previously filed.
2. The north point and scale of the plat and date.
3. The boundaries of the subdivision must be accurately drawn and the proper bearings and dimensions of all boundary lines shall be clearly shown thereon. These lines should be slightly heavier than the street or lot lines.
4. The subdivision shall be tied to at least two (2) governmental survey corners, or in lieu of government survey corners, to monuments recognized by the City surveyor.
5. The location, width, and names of all existing or dedicated streets, alleys, or other public ways within or adjacent to the proposed subdivision.
6. The names and boundaries of all subdivisions which have been previously recorded and which are adjacent thereto, must be shown upon the plat. These adjacent subdivisions, subdivision streets, etc., shall be indicated by dotted lines to show their relationship to the plat offered for record. If adjoining land is unplatted, it should be indicated as such.
7. The location, dimension, and purpose of all easements.
8. The blocks shall be numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block. Areas to be excluded from platting shall be marked "Reserved" or "Not a Part" or "Exclusion".
9. Any property, other than streets or alleys, which is offered for dedication for public use shall be fully dimensioned by lengths and bearings, with the area marked, "Public" and showing the proposed use.
10. All tract or subdivision boundary lines, property lines, lot lines, street rights of way and center lines, alley lines, and other rights-of-way and easement lines; also the boundaries, bearings and dimensions of all tracts of land within the subdivision which are intended to be dedicated for the use of the public, shall all be delimited with accurate dimensions in feet and decimals thereof, and bearings in degrees, minutes, and seconds all to the accuracy limits set forth below:
a. All linear dimensions shall be calculated to the nearest one- hundredth of a foot (0.01'); and
b. All bearings shall be calculated to one second of arc. The radii, arcs, central angles, tangents, and chord lengths shall be shown for all curves.
11. The location of all monuments shall be shown. Monuments are required and shall be shown at all street center line point of curve and point of tangent locations, at the point of intersection of the center lines of intersecting streets, at all points along the exterior boundary of the subdivision where said boundary line changes direction, and at all lot corners. (Ord. 403, 7-21-1987)
12. All bearings shown on the final plat shall conform to City datum. All points requiring monuments as set forth above shall, if directed by the Public Works Director have the coordinates for said point calculated based on the State Plane Coordinate System, Rigby datum, and shown on said plat.
13. Certification by the registered land surveyor preparing the plat certifying to the accuracy of said survey and plat.
14. Certification by the owner, covering the dedication of all street and alley rights of way and sites for public use, and the granting of any easements shown on the plat. This shall include a notary public's acknowledgement of same.
15. Certification and signature of the City surveyor verifying that the accuracy of the survey and plat complies with the requirements of the laws of the State and the City.
16. Certification and signature of the Mayor and City Clerk, verifying that the subdivision has been approved by the Council.
17. Signature of the Public Works Director approving the subdivision.
18. Sanitary restriction by District Health Department.
D. Number Of Copies Of Final Plat:
1. An original and at least three (3) drafting film copies of the final plat shall be prepared. These shall be distributed as follows:
County Recorder - original plus one copy
Public Works Director - one copy
Subdivider's engineer - one copy
2. All copies shall meet the basic requirements set forth in subsection C of this Section.
E. City Surveyor Designated: The City shall choose and require a surveyor, legally qualified to perform land surveying in Idaho, to sufficiently check the plat and all computations thereon to determine that the requirements herein are met, and said surveyor shall certify such compliance on the plat. For performing such service, the City shall collect from the subdivider a fee as set forth in the current subdivision fee schedule adopted by the City.
F. Coordinate Computations Required: When the final plat is submitted to the City surveyor, a computation select showing the calculated coordinates on all points based on the State Plane Coordinate System, Rigby datum, shall accompany said plat.
G. Dedications Required; Hearing:
1. All streets, alleys, general street or utility easements and pedestrian walkway easements within the subdivision must be dedicated for public use.
