The URL can be used to link to this page

Home My WebLink AboutORD 2215BILL NO. ORDINANCE NO. 2 215 AN ORDINANCE TO AMEND CHAPTER 11, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING: ARTICLE 2, PLATTING PROCEDURESIREQUIREMENTS; ARTICLE 4, STREET AND UTILITY IMPROVEMENT REQUIREMENTS; ARTICLE 5, VARIANCES, APPEALS AND ENFORCEMENT: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: SECTION 1. That Chapter 11, Article 2, Section 11- 02 -04: STAGE 2. PRELDVIINARY PLAT: Subsection (3) shall be amended by adding certain language as follows: (3) Preliminary Plat Submission: A. Twenty (20) copies of the preliminary plat, as prepared by a land surveyor licensed in the State of Idaho and required supporting data, prepared in accordance with requirements set forth in Article 3 of this Chapter shall be filed with the planner at least fourteen (14) days prior to the Commission meeting at which the subdivider desires to be heard. Scheduling of the case for Commission hearing shall be dependent upon adequacy of data presented and completion of processing. SECTION 2. That Chapter 11, Article 2, Section 11- 02 -04: STAGE 2. PRELMCNARY PLAT: Subsections (5) and (6) shall be amended by deleting and adding certain language as follows: A. if the fequifemefAs of this Affiele have ftem been met, the Conffilissieft shall Fejeef '91we pr-elimifiaiy plat %4thia thifty (3 0) days ef the date feview fee was paid, In 9 M_ P. C. if the plat is generally oeeeptable but_ Hof: 'Visieft befefe Pr-eeeedifig Wi pfepaffifien efthe final plat, the CenmrAssiea she" find 1RA-fidifien 1 f a! by the plafflef when it has been satisfeeter-ily F@ViNd i-A- A- Ow A- F -d ; A. ith the stated eendifiens and reviewed by the plamwfL. MW K9 • i G. Upon pwlininary Plat eppmval, efte (1) aeff of the plat WWI be fande available te the ufifii�.y M Action_ by the Planning and Zoning Commission: A. At the public hearina, the Pl anning and Zoning Commission shall consider all relevant _evidence and _shall approve, deny, or return„ the plat to the subdivider for modification. The hearing may be continued to the next scheduled Commission hearing, or with the consent of the subdivider, the Commission may continue the hearing for an additional two -week period beyond the next scheduled hearing. B. Factors to be considered by the Planning and Zoning Commission in granting @pproval or denial shall be compatible with the Comprehensive Plan, and compliance with the standards and objectives set forth in this Chapter and the City of Caldwell Zoning Ordinance. C. In the event that the tract to be subdivided is of such unusual size or shape or is surrounded by such developments or unusual conditions that the strict application of these regglations would result in the subdivider having undue difficul , in meeting all of the development standards and objectives set forth in this Chapter and/or the City's Zoning Ordinance, the subdivision plat may be submitted as a Planned Unit Development Such submittal shall be in compliance with the procedures set forth in the City's Zoning Ordinance for Planned Unit Developments, as well as the procedures set forth in this Chapter. D. Short plats shall be heard by the Planning and Zoning Commission, following the procedures set forth in Section 11 -02 -07 (6) of this Article, who shall approve deny, or return the preliminary plat to the subdivider for modification. If preliminary approval is anted the Commission shall forward its recommendation for final plat a roval to Ci Council fora public hearing. The Planning and Zoning Director shall place the final plat on the first available City Council public hearing agenda, at which time the Council shall take action. (b) Conditions of Preliminary Plat Approval: A. The basic . conditions under which approval of the preliminary plat is granted shall not be substantially changed unless authorized by the Commission or City Council. At the discretion of the Commission or City Council the subdivider may be mguired to n,!Wly for preliminM plat approval. B. Approval is valid for a period of twelve (12) months from the date of Commission action. Failure to obtain final plat approval and to record the final plat in accordance with provisions of this Chapter within the prescribed time frame shall cause the preliminary+ plat to become null and void, unless a one (1) year extension of time is _ ARRlied for by the subdivider and is granted by_ the Planning and Zoning Commission following the public hearing process. No further extensions shall be permitted, unless otherwise granted by the city council following the public hearing process. C. In the case of preligliM Rlat approval for phased development, the subdivider shall submit a development schedule to the Planning and Zoning Commission at the time of seeking_ preliminary 1p at approval. The development schedule shall set forth a time frame for final plat application for each phase. Approval of the development schedule shall be valid for twelve 12 months from the date of Commission action. Failure to obtain final lat a roval for each phase and to record the final plat as set forth in the a roved develo ment schedule, shall cause preliminary plat approval to become null and void unless a one (1) year time extension of the development schedule is granted by the Planning and Zoning, Commission following