8-6-26: SUBDIVISION PLATS - PRELIMINARY PLAT:

   A.   Applicability: This Section applies to any application for approval of a preliminary plat of subdivision.

   B.   Initiation:

      1.   Generally: A preliminary plat application shall be submitted to the Director.

      2.   Required Information: The preliminary plat shall include the following required information:

         a.   The subdivision boundary that is based on an actual field survey including the stamp of the licensed in the state of Idaho professional land surveyor certifying and stamping the boundary survey of the plan. Boundary problems shall be resolved, and non-buildable remnants are prohibited. For purposes of this subsection, a "non-buildable remnant" means a lot that does not meet the minimum lot size requirements of the applicable zoning district. Certification and stamping of the plan by the professional land surveyor is required only for the boundary survey.

         b.   The name of the owner.

         c.   The name of the person or firm responsible for the drawing.

         d.   The name of the proposed subdivision in accord with Idaho Code Section 50-1307.

         e.   The date, graphic scale, true north arrow, vicinity map, section, township, and range.

         f.   Ties to all controlling corners.

         g.   The names of neighboring subdivisions as listed in the Ada County Assessor's files.

         h.   The names of owners of neighboring properties as listed in the assessor's files, and the boundaries of all neighboring properties.

         i.   The name, location, width, direction of slope, centerline and right of way of all existing and proposed public streets and private roads.

         j.   The proposed off-site improvements pertaining to streets, water supply, sanitary sewer systems, storm water systems, fire protection facilities, and proposed utilities.

         k.   The lot layout with lot and block numbers, lot dimensions, and lot area in square feet.

         l.   The minimum setbacks from the front, the side, and the rear property lines.

         m.   Areas of special use, e.g., parks and schools, with appropriate labels.

      3.   Separation Of Information: Separate drawing(s) may be required to assist in delineation of specific information.

   C.   Completeness: See Section 8-6-5.

   D.   Notice: See Section 8-6-8.

   E.   Decision:

      1.   Staff Review: The Director shall review the application and prepare and send a recommendation for the Commission's review.

      2.   Commission Review: The Commission shall review the application and submit its recommendation to the Board:

         a.   To approve the application; or

         b.   To disapprove the application; or

         c.   To approve the application with conditions.

      3.   Board Decision: See Section 8-6-25E2 (Decision Types).

   F.   Required Findings: The Board shall find the following before approving a preliminary plat:

      1.   The design conforms to the standards established in Chapter 5;

      2.   The design complies with the required improvements established in Section 8-5-7;

      3.   If applicable, the proposed subdivision complies with the standards of an overlay district as set forth in Chapter 2 of this Title;

      4.   The design conforms to the topography and natural landscape features and shows consideration for the location and function of land uses and structures to achieve this purpose;

      5.   The development would not cause undue damage, hazard, or nuisance to persons or property in the vicinity;

      6.   The internal street system is designed for the efficient and safe flow of vehicles, bicycles, and pedestrians without disrupting the activities and functions contained within the proposed subdivision, or placing an undue burden upon existing transportation and other public services in the surrounding area;

      7.   Community facilities such as parks, recreation, and dedicated open space areas are functionally related to all dwelling units and are easily accessible via pedestrian and/or bicycle pathways;

      8.   The proposal complies with the dimension standards set forth in this Title for the applicable zoning district;

      9.   The overall plat conforms to the applicable comprehensive plan(s), future acquisition maps, area of impact ordinances including applicable subdivision regulations, and other pertinent ordinances; and

      10.   In addition to the findings required above, the Board shall make the following findings for preliminary plats located in a Planned Community base district:

         a.   The preliminary plat conforms to the approved planned community implementation plan; and

         b.   Sufficient funds will be available to construct the urban public facilities and to provide urban public services.

   G.   Required Findings - Planned Community Preliminary Plat:

      1.   Accord With The Comprehensive Plan: Despite any other regulations to the contrary, each preliminary plat within a planned community shall be in accordance with the approved planned community comprehensive plan and the applicable planned community overlay district.

      2.   Time Of Submission: A preliminary plat must be submitted to the Director no later than two (2) years from the date the planned community implementation plan is approved.

