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HomeMy WebLinkAboutSubdivision Process 10.02.010 Pre-Application Before filing an application for a Plat, the Applicant will submit a concept drawing and any additional data to communicate intentions and plans and meet with the Ready Team. The Ready Team will communicate any information, which the Applicant should be aware of. 10.02.020 Subdivision Submittal Zone Changes. Before platting of the development, all required zoning changes shall be obtained. The sub-divider may cause the subdivision, or part thereof to be surveyed and a plat prepared. Application. If the sub-divider elects to proceed with the platting process, he shall file with the City Planning and Zoning Office, an application submitted through the city’s public portal with one (1) digital copy of the infrastructure plan and one (1) digital copy of the plat in AutoCAD format. (See Section 10.3.) Infrastructure Plans. (See subsection 10.03.050.) The infrastructure drawings shall include the plans and specification for all proposed improvements that are required for that portion of the subdivision included in the plat as required for this Ordinance and all others required by the City Engineering Department. (See Section 10.5). Plat. The sub-divider shall file the Plat, bearing all required certificates, acknowledgments, and signatures of the owner, surveyor, reviewing surveyor, and others as determined by the Planning and Zoning Department. (See subsection 10.02.070.C.) The Plat must contain a statement of dedication of all streets, alleys, drainage ways, pedestrian ways, and other easements for public use by the person holding title of record and by persons holding title as vendees under land contract. If lands dedicated are mortgages, the mortgagee shall sign the plat. Acknowledgement. Execution of dedication shall be acknowledged and certified by a notary public. Proof of Ownership. A current title report or other evidence acceptable to the City showing proof of ownership of the tract of land being platted shall be part of the application submission. Covenants, Conditions and Regulations (CCR’s) shall be submitted with plat. Pay Fees. Persons filing a subdivision plat within the City of Rexburg shall first have paid all fees as established by resolution of the Council. Such fees may be reviewed and changed by resolution of the Council at such time as the Council deems necessary. Certification. Upon receipt of the plat and all required data as provided herein, the City shall certify the application as complete and shall affix the date of application acceptance thereon. 10.02.030 Subdivision Review City Engineering Review. All details for the infrastructure drawing review as it pertains to the Plat shall be completed prior to submission to other departments for Staff Review for the Plat. Design and Installation. All water system and sewer system design and installation is to be done in accordance to the requirements of the Idaho Department of Environmental Quality (D.E.Q.) and adopted City Engineering Standards. The City Engineering Department shall check the Plat for conformity to the Infrastructure drawings. Nonconformance. In the event the Plat does not substantially conform to the Infrastructure drawings, the sub-divider shall be required to resubmit the Plat. (See subsection 10.02.030.) Will Serve Letter. The City will provide a “Will Serve Letter” for the developer after the Infrastructure Plans have been reviewed and approved by the City Engineer. Development Agreement. The sub-divider shall work with the City Engineering Department to develop a Development Agreement for review with the infrastructure plans. Conditions shall be established for: Requirements for the extent and manner in which roads shall be created and improved Water and sewer and other utility mains; piping connections, or other facilities shall be installed. Department Staff Reviews. Upon approval of the infrastructure drawings, and at least (21) days prior to the scheduled presentation before the Commission, the City shall transmit a copy of the application and the Plat to its various departments and such other agencies that have jurisdiction or an interest in the proposed subdivision for their review and recommendation. If no written reply is received from any of the various departments or interested agencies within fourteen (14) days from the date of notification, approval of the Plat by such department or agency will be considered to be granted. Possible Departments and Agencies: City Engineer City Planning and Zoning Department County Commissioners City Council Fire Department GIS Department Public Works Director State Highway Department Utility Companies Irrigation District (if subdivision abuts or includes a canal or ditch) Other department or agencies as necessary County Surveyor Review. The plat shall be reviewed by the County Surveyor for conformance to County codes. The County Surveyor signs the plat as the Examining Surveyor. 10.02.040 Subdivision Consideration Commission Action. The Plat shall be placed on the Commission agenda for consideration at the next available regular meeting. Review. The Commission shall review the application and comments from the review agencies for compliance to the City’s Comprehensive Plan, Development Code, and applicable ordinances. The Commission shall determine if further action will be necessary to complete the review and make recommendations to City Council. Amendment. If the Commission determines that an amendment must be made to the Comprehensive Plan and/or the Zoning Ordinance to approve the application, the Commission shall follow the procedures detailed in Idaho Code 67-6509. Recommendation. The Commission will recommend to City Council the plat be approved, approved conditionally, or disapproved within thirty (30) days after the date of the meeting at which the plat is first considered. The Commission, will then send a copy of the Plat and the Commission’s findings or Reasons for Decision to the City Council. Reasons for Decision. The Reasons for such Decision shall specify: the ordinance and standards used in evaluating the application the reasons for approval or denial; and the actions, if any, that the applicant could take to gain approval of the proposal. Council Action. Upon receipt of the Plat and related documents, and all other data as required herein, the Council shall thereafter place the Plat on their next available agenda for consideration at a regular meeting held not less than thirty (30) days after the date of submittal of the completed submission. If said Plat conforms to the requirements of this ordinance and the Idaho Code, the Council shall consider the approval of the Plat. Testimony. The Council may hear testimony of the representatives of the Commission and witnesses, including interested citizens affected by the proposed subdivision. Findings. The Council shall base its findings upon the report and testimony presented before it and declare its findings. It may sustain, modify, or reject the recommendations of the Commission, and make such findings as are consistent with the provisions of this ordinance and the