2. Dedication of all other public parks or open space within the subdivision will be required in accordance with the Master Plan of the City. When this Plan calls for a larger amount of space than the subdivider can be reasonably expected to dedicate, the land needed beyond the subdivider's fair contribution is to be reserved for acquisition by the City, provided such acquisition is made within five (5) years from the date of approval.
3. The action of the Mayor and Council in exercising this power to compel dedication of public open space shall take place only after a public hearing has been held on the matter. Anyone aggrieved by the decision of the Mayor and Council may have the decision reviewed by a court of competent jurisdiction.
H. Monuments Required: The type and location of all monuments shall be as follows:
1. Monuments of concrete with a brass cap conforming to City standards, and installed to City standards shall be set at all street center line point of curve and point of tangent locations, and at the point of intersection of the center lines of intersecting streets.
2. All points on the exterior boundary of the subdivision where said boundary line changes direction shall be marked with monuments either of concrete (with a brass cap conforming to City standards), galvanized iron pipe not less than one inch (1") in diameter and thirty inches (30") long with a brass cap thereon, or iron or steel rods not less than five-eighths inch (5/8") in least dimension and thirty inches (30") long, or as otherwise approved by the Public Works Director.
3. Points shall be plainly and permanently marked upon all of the above-referenced monuments so that measurements taken therefrom may be acquired to an accuracy of one-hundredth of a foot (1/100'). These monuments and the points thereon shall be existing at the time of the City's final acceptance of the subdivision improvements.
4. All lot corners shall be marked with monuments of either galvanized iron pipe or iron or steel rods (at least 1/2 inch in diameter), and being at least two feet (2') long. These lot markers shall all be existing at the time of the City's final acceptance of the subdivision improvements.
I. Accuracy Requirements: All dimensions, both linear and angular, shall be staked in the field by an accurate control survey which must balance and close within a limit of one in fifty thousand (50,000).
J. Amended Plats: Amended plats must be filed as per an original final plat. In the event a final plat of a subdivision has been recorded and any changes thereto are contemplated which will change the subdivision materially, the subdivision upon which such changes are contemplated must be vacated and an amended plat filed in accordance with the regulations set forth in this Title. Any proposed changes in street or alley locations will require an amended plat. Any contemplated or actual selling of partial lots which have (or could have) the effect of increasing the number of building sites in excess of the number of platted lots shall require an amended plat. The Public Works Director shall determine when an amended plat is required.
K. Fees: All fees and costs associated with the City's review of the final plat, etc., shall be as set forth in the current subdivision fee schedule adopted by the City.
L. Administrator Action:
1. 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 a substantial difference in the final plat from that which was approved as a preliminary plat (or conditions which have not been met), the Administrator shall require that the final plat be resubmitted to the Technical Review Committee and Commission in the same manner as required in the preliminary plat process.
2. Acceptance Of Final Plat Application: If upon receipt of the final plat, the Administrator finds that all requirements provided for herein have been complied with, he shall approve the final plat application as being complete and shall sign and date same.
3. Submission To Commission: Upon his determination that the final plat is in compliance with the preliminary plat and that all conditional requirements have been met, the Administrator shall place the final plat on the Commission agenda within forty five (45) days from the date on which said acceptable final plat application was acknowledged by the Administrator.
M. Technical Committee And Agency Review: The Administrator shall transmit one copy of the final plat and other related documents submitted therewith, to such other departments and agencies as he deems necessary for their review and recommendations to ensure compliance with the preliminary plat approval and/or conditions of the preliminary plat approval. Such agencies may include the following:
1. City Departments (Police, Fire, Street, Water, Sewer, Parks, Sanitation, etc.);
2. Other governing bodies having joint jurisdiction;
3. The appropriate utility companies, irrigation companies or districts and drainage districts;
4. The superintendent of the school district; and
5. Other agencies having an interest in the proposed subdivision.
N. Technical Review Committee Recommendation:
1. If submitted to the Technical Review Committee by the Administrator, the Committee shall review the final plat from the viewpoint of the technical disciplines represented on the Committee.
