A. Application Of Fees: Any person who undertakes a "short subdivision", as defined in section 10-1-1 of this title, shall submit to the planning and zoning commission a completed application form and checklist provided by the administrator or person designated by council, accompanied by a nonrefundable filing fee in an amount to be established by resolution of the city council.
The applicant shall further be responsible for development, filing, and engineer review fees and costs to cover costs incurred during the platting of any development or subdivision, said fees to be established by resolution of the city of Spirit Lake.
B. Plats And Plans Required: The drawing, map, and accompanying material submitted with an application for short subdivision approval shall include, at a minimum, the following information:
1. The name, address, and telephone number of the applicant or corporate entities and all property owners, if different than the applicant. All corporations shall furnish a copy of the last annual corporation report as filed with the secretary of state.
2. A legal description of the entire area being subdivided, proof of ownership, and a legal description for each of the proposed lots.
3. The size of each lot indicated by square footage computation, sufficiently accurate to determine that each lot meets the minimum established lot size requirements.
4. A copy of any existing or proposed restrictions or covenants.
5. A record of survey conforming to the requirements of Idaho Code, sections 55-1901 through 55-1910 shall be prepared and contain the following additional information:
a. All existing buildings and structural improvements and public facilities.
b. Space for approval by the mayor and city engineer.
c. A tie to two (2) city of Spirit Lake survey monuments.
C. Distribution Of Plats And Plans: Upon receipt of a completed application for short subdivision approval, the applicant shall forward copies of the proposal to the following agencies for review:
1. Appropriate school district;
2. Panhandle health district;
3. Appropriate fire protection official; and
4. Other appropriate agencies as recommended by the city.
The application shall not be complete until written responses are received by the administrator, or person designated by city council.
D. Planning And Zoning Commission Decisions: After receipt of a complete application, the planning and zoning commission shall consult the city engineer and then shall recommend that the city council approve or disapprove the proposed short subdivision and shall immediately notify the city council, in writing, of such decision. If an application is recommended to be disapproved, the planning and zoning commission shall cite the specific reasons for such recommendation.
E. Factors To Be Considered: The planning and zoning commission shall recommend approval of a short subdivision when all of the following conditions exist:
1. The proposed lots meet all established lot size and width requirements;
2. Public water supply and sewage disposal are available;
3. All proposed lots abut an existing and maintained public street;
4. The decision to approve a short subdivision will not be contrary to the public interest, health and welfare.
Upon receipt of the planning and zoning commission recommendation, the city council shall consider such recommendation and all other relevant evidence to determine that the conditions detailed in this subsection E exist. The city council shall then approve or disapprove the proposed short subdivision accordingly and within seven (7) days notify the applicant, in writing, of such decision. If an application is disapproved, the city council shall cite the specific reasons for disapproval.
F. Filing And Recording: Upon approval of short subdivision, the applicant shall transmit a copy of the approved application and map to the county recorder for filing. The applicant shall pay all recording costs required by the county recorder. The applicant shall forward one reproduced mylar original, one CAD digital drawing may be required, four (4) print copies, and one copy of the recorded short subdivision to the city clerk for permanent files at the city clerk's office, three (3) copies for administration and planning and zoning.
G. Appeals: Any decision of the city council may be appealed to the city council by the applicant or any interested party within thirty (30) days following the issuance of the decision. The notice of appeal shall be on a form provided by the city clerk and shall be filed with the city clerk.
H. City Council Action: The city council shall, at the next regularly scheduled meeting following the receipt of an appeal, consider all matters pertaining to the contested decision, together with all other evidence deemed appropriate and shall affirm or reverse the original decision or shall remand the matter to the planning and zoning commission for further investigation. If the matter is remanded to the planning and zoning commission, the commission shall act on it at the next regularly scheduled meeting, and shall forward their recommendations to the city council for action.
I. Time Limit: Land within a short subdivision, the short plat of which has been approved within five (5) years immediately preceding, may not be further divided unless the application complies with the long plat procedures.
J. Enforcement: No person shall build on, sell, lease, or transfer any land subject to the requirements of this title until a short subdivision has been approved and filed. Violation of any of the provisions of this title or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense. The landowner, tenant, subdivider, builder, public official, or any other person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense and be liable for damages against the city of Spirit Lake, including attorney fees. Nothing herein contained shall prevent the city council or any other public official or private citizen from taking such lawful action as is necessary to restrain any violation of this title or the Idaho Code, or to prevent the same.
Further, no short subdivision required by this title shall be recorded by the county recorder until such short subdivision has received approval by the planning and zoning commission and city council. No public board, agency, commission, official or other authority shall authorize any improvements on any land in violation of this title.
K. Additions Or Deletions: The commission may make additions or deletions to the short plat application and checklist in accordance with city standards. (Ord. 427, 7-30-1998)