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CHAPTER 15: SUBDIVISIONS

Section 1: General:
    A. The provisions of this chapter are adopted pursuant to the authority granted Boundary County at Title 67, Chapter 65, and Title 50, Chapter 13, Idaho Code.
    B. Whenever any division or re-division of land is proposed to be made which is subject to the requirements of this chapter, no zoning certificate or other final permit as required by this ordinance shall be issued for lots within that subdivision until a final plat is recorded.
    C. "Subdivision" shall mean any tract of land divided into two (2) or more lots, parcels or sites for the purpose of sale or building development, whether immediate or future.
    D. The term "subdivision" shall not include:
        1. The lease of agricultural lands for agriculture or agricultural purposes.
        2. The lease or conveyance of land to a governmental agency, public or quasi-public agency or private utility for utility placement or right of way.
        3. Mineral, oil or gas leases.
        4. Lot line adjustment.
        5. Land within a recognized cemetery which has been divided into lots or plots for the purpose of burial only.
        6. Any division of land in which all lots or parcels created have legal access and are not less than twenty (20) acres or a 1/32nd aliquot division of a section.
        7. Divisions of land resulting from testamentary provisions or the laws of descent.
        8. The financing of any portion of a single lot or parcel provided that the portion separated for financing and any remaining portion of the parcel remain under single ownership.
   E. Any division of land that has been platted shall not be further divided or lot lines adjusted without the recording of a new final plat pursuant to the provisions of this chapter.

Section 2: Platted Subdivision Standards:

    A. The following standards shall be established for platted urban subdivisions within the Rural Residential, Rural Community/Commercial, Residential and Industrial Zone Districts in which the proposed lot sizes are below two (2) acres:

        1. All lots created by platting shall be provided a minimum utility and access easement of 60-feet.

        2. Roadways within a subdivision accessed primarily by county road shall be built to minimum current Boundary County Road and Bridge standards commensurate to the surface of the county road from which the development is accessed.

        3. If a proposed subdivision is primarily accessed by state highway, approaches shall be built to specifications established by the Idaho Department of Transportation and roads within the subdivision shall be built to county specifications for paved roads.

        4. If a proposed subdivision is accessed primarily by private road, proof of access and utility easement from the proposed development to the nearest public arterial shall be provided as part of the application.

        5. Available utilities, to include gas, electricity, water, septic and telephone, shall be brought to each parcel and situated so as to ensure that any construction occurring on the parcel meets minimum county setback requirements for the zone district in which the subdivision is located prior to final plat approval. If water is to be provided by private well, working wells shall be installed prior to final plat approval and said wells shall be approved in combination with the septic system by Panhandle Health District.

      6. In the event an easement or roadway is proposed for dedication to Boundary County, an improvement plan as defined in Chapter 4 shall be required and a guarantee of installation may be imposed.

   B. The following standards shall apply to rural subdivisions within all other zone districts in which lots created are below twenty (20) acres in size but larger than two (2) acres in size:

1. All lots created by platting shall be provided a minimum utility and access easement of 60-feet.

2. All roads serving two or more families shall be built to a standard to provide adequate all-weather access to emergency services vehicles.

Section 2: Types of Subdivision Procedures:

    A. Simple Subdivision: Applications for subdivisions three (3) or fewer parcels which requires no change in zone district in order to be in compliance with the provisions of this ordinance when no shared infrastructure or improvements must be constructed to meet the requirements of Boundary County or other agencies. Applications for simple subdivisions shall be made on forms provided by the Boundary County Zoning Administrator, who shall have the authority, without need of public hearing, to approve or deny the application based solely on the standards established by this ordinance and the provisions of the zone district in which the subdivision is proposed. Applications shall include either a record of survey depicting the entire parcel being divided, depicting new parcel lines, roads and easements accessing each parcel, and the size, in acres, of each parcel created; or a legal description of each parcel proposed, to include easements and the size, in acres, of each parcel to be created.

