A.   The purpose of this chapter is to promote the public health, safety and general welfare of present and future residents of the city, and to bring about a coordinated and efficient development of the city, as well as the following items:

      1.   To protect property rights and enhance property values.

      2.   To ensure that public facilities and services are provided to the people at reasonable cost.

      3.   To ensure the economy and important environmental features of the city are protected and enhanced.

      4.   To encourage urban and urban type development while avoiding undue concentration of population and overcrowding of land.

      5.   To ensure that the development of land is commensurate with the physical characteristics of the land.

      6.   To protect fish, wildlife, and recreation resources while avoiding undue water and air pollution. (1984 Code § 11-4-1)

   B.   For these reasons, the following regulations of this chapter for nonresidential subdividing of land within the city are hereby adopted. (1984 Code § 11-4-1; amd. 2014 Code)

The regulations of this chapter shall apply to the subdividing of all nonresidential land within the corporate limits of the city, and the subdividing of all nonresidential land within the city impact area:

   A.   Every owner proposing a "nonresidential subdivision", as defined in section 10-16A-4 of this article, shall cause the same to be engineered and surveyed and a plat and construction plans made thereof, which shall particularly and accurately describe and set forth all the streets, easements, slopes, grades, elevations, public grounds, blocks or lots, and other essential information, and shall record such plat.

   B.   The dividing of land into five (5) or more tracts, lots or parcels for transfer of ownership or building development.

   C.   The regulations in this chapter shall not apply to any of the following: (1984 Code § 11-4-2)

      1.   A lot or parcel line adjustment. See section 10-9-11 of this title. (1984 Code § 11-4-2; amd. 2014 Code)

      2.   A land division plan. See chapter 7, article E of this title.

      3.   An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property hereunder.

   D.    Improvements shall be provided subject to the requirements outlined in Chapter 7, Articles A, B, C, D, F, G, and H, as well as Chapter 15, Article D. (1984 Code § 11-4-2; amd. Ord. 682, 5-10-2021)

Pursuant to Idaho Code section 67-6509, the procedures adopted for the conduct of hearings are to apply to all hearings held pursuant to this chapter. (1984 Code § 11-4-4)

For the purpose of this chapter, the following definitions shall apply:

CITY ENGINEER: The city civil engineer, city transportation engineer, city water engineer, and city sewer engineer as appointed by the mayor and confirmed by the city council.

DEDICATION: The setting apart of land or interest in land for use by the public. Land becomes dedicated when accepted by the city council.

NONRESIDENTIAL SUBDIVISION: A tract of nonresidential land divided into five (5) or more lots, parcels or sites.

PLAT, PRELIMINARY: A preliminary plat of a proposed nonresidential subdivision of a parcel of land, containing the elements and requirements set forth in this chapter.

TRAFFIC IMPACT STUDY (TIS): A study to be completed by a professional engineer registered in the state of Idaho which identifies, analyzes and provides recommendations for mitigating the impacts that a proposed development will have on the surrounding surface transportation system, including existing and anticipated vehicle and pedestrian facilities.

UTILITIES: The installation of water, sewage, gas, irrigation, cable television, telecommunication lines or electricity and similar facilities providing service to and used by the public. (1984 Code § 11-4-4; amd. 2014 Code; Ord. 682, 5-10-2021)

A land division plan can be utilized to create up to four (4) nonresidential parcels. See chapter 7, article E of this title. (1984 Code § 11-4-5; amd. Ord. 682, 5-10-2021)

   A.   Variances: Whenever a 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 the regulations of this chapter would result in substantial hardship or inequity, the city council may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner, but so at the same time, the public welfare and interest of the city are protected, the general intent and spirit of said regulations are preserved, and conformity to achievement of the comprehensive general plan is assured. The variance procedure shall be as specified in chapter 13 of this title.

   B.   Appeals: The appeal procedure shall be as specified in section 10-2-10 of this title. (1984 Code § 11-4-6; amd. 2014 Code)

Any person violating any of the provisions of this chapter shall not be entitled to the issuance of any building permits for construction of buildings or otherwise on the land being subject to nonresidential subdivision under the provisions of this chapter. (1984 Code § 11-4-7; amd. 2014 Code)

A plat shall be drawn for each “nonresidential subdivision”, as defined in section 10-16A-4 of this chapter, of land and submitted to the planning and zoning commission, as provided in this article. (1984 Code § 11-4A-1-1; amd. Ord. 682, 5-10-2021)

   A.   No plat or description of land subdividing shall be filed in the office of the county recorder until the same has been approved by the planning and zoning commission in preliminary and final plat form as required in this article.

