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TITLE 8 SUBDIVISION REGULATIONS

CHAPTER 2 SUBDIVISION REGULATIONS

SECTION 8-2-5 PRELIMINARY PLAT APPLICATION

   
  (A)          Contents of Preliminary Plat Application: The word "preliminary" is used according to standard practice. Nevertheless, it should be understood that, except for final survey data and certifications, a preliminary plat application is essentially complete with regard to developing the subdivision. The following information shall be submitted with the preliminary plat:
  (1)   A completed application form for preliminary plat with the name of the proposed subdivision, which shall not duplicate any other subdivision name in Jefferson County. 
  (2)   The names, addresses, and telephone numbers of the subdivider, the engineer or surveyor, and any others involved in the subdivision.
  (3)   The names and addresses of all surrounding property owners including property owners beyond street rights-of-way.
  (4)   The legal description of the subdivision by section, township, and range.
  (5)   A statement of the intended use of the proposed subdivision, such as single-family, two-family, commercial, industrial, mobile home park, and open space. Any sites for churches, schools, parks, or other public uses shall be shown.
  (6)   A map of the entire area scheduled for development and the proposed phasing of such development.
  (7)   A vicinity map showing the relationship of the proposed subdivision to the surrounding area (at least two square miles).
  (8)   The land use and existing zoning of the proposed subdivision.
  (9)   Existing streets, street names, and right-of-way widths, including adjoining streets, along with the type of surface.
  (10) Approximate location and length of the boundary lines of each lot, parcel or site and the proposed lot and block numbers. Approximate acreage enclosed by subdivision.
  (11) Contour lines at two foot intervals when the slope exceeds fi A site report addressing the water system proposed, the depth of the water table, and review of the Department of Health.
  (12) Location, size and direction of flow of all existing utilities, including but not limited to, sanitary sewers, irrigation laterals, storm drainage, ditches, drainage, bridges, culverts, water wells, gas lines, power, telephone, and street lights. If utilities are not adjacent to site, indicate direction and distance to nearest utilities.
  (13) A copy of any proposed restrictive covenants and/or deed restrictions.
  (14) Any dedications to the public and/or easements, both public and private, together with location, dimensions, and purpose of such.
  (15) A statement as to what improvements will be made to existing utilities and what on-site improvements will be made. Approximate location, size, and direction of flow of all drainage, irrigation, sewer, and water improvements which will be made a part of the subdivision improvements.
  (16) A statement as to whether or not any variance will be required.
  (17) Mailing labels with names and addresses of owners of land within 300 feet of the land being considered. In case of 200 or more such owners, only mailing labels for those whose lands abut the land being considered or are separated from it only by a public right of way need be provided.
  (18) Utility Services Plan:
   
  a.   Summary of utility services to be provided by public utility companies or by the city.
   
  b.   Design and operation of sanitary sewage facilities. The developer shall be responsible for extending the sewer to and into the subdivision. The City of Menan reserves the right to oversize a line to serve future development beyond the subdivision and may share in the costs of such over sizing. The construction of the sewer shall comply with the specifications approved by the Council.
   
  c.   Design, operation, volume, and quality of water facilities and supply (see Idaho Code ยง 50-1334). Any public water supply system shall be approved by the Eastern Idaho Public Health District and by the Idaho Department of Environmental Quality (DEQ). Individual wells shall meet the requirements of the Eastern Idaho Public Health District.
  d.   Design and operation of system for storm water and other drainage.
   
  e.   Design and operation of common pressurized irrigation system.
   
  f.    Summary of data relevant to Eastern Idaho Public Health District and the Soil Conservation Service.
  (19) An impact study including, but not limited to: transportation and traffic; water, drainage, and sanitary sewer; city services; natural, environmental, and historical features; and demographic and commercial factors. Requirements for the impact study are related to the size of the subdivision and land uses in it.
  (20) A draft development agreement, submitted in both electronic and hard copy formats. The draft shall address the master plan and/or development phase or phases, as applicable.
   
  Irrelevant items may be waived by the City as non-applicable.
   
  (B)           Criteria for Considering an Application: Governmental instrumentalities shall use the following criteria in considering an application:
  (1)   Completeness and applicability of information in the application.
   
  (2)   Phased development in relation to the master plan.
   
  (3)   Requirements and standards in the Idaho code.
   
  (4)   Requirements and standards in chapter 10-4, 10-5, and other applicable parts of the city code.
  (5)   Intents and issues in the Comprehensive Plan.
   
  (6)   Recommendation of the Design Review Board.
   
  (7)   Reports from experts, departments, and agencies.
   
  (8)   Testimony from public hearing.
   
  (9)   Streets requiring special approval (paragraph 10-4- 4-H).
   
  (10) Conditions relevant to special subdivisions (chapter 10-5).
   
  (11) Considerations inherent to the locale, including but not limited to, the transportation plan, water and utilities, and adjacent land uses.
   
  (C)          Action by the Planning and Zoning Commission:
   
  (1)   After review by departments and agencies, the administrator shall place the application on the agenda of the next regular meeting of the Planning and Zoning Commission.
  (2)   The Planning and Zoning Commission may request more information from the applicant before moving to action. In case of such a request, the time period for action shall start upon submission of the additional information. If  the applicant does not submit the requested information within 180 days of the request, the application shall become null and void.
  (3)   The Planning and Zoning Commission shall hold a public hearing within 60 days of determining that the application is complete. Within 35 days after the public hearing or 21 days after receiving the Design Review Board's recommendation, whichever is later, the Planning and Zoning  Commission shall act to recommend approval, conditional approval, or denial.
   
  (D)          Action by the City Council: The Council shall hold a hearing on the preliminary plat. The Council shall review the recommendation of the Commission, the preliminary plat, all comments from concerned persons and agencies, and the engineering report, if any. In determining the acceptance of the preliminary plat, the Council shall consider:
  (1)   Conformance to the comprehensive plan,
  (2)   The availability of public services to accommodate the proposed Subdivision,
  (3)   The continuity of the proposed development with existing facilities including but not limited to streets, sewer, drainage, irrigation systems, utilities and public services,
  (4)   The public financial capability of municipal and supporting services for the proposed development,
  (5)   Other health, safety, or health problems that may be brought to the Council's attention.
   
  Within ninety (90) days of the public hearing, the Council shall approve, conditionally approve, disapprove, or table for additional information. If tabled, approval or disapproval shall occur at the regular meeting following the meeting at which the plat was tabled. If the preliminary plat is denied, the Council shall specify the regulations or standards used in evaluating the application, the reasons for approval or denial, and the actions to be taken by applicant to obtain plat approval.
   
  (E)           Approval Period for Preliminary Plat. Failure to obtain approval of a portion of the preliminary plat as a final plat within one year of the acceptance of the preliminary plat shall cause all approvals of the preliminary plat to be null and void, unless the sub divider applies for an extension of time and approved by the Council.
   
  (F)           Time Limits. Time limits for administrative action may be extended by mutual consent between the applicant and the City Council.