    B. Short Plat: Applications for subdivisions of four (4) or more lots, which require no change in zone district in order to be in compliance with the provisions of this ordinance; in which all lots, parcels or tracts created require no dedication of property, roads or rights of way to Boundary County and which do not require construction of shared infrastructure (roads, water or sewer) may be processed as a short plat. All applicable sections of this chapter shall apply; however, such applications will be heard and decided following public hearing by the Board of County Commissioners.
    C. Long Plat: Applications for subdivisions of four (4) or more parcels, which require no change in zone district in order to be in compliance with the provisions of this ordinance, but which require the dedication of property, roads or easements to Boundary County or the development of shared infrastructure (roads, water or sewer), shall be processed as a long plat following the procedures established by this chapter, and shall require a public hearing before both the Planning and Zoning Commission, which will forward a recommendation; and the Board of County Commissioners, which will render a decision and approve the final plat.
Section 3: Applications for Platted Subdivisions
    A. Applications for platted subdivisions shall be made on forms provided by the zoning administrator.
    B. Applications for subdivision shall include the following:
        1. The applicant's interest in the property. Should the applicant not be the owner of the property, the owner’s signature shall be required on the application.
        2. The proposed name of the subdivision in accordance with the provisions of 50-1307, Idaho Code.
        3. The names of any platted subdivisions which adjoin the property, including those which may exist across a road or right of way.
        4. The names of any special purpose districts in which the proposed subdivision is located or which are anticipated to serve the proposed subdivision, including but not limited to school districts, water and sewer districts, fire districts and irrigation districts.
        5. The legal description of the property, including the tax number and the location and names of public roads which would serve the subdivision.
        6. One copy of the preliminary plat, plus one identical copy scaled to fit on an standard page not exceeding 11 x 17 inches.
        7. An application fee as established at Chapter 17.
    C. The preliminary plat map shall be drawn to a scale of not less than one (1) inch to two hundred (200) feet, and shall include a north point and graphic scale. The map will show:
        1. The boundary lines of the tracts to be divided, accurate in scale and bearing.
        2. The lots and blocks within the subdivision, with all lots numbered consecutively in each block.
        3. The boundaries of each lot and the area contained within each lot.
        4. Streets, roads and alleys within and adjacent to the subdivision with widths and courses clearly shown and each street, road or alley named. Prior to submission of an application to the zoning administrator, the applicant shall submit to the GIS Mapping Department a copy of the preliminary plat, to include all proposed road names, and obtain a valid signature on the application to ensure compliance with the Boundary County Uniform Address and Street Naming Ordinance.
        5. The profile of each street, road or alley intended for dedication or conveyance to Boundary County, showing tentative grades and a cross-section showing widths of roads, ditches, sidewalks, etc., as appropriate. All roads proposed for dedication to Boundary County shall be designed and constructed to standards established by the Boundary County Road and Bridge Department.
        6. The location of important existing features within or adjacent to the proposed subdivision, such as railroad lines, water courses, existing sanitary sewers, wells, water lines, utility easements, private easements, irrigation or drainage structures, storm drains or storm water control structures, culverts, electrical lines, telephone lines, etc., and the names of each company, utility district or individual providing utility services.
        7. The location of important proposed features within the proposed subdivision, including but not limited to easements, lands, roads and rights of way proposed for the public, parks, greenbelts or open spaces, common areas or structures, proposed sanitary sewers, water distribution lines, wastewater treatment facilities, wells or water system structures, storm water collection and treatment structures and utility locations.
        8. Covenants, restrictions or standards applicable to the subdivision.