   B.   No lots shall be sold from any plat until the plat has been recorded in the office of the county recorder. (Ord. 682, 5-10-2021)

Prior to submitting a preliminary plat, an applicant shall submit a nonrefundable fee, as established by resolution of the City Council and as may be amended from time to time, to the city clerk. This fee shall be for mailing and processing costs and shall be in addition to any other fees or costs, including professional staff review fees as provided in Title 9, Chapter 5 of this code. (1984 Code § 11-4A-1-2; amd. Ord. 682, 5-10-2021; Ord. 712, 2-10-2025)

The planning and zoning commission will review the preliminary and final plats and/or construction drawings for conformance to the standards contained in this chapter, and will inspect all construction, or inspection may be delegated to a public works supervisor or other authorized agent. (Ord. 682, 5-10-2021)

Any owner desiring to subdivide a piece of land within the city shall file with the zoning administrator copies of the preliminary plat as required, together with a letter requesting that the preliminary plat be considered by the planning and zoning commission. (1984 Code § 11-4A-2-1; amd. Ord. 682, 5-10-2021)

The subdivider shall prepare a preliminary plat and such other supplementary material as may be required to indicate to the planning and zoning commission the general objectives of the subdivision. The subdivider shall submit to the city fifteen (15) copies of the preliminary plat. The subdivider shall also submit one copy in an eleven inch by seventeen inch (11" x 17") size. If the warrants for a traffic impact study are met with the proposed development, five (5) copies of the completed and signed traffic impact study shall be submitted concurrently with the preliminary plat to the planning and zoning commission. (1984 Code § 11-4A-2-2; amd. Ord. 682, 5-10-2021)

   A.   The zoning administrator may transmit one copy each of the preliminary plat to the following agencies for review and recommendations, and may request recommendations from such other agencies as he may deem necessary: (1984 Code § 11-4A-2-3)

   City building official.

   City engineers.

   City of Fruitland public works department.

   Drainage district 5 (if said plat abuts or crosses).

   Farmers Mutual Telephone Company.

   Fire chief.

   Fruitland school district 373.

   Highway district 1.

   Idaho Power Company.

   Idaho transportation department (if said plat abuts).

   Intermountain Gas Company.

   Irrigation district appropriate to area being platted.

   Marathon Pipeline (if said plan abuts or crosses).

   Payette County assessor.

   Postmaster.

   Treasure Valley Classical Academy.

   Williams Northwest pipeline (if said plat abuts or crosses).

   B.   The zoning administrator shall transmit one copy of the preliminary plat and the traffic impact study, where applicable, to the city engineer for review and recommendations. The city engineer’s review fees shall be paid by the subdivider.

   C.   If no written recommendation from any agency listed in subsection A of this section is received within fifteen (15) days after such notification, the approval of the preliminary plat by such agency will be considered to be granted. (1984 Code § 11-4A-2-3; amd. 2014 Code; Ord. 682, 5-10-2021)

The planning and zoning commission shall approve, approve conditionally or disapprove the preliminary plat within forty five (45) days of the date at which said completed plat application is first received. If the preliminary plat is disapproved or approved, or approved conditionally, the reasons for such action shall be stated in writing, a copy of which, signed by the zoning administrator, shall be attached to one copy of the preliminary plat and transmitted to the applicant. (Ord. 682, 5-10-2021)

The time limits for acting on the preliminary plat, as specified in this section, may be extended by mutual consent of the subdivider and the planning and zoning commission, as the case may be. (1984 Code § 11-4A-2-5; amd. Ord. 682, 5-10-2021)

   A.   Preliminary plats shall be drawn on a twenty four inch by thirty six inch (24" x 36") sheet size and at a scale of not less than one hundred feet to the inch (100' = 1"), except that it may be smaller by approval of the city engineer and zoning administrator, and shall show the following:

      1.   The scale, north point, date, township, range, section and quarter section of subject parcel;

      2.   The name of the proposed subdivision;

      3.   The name, email address, and address of the owner of record, the subdivider and engineer, surveyor or person preparing the plat;