Idaho Code. The Reasons for such Decision shall specify: the ordinance and standards used in evaluating the application the reasons for approval or denial; and the actions, if any, that the applicant could take to gain approval of the proposal. Dedications Accepted. At the time of approval and recording of the Plat, the Council shall accept the dedications shown thereon. The Council shall also, as a condition precedent to the approval of any plat, require the sub-divider either to improve or agree to improve the streets and all other public improvements by furnishing a Surety Bond or satisfactory agreement in accordance with Standard Drawings and Specifications and the Infrastructure Plans as defined in the Development Agreement. To complete the acceptance of any dedication of land, the owner shall furnish to the Council, a deed conveying such lands to the City. The City will record the deed with the County Recorder. The Council shall make such findings as are consistent with the provisions of this ordinance and the Idaho Code. The reasons for such decision shall include: the ordinance and standards used in evaluating the application the reasons for approval or denial; and the actions, if any, that the applicant could take to gain approval of the proposal. Reasons for Decision. The reasons for such decision shall be stated in writing, a copy of which shall be attached to one digital (1) copy of the Plat and returned to the sub-divider. Planned Unit Development (PUD) Master Plan Approval. If a PUD Master plan has been approved, the plat shall be considered by the Zoning Administrator. 10.02.050 Time Limitations Approval Time Period. Once the plat is approved, the approval is good for a period of twelve (12) months from the date of approval. In the event a longer period elapses, the plat must be reviewed by the Commission again. Extension. The time limits for acting on the plat may be extended by mutual consent of the sub-divider and the Commission and/or the Council. 10.02.060 Bonding Prior to recording the Plat, the sub-divider shall file with the City Clerk a surety bond, or other acceptable guarantee, to ensure actual construction of such improvements as submitted and approved. The improvements when covered by a surety bond, shall be constructed within two (2) years from the date of recording of the Plat; provided, however, the City may extend the period one (1) year upon showing of just cause by the sub-divider. Such surety bond shall be one-hundred-ten percent (110%) of the estimated cost of the improvements as determined by the City. A copy of certification shall be forwarded to the City Clerk if a surety agreement has been executed by the sub-divider. Thereafter, if a surety agreement has been executed by the sub-divider, the City Clerk shall thereafter release seventy-five (75%) percent of said surety or guarantee upon application of sub-divider. The final twenty-five (25%) percent of the surety will remain in effect for a twelve (12) month warrantee period. If no problems are outstanding at the end of the warrantee period, the City Clerk will release the final amount upon written request by the developer. 10.02.070 Request For Mylar Once all revisions from staff reviews, County Surveyor, Commission and/or Council amendments have been made to the Plat, the City of Rexburg Staff will request the final Mylar be printed. The final Mylar shall show all revisions. All plats to be offered for recording shall be on transparent tracing(s) that show all pertinent information that was approved on the Plat. The approved plat is to be recorded on clear Mylar silver emulsion with an overall dimension of eighteen (18”) inches by twenty-seven (27”) inches. (Idaho Code 50-1304) Required Certifications. Signature of the following show approval or completion. Please seek signatures in the order they are listed: Professional land surveyor – Surveyor shall state on plat that plat is correct, accurate, and monuments described have been located, installed, and described Examining Land Surveyor (Madison County) Sanitary restriction being lifted (Health Department after approval by D.E.Q.) City Planning & Zoning Administrator Certification of plat approval by the City Engineer Certificate of approval by the City Clerk Certificate of approval by City Council (Mayor) Treasurers Certification of taxes paid Recordation by County Recorder Development Agreement. Before the plat will be signed by the City, the Development Agreement shall be executed. 10.02.080 File With County Recorder The Plat shall be filed with the County Recorder within six (6) months after approval by the Council, otherwise such approval shall become null and void unless an extension of time is applied for and granted. Communicate to City. Recording number is communicated to the City Planning & Zoning office to finalize permit. 10.02.090 Short Plat The process for a Short Plat will be the same as for a full Plat as listed in this chapter with the exception of Commission action and Council action. City of Rexburg Staff will take the place of both the Planning and Zoning Commission and the City Council. Conditions. A Short Plat may be requested when all of the following conditions are met: The proposed subdivision does not exceed five (5) buildable lots No right-of-way dedication is necessary as required by City Codes and Ordinances unless otherwise approved by the City Engineer. Public improvements, street widening or infrastructure improvements have been approved by the City Engineer No impacts on the health, safety or general welfare of the City of Rexburg The subdivision is in the best interest of the City of Rexburg Administratively Reviewed by Staff. The Zoning Administrator shall review said plans and data as submitted and within ten (10) working days shall advise the sub-divider in writing as to conformance or nonconformance of this ordinance, the city’s zoning ordinances. Such review may include comments on policies and guidelines followed by the Zoning Administrator in the implementation of the Development Code. 10.02.100 Prior to Construction Improvements. All water system improvements are to be approved by D.E.Q. prior to any construction. The sub-divider is responsible for submitting the design to D.E.Q. for approval. Approval Letter. A copy of the approval letter from D.E.Q. for the final design shall be submitted to the City Engineer by the sub-divider. “Will Serve Letter.” The City will provide a “Will Serve Letter” to the developed after the plans have been reviewed and approved by the City Engineer. 10.02110 As-Built Plans Prior to acceptance by the City of any improvements installed by the sub-divider, two (2) sets of prints of the approved as-built plans and specification shall be certified by the sub-divider’s engineer and filed with the City. The as-built drawing shall also be submitted in AutoCAD format, and shall show any deviations from the approved construction drawings. Within thirty (30) days after completion of improvements and submission of “as-built” plans and specifications, the City shall certify completion and acceptance of construction and shall transmit a copy of said certification to the sub-divider.