Section 4: Application Procedure
    A. Upon receipt of a completed application and preliminary plat, the zoning administrator shall schedule a public hearing, allowing for public notification pursuant to Chapter 16. If the proposed subdivision lies within one mile of an incorporated city or within the city's area of impact, the zoning administrator shall convey a complete copy of the application and preliminary plat to the city for review and approval pursuant to the provisions of Idaho Code 50-1308.
    B. If subject to hearing before the planning and zoning commission; the commission shall hold public hearing on the application for preliminary plat approval pursuant to the provisions of Chapter16. The commission shall consider the application, the preliminary plat, comments and testimony of affected persons, the recommendations submitted by affected city council, and any other facts on record and may:
        1. Recommend approval of the preliminary plat.
        2. Recommend the preliminary plat be approved with amendments, conditions or restrictions.
        3. Table the application for preliminary plat pending amendments or receipt of additional information.
        4. Recommend disapproval.
    C. The commission shall consider the following standards in rendering its decision on applications for preliminary plat approval:
        1. Whether the application meets the provisions of this ordinance for the zone district in which it is proposed.
        2. Whether the public services available or proposed for the subdivision would be adequate for the needs.
        3. Whether the applicant can take actions necessary to mitigate adverse affects which might be imposed by the proposed subdivision, and what those actions might be.
    D. The commission shall make its recommendations to the board of county commissioners within sixty (60) days of the public hearing, in writing, explaining the reasons for its recommendations and citing ordinance provisions applicable to the decision. If, after sixty (60) days, the commission has failed to render a recommendation, the zoning administrator shall proceed to process the application as if a recommendation of approval had been made.
    E. Upon receipt of the Planning and Zoning recommendation, or a short plat application, the zoning administrator shall schedule a public hearing before the board of county commissioners on their next available agenda, allowing sufficient time to prepare such documents and reports as may be necessary and to allow sufficient time for public notification pursuant to Chapter 16.
    F. The Board of County Commissioners shall consider the facts of the application, the relevant ordinance standards, testimony and evidence presented at public hearing, the recommendation of the commission, if applicable, and the recommendations submitted by affected city council.
    G. After consideration, the board may approve the application, approve the application as modified or disapprove the application. The board shall set forth its reason in writing, explaining reasons for the decision, as are appropriate in support of the decision, and direct the applicant to proceed with preparation and recording of final plat. If the board denies the application, it shall also set forth, in writing, actions which may be available to obtain approval.
    H. As part of the decision approving an application, the board shall stipulate which, if any, improvements within the plat, such as roads, utilities, etc., will be required to be completed by the applicant prior to final plat approval.
    I. Preliminary plat approval shall be valid for a period of eighteen (18) months from the date of approval to recordation of the final plat. An applicant may request an extension from the board of county commissioners at any time prior to its expiration for an extension not to exceed an additional eighteen (18) months.
Section 5: Final Plat Procedure
    A. Upon approval of the application for preliminary plat, the applicant shall cause a final plat of the proposed subdivision to be prepared in accordance with the requirements set for in Title 50, Chapter 13, Idaho Code, and the following requirements:
        1. The name of the subdivision and the name of the larger tract or subdivision of which it is part. The names of the subdividers and the seal and signature of the engineer and/or surveyor who prepared the plat.
        2. The initial point of the survey and descriptions and locations of monuments in accordance with the provisions of Idaho Code.
        3. The centerlines and widths of all existing or proposed streets, roads or alleys. The length and bearing of the lines of all lots, streets, roads, alleys, rights of way and easements.
        4. A place for the signature of the appropriate official of the Panhandle Health District for certification of compliance of the plat per requirements of 50-1326 through 50-1334, Idaho Code.
        5. A certificate containing the correct description of all lands dedicated to Boundary County, along with a place for signed acknowledgement by the officer duly authorized to accept such dedications.
        6. A valid title policy which guarantees clear title on all property intended for dedication or conveyance to Boundary County.
        7. A place for the signature of the Boundary County Treasurer certifying that there are no county property taxes due and unpaid on the lands contained within the plat.
        8. If the plat is located within any special purpose district, the plat shall contain a certificate bearing the signature of the appropriate official of such district signifying the plat's compliance with the regulations of the district and/or the relevant provisions of Idaho Code.
        9. A place for the signature of the chairman of the board of county commissioners signifying the board's approval of the plat for filing and recording.
        10. A place for the signature of the Boundary County Clerk of Court certifying recordation of the plat.
        11. A place for the signature of the designated county surveyor, with surveyor's fee to be paid by applicant.
    B. Upon receipt of two (2) copies of the final plat conforming to the provisions of this section, the zoning administrator shall place the request for final plat approval on the next available agenda of the board of county commissioners. The board may:
        1. Approve the final plat and authorize the chairman of the board to sign the plat for recording with the county clerk.
        2. Postpone action on the final plat pending corrections or additions to the plat.
        3. Postpone action on the final plat pending completion of required improvements.
        4. Postpone action on the final plat pending posting of an acceptable financial guarantee for the completion of required improvements.
        5. Schedule an additional public hearing, with public notification pursuant to Chapter 16, prior to final action if the board finds:
            a. The final plat contains substantial changes from the approved preliminary plat.
            b. The board has received a petition signed by twenty (20) or more affected persons requesting such a hearing.