the public hearing process. It shall be understood that the granting of a one 1 year time extension of the development schedule itself constitutes a one 1 year time extension for each phase. No further extensions shall be permitted, unless otherwise • granted by the City Council following the public hearing_nrocess. D. In the case of preli gpMplat approval of developments that exceed five (5 ) phases, the Planning and Zoning Commission may preliminarily g0rove the first five (5)phases and require the subdivider to submit respective preliminary plat requests for each of the remaining_ phases. E. Preliminary approval in itself does not assure final acceptance of streets for dedication or continuation of zoning requirements in existence at the time of receiving nreliminarxplat _ap rp oval. SECTION 3: That Chapter 11, Article 2, Section 11- 02 -04: STAGE 2. PRELMMARY PLAT: be amended by adding certain language as follows: Significance of Preliminary Plat Approval: Preliminary approval constitutes authorization for the subdivider to proceed under option A or B as follows: A. Request for Final Plat Approval and Recordation of Plat. Prior to submitting an application for final plat approval, the subdivider shall have _completed the following: 1. Preparation of the final plat by a land surveyor licensed in the State of Idaho. The final shall conform substantially with preliminary 12lat as approved by the Planning and Zoning Commission. 2. Preparation and approval of improvement plans and specifications. Said tans and s ecifications shall have been pMared following the standards and specifications adopted by the Cif Council, and shall have received gpRmval by the City Engineer and any other agency hg such authority. 3. _Approval by the City Engineer of the form of financial guarantee that will be submitted for construction and completion of irn rovements. The amount of the guarantee shall be at 110% of the total engineer's opinion of cost as preparedly an en ineer licensed in the State of Idaho• such o inion of cost shall be approved the City Engineer. 4. The application for final plat approval shall be submitted to the Planning an d Zoning Director in accordance with the procedures set forth in Section 11-02-06 of this Chapter, including the submittal of all fees as set forth by Cily Council and a copy of a Title Report that has been prepared within two weeks of final pl at submittal. B. Request to Commence Construction of Improvements Prior to Submitting the Final Plat for Public Hearing. A subdivider mgy receive a roval to commence construction of improvements prior to submitting the final plat for a public hearing if all of the following requirements are met: 1. The plat, prepared by a land surveyor licensed in the State of Idaho, in final form and in conformance with preliminary_ plat approval, shall be submitted to the Planning and Zoning Director and City Engineer for approval. Said plat shall be prepared in accordance with the requirements outlined in Section 11 -02 -07 of this Chapter. A copy of a Title Report that has been prepared within two weeks of submitting a request to commence construction of improvements, shall be submitted concurrently with the plat. 2. Improvement plans and specifications have been prepared followingthe standards and gpecifications, adopted by the Cfty Council and have received a royal by the City Engineer and any other agency having such approval authority. 3. The subdivider signs a statement certifying that he understands and agrees that the final plat shall not be accepted for a public hearing for final approval until all improvements have been installed and the construction has been approved by the City Engineer and any other a eg_ncy having such approval authority, or that he can re guest final plat Approval by following the procedures outlined in Subsection 7 A of Section 11 -02 -04 including obtaining approval of the form of financial guarantee for completion of the improvements. SECTION 4, That Chapter 11, Article 2, Section 11- 02 -06: STAGE 3. FINAL PLAT: shall be amended by deleting and adding certain language as follows: RO, I � Jim ..... ..... . F99 M.91 1101 OW M9 ITIT"I III 11- 02 -06: STAGE 3. FINAL PLAT: This stage includes the final desi of the subdivision engineering of public improvements, and submittal of the plat and plans by the subdivider. It includes review of the final plat by the Planning and Zoning Director, City Engineer, City Fire Department a licable irrigation distric t and any other aggLcL as determined by the Planning and Zoning Director, having review authority. Final Plat Submittal A. AN of the requirements for submittal of the final plat, as outlined in Section_ 11- 02 -04, Subsection (7) A of this Chapter shall have been met prior to the final plat being accepted and scheduled fora ipublic hearing. Submittal of the a lication shall include any fees as set forth by City Council. B. No less than thirty 3( 0) days prior to the Planning and Zoning Commission meeting at which the final plat will be heard, the subdivider shall submit an application for final plat a roval to the Planing and Zoning Department. The a lication shall include cg pies of the final plat and written verification from the City Engineer that all of the requirements for final p lat submittal have been met. The number of co Ries of