Subdivide Property

January 24, 2017

The following considerations regard any division of property which creates a parcel below 20-acres in size and falls under the jurisdiction of Boundary County Planning and Zoning.

Processing Matrix
Subdivision Type
Parcel
Status
Plat
Requirement
Review
Steps
Parcel Split Unplatted None Intro, 1
Parcel Line Adjustment Unplatted None Intro, 1
Lot Line Adjustment Platted Short Intro, 2, 6, 7
Clustered Subdivision Unplatted Long Intro, 2, 3, 5, 6, 7
Comm/Indstrl Subdivision Unplatted Long Intro, 2, 3, 5, 6, 7
Mixed Use Subdivision Unplatted Long Intro, 2, 3, 5, 6, 7
Primitive Subdivision Unplatted Short Intro, 2, 3, 6, 7
Rural Subdivision Unplatted Short Intro, 2, 3, 6, 7
Urban Subdivision Unplatted Long Intro, 2, 3, 5, 6, 7
"Any" Subdivision Platted Long Intro, 2, 3, 5, 6, 7

Note: After reading the information below, if you have questions it would help if you write them down and contact the Planning & Zoning Administrator at (208) 267-7212. Not only will your question(s) be answered but this discussion (Subdivide Property) may be altered to make more clear the area related to your question. This document is a 'work in progress', intended to be helpful. To the extent we can accomplish this, your input is welcome.

[Introduction]
If your property is in a platted subdivision or has been previously split, you are NOT a candidate for a parcel split. The parcel split process is possibly a preliminary to having to do subdividing in the future: platting may be required eventually, and granting a split 'up front' simply enables the owner to create a parcel (or parcels) of convenience.

2.39. Plat: A map, drawn to scale by a licensed surveyor, showing how a portion of land is to be divided, in blocks and lots, and showing streets, alleys and easements, common areas, dedications and other attributes pursuant to the requirements of this ordinance and Title 50, Chapter 13, Idaho Code, established on the ground by the placement of legal markers. Plats may be used to create a subdivision, amend an existing plat, or vacate all or part of an existing plat where no lots have been sold and no construction of buildings or public improvements have taken place.

Parcel splitting is essentially a convenience to the owner meant to ease the planning and costs of platting, both in time and money, where the provision of utilities, easements, and quality driveway and road access to a parcel are all within the owner’s control and without time constraints in terms of development completion. For example, if someone has 20 acres, a split will probably NOT require platting (depending on the zone). But if the owner has 85 acres and wishes to split off ten acres, for whatever reason, any further request to divide the remaining 75 acres OR 10 acres WILL require a preliminary plat and County Commissioners WILL review the plan.

Consider:
1. [Parcel Split Procedure] If an applicant meets the criteria for a parcel split (simple or primitive) or a parcel line adjustment, the Administrator can satisfy the approval process and issue a permit for a Parcel Split or Parcel Line Adjustment. Refer to Section 20.; a minimum requirement is that each resulting parcel must be equal to or exceed the standard net density for the zone in which it lies.

There is no such thing as a ‘Family Split’. A parcel split which would create a resulting parcel size less than the minimum size in the zone in which the property exists is permitted when the intent is to transfer ownership to an eligible family member. If the parcel split creates new parcel sizes equal to or greater than the minimum parcel size within a zone, it doesn't matter how the recipient of either parcel is related, family or not. The family member question only arises when either (or any) of the resultant parcels are less than the minimum size for the zone in which the parcel lies, in which case the minimum parcel size constraint is waived if gifting parcels to eligible family members; this is referred to as a 'Transfer of Real Property to Family Members', NOT a 'Family Split'. Within the zone in which the original parcel lies, the requirements remain in effect regarding setbacks, available utilities and access/easement for each of the resulting parcels.

What is a parcel split (simple or primitive)? When an unplatted parcel is divided to create from two to four resulting parcels, this unplatted process is a parcel split. A primitive parcel split occurs when an unplatted parcel is divided such as to create 2 resulting parcels, neither of which connects to a county road or state highway. A simple parcel split occurs when an unplatted single parcel is divided to create up to 4 resulting parcels, each of which does have access to a county road or state highway. In either case, simple or primitive, if the number of newly created parcels exceeds the numbers specified (2 for primitive, 4 for simple) then a split cannot be performed but rather the process involves platting and is subject to the guidelines consistent with the type of subdivision being created; i.e., mixed use, clustered, commercial/industrial, rural, urban.

If your application involves a Parcel Split or meets the standards for a Transfer of Real Property to a Family Member, contact the Planning & Zoning Administrator for necessary forms and procedures to satisfy split requirements; you need read no further here. All other applications to divide property, to create a subdivision or to make a lot line adjustment require a Preliminary Plat.