        6. Deny the final plat if the board feels the applicant has not acted in good faith, either in the completion of subdivision improvements or in compliance with the terms of approval of the preliminary plat. If the board does deny the final plat, the applicant shall have the time remaining on the approval of the preliminary plat or sixty (60) days from denial, whichever is greater, to demonstrate good faith actions and to resubmit the final plat for board consideration.
        7. Prior to approval of the final plat by the board, the applicant shall have obtained the signatures on all of the certificates shown on the plat, excepting those of the chairman of the board of county commissioners and the county clerk. Upon presentation of the plat bearing such signatures, the chairman of the board shall sign the plat for recording.

Section 6: Lot Line Adjustments:
    A. The procedure for lot line adjustments as set forth in this section shall be used for applications which:
        1. Adjust the position of a lot line shown on a recorded plat, where the repositioned lot line does not create any new lots or increase the nonconformity of any affected lot.
        2. Eliminates an existing lot line or lines so that fewer numbers of lots result on a recorded plat.
        3. Makes a change in a notation shown upon a recorded plat, which affects only a single lot or a group of lots under a single ownership.
    B. Applications for lot line adjustment shall be made on forms provided by the zoning administrator and shall include:
        1. The name of the applicant and the applicant's interest in the property.
        2. A description of the proposed lot line adjustment.
        3. Two (2) copies of the current recorded plat, with colored lines clearly showing the lot lines proposed for change or elimination, or the notation proposed to be changed.
        4. A fee as set forth in Chapter 17 of this ordinance.
    C. Upon receipt of a completed application, the zoning administrator shall place the application for a lot line adjustment on the next available agenda of the Planning and Zoning Commission, allowing sufficient time for the public notification as set forth in Chapter 16.
    D. The planning and zoning commission shall consider the application, any comments received and assure that the proposed lot line adjustment would not:
        1. Result in a greater number of lots than are shown on the original plat.
        2. Result in the formation of any lots without access.
        3. Materially or adversely affect adjacent properties.
        4. Materially increase the nonconformity of any lot or lots.
        5. Conflict with the purpose of the zone district in which it is located or the purposes of this ordinance.
    E. Upon consideration, the commission may:
        1. Approve the application and direct the applicant to proceed to developing and recording a final plat.
        2. Approve the application with modifications and direct the applicant to proceed to development and recording of final plat reflecting those modifications.
        3. Disapprove the application.
    F. If the commission disapproves the application, it shall convey its decision to the applicant in writing and shall specify any actions the applicant could take to obtain approval.
    G. Upon approval of a lot line adjustment or notation change, the applicant shall cause a final plat to be drawn for recording as an amendment to the original plat, in conformance with Title 50, Chapter 13, Idaho Code. This amended plat shall include signature blocks for signatories of the original plat affected by the lot line adjustment, as determined by the Board of County Commissioners. Two copies of the final plat shall be submitted to the zoning administrator, who shall examine the plat for signature and seal of the engineer and/or surveyor who prepared the plat. The zoning administrator shall then place the final plat on the next available agenda for the board of county commissioners.
    H. The board of county commissioners shall examine the plat for conformance with the provisions of Idaho Code and this ordinance. If the plat is in conformance, the commissioners shall sign the plat for recordation. If the plat is not in conformance, the board shall return the plat to the applicant for correction.