the final plat to be submitted shall be as determined by the Planning and Zoning Director. C. The Planning and Zoning Director shall notify all review agencies of the public hearing on the final lat and shall request their review and comment. The Director shall be responsible for placing the final plat on the Planning and Zoning Commission's hearing, agenda and ensuring that public hearing notification requirements are met. D. The Planning and Zoning Commission shall hear the request for final plat approval and shall make a recommendation to City Council for final action. E. The Planning and Zoning Director shall place the Commission's recommendation for final action on the first available City Council meeting agenda. F. Approval of the final plat by City Council shall be dependent upon the following_ _a public hearing has been held on the fmal_plat, all improvements have been installed and approved by the Ct Engineer and any other agency having approval authod!L or, the form of financial guarantee, for construction_ and completion of the improvements, has been reviewed and approved by the City Engineer. The final plat shall not be released by the Cily Engineer for recordation until he has received the approved fmancial antee. G. The fmancial guarantee in the form approved by the CAY Engineer, shall be submitted to the City Engineer no less than thirl (30) days following the date of final plat approval by the City Council or approval of the plat mgy be considered to be null and void. The City Engineer may recommend to City Council at a regularly scheduled meeting that a thirty (30) day extension be granted. At the discretion of City Council, a thirty (30) day extension May be ganted. Upon submittal of the approved financial guarantee to the Ci Engineer. the final plat. with all applicable siggatures, shall be released to the subdivider for recordation. H. If construction of improvements has not been completed within one (1) year of submittal of the financial tee the financial &wantee shall be renewed and shall be set at 110% of the engineer's opinion of cost on the remaining work. The financial guarantee may be renewed for one (1) additional year, if approval is requested by the subdivider and is granted by City Council. The financial guarantee shall be set at 110% of the engineer's opinion of cost for the remaining work if a roval of the one 1 year extension by Ci Council is granted. I. If construction of the improvements has not been completed within two (2 ) years fr om the date of submitting the initial financial guarantee, the City in shall inform City Council at a regularly scheduled meeting. The City Council mgy determine that the remaining work not com leted _by the subdivider will be completed by the City and the construction costs recovered from the financial guarmtee, or the Council May =rove a time extension for completion of the work _by the subdivider. J. A copy of all financial guarantees shall be provided to the Planning and Zoning Director and shall be made a part of the respective case file. The Director shall make note of the expiration date of the guarantee and shall notify the City Engineer in a timely manner of pending ex iration. K. The financial guarantee shall not be released by the City unless and until all of the im rovements have been completed leted and acce ted b the Ci En ineer and b an other applicable agencies responsible for acceptance and maintenance. L. The Cfty Engineer shall notify the Planning and Zoning Director, in writing, when all im rovements have been completed and the financial g=antee has been released. M. Recordation of the final plat, prLor to completion of all improvements, authorizes the sale of lots within the subdivision building permits issued for construction on individual lots shall be de endent upon the ade uac and/or accessabili for emer enc services. No building permit for non - combustible and/or combustible construction shall be issued without written a roval by the City's Fire Marshal. SECTION 5. That Chapter 11, Article 2, Section 11- 02 -07: Subsection (5) Required Certificates, be amended by deleting the following and renumbering the remaining subsections: R E. Ff: F. . ....... ...... H, G. SECTION 6. That Chapter 11, Article 4, Section 11- 04 -06: SUBMITTAL, REVIEW AND APPROVAL OF ENGINEERING PLANS: shall be amended by deleting the following: �- - - - 1. dd 1� / Y_ _ •.. • Y� AiM . MM = -- 1910.10. 91, 1. dd 1� / Y_ _ •.. • Y� AiM . Ii 1 -- - - AM - - A. Pfier- te feeefding of the final plat, the subdWider- shW! post em (I) of the fe1jewing p� an:S!�:la SECTION 6, That Chapter 11, Article 5, Section 11- 05 -01: VARIANCES, APPEALS AND ENFORCEMENT, shall be amended by deleting the following and renumbering the remaining Sections: 11 -05 -01 ARTICLE 5 APPEALS AND ENFORCEMENT SECTION: Engineen 10 Appeals �1--a i 02 01: I 1 03 -0102: Violation and Penalty I 1 05 04 03: Prohibition Against Circumvention of Provisions 11 05 05 04: Severability Engineen 10 � a 11 09 OI: APPEALS: 11 05 03 02: VIOLATION AND PENALTY: -11 -86-84 03: PROHIBITION AGAINST CIRCUMVENTION OF PROVISIONS: W 05 06 04: SEVERABII-ITY: SECTION 7. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 15th day of December 1957. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 15th day of Decem r , 1997. ATTEST. fA00:7 WAMP50. City Clerk