A. Applicability: Every division of land for the purpose of sale, lease, or transfer, or building development into five (5) or more lots, tracts, or parcels, within the incorporated limits of the city of Spirit Lake shall proceed in compliance with this chapter. All exemptions as set out in subsections 10-2-1A through D of this title, shall be applicable to all long plats as set out herein.
B. Preapplication Procedure: After submission of a completed application for preliminary plat approval, a subdivider shall meet with the administrator to discuss the scope and objectives of the proposal. This discussion shall focus on design possibilities and the standards and development criteria that will be imposed by the city and the development impact on the city.
C. Application And Fees: Any person who undertakes a "subdivision" as defined by section 10-1-1 of this title shall submit to the administrator a completed application and checklist for preliminary plat approval on a form provided by the administrator. Each application shall be accompanied by a nonrefundable fee and a deposit to cover projected publication and mailing costs in amounts to be established by resolution of the city council.
The applicant shall be responsible for fees to cover costs incurred during the platting of any development or subdivision; said fees shall be established by resolution of the city council.
Each applicant shall further be liable for fees incurred for time spent by the city engineer and/or public works director for supervision, inspections of work, or plan review completed during the design and construction phases, including preliminary and final platting, of any development or subdivision project. The amount of fees assessed shall be established by resolution of the city of Spirit Lake.
Each application shall also be accompanied by a title report from a title insurance company authorized to do business in the state of Idaho, showing ownership of the land sought to be subdivided and the interest of the subdivider therein.
D. Plats And Plans Required: Subdividers shall submit a completed application, to include checklists, along with eighteen (18) copies of any proposed preliminary plat. In addition to showing the proposed general layout of roads, alleys, lots, blocks and other elements of the subdivision, and restrictive covenants applicable thereto, said preliminary plat shall show the proposed location and size of water and sewer lines, including adjoining water and sewer lines. It being understood that detailed plans and specifications will be required for city review and approval at the time of the submission of the final plat, or prior to construction of the improvements, whichever occurs first. A preconstruction meeting will be required with the administrator and city engineer.
E. Adequacy Of Plats And Plans: Following submission of an application for preliminary plat approval, the administrator, and/or engineer shall review the application and the required plats and plans to determine that the preliminary plat meets the standards set forth in this title and contains sufficient information to furnish a basis for approval or disapproval. If the administrator determines that the application and checklist are complete and sufficient, a file number and date of acceptance shall be placed on the application. The commission shall then establish a date and time for a public hearing on the accepted proposal application at the next regular planning and zoning meeting. The public hearing shall be held not less than twenty (20) days from date of acceptance thereof and shall coincide with a regular meeting of the planning and zoning commission. If the information submitted is insufficient, the commission shall return the application and materials to the applicant with written comments outlining any deficiencies that must be corrected.
F. Distribution Of Plats And Plans: Upon the acceptance of the application, the applicant shall forward copies of the application and plat to the following parties for comments:
1. Power, telephone and cable agencies;
2. Panhandle health district;
3. Appropriate fire protection official;
4. Superintendent of the school district;
5. Spirit Lake ambulance;
6. Other appropriate agencies, as deemed appropriate by the administrator and/or city engineer;
7. Eighteen (18) copies shall be presented to the administrator for distribution to the following agencies:
a. Planning and zoning commission, eight (8);
b. City engineer, one;
c. City council, five (5);
d. City hall, four (4).
G. Notice Of Hearing: Prior to the commission hearing, notice thereof shall be published once in the official newspaper of the city at least fifteen (15) days prior to the hearing. Notice shall be also sent by U.S. mail, postmarked at least ten (10) days prior to the hearing, to all property owners and purchasers of record whose property is within or adjacent to the area bounded by lines three hundred feet (300') from the external boundary of the proposed area and any additional area that may be substantially impacted as determined by the commission. Notice shall also be posted on the subject property not less than seven (7) days prior to the hearing.
All hearing notices shall include the date, time, and place of the hearing as well as a summary of the proposal, including the legal description of the property and its general location. It shall be the responsibility of the administrator to prepare the notices of public hearing and publish, mail and post the same. The subdivider shall bear the actual cost of publication and mailing.
H. Commission Action: Following the public hearing, the commission shall consider all relevant evidence and comments and determine whether to recommend that the council approve or disapprove the preliminary plat or return the preliminary plat to the subdivider for modification. The commission may only recommend contingencies to the council on preliminary plats that are beyond their scope and power. In its review, the commission shall determine if the proposed subdivision conforms to the general purpose of the comprehensive land use plan, and whether the proposal includes appropriate provisions for streets, drainage, alleys, and other public ways, open space, water supplies, sewer disposal, fire protection, and other appropriate public and private improvements.
Any hearing by the commission may be continued to the next regular meeting of the commission at the discretion of the commission.
If the preliminary plat has not been returned to the subdivider for modification, the commission shall transmit its written report to the council as soon as possible after closure of the hearing. The report shall include the recommendation of the commission and the facts that provide a basis for the decision.
I. Council Action: At the next regular meeting, following receipt of the commission report, the council shall review the commission report and all other relevant evidence and take action to approve, reject the recommendation of the commission, or return the plat to the commission for modification.
J. Approval And Authorization: Council approval of a preliminary plat shall constitute authorization for the subdivider to develop detailed plans and specifications for the improvements and facilities of the subdivision and to prepare the final plat in strict accordance with the standards set forth by this title and the conditions, if any, imposed by the council.
K. Expiration Of Approval: Failure to file a completed final plat application with the administrator within six (6) months after approval of the preliminary plat by the council, or by planning and zoning accordingly, or if phased final plat approval is proposed and approved, then in accordance with the phasing schedule approved by the council, shall cause the approval of said preliminary plat to be null and void, unless an extension of time is applied for by the subdivider and granted by the council, or planning and zoning accordingly. A subdivider may apply for and receive only one extension of time, not to exceed six (6) months, before expiration date.
L. Additions And Deletions: The commission may make additions or deletions to the preliminary plat application and checklist in accordance with city standards. (Ord. 427, 7-30-1998)