 

Amended October 2, 2006, Ordinance 2007-1
Section 1: General:

    A. The provisions of this chapter are adopted pursuant to the authority granted Boundary County at Title 67, Chapter 65, and Title 50, Chapter 13, Idaho Code.
    B. Whenever any division or re-division of land is proposed to be made which is subject to the requirements of this chapter, no zoning certificate or other final permit as required by this ordinance shall be issued for lots within that subdivision until a final plat is recorded.
    C. "Subdivision" shall mean any tract of land divided into four (4) or more lots, parcels or sites for the purpose of sale or building development, whether immediate or future, providing that this definition shall not include bona fide division or partition of agricultural land into lots, all of which are five (5) acres or larger, and maintained as agricultural lands.
    D. The term "subdivision" shall not include:
        1. The lease of agricultural lands for agriculture or agricultural purposes.
        2. The lease or conveyance of land to a governmental agency, public or quasi-public agency or private utility for utility placement or right of way.
        3. Mineral, oil or gas leases.
        4. Lot line adjustment.
        5. Land within a recognized cemetery which has been divided into lots or plots for the purpose of burial only.
        6. Any division of land in which all lots or parcels created have legal access and are not less than twenty (20) acres or a 1/32nd aliquot division of a section.
        7. Divisions of land resulting from testamentary provisions or the laws of descent.
        8. The financing of any portion of a single lot or parcel provided that the portion separated for financing and any remaining portion of the parcel remain under single ownership.
        9. Divisions of land resulting from the action of a court of law.
    E. Any division of land that has been platted shall not be further divided without replatting.

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Section 2: Pre-application review:
    A. Any person contemplating a subdivision may request a pre-application review by the planning and zoning commission.
    B. A request for pre-application review shall be filed with the zoning administrator and shall be accompanied by a statement of the proponent's interest in the property, a general description of the proposed subdivision, and a sketch map of sufficient scale to convey the scope and layout of the proposed subdivision.
    C. Upon receipt of a request for pre-application review, the zoning administrator shall prepare a staff report, basing findings solely on the provisions of this ordinance and the comprehensive plan, and will schedule the review on the next available agenda of the planning and zoning commission.
    D. The commission may discuss the concept with the proponent, giving consideration to factors including but not limited to the provisions of this ordinance and the comprehensive plan and the facts of the application. Should the concept be deemed feasible, the applicant will be advised of the applicable plat procedure for the proposal. If the concept is deemed not to conform with the provisions of this ordinance or if other considerations make it unlikely that the subdivision application would be approved, the applicant will be so advised and recommendations will be made as to what actions, if any, the proponent may take to bring about compliance.
    E. If the pre-application review is for a designed development, or if the commission determines, based on the nature and scope of the application, that a designed development is required, the board shall consider applicable terms and conditions which may be applied should the proponent proceed with the application.
    F. Findings of a pre-application review will not constitute a formal decision and will not waive any of the procedures set forth in this chapter for completion of the application. There shall be no fee for a pre-application review.

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Section 3: Types of Plat Procedures:
    A. Short Plat: Applications for subdivisions of four (4) or more lots, which require no change in zone district in order to be in compliance with the provisions of this ordinance and in which all lots, parcels or tracts created require no dedication of property, roads or rights of way to Boundary County may be processed as a short plat. All applicable sections of this chapter shall apply, however, the planning and zoning commission shall have the authority to approve or deny the plat.
    B. Long Plat: Applications for subdivisions of four (4) or more parcels, which require no change in zone district in order to be in compliance with the provisions of this ordinance, but which require the dedication of property, roads or easements to Boundary County shall be processed as a long plat following the procedures established by this chapter.
    C. Designed Development: Applications for subdivisions or land use developments which include a variety of types of use and which would not conform to the minimum acreage requirements of the zone district in which the subdivision is proposed, but which would conform to the provisions of the comprehensive plan; or which contains extraordinary design considerations which would result in a substantial departure from traditional and current land uses may be processed as designed developments, and shall be considered a special use subject to the provisions of Chapter 13 of this ordinance. In addition to the procedures set forth this chapter, the following shall be required:
        1. A detailed description of the proposed subdivision or development.
        2. A detailed site plan drawn to sufficient scale to accurately depict the nature of the proposed subdivision or development and showing the boundaries of all proposed lots, the general topography, greenbelts or public parks, public, utility or commercial structures and facilities, roads, streets, alleys and rights of way, utility easements, areas proposed for dedication to the public, and any additional information pertinent to the proposal.
        3. A vicinity map depicting the site and surrounding area, including all pertinent features such as roads, public facilities, bodies of water and current land uses.
        4. A detailed project development plan.
        5. Draft documents detailing financial arrangements for perpetual maintenance of areas held in common ownership, the formation of any taxing districts, and financial guarantees for required improvements.