2. [Subdividing Procedure] Subdividing, unlike parcel splitting, involves formal platting of the land, enabling the provision of water, sewer and electricity as well as adequate road/driveway access to serve every lot created. Agencies such as Panhandle Health, Road & Bridge and Idaho Department of Transportation (if subdividing involves a state highway) must all sign approval of the subdivision final plat. Because of the complexity involved in providing all of these services in a multi-lot subdivision, the approval and development cycle relating to the creation of the final plat involves some timing issues. For example, approval by Panhandle Health for a septic system may be conditional upon completing the septic construction within a limited time period. If this period is lapsed (e.g., the final plat has not been signed and recorded), the permit becomes invalid and must be reapplied for. Also, granting approval for development by approving the preliminary plat does not give the right to sell properties so proposed; until the final plat has been recorded, the sale of lots proposed is not permitted.

11.5. Preliminary Plat Requirements: Preliminary plats submitted for consideration of establishing a platted subdivision shall be drawn to a scale of not less than one (1) inch to two hundred (200) feet, and shall include a north point and graphic scale. The map will, at minimum:

11.5.1. Provide the proposed name of the subdivision, so as not to duplicate any name currently in use.
11.5.2.  Accurately describe and propose names, as approved by County GIS Mapping, for all streets, alleys and other routes of access, with widths, courses and tentative grades clearly shown.
11.5.3.  The names of any special purpose districts serving the area where the subdivision is to be proposed or which are anticipated to serve the proposed subdivision, including but not limited to school districts, water and sewer districts, fire districts and irrigation districts.
11.5.4.  The location of important infrastructure features within or adjacent to the proposed subdivision, including but not limited to railroad lines, existing roads and easements, existing sanitary sewers, wells, water lines, utility easements, private easements, irrigation or drainage structures, storm drains or storm water control improvements, culverts, electrical lines, telephone lines, etc., and include the name of each company, utility district or individual providing easement or service.
11.5.5.  The location and nature of important topographical features within or adjacent to the proposed subdivision, including but not limited to water courses, riparian areas, wetlands, special or hazardous areas, and public parks, traditional recreation areas, greenbelts or open spaces.
11.5.6.  Define all lots proposed, including lots to be restricted, numbered consecutively by lot and/or block, showing the exterior boundaries by distance and bearing and including the actual size, in acreage, of each lot proposed.
11.5.7.  Include inset or separate sheet depicting the general characteristics of the area in which the subdivision is proposed, to include adjacent or nearby platted subdivisions.
11.5.8.  Include inset or separate sheet depicting the general topography of the ground proposed for platting.

3.[Common Procedure] Upon receipt of a completed application the administrator will provide copies of the application and preliminary plat to the County Assessor, Treasurer, Road and Bridge, GIS Mapping, and Weeds Department. These agencies will respond to the administrator with any issues or concerns.

4. [Process Determination] If an application for Subdivision Class = Primitive or Rural proceed to step 6. [Short Plat Procedure]

5. [Long Plat Procedure] Administrator schedules a Planning & Zoning Hearing and provides the Planning & Zoning Commission with a copy of the application, the preliminary plat, a staff analysis and any public written comment received. In addition the Administrator will at minimum provide:

11.6.2.2.1. A summary of the development proposed, including the type subdivision.
11.6.2.2.2.  The specifics of the site on which platting is proposed, including parcel number(s), parcel size, zone district designation, surrounding zone district designations and surrounding land uses.
11.6.2.2.3.  Overlay zones, hazardous areas or special sites affected by the application.
11.6.2.2.4.  A listing of other agency approvals that might be required prior to the onset of development.
11.6.2.2.5. Comprehensive plan considerations.
11.6.2.2.6.  A listing of applicable provisions of this ordinance, including standards.

Based on the recommendation of the Planning & Zoning Commission, written findings will be rendered. If the recommendation is to approve or the applicant wishes to appeal the recommendation, continue to step 6. [Short Plat Procedure] Otherwise the application is denied.

6. [Short Plat Procedure] The Administrator schedules a County Board of Commissioners Hearing and provides the County Commissioners with a copy of the application, the preliminary plat, a staff analysis, any public comment received and, if continuing from a Planning & Zoning Hearing, the findings and Recommendation resultant from that process. In addition the Administrator will at minimum provide:

11.6.1.2.1. A summary of the development proposed, including the type subdivision.
11.6.1.2.2.  The specifics of the site on which platting is proposed, including parcel number(s), parcel size, zone district designation, surrounding zone district designations and surrounding land uses.
11.6.1.2.3.  Overlay zones, hazardous areas or special sites affected by the application.
11.6.1.2.4.  A listing of other agency approvals that might be required prior to the onset of development.
11.6.1.2.5.  Comprehensive plan considerations.
11.6.1.2.6.  A listing of applicable provisions of this ordinance, including standards.