      4.   The names, with locations of intersecting boundary lines, of adjoining subdivisions, and the location of the city limits if falling within or immediately adjoining the tract;

      5.   The land contours with appropriate vertical intervals referenced to datum and at intervals acceptable to the city engineer; provided, however, that where authorized by the city engineer, contour data may be provided in form of spot elevations at street intersections and in drainage channels;

      6.   The location of existing buildings, water bodies or courses, and the location of dedicated streets at the point where they adjoin and/or are immediately adjacent to; provided, that actual measured distance shall not be required;

      7.   The boundaries of the tract, as determined by a legal survey area of the tract, the proposed location, right of way width and pavement width of streets and alleys, the proposed locations and width of easements, proposed lot lines, the radius of all curves and approximate lot dimensions;

      8.   The existing zoning boundary lines defining the proposed use of all portions of the subdivision;

      9.   The proposed street names and system of consecutively numbering lots and blocks;

      10.   The locations, approximate size and proposed use of all land intended to be dedicated for public use or reserved for the use of all property owners within the proposed subdivision;

      11.   The location of sanitary and storm sewers, irrigation lines and facilities, water mains, culverts and other surface and subsurface structures existing within or immediately adjacent to the proposed subdivision; and the locations, layout type of any proposed water mains and storage facilities, sanitary mains and laterals, storm sewers, irrigation lines and facilities, culverts and drainage structures, street improvements and any other proposed utilities;

      12.   The location of all drainage structures and the proposed method of disposing of all runoff from the proposed subdivision, and the location of all drainage easements relating thereof, whether they are located within or outside the proposed plat.

   B.   A vicinity map of the proposed subdivision shall accompany the preliminary plat at an appropriate scale. The vicinity map shall show the following features within one-half (1/2) mile of the exterior boundary of the proposed subdivision:

      1.   Names and right of way widths of proposed and existing public highways, arterials and collector roads;

      2.   City limits;

      3.   Government section lines;

      4.   Named rivers, streams, drainages and canals. (1984 Code § 11-4A-2-6; amd. Ord. 682, 5-10-2021)

A traffic impact study (TIS) shall be performed by a professional engineer licensed in the state and employed by the developer when one or more of the following apply:

   A.   Full TIS: A full TIS shall be required for any development that will generate:

      1.   One hundred (100) or more added (new) peak direction trips to or from the site during the adjacent roadway's peak hours or the development's peak hours;

      2.   One thousand (1,000) or more added (new) vehicle trips per day;

      3.   The proposed development will add fifteen thousand (15,000) square feet or more retail space;

      4.   The proposed development will add thirty five thousand (35,000) square feet or more office space;

      5.   The proposed development will add seventy thousand (70,000) square feet or more industrial space;

      6.   The proposed development will have a significant impact on a roadway, as determined by the city transportation engineer.

A full TIS shall be completed in accordance with the city "Traffic Impact Study Requirements" for any development meeting these thresholds.

   B.   Modified TIS: A modified TIS shall be required for any development that will generate:

      1.   Fifty (50) to ninety nine (99) added (new) peak direction trips to or from the site during the adjacent roadway's peak hours or the development's peak hours;

      2.   Five hundred (500) to nine hundred ninety nine (999) added (new) vehicle trips per day.

The developer shall meet with the city transportation engineer prior to completing the modified TIS. The purpose of this meeting will be to identify the modified requirements for the TIS.

   C.   City Authority To Require: The city reserves the right to require a TIS for any and all new development or redevelopment, regardless of the thresholds previously listed. (1984 Code § 11-4A-2-7)

   A.   After the approval or conditional approval of the preliminary plat, the subdivider may cause the subdivision, or any part thereof, to be surveyed and a final plat prepared in accordance with the preliminary plat as approved.

   B.   The final plat, prepared in accordance with Idaho Code title 50, chapter 13, and the provisions set forth in this chapter, shall be filed with the zoning administrator, together with a letter requesting that it be considered by the planning and zoning commission.

   C.   Such final plat, when submitted, shall be accompanied by prints thereof, as required, and three (3) sets of prints of the plans and (complete) construction drawings and specifications for all proposed and required improvements as required by this chapter. (1984 Code § 11-4A-3-1; amd. Ord. 682, 5-10-2021)

   A.   Filing of the final plat may be made within one year after action by the planning and zoning commission on the preliminary plat.