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Section 4: Applications for Subdivision; Preliminary Plat Procedure
    A. Applications for subdivisions shall be made on forms provided by the zoning administrator.
    B. Applications for subdivision shall include the following:
        1. The applicant's interest in the property. Should the applicant not be the owner of the property, a written statement from the owner authorizing the submission of application for subdivision shall be included.
        2. The proposed name of the subdivision in accordance with the provisions of 50-1307, Idaho Code.
        3. The names of any platted subdivisions which adjoin the property, including those which may exist across a road or right of way.
        4. The names of any special purpose districts in which the proposed subdivision is located or which are anticipated to serve the proposed subdivision, including but not limited to school districts, water and sewer districts, fire districts and irrigation districts.
        5. The legal description of the property, including the tax number and the location and names of public roads which would serve the subdivision.
        6. Three copies of the preliminary plat.
        7. An application fee as established at Chapter 17.
    C. The preliminary plat map shall be drawn to a scale of not less than one (1) inch to two hundred (200) feet, and shall include a north point and graphic scale. The map will show:
        1. The boundary lines of the tracts to be divided, accurate in scale and bearing.
        2. The lots and blocks within the subdivision, with all lots numbered consecutively in each block.
        3. The boundaries of each lot and the area contained within each lot.
        4. Streets, roads and alleys within and adjacent to the subdivision with widths and courses clearly shown and with each street, road or alley named.
        5. The profile of each proposed street, road or alley intended for dedication or conveyance to Boundary County showing tentative grades and a cross-section showing widths of roads, ditches, sidewalks, etc., as appropriate. All roads proposed for dedication to Boundary County shall be designed and constructed to standards established by the Boundary County Road and Bridge Department.
        6. The location of important existing features within or adjacent to the proposed subdivision, such as railroad lines, water courses, existing sanitary sewers, wells, water lines, utility easements, private easements, irrigation or drainage structures, storm drains or storm water control structures, culverts, electrical lines, telephone lines, etc., and the names of each company, utility district or individual providing utility services.
        7. The location of important proposed features within the proposed subdivision, including but not limited to easements, lands, roads and rights of way proposed for the public, parks, greenbelts or open spaces, common areas or structures, proposed sanitary sewers, water distribution lines, wastewater treatment facilities, wells or water system structures, storm water collection and treatment structures and utility locations.
        8. Covenants, restrictions or standards applicable to the subdivision.
    D. Upon receipt of a completed application and preliminary plat, the zoning administrator shall schedule a public hearing on the next available agenda of the planning and zoning commission, allowing for public notification pursuant to Chapter 16 If the proposed subdivision lies within one mile of an incorporated city or within the city's area of impact, the zoning administrator shall convey a complete copy of the application and preliminary plat to the city for review and approval pursuant to the provisions of Idaho Code 50-1308.
    E. The commission shall hold public hearing on the application for preliminary plat approval pursuant to the provisions of Chapter16. The commission shall consider the application, the preliminary plat, comments and testimony of affected persons and any other facts on record and may:
        1. Recommend approval of the preliminary plat.
        2. Recommend the preliminary plat be approved with amendments.
        3. Table the application for preliminary plat pending amendments or receipt of additional information.
        4. Recommend disapproval.
    F. The commission shall consider the following standards in rendering its decision on applications for preliminary plat approval:
        1. Whether the application is in accord with the goals and objectives of the Boundary County Comprehensive Plan.
        2. Whether the application meets the provisions of this ordinance for the zone district in which it is proposed.
        3. Whether the public services available or proposed for the subdivision would be adequate for the needs.
        4. Whether the applicant can take actions necessary to mitigate adverse affects which might be imposed by the proposed subdivision.
    G. The commission shall make its recommendations to the board of county commissioners within sixty (60) days of the public hearing, with findings of fact and conclusions at law explaining the reasons for its recommendations and citing ordinance provisions applicable to the decision. If, after sixty (60) days, the commission has failed to render a recommendation, the zoning administrator shall proceed to process the application as if a recommendation of approval had been made.
    H. Upon receipt of the commission recommendation, the zoning administrator shall schedule a hearing before the board of county commissioners on their next available agenda, allowing sufficient time to prepare such documents and reports as may be necessary and to allow sufficient time for public notification pursuant to Chapter 16.
    I. The board shall consider the facts of the application, the relevant ordinance standards and the provisions of the comprehensive plan, testimony and evidence presented at public hearing, the recommendation of the commission, and the action taken by affected city council.
    J. After consideration, the board may approve the application for preliminary plat, approve the application as modified or disapprove the application. The board shall set forth its reason in writing, explaining reasons for the decision, findings of fact and such conclusions as are appropriate in support of the decision. If the board denies the application, it shall also set forth, in writing, actions which may be available to obtain approval.
    K. As part of the decision approving the application, the board may stipulate which, if any, improvements within the plat, such as roads, utilities, etc., will be required to be completed by the applicant prior to final plat approval.
    L. Preliminary plat approval shall be valid for a period of eighteen (18) months from the date of approval. An applicant may request an extension from the board of county commissioners at any time prior to its expiration for an extension not to exceed an additional eighteen (18) months.