      3.   Additional Application Requirements: In addition to other requirements in this Chapter, the following information shall be submitted with every preliminary plat application in a PC base district, and shall be specific to the area that the preliminary plat encompasses:

         a.   Land Use: A color keyed land use designation sheet.

         b.   Landscape: A landscape plan in compliance with the applicable overlay district.

         c.   Urban Public Services: A written description of the urban public services provided and how they comply with the urban public services standards set forth in Chapter 12 of this Title.

         d.   Open Space: A written description of the types and sizes of developed and natural open space, including a detailed description of the ownership, operation, and maintenance structure.

         e.   Community Center: A written description of the community meeting centers and/or recreation centers, if applicable.

         f.   Water Supply: A demonstration that existing and/or proposed water rights are available within the entire boundary of the planned community as identified on the official zoning map by supplying the following, as applicable:

            (1)   For an existing or new private water company or water district or water from a private source:

               (A)   A letter indicating that the planned community is serviceable by said entity in accordance with the existing rules and regulations as filed with the Idaho Public Utilities Commission (IPUC) as applicable, or a letter indicating that the planned community is serviceable after obtaining approval from the IPUC, including a copy of the application filed with the IPUC as applicable;

               (B)   A letter from the Idaho Department of Water Resources (IDWR) indicating that existing water rights, proposed changes to existing water rights, and/or proposed new water rights are currently sufficient for the proposed planned community or will be sufficient after obtaining approval from the IDWR. A copy of the water rights documents and/or applications therefore filed with IDWR shall be included with the application for preliminary plat; and

               (C)   A description of how the landscaping within the boundaries of the planned community will be irrigated, which shall include the source(s) of the irrigation water and verification from IDWR that the existing and/or proposed irrigation water rights are currently sufficient, or will be sufficient after obtaining approval from IDWR. Copies of such water rights documents or applications, therefore, shall be included with the preliminary plat application.

         g.   Urban Public Services Construction: A demonstration that sufficient assets and funds are available to construct necessary urban public facilities required to meet urban public service standards in Chapter 12 of this Title, if applicable, as shown in the implementation plan, including, but not limited to:

            (1)   If the preliminary plat is being processed concurrently with the implementation plan then the following information shall be submitted:

               (A)   To the extent privately financed, a written verification of adequate owner and partner equity assets in possession required to secure planned financing as set forth in the cash flow pro forma, including, but not limited to, cash reserves, land, and other assets meeting standard lending criteria of established lenders; and

               (B)   To the extent financed with public resources, a written verification of adequate owner and partner equity assets in possession required to secure tax exempt public funds and/or bonds identified as financing tools in the cash flow pro forma, including, but not limited to, cash reserves, land, and other assets meeting standard lending criteria of established public lending entities; or

            (2)   If the preliminary plat application is not being processed concurrently with the implementation plan, then the following material shall be submitted:

               (A)   An updated cash flow pro forma consistent with implementation plan financing plan requirements and reflecting changes in market, economic, and/or financial changes since the planned community implementation plan approval;

               (B)   To the extent privately financed, a written verification of adequate owner and partner equity assets in possession required to secure planned financing as set forth in the updated cash flow pro forma, including, but not limited to, cash reserves, land, and other assets meeting standard lending criteria of established lenders; and

               (C)   To the extent financed with public resources, a written verification of adequate owner and partner equity assets in possession required to secure tax exempt public funds and/or bonds identified as financing tools in the updated cash flow pro forma, including, but not limited to, cash reserves, land, and other assets meeting standard lending criteria of established public lending entities; or

            (3)   If urban public facilities will be constructed and owned by a municipality or a regulated public utility, then a certificate of service from the municipality or regulated public utility shall be a prima facie demonstration that sufficient assets and funds are available to construct the relevant urban public facilities required to meet urban public service standards in Chapter 12 of this Title, if applicable, as shown in the planned community implementation plan; or

            (4)   If urban public facilities will be constructed and owned by a taxing district, then compliance with the following requirements shall be a prima facie demonstration that sufficient assets and funds are available to construct the relevant urban public facilities required to meet urban public service standards in Chapter 12 of this Title as shown in the planned community implementation plan:

               (A)   The area encompassed by the planned community must be included within the district boundaries;

               (B)   The urban public facility must be a programmed urban public facility; and

               (C)   The district must provide a certificate of service for the relevant area.

         h.   Urban Public Services Operation And Maintenance: A demonstration that sufficient funds will be provided and set aside for funding the operation and maintenance costs of urban public services (including capital renewal and replacement costs) as specified in the implementation plan, including, but not limited to:

            (1)   If the preliminary plat application is being processed concurrently with the implementation plan, then the following information shall be submitted:

               (A)   A written description of the amounts needed to be placed in reserve accounts for operations and maintenance reserves and verification of the dedicated source of owner and/or partner assets sufficient for reserves establishment. The amounts needed to be placed in reserves may take into account the transition plan, the availability of other financial assurances, the availability of sources of funding identified in the pro forma or some combination of the above;

