ARTICLE 6.8.  MISCELLANEOUS PROVISIONSlinklink

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8.6.801: PLAT, ROAD, RIGHT OF WAY OR EASEMENT VACATIONS:
8.6.802: LOT SALES AND BUILDING PERMITS:
8.6.803: CONDITION MODIFICATION:
8.6.804: PENALTY FOR SALE OF UNPLATTED LOTS:
8.6.805: EFFECT OF SALE OF PROPERTY ON APPLICATION:
8.6.806: SUNSETTING OF UNRECORDED PLATS:
8.6.807: UNLAWFUL SUBDIVISION, RECORDATION OF PLATS, AND SITE WORK:

8.6.801: PLAT, ROAD, RIGHT OF WAY OR EASEMENT VACATIONS: linklink


Applications for vacation of existing plats, private roads, rights of way, easements, or other conveyances shall be submitted to, and processed by, the department in accordance with title 50, chapter 13, Idaho Code. The procedure for notice and hearing of such applications shall be in accordance with section 50-1306A, Idaho Code, and chapter 8, article 8.4 of this title. Vacations of public roads and rights of way shall be administered by the public highway agency with jurisdiction. (Ord. 493, 6-9-2016)
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8.6.802: LOT SALES AND BUILDING PERMITS: linklink

With the exception of one model home, no noninfrastructure building permits may be issued until the plat is recorded, and all improvements are complete and approved by all agencies with jurisdiction or providing services. A building permit for one model home may be issued if a financial guarantee is provided to ensure completion of infrastructure serving the home. No certificate of occupancy may be issued until the infrastructure serving the home has been completed and all necessary approvals have been obtained. (Ord. 493, 6-9-2016)
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8.6.803: CONDITION MODIFICATION: linklink

At any time prior to expiration of preliminary subdivision approval, a modification of a condition of approval may be requested according to the following procedure:


A. Application Requirements: The following items constitute a complete application:

1. A completed application form signed by the property owner, or a notarized letter from the property owner authorizing the applicant to file the application.

2. Fees, as adopted by resolution of the board.

3. A narrative explaining why the requested condition modification is necessary.

4. The director may require additional information to determine compliance with applicable provisions of this title, or the requirements of agencies with jurisdiction or those providing services.


B. Approval Procedure:

1. For major subdivisions, the approval procedure and required findings shall be the same as those for preliminary approval of the subdivision, as set forth in section 8.6.204 of this chapter.

2. For minor subdivisions, the approval procedure and required findings shall be the same as the original approval procedure, as set forth in section 8.6.303 of this chapter.

3. For condominiums, the approval procedure and required findings shall be the same as the original approval procedure, as set forth in section 8.6.503 of this chapter. (Ord. 493, 6-9-2016)

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8.6.804: PENALTY FOR SALE OF UNPLATTED LOTS: linklink


A. Penalty: In accordance with section 50-1316, Idaho Code, any person who shall dispose of or offer for sale any lots prior to recordation of a plat, as provided in sections 50-1301 through 50-1325, Idaho Code, shall pay one hundred dollars ($100.00) for each lot and part of a lot sold or disposed of or offered for sale.


B. Notice Of Penalty And Appeal:

1. A person upon whom a penalty is imposed shall receive written notice of intent to assess the penalty provided in this section, including the factual basis supporting the imposition of the penalty. Before any action may be taken, the department shall give the property owner written notice via certified mail. Any notice sent via certified mail which is returned to the department shall be re-sent via first class mail.

2. The penalty may be appealed to the board in accordance with the provisions of chapter 8, article 8.5 of this title.

3. If the board finds that a violation of this section occurred, or if the alleged violator fails to appear at the appeal hearing or fails to request a hearing, the violation shall be deemed to have been conclusively established, and the appropriate penalty shall be applied.

4. In addition, if the board finds that a portion of property that is the subject of a subdivision application was divided prior to recordation of the plat, the underlying application shall be declared null and void in accordance with subsection 8.6.805A of this article.


C. Enforcement: Enforcement of the penalty provided in this section shall not preclude the director or board from taking additional enforcement action as set forth in chapter 8, article 8.6 of this title or as otherwise authorized by law. (Ord. 493, 6-9-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98429#s1145958
8.6.805: EFFECT OF SALE OF PROPERTY ON APPLICATION: linklink


A. If a portion of the property that is the subject of a subdivision application is divided prior to recordation of the plat, the application shall become null and void, and the owner will be required to submit a new application to the department. If the property is not divided, but is sold in its entirety, a new application shall not be required, and the new owner may proceed through the applicable subdivision approval process with the existing application.


B. If any unit or interest in the property that is the subject of a proposed condominium plat is sold prior to recordation of the plat, the application shall become null and void, and a new application must be filed by the owner. If the property is sold in its entirety, a new application will not be required, and the new owner may proceed through the condominium plat approval process under the existing application. (Ord. 493, 6-9-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98429#s1145959
8.6.806: SUNSETTING OF UNRECORDED PLATS: linklink

Any plats previously approved without recordation deadlines, and which have not been recorded as of the effective date of this title, are hereby declared to be null and void. (Ord. 493, 6-9-2016)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98429#s1145960
8.6.807: UNLAWFUL SUBDIVISION, RECORDATION OF PLATS, AND SITE WORK: linklink

As provided for in sections 67-6518 and 67-6527, Idaho Code, it shall be unlawful for any person, firm or corporation, or their agent, to knowingly and wilfully cause a subdivision or condominium plat to be recorded, or to knowingly and wilfully participate in constructing a road, installing utilities or otherwise developing a subdivision, except in conformance with this chapter. Any subdivision or condominium plat which is recorded in violation of the provisions of this chapter, or of title 50, chapter 13, Idaho Code, shall be deemed void ab initio. In addition to actions and penalties provided in title 50, chapter 13, Idaho Code, any person, firm, or corporation, or their agent, who knowingly and wilfully commits, participates in, assists in or maintains any violation of this chapter may be subject to civil and criminal enforcement actions in accordance with the provisions of chapter 8, article 8.6 of this title. (Ord. 493, 6-9-2016)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98429#s1145961