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Section 5: Final Plat Procedure
    A. Upon approval of the application for preliminary plat, the applicant shall cause a final plat of the proposed subdivision to be prepared in accordance with the requirements set for in Title 50, Chapter 13, Idaho Code, and the following requirements:
        1. The name of the subdivision and the name of the larger tract or subdivision of which it is part. The names of the subdividers and the seal and signature of the engineer and/or surveyor who prepared the plat.
        2. The initial point of the survey and descriptions and locations of monuments in accordance with the provisions of Idaho Code.
        3. The centerlines and widths of all existing or proposed streets, roads or alleys. The length and bearing of the lines of all lots, streets, roads, alleys, rights of way and easements.
        4. A place for the signature of the appropriate official of the Panhandle Health District for certification of compliance of the plat per requirements of 50-1326 through 50-1334, Idaho Code.
        5. A certificate containing the correct description of all lands dedicated to Boundary County, along with a place for signed acknowledgement by the officer duly authorized to accept such dedications.
        6. A valid title policy which guarantees clear title on all property intended for dedication or conveyance to Boundary County.
        7. A place for the signature of the Boundary County Treasurer certifying that there are no county property taxes due and unpaid on the lands contained within the plat.
        8. If the plat is located within one (1) mile of an incorporated city or within the area of impact for a city, the plat shall contain a place for the signature of the city council or city engineer and the city clerk, signifying acceptance and approval of the city council.
        9. If the plat is located within any special purpose district, the plat shall contain a certificate bearing the signature of the appropriate official of such district signifying the plat's compliance with the regulations of the district and/or the relevant provisions of Idaho Code.
        10. A place for the signature of the chairman of the board of county commissioners signifying the board's approval of the plat for filing and recording.
        11. A place for the signature of the Boundary County Clerk of Court certifying recordation of the plat.
        12. A place for the signature of the designated county surveyor, with surveyor's fee to be paid by applicant.
    B. Upon receipt of two (2) copies of the final plat conforming to the provisions of this section, the zoning administrator shall place the request for final plat approval on the next available agenda of the board of county commissioners. The board may:
        1. Approve the final plat and authorize the chairman of the board to sign the plat for recording with the county clerk.
        2. Postpone action on the final plat pending corrections or additions to the plat.
        3. Postpone action on the final plat pending completion of required improvements.
        4. Postpone action on the final plat pending posting of an acceptable financial guarantee for the completion of required improvements.
        5. Schedule an additional public hearing, with public notification pursuant to Chapter 16, prior to final action if the board finds:
            a. The final plat contains substantial changes from the approved preliminary plat.
            b. The board has received a petition signed by twenty (20) or more affected persons requesting such a hearing.
            c. The board determines that the subdivision is of such size, location, nature or configuration as to have substantial impacts on surrounding land uses or the ability of public agencies and special utility districts to provide service without substantial additional costs to the public.
        6. Deny the final plat if the board feels the applicant has not acted in good faith, either in the completion of subdivision improvements or in compliance with the terms of approval of the preliminary plat. If the board does deny the final plat, the applicant shall have the time remaining on the approval of the preliminary plat or sixty (60) days from denial, whichever is greater, to demonstrate good faith actions and to resubmit the final plat for board consideration.
        7. After approval of the final plat by the board, the applicant shall obtain the signatures on all of the certificates shown on the plat, excepting those of the chairman of the board of county commissioners and the county clerk. Upon presentation of the plat bearing such signatures, the chairman of the board shall sign the plat for recording.

