07-17-21: MINOR REPLATS AND AMENDMENTS:

This section establishes the procedure and requirements for making minor modifications to a previously recorded subdivision plat or portion of a plat, when the modification cannot be accomplished as a simple change to a recorded plat in accordance with section 07-17-19: of this article. A minor correction on a final plat or an amendment that does not create a new lot or alter the character or purpose of a subdivision, may be made by application to the director who shall determine the validity of the requested correction and record, at the applicant's expense, any approved change. A new mylar and signature page reflecting the correction or amendment shall be required. Minor modifications include insignificant changes in wording, corrections, adjustments between platted and unplatted parcels, consolidations and lot line adjustments for up to five (5) lots where easements not utilized are adjusted with the lot line.

Substantial changes to a recorded plat must comply with the requirements of section 07-17-13: of this article, and may not be accomplished through the provisions of this section. Substantial changes include those that would affect the location of public streets or private roads, septic systems, building envelopes, no build envelopes, easements or utilities that are currently utilized; adjustments that would create additional lots; adjustments that would affect more than five (5) lots; or significant changes in plat language that might affect a property owner's use of their land, or of commonly held land or easements. (Ord. 16-007, 6-20-2016)

   (1)   Application For Approval Of Minor Replat Or Amendment:

      A.    A completed application must be submitted to the director with the following documents:

         1.    Completed application form signed by the property owners whose land is included in the amended plat or replat, or a notarized letter of authorization by the property owners and a sufficient number of copies, as determined by the director, for each agency/organization reviewing the application, shall be submitted by the applicant.

         2.    Fees.

         3.    Preliminary title report for all lots to be replatted or amended.

         4.    A plat meeting the final plat requirements of section 07-17-13: of this article and Idaho Code, title 50, chapter 13. The title of the plat shall state that it is a replat or an amendment of the subdivision or of the particular lots within the subdivision.

         5.    Narrative explaining the proposed changes to the plat.

   (2)   Approval Process And Requirements: When an application for approval of a minor replat or amendment of a recorded plat is filed the following procedure applies:

      A.    The director shall provide a copy of the completed application packet to the affected agencies.

      B.    Within thirty five (35) calendar days of the acceptance of application, the director shall review the relevant evidence in the record and issue findings and an order of decision. The findings shall cite the applicable legal standards; state the evidence and conclusions on which the decision was based; explain any relevant contested facts and the evaluation of these facts; and if the decision is denied, any action the applicant could take to gain approval.

      C.    To approve a minor replat or amendment, the director must make a finding that the proposed changes and the plat are in compliance with Idaho Code, title 50, chapter 13 and with the requirements of the county and other agencies; that the proposed changes are not substantial in nature; and that there will be no negative effects on public agencies and private corporations that provide services and facilities for the subdivision.

      D.    Within one hundred twenty (120) calendar days of approval, the mylar plat must be submitted in a form ready to record. The applicant shall obtain all required signatures on the plat. If the plat is not submitted for recordation within one hundred twenty (120) days and an extension is not granted by the director, approval is null and void and a new application must be submitted. The director may grant an extension for good cause.

   (3)   Appeal: Any affected person who is aggrieved by the director's decision may file a written notice of appeal in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)