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0673 Platting Requirements and Procedures 2009CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 6 7 3 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, DELETING ALL THE PROVISIONS IN CHAPTER 17.12 PROVIDING FOR WAIVER OF PLAT; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 17.12 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Intent. The city's original Land Use and Development ordinance adopted in 1979 provided for waivers of preliminary plats but did not have a short plat procedure. The Public Works Director and other staff have in the last several years found waivers of plats not to be desirable from the city's standpoint as to proper planning nor desirable from a developer's standpoint as discrepancies between actual and perceived boundary lines, location of easements and other such matters are frequently discovered in the platting process. Accordingly city staff has recommended that the waiver of platting procedures in the development ordinances be removed and that the city rely on the platting process and the short plat process for proper land development. 2. Amendments. The following sections of 17.12 are amended as follows: CHAPTER 17.12 PLATTING REQUIREMENTS AND PROCEDURES SECTION: 17.12.010: Summary Of Phases 17.12.020: Planning Conference I. General II. Preliminary Plat Phase 17.12.030: Copies To Be Submitted 17.12.050: Notice And Fee 17.12.060: Master Plan 17.12.070: Plan Or Request fbr Waiver Placed On Agenda of Meeting 17.12.080: Plat To Be Reviewed Ordinance - Page 1 chubbuck05O6O9 waiverofplatordinance.wpd 17.t2.090a Reeommendation For Or Against Waiver Reques 17.12.100: Hearing To Approve Or Disapprove Plat 17.12.110: Record Of Proceedings To Be Reviewed 17.12.120: Procedure Following Approval Or Disapproval 17.12.130: Approval: Time Limit 17.12.140: Approval: Causes for Rescission I. GENERAL 17.12.010: SUMMARY OF PHASES: Any person who seeks to commence a "development" as defined in section 17.08.060 of this title shall: B. Obtain approval of preliminary plat and comply with all requirements related thereto, unless platting has been waive ; II. PRELIMINARY PLAT PHASE 17.12.070: PLAT OR REQUEST FOR WM3VE PLACED ON AGENDA OF MEETING: The city clerk shall: A. Cause the preliminary plat or request for waiver to be placed on the agenda of the next regular meeting of the city's land use and development commission and on the agenda of the next following meeting of the city council, shall make available one copy each of the plat or request to the chairman of the commission and the mayor and shall furnish the other copy to the city engineer; B. With respect to a preliminary plat, cause a single notice of public hearings at both the commission meeting and council meeting to be posted in the municipal building and published once in a newspaper of general circulation within the city not less than ten (10) days prior to the commission meeting date. 17.12.080: PLAT TO BE REVIEWED: The city engineer shall review the plat or request, in conjunction with other appropriate officers of the city and of any other affected governmental entity, including an entity with which the city has agreed to exercise jurisdiction. The city engineer shall appear at the meeting of the commission to state the results of his review. ,.weNEW .. 1411.1110110ANINLUJI '11 : 1 ...o I. 0111gri Ordinance - Page 2 chubbuck050609 waiverofplatordinance.wpd 17.12.110: RECORD OF PROCEEDINGS TO BE REVIEWED: F-ollowing teceipt of the irrTonnanon as interestect parties or the engineer wish to pre If preliminary plat is before the council, the meeting shall include a public hearing. The council shall decide whether to approve or disapprove the request fbr waiver, or preliminary plat in question. The council may also remand the matter to the commission for reconsideration at its next regularly scheduled meeting, without the necessity of any additional public hearing. The council shall enter in the minutes of its meeting the findings upon which its decision is based. 17.12.120: PROCEDURE FOLLOWING APPROVAL OR DISAPPROVAL: I��lr�lK! I � _ - _ � JUI�,'l�1iU�Illl lll���l�lt�1�J��1�1Ir11l�l�f�/I�I���l�l l/r �i�I�►��l l�J%A7lU�A1lJ■ 1} If a plat is disapproved, another plat must be submitted and fee paid as provided in section 17.12.050 of this chapter. However, if a plat is resubmitted with no changes from the original findings, it may be approved at a subsequent council meeting without payment of fee or an additional public hearing. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapter 17.12 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. Ordinance - Page 3 chubbuck05O6O9 waiverofplatordinance.wpd PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 11TH day of AUGUST , 2009. 7�� even M. England, f. ATTEST: OY� Ron Conlin, City Clerk Ordinance - Page 4 chubbuck05O6O9 waiverofplatordinancempd SUMMARY OF ORDINANCE NO. 673 An ordinance of the City of Chubbuck, a municipal corporation of the State of Idaho, deleting all the provisions in Chapter 17.12 providing for waiver of plat; repealing prior conflicting ordinances; providing for the severability of the provisions of this ordinance; providing that all other sections of Chapter17.12 not amended shall remain in effect, and providing when this ordinance is effective after is passage, approval and publication. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 673 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this I V day of )'4 �, /— 2007 SUMMARY OF ORDINANCE NO. 673 - Page 1 ch u b bu ck08l 4O9. su mma ryord i na nce673.wpd