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Section 6: Lot Line Adjustments:
    A. The procedure for lot line adjustments as set forth in this section shall be used for applications which:
        1. Adjust the position of a lot line shown on a recorded plat, where the repositioned lot line does not create any new lots or increase the nonconformity of any affected lot.
        2. Eliminates an existing lot line or lines so that fewer numbers of lots result on a recorded plat.
        3. Makes a change in a notation shown upon a recorded plat, which affects only a single lot or a group of lots under a single ownership.
    B. Applications for lot line adjustment shall be made on forms provided by the zoning administrator and shall include:
        1. The name of the applicant and the applicant's interest in the property.
        2. A description of the proposed lot line adjustment.
        3. Two (2) copies of the current recorded plat, with colored lines clearly showing the lot lines proposed for change or elimination, or the notation proposed to be changed.
        4. A fee as set forth in Chapter 17 of this ordinance.
    C. Upon receipt of a completed application, the zoning administrator shall place the application for a lot line adjustment on the next available agenda of the Planning and Zoning Commission, allowing sufficient time for the public notification as set forth in Chapter 16.
    D. The planning and zoning commission shall consider the application, any comments received and assure that the proposed lot line adjustment would not:
        1. Result in a greater number of lots than are shown on the original plat.
        2. Result in the formation of any lots without access.
        3. Materially or adversely affect adjacent properties.
        4. Materially increase the nonconformity of any lot or lots.
        5. Conflict with the purpose of the zone district in which it is located or the purposes of this ordinance.
    E. Upon consideration, the commission may:
        1. Approve the application.
        2. Approve the application with modifications.
        3. Disapprove the application.
    F. If the commission disapproves the application, it shall convey its decision to the applicant in writing and shall specify any actions the applicant could take to obtain approval.
    G. Upon approval of a lot line adjustment or notation change, the applicant shall cause a final plat to be drawn for recording as an amendment to the original plat, in conformance with Title 50, Chapter 13, Idaho Code. This amended plat shall include signature blocks for signatories of the original plat affected by the lot line adjustment, as determined by the Board of County Commissioners. Two copies of the final plat shall be submitted to the zoning administrator, who shall examine the plat for signature and seal of the engineer and/or surveyor who prepared the plat. The zoning administrator shall then place the final plat on the next available agenda for the board of county commissioners.
    H. The board of county commissioners shall examine the plat for conformance with the provisions of Idaho Code and this ordinance. If the plat is in conformance, the commissioners shall sign the plat for recordation. If the plat is not in conformance, the board shall return the plat to the applicant for correction.

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