7. [Permit Approval Process] If the County Board of Commissioners approves the application and confirms approval to create the final plat, the Administrator will grant the permit with terms & conditions of approval. The Final Plat will be drawn according to Section 11.7. and must be recorded within six (6) months from the date of Final Approval.

11.7.    Final Plat Requirements: Following approval of the preliminary plat, and prior to the sale or conveyance of any lot or block, the applicant shall cause to be drawn a final plat in conformance with the terms and conditions established and with Title 50, Chapter 13, Idaho Code, and the following:

11.7.1.  The name of the subdivision and the name of the larger tract or subdivision of the Public Land Survey System of which it is part. The names of the sub-divider(s) and the seal and signature of the engineer and/or surveyor who prepared the plat.
11.7.2.  The initial point of survey and descriptions and locations of monuments in accordance with the provisions of Idaho Code.
11.7.3.  The center-lines and widths of all existing or proposed streets, roads and alleys. The road name, as approved by County GIS Mapping, on any new roads or shared driveways which will access 3 or more parcels. The length and bearing of the lines of all lots, streets, roads, alleys, rights of ways and easements. It should include the profile of each street, road or alley intended for dedication or conveyance to Boundary County, showing tentative grades and cross sections showing widths of roads, culverts, ditches, sidewalks and other features as applicable. All roads proposed for dedication or conveyance shall be designed, constructed and surfaced to standards established in the current Boundary County Road Standards Manual, and approved by Boundary County Road and Bridge prior to acceptance.
11.7.4.  A place for the signature of the appropriate official of the Panhandle Health District for certification of compliance of the plat per requirements of 50-1326 through 50-1334, Idaho Code.
11.7.5.  A certificate containing the correct description of all lands dedicated to Boundary County, along with a place for signed acknowledgment by the officer duly authorized to accept such dedications.
11.7.6.  A valid title policy which guarantees clear title on all property intended for dedication or conveyance to Boundary County.
11.7.7.  A place for the signature of the Boundary County Treasurer certifying that there are no county property taxes due and unpaid on the lands contained within the plat.
11.7.8.  If the plat is located within any special purpose district, the plat shall contain a certificate bearing the signature of the appropriate official of such district signifying the plat’s compliance with the regulations of the district and/or the relevant provisions of Idaho Code.
11.7.9.  A place for the signature of the designated county surveyor, with surveyor’s fee to be paid by applicant.
11.7.10.  A place for the signature of the administrator, acknowledging the final plat to be ready for the Commissioner's final signature.
11.7.11.  A place for the signature of the chairman of the Board of County Commissioners signifying the board’s approval of the plat for recording and filing.
11.7.12.  A place for the signature of the Boundary County Clerk of Court certifying recording of the plat.

The Final Plat is presented to the Commissioners for their approval.

11.7.12.1.    Recording Final Plat: Prior to recording the final plat, the applicant shall obtain requisite signatures from all but the chairman of the board of county commissioners and the Boundary County Clerk of Court, and shall then submit two (2) signed copies of the final plat and CC&Rs to the administrator, one Mylar and one paper. Upon receipt of final plat, the administrator will review the plat to ensure conformance with terms and conditions established by the board of county commissioners, sign the plat to affirm compliance and then schedule time on the next available agenda of the board for final plat signature. The board may then authorize the chairman to sign the final plat and authorize the plat for signature and recording with the county clerk of court.

Note: Commissioner approval does NOT record the final plat. If in this last step (11.7.12.1.) the board of county commissioners does NOT authorize the chairman to sign the final plat for recording with the county clerk, the application will be returned to the applicant, Permit denied, for resolving any issues presented. When approval IS granted, the applicant will provide the County Clerk with the Final Plat signed by the chairman of the board of county commissioners for recording purposes. Note: there is a maximum time of six (6) months from the time the permit is issued until the Final Plat is recorded.
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Exemptions from Subdivision Requirements:
The following divisions of land are exempt from subdivision requirements:

11.2.1. Parcels are created for lease solely for the purpose of agricultural or silvicultural production and harvest.
11.2.2.  Parcels are created for mineral, oil or gas leases.
11.2.3.  Parcels are created for the placement of government services, public utilities or rights-of-way.
11.2.4.  Parcels are divided for the sole purpose of burial or interment within an approved cemetery.
11.2.5.  Parcels are established through testamentary provisions or the laws of descent, provided documentation is provided the administrator so as to identify parcels so created.
11.2.6.  Divisions of land ordered by a court of competent authority in Boundary County, the administrator being provided with documentation to identify parcels so created.
11.2.7.  Division of a single portion of a parcel for the sole purpose of obtaining financing, provided the portion encumbered and the remainder remain under single ownership and that both parcels so created consolidate again into a single parcel upon satisfaction of the debt; or, in the event of foreclosure, documentation from the lender be provided the administrator so as to identify parcels so created.

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