Ordinance Text
5-4-4: PRELIMINARY PLAT:
A. Application: In addition to the application requirements in subsection 1-14-2(B) of this Code, an applicant shall file with the City: a copy of the complete application, fees, one (1) electronic full-size PDF copy, two (2) full-sized copies of the preliminary plat with data as required in this section, and a title report or commitment for title insurance, including schedule B, indicating the nature of the applicant’s ownership of land included in the preliminary plat. The City, at least fifteen (15) calendar days before the initial public hearing, shall mail to landowners within five hundred feet (500') of the external boundaries of the lands to be subdivided a notice that the City received an application, the number of acres and proposed number of residential, non-residential, and total lots, proposed land uses, and the dates and times that the application can be reviewed at City offices. After all City comments are addressed by the applicant, and prior to any public hearing on the plat, the applicant shall submit one (1) electronic full-size PDF copy to the City.
1. Form Of Presentation: The information hereinafter required as part of the preliminary plat submitted shall be shown graphically or by note on plans and may comprise several sheets showing various elements or required data. All mapped data for the same plat shall be drawn at the same standard engineering scale, having not more than one hundred feet to an inch (1" = 100'). Whenever practical, scales shall be adjusted to produce an overall drawing measuring twenty four inches by thirty six inches (24" x 36"), but not exceeding forty two inches by sixty inches (42" x 60").
2. Identification And Descriptive Data: The following existing and proposed information shall be shown on the preliminary plat or submitted separately:
a. Proposed name of subdivision and its location by section, township and range, centered at the top, if possible; reference by dimension and bearing to a section corner, quarter section corner, or recorded monument.
b. The following information constituting the name block shall be listed along the right edge, if possible: subdivision name, revision data, name, address and phone number of property owner(s), subdivider, engineer or surveyor who prepared the plat.
c. If the subdivision is to be developed in phases, phase lines, numbers and development data per phase shall be shown on the plat. If changed during development, the subdivider shall obtain City approval of an amended preliminary plat prior to filing an application for final plat.
d. Scale, north arrow and date of preparation including dates of any subsequent revisions.
e. Vicinity map drawn to a maximum scale of one inch equals one thousand feet (1" = 1,000'), clearly showing proposed subdivision configuration in relationship to adjacent subdivisions, roads, parks, schools, waterways, etc.
f. Topography based on current USGS datum shown on the same map as the proposed subdivision layout. Contour lines shown at two foot (2') intervals, referenced to an established bench mark, including location and elevation.
g. Location of water wells, streams, canals, irrigation laterals, private ditches, drains, washes, lakes or other water features; direction of flow; and the regulatory floodplain and floodway boundaries.
h. Location, widths and names of all existing and proposed: platted roads, easements, alleys and bicycle/pedestrian pathways, arrows indicating direction of slopes, type of surface, curb, gutter and/or sidewalks, connections to adjoining lots, and other important features such as railroads, utility rights-of-way and easements of public record, public areas, and permanent structures such as water wells, septic systems and drainfields.
i. Name of any recorded adjacent subdivision, and owner of land not in a subdivision, having a common boundary with the lot.
j. By note, the existing zoning classification of the lot and adjacent land. If the plat includes land for which multi-family, commercial or industrial use is proposed, such areas shall be clearly designated together with existing zoning classification.
k. By note: the total acreage of the subdivision; the total number of lots, cumulative and by phase; the total number of buildable lots by phase; and the total number of common area lots by phase.
l. The subdivision boundary shall be based on an actual field survey including professional stamp. Boundary problems shall be resolved and nonbuildable remnant parcels are prohibited. Show any public dedications of rights-of-way or easements.
m. Names of all property owners adjacent to the exterior boundary of the proposed subdivision.
n. Location and type of utility systems, such as: stormwater, sewer, water, streetlights, fiber and fire hydrants.
o. Typical lot dimensions to scale; dimensions of all corner lots and lots of curvilinear sections of roads; each lot, block and phase numbered consecutively and individually.
p. Designation of all land to be dedicated for public use with purpose indicated. Designation of all land to be used for a common purpose and designate the purpose, including the intended beneficiary and person or entity responsible to maintain the property.
q. Identify any special development area as defined in section 5-4-13 of this chapter.
r. Applicant is responsible to review comprehensive plan maps (including transportation, schools and recreation maps) and include on the preliminary plat respective transportation, school and recreation improvements. Applicant shall pay its prorata share of any improvements recommended by a City approved traffic impact analysis before the City approves the final plat or final plat of the first phase.
3. Proposed Utility Methods:
a. Sewage Disposal: The subdivider shall furnish the subdivision design flows and any special operation of the sanitary sewage facilities proposed. A preliminary layout and statement as to the type of facilities proposed shall appear on the preliminary plat.
b. Water Supply: The subdivider shall furnish the design, operation, volume and quality of the water supply requested and facilities proposed. A preliminary layout and statement as to the type of facilities proposed shall appear on the preliminary plat.
c. Stormwater Disposal: The subdivider shall furnish the design and operation of the stormwater disposal system. A statement as to the type of facilities proposed and an indication of the area to be used for treatment/disposal shall appear on the preliminary plat. All stormwater is to be managed on site.
d. Irrigation System: A statement describing the proposed irrigation system, point of delivery, and preliminary layout shall appear on the preliminary plat.
e. School Capacity: A signed statement from any school district in which the subdivision is located verifying that the proposed subdivision, upon completion, shall not cause or contribute to the Total Service Obligation of any public school that will be serving the subdivision to exceed one hundred and ten percent (110%) Capacity of such school, except as follows:
(1) Small Developments: The foregoing capacity verification shall not be required for subdivisions where the total number of lots is fewer than five (5). A developer shall not be permitted to avoid the obligations of this Subsection (e) by artificially partitioning a large development into smaller developments.