   B.   Failure to file a final plat within one year after action by the city council planning and zoning commission approving the preliminary plat shall cause all approvals of the preliminary plat to be voided; provided, however, that upon application of the subdivider, the planning and zoning commission may grant extensions for reasonable cause in one year increments, with the understanding the annual extension be approved by the city engineer, based on the preliminary plat, and improvement standards are in conformance with the standards in place at approval time. (1984 Code § 11-4A-3-2; amd. Ord. 682, 5-10-2021)

At the time of approval of the final plat, the city council shall accept offers of dedication to the public shown thereon and shall, as a condition precedent to the acceptance of any streets or easements, require that the subdivider improve the streets and easements in accordance with standards established under this chapter. (1984 Code § 11-4A-3-7; amd. Ord. 682, 5-10-2021)

The final plat shall be drawn at such scale and contain on the front lettering of such size, including reference to dedication and affidavit of survey, as to enable the same to be placed upon a single sheet eighteen inches by twenty four inches (18" x 24") in size, with no part thereof nearer to the edge of said sheet than one inch (1"), and shall be in full accordance with provisions of the state law, Idaho Code title 50, chapter 13. The reverse of said sheet shall not be used for any portion of the drawing but may contain written matter as to dedication and other information. (1984 Code § 11-4A-3-8; amd. Ord. 682, 5-10-2021)

The final plat shall clearly show the following:

   A.   The exterior boundary of the platted tract shall show distance and bearing ties to the primary control monuments. Primary control points, approved by the city engineer, or a description and ties to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referenced. Such primary control points must include either a section corner, quarter section corner or meander corner according to government survey.

   B.   Location and description of monuments.

   C.   Show all tract boundary lines, property lines, lot lines and right of way lines of streets, easements and other rights of way. Include typical sections of all streets. Lines shall be labeled with accurate dimensions in feet and decimals thereof and bearings in degrees, minutes and seconds, relative to the established basis of bearings. Curves shall be shown with radii, arc length and chord lengths in feet and decimals thereof; central angles and chord bearings in degrees, minutes and seconds.

   D.   Names and locations of adjoining subdivisions. Adjoining parcels which are not subdivisions shall be labeled “unplatted”.

   E.   Name and right of way width of each street or other right of way.

   F.   The location, dimensions and purposes of all easements.

   G.   The blocks numbered consecutively throughout the entire subdivision and lots numbered consecutively throughout each block, with areas to be excluded from platting marked “Reserved” or “Not A Part”.

   H.   The outline of any property, other than streets or alleys, by lengths and bearings, with the area marked “Public” and showing the proposed use.

   I.   A title which shall include the name of the subdivision, name of the city, county and state, and the location and description of the subdivision referenced to section, township and range.

   J.   Scale, north arrow. Drawing scale shall be shown by a graphic bar scale and text indicating the number of feet in an inch on the drawing, i.e., scale: one inch equals sixty feet (1" = 60'). Also include a “basis of bearing”.

   K.   Location, width and name of all existing or platted streets or other important features, such as the general outline of the following: existing buildings, watercourses, power lines, telephone lines, railroad lines, any existing easements, municipal boundaries, section lines and restrictive covenants as required or assured. Existing easements shall be labeled with the recording instrument number found in the county clerk’s office. Restrictive covenants shall be noted with the recording instrument number found in the county clerk’s office, or, if no restrictive covenants are filed for the subdivision, a note stating that:

      No restrictive covenants have been established or adopted for this subdivision at the time of first recording.

   L.   Certification by a professional land surveyor preparing said plat certifying the accuracy of the survey and plat shall appear on the plat.

   M.   Certification by the owner, including dedication of all streets, rights of way and any sites for public use and grant on any existing or proposed easements.

   N.   Acknowledgment by signature of the county surveyor and signature of the city engineer.

   O.   Certification and signature of the city clerk verifying that the final plat complies with state law, Idaho Code title 50, and with this chapter.

   P.   Certification and signature of the zoning administrator verifying city council approval of the final plat and acceptance of streets, alleys, easements and public land dedications.

   Q.   Certification and signature of the county treasurer verifying that all taxes and levies against said property are currently paid, prior to the filing of said plat, and pursuant to Idaho Code. (1984 Code § 11-4A-3-9; amd. Ord. 682, 5-10-2021)