2. The Technical Review Committee shall make a recommendation to the Commission on each final plat, on each special request that is made by the subdivider, and on any other items or features that the Committee feels are significant and appropriate. The Committee's recommendation shall include how deficiencies or shortcomings of the final plat might be overcome.
3. After review by the Technical Committee, the final plat shall be placed on the agenda of the next regular Commission meeting which is held not less than fourteen (14) days after said Technical Committee meeting.
O. Public Hearing Notice Required:
1. If the Planning and Zoning Commission is considering a final plat (or an unplatted area) and said areas are being proposed for initial zoning, or a zone change, or annexation, the Commission shall hold one or more public hearings as required under Idaho Code sections 67-6509, 67-6511 and 67-6525 regarding the zoning and annexation of said area. (Ord. 403, 7-21-1987; amd. 1999 Code)
2. At least fifteen (15) days prior to the required public hearing, a notice of the time, date, and place, a summary of the subject matter to be discussed, and where appropriate, a property description or map delimiting the area being considered, shall be published in the official newspaper of the City. The Commission shall also make available a "notice" to other newspapers, radio, and television stations serving the City for their use as a public service announcement. Following the Commission hearing, if the Commission makes or requires a material change from that published or presented, a further notice and hearing shall be provided before the Commission forwards its recommendation to the City Council.
P. Property Owner Notification:
1. If the area under consideration by the Commission is being considered for initial zoning (upon annexation to the City) or for a zoning change, the Commission shall, in addition to the public hearing notice set forth above, provide written notification (by mail) to all property owners and residents having property or residing within the area being so considered and also to all property owners and residents within three hundred feet (300') of the external boundaries of the land being so considered; also, any additional area that may be impacted by the proposed change as such area may be determined by the Commission. When such notice is required to two hundred (200) or more property owners or residents, alternate forms of notification (in lieu of mailed notice) which will still provide adequate notice to said property owners or residents may be specified and utilized by the Commission.
2. This notification shall include a brief summary of the subject matter to be discussed, a map showing the area being considered if such is deemed necessary by the Commission, and the time, date, and place of said meeting. This notification shall be mailed, or otherwise brought to the above-referenced property owners' and residents' attention, at least ten (10) days prior to the Commission meeting. The Administrator's failure to provide each individual property owner or resident with such individual notification shall not invalidate the Commission's action, provided the spirit of the procedure has been observed and followed.
Q. Commission Action:
1. Hearing By Commission: Within a reasonable time following the receipt of the Technical Committee's recommendation and within the time frame required for the required public hearing and property owner notification as set forth above, the Commission shall review the final plat, the report from the Technical Committee, comments from concerned persons and agencies, and the report from the Administrator to arrive at a decision on the final plat.
2. Commission's Findings: In determining the acceptance of the final plat of a proposed subdivision, the Commission shall consider at least the following:
a. The conformance of the subdivision with the Comprehensive Development Plan;
b. The conformance of the subdivision with the requirements of this Subdivision Title;
c. The availability of public services to accommodate the proposed development; and
d. Any other health, safety or environmental problems that may be brought to the Commission's attention.
3. Action On Final Plat: The Commission may approve, approve conditionally, disapprove, or table the final plat for additional information. Such action shall occur within thirty (30) days of the date of the regular meeting at which the plat is first considered by the Commission. The action, and the reasons for such action, shall be stated in writing, by the Administrator, and forwarded to the subdivider. Upon reaching a final decision to approve or disapprove a final plat, the Commission shall specify:
a. The ordinances, standards, and criteria used in evaluating the application;
b. The reasons for approval or disapproval; and
c. The recommended actions, if any, that the subdivider could subsequently take to obtain approval of the final plat.
The above action and information shall be stated in writing, by the Administrator, and forwarded to the subdivider. The Administrator shall also forward a statement of the action taken and the reasons for such action, together with a copy of the final plat to the Mayor and City Council for their information and action if such is required.