(2) Infill Developments: The foregoing capacity verification shall not be required for subdivision where the total number of lots is fewer than ten (10), and such subdivision is an infill subdivision, which shall mean any proposed subdivision that is immediately adjacent, on at least three sides, to the municipal boundaries of the City of Middleton, and which is also entirely within the municipal boundary of the City of Middleton.
As used in this subsection e., each school’s “Capacity” shall be determined based upon the total of the actual capacity of such primary school facility added to the actual capacity of any permanent structures used to house students at said school facility. Actual capacity of common areas (restrooms, lunchrooms, libraries, and similar spaces) shall be taken into account when determining the actual capacity of additional permanent structures used to house students at a school facility.
As used in this subsection e., Total Service Obligation shall be calculated by adding the total number of built and buildable lots (including lots in all phases of any subdivision that has obtained preliminary plat approval) within the area served by such school together with the total number of buildable lots located within the proposed subdivision, and multiplying said number by the Student-Per-EDU-Number.
As used in this subsection e., Student-Per-EDU-Number means that number, calculated annually by the school districts and acknowledged by the City Council, which is the average number of students expected from each residential dwelling unit built or existing within said school district. There shall be a Student-Per-EDU-Number calculated for each category of students (elementary students, middle school students, and high school students). School districts shall use a reasonable and substantiated method for determining the Student-Per-EDU-Number.
B. Compliance: Subdividers shall comply with the neighborhood meeting, application and public hearing provisions as described in title 1, chapter 14 of this Code.
C. Off-Site Road Improvements: All off-site transportation improvements must be completed as part of the first phase of subdivision construction, unless otherwise approved by city council.
D. Additional Standards: The subdivider shall follow the “Idaho Standards for Public Works Construction” and the Middleton Supplement thereto in effect at the time the final plat application is accepted by the City.
E. Amended Preliminary Plats: If phase lines, numbers and/or development data change during development, the subdivider shall obtain City approval of an amended preliminary plat prior to filing an application for final plat.
F. Time Limitations:
1. Two year limit. A preliminary plat is valid for two (2) years. Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat for the subdivision or final plat for phase one (1) of the subdivision within two (2) years of the approval of the preliminary plat.
2. Phased development. If the preliminary plat will be developed in phases, the final plat applications shall be submitted in consecutive order. Applicant must obtain the city engineer’s signature on the final plat for each phase within successive intervals of two years.
3. Authorized extension. Upon written request by the applicant prior to the termination of the time periods noted in subsections (1) and (2) of this section, the Planning & Zoning Official may authorize a single extension of time, not to exceed one (1) year, to obtain the city engineer’s signature on a final plat. City Council may approve an additional time extension of one (1) year if developer submits a written request for extension prior to the expiration of the previous extension period.
4. Failure to meet timetable. If the above timetable is not met and the applicant does not receive a time extension, applicant must complete the platting process again in order to continue developing the property.
G. Standards for Approval/Denial of Preliminary Plats:
1. The planning and zoning commission shall make recommendations regarding, and the city council shall approve, conditionally approve, or deny, preliminary plat applications based upon the following (and shall make written findings based upon the same):
a. The plat is in compliance with the Middleton City Code and standards;
b. The plat is consistent with the city comprehensive plan;
c. City services and utilities, including water and sewer capacity, are available and adequate to accommodate the proposed subdivision;
d. The plat is consistent with the city transportation master plan; and
e. The subdivision preserves natural, scenic or historic features, if applicable.
The availability and adequacy of City services and utilities (water and sewer) shall be based upon the reasonable calculation of the City Engineer and City Public Works Director, based upon generally accepted methodologies. Utility availability shall be determined based upon City water system and City sewer system capacity, current facility use, and all previously approved development or other allocation of facility capacity. (Ord. 609, 7-3-2018; Ord. 620, - -2019; Ord. 633, 9-16-2020; Ord. 659, 1-19-2022; Ord. 673, 1-4-2023; Ord. 689, 3-6-2024; Ord. 693, 4-17-2024)
Source: American Legal Publishing — codelibrary.amlegal.com — public domain
Official Source ↗
Root-LD Entity Data
◈ Machine-Readable Provenance Record
boisestandard.org · municipal corpus
Federation ID
bs-aml-mid-173585456282f45f
Doc ID
0-0-0-1873
Domain Signature
boisestandard.org
Jurisdiction
Middleton, Idaho — United States
City
Middleton
County
Canyon County
Publisher
American Legal Publishing
Source Verified
✓ TRUE
Navigate — Middleton City Code of Middleton
Nearby Sections
5-3-4: CONFLICTING PROVISIONS:CHAPTER 4 STANDARDS5-4-1: LAND USE, SETBACK AND AREA TABLES:5-4-2: ACCESSORY STRUCTURES:5-4-3: TRAFFIC IMPACT ANALYSIS:5-4-4: PRELIMINARY PLAT:5-4-5: CONSTRUCTION DRAWINGS:5-4-6: AS-BUILT CONSTRUCTION DRAWINGS:5-4-7: FINAL PLAT:5-4-8: COMBINING PRELIMINARY AND FINAL PLATS:5-4-9: ADMINISTRATIVE LOT SPLITS AND BOUNDARY5-4-10: DESIGN AND DEVELOPMENT STANDARDS:5-4-10-1: GENERAL:5-4-10-2: ROADS:5-4-10-3: BLOCK REQUIREMENTS:
Middleton Municipal Code — public domain
← Middleton Code Index