               (B)   A written assessment of the current valuation of unimproved, unencumbered landholdings or other assets in hand that can or may be utilized as collateral to secure funding separately for operations and maintenance as identified in the cash flow pro forma; and

               (C)   If facilities operation will be contracted to an independent service provider, a written identification of potential operator(s) and a description of and verification of operator(s) qualifications and financial standing; or

            (2)   If the preliminary plat application is not being processed concurrently with the implementation plan, then the following material shall be submitted:

               (A)   An updated cash flow pro forma consistent with the planned community implementation plan financing plan requirements and reflecting changes in market, economic, and/or financial changes since the planned community implementation plan approval and the following material;

               (B)   A written description of the amounts needed to be placed in reserve accounts for operations and maintenance reserves and verification of the dedicated source of owner and/or partner assets sufficient for reserves establishment; the amounts to be placed in reserve may take into account the transition plan, the availability of other assets and financial assurances, the availability of sources of funding identified in the pro forma or a combination thereof;

               (C)   A written assessment of the current valuation of unimproved, unencumbered landholdings or other assets in hand that can or may be utilized as collateral to secure funding separately for operations and maintenance as identified in the updated cash flow pro forma; and

               (D)   If facilities' operation will be contracted to an independent service provider, a written identification of potential operator(s) and a description of and verification of operator(s) qualifications and financial standing; or

            (3)   If urban public services will be provided by a municipality or regulated public utility, then a certificate of service from the municipality or regulated public utility shall be a prima facie demonstration that sufficient assets and funds are available to provide the relevant urban public service, and to operate and maintain the relevant urban public facilities required to meet urban public service standards, for the service being provided by the municipality or regulated public utility, in Chapter 12 of this Title as shown in the planned community implementation plan; or

            (4)   If urban public services will be provided by a taxing district, then compliance with the following three (3) requirements shall be a prima facie demonstration that sufficient assets and funds are available to provide the urban public service and to operate and maintain the relevant urban public facilities required to meet urban public service standards, for the service being provided by the taxing district as shown in the planned community implementation plan:

               (A)   The area encompassed by the planned community must be included within the district boundaries;

               (B)   The urban public service must be a programmed urban public service; and

               (C)   The district must provide a certificate of service for the relevant area.

         i.   Transportation: The previously approved traffic impact study shall be updated with each preliminary plat based upon the best available data and shall be submitted to ITD and ACHD thirty (30) days prior to submission of the preliminary plat to the Director. An updated comprehensive transportation demand management program may be required.

      4.   Financing Verification Application: Prior to grading, filling, clearing, excavation or construction of any kind associated with an approved preliminary plat, including that required for infrastructure improvements, an application for financing verification shall be approved by the Director as follows:

         a.   An application and fees as set forth in Chapter 6 of this Title shall be submitted to the Director on forms provided by the development services department and shall include the following material:

            (1)   A final cash flow pro forma, consistent with final verification of sufficient project financing required herein, for urban public services;

            (2)   A demonstration that sufficient assets, funds and financing are secured for construction of the urban public facilities, including, if applicable, that the planned community owner has paid or will pay pursuant to an approved transition plan, its proportionate share (based on a minimum density of 3 dwelling units per acre within the applicable response time area) of any unfunded capital improvement costs required to construct any required new municipal or district facilities;

            (3)   A demonstration that sufficient assets, funds and financing are secured or are identified in the approved pro forma for operation and maintenance costs of urban public services (including capital renewal and replacement costs of necessary urban public facilities), including, if applicable, that the planned community owner has received approval on a petition to prepay taxes per Idaho Code Section 63-1602 as necessary to cover any temporary shortfall caused by the necessity for the applicable municipality or district to provide applicable urban public services at urban public service levels until tax revenue collection covers the cost of providing services including amortizing the prepayment.

   H.   Appeals: See Section 8-6-13.

   I.   Scope Of Approval:

      1.   Approval of a preliminary plat does not constitute acceptance of the subdivision but authorizes preparation of the final plat.

      2.   Improvements shown on the preliminary plat may be constructed following approval.

      3.   Preliminary plat approval is effective for a period of twenty-four (24) months. Where a final plat for the subdivision is not submitted for approval within the twenty-four (24) months, the preliminary plat becomes nullified, and the applicant shall resubmit a new preliminary plat application for approval subject to the then effective regulations.

(Ord. 1002, 10-28-2025)