R. Appeals:
1. Any person or aggrieved party who appeared in person or who submitted written testimony before the Commission, or the subdivider himself, may appeal, in writing, the decision of the Commission relative to the final action taken by said Commission. Such appeal must be submitted to the City Council (via the Administrator) within twenty (20) days from the date of said Commission's final action. Upon receipt of an appeal regarding the action of the Commission, the City Council shall thereupon establish a hearing date to consider all information, testimony and the minutes of the Commission's meeting to reach a decision to uphold, conditionally uphold, or override the decision of said Commission. The City Council can only overrule the Commission's action by a favorable vote of one-half (1/2) plus one of the full City Council.
2. If the subject property (subject of the appeal) is scheduled to come before the City Council for final plat approval, annexation to the City, etc., then the above-referenced appeal and all related information shall be heard and presented to the City Council at said regularly scheduled hearing or meeting. Provided, however, that Council action on an appeal must take place within ninety (90) days from the date on which the Administrator, on behalf of the Mayor and/or Council, received said appeal. (Ord. 403, 7-21-1987)
S. Approval Period: The Commission's approval of the final plat shall be valid for only a period of two (2) years from the date of said Commission's approval, unless an extension of time is applied for by the subdivider and granted by the Commission. (Ord., 8-13-1991)
T. City Council Action:
1. Public Hearing Notice And Property Owner Notification: The requirements governing the need for a notice of public hearing and property owner notification as such are set forth in subsections O and P of this Section for the Commission (and Idaho Code sections 50-901, 67-6509, 67-6511, 67-6525) shall apply to all comparable Council meetings, hearings, and actions.
2. Appeals; Disapproval: If an appeal is brought before the City Council as set forth above and, after hearing all evidence and testimony associated therewith, the Council does not agree with the action taken by the Commission on said final plat, or if it, of its own volition, does not agree with the action taken by the Commission on the final plat, or if it does not agree with certain aspects or the entirety of said final plat, then the City Council may, by a favorable vote of one-half (1/2) plus one of the full City Council, remand said final plat back to the Commission for further consideration or it may disapprove and reject said final plat.
3. City Approval:
a. The final plat will be brought before the City Council for its final review and approval only upon a finding by the Administrator that all of the following are complete, available, and/or have been complied with:
(1) Final plat complete and approved by the Commission (or by the Council, if the Commission has overruled a disapproval of the Commission), the City surveyor, and the Public Works Director.
(2) The subdivision improvement drawings complete and approved by the Public Works Director.
(3) Annexation agreement or development agreement complete and approved by Public Works Director and City Attorney.
(4) Performance bond (including cost estimate of all improvements) complete and approved by the Public Works Director and City Attorney.
(5) Notice of public hearing advertised and property owner notifications written or otherwise properly taken care of as required by this Title and Idaho Code sections 67-6509, 67-6511, and 67-6525.
b. At a duly called regular or special meeting following receipt of the above-listed information and items from the Administrator, and after hearing the Commission's report, reports from any concerned City personnel, the subdivider's comments, and comments or information from any other concerned persons or agencies, the Council may approve, approve conditionally, disapprove, or table any action on the final plat and other related documents for further information, study, and consideration; however, final Council action on said final plat and related documents shall take place within forty (40) days of the date of that meeting at which the final plat was first considered. Upon approving or disapproving the final plat, the Council shall specify:
(1) The ordinance and standards used in evaluating the application;
(2) The reasons for approval or disapproval; and
(3) The actions, if any, that the subdivider could take to obtain approval of said plat.
U. Filing Of Final Plat And Related Documents: Upon approval of the final plat and related documents by the Council, the City surveyor or Public Works Director shall see that the same are all properly signed by the Mayor and City Clerk, and the District Health Department and shall, thereupon, take same to the County Recorder for recording. The original and all copies of the final plat shall receive the County Recorder's attestation of recording and shall be redistributed as set forth in subsection D of this Section.
V. Annexation And Zoning Ordinances: Concurrently with or immediately following the approval of the final plat and the adoption of an ordinance of annexation, the Council shall amend the Zoning Ordinance as such action may be required. (Ord. 403, 7-21-1987; amd. 1999 Code)