EXPLANATIONS OF ZONING & SUBDIVISION REGULATIONS TEXT AMENDMENTS
ON THE PLANNING COMMISSION’S MAY 1, 2008 AGENDA
(items 6, 7 and 8)
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The following is an explanation of the Subdivision Regulation Text Amendment regarding Section 5.02 Final Plat Requirements, scheduled for public hearings at the Planning Commission’s May 1st (agenda item #6) and County Supervisors May 12th meetings.
At present, the final plat requirements state, under “these documents shall be submitted to the County Planning Department not less than 17 days prior to a scheduled Commission meeting at which time the plat will receive consideration” that the plat {is to be}: (1) reviewed as to conformity with Zoning Regulations by the County Surveyor; (2) reviewed as to conformity with Zoning Regulations by the County Highway Superintendent; (3) review comments provided by the Building Inspector regarding the subdivision-wide percolation tests; (4) an electronic version (Auto Cad) of the approved final plat shall be provided to the County.
It would appear that the reason for the 17 day requirement for plat filing is to allow time for the Planning Department to send the plat to person’s \ agencies for their comments (which become public record). One must ask – does it make sense to have those comment letters the same time as the plat is filed?
It should also be remembered that both the County Surveyor and the County Highway Superintendent would have already submitted letters on the preliminary plat. The final plat should be virtually identical to the preliminary plat.
This proposed Text Amendment does NOT change the requirement for the 3 comment letters (Surveyor, Highway Superintendent and Building Inspector) as detailed above, only that they be received no later than 10 days prior to a scheduled Commission meeting.
This proposal also does NOT constrain the County Surveyor and County Highway Superintendent by limiting their comments to “conformity with the Zoning Regulations”. The proposed “correspondence” verbiage is very general and therefore all concerns from those person's \ agencies can be brought to the table for consideration.
The final request under this agenda item is to delete the requirement that an electronic version (Auto Cad) of the approved final plat be provided to the County “17 days prior to a Commission meeting”.
This clearly is mistakenly in the wrong place in the Regulations as how can an electronic version (Auto Cad) of the approved final plat be submitted 17 days prior to a scheduled Commission meeting? (See below)
The specific amendment, then, is as follows:
SECTION 5.02 FINAL PLAT REQUIREMENTS
Change the existing number 2 to read as follows:
2. Not less than 10 days prior to a scheduled Commission meeting at which time a final plat will receive consideration, the following shall have been provided to the County Planning Department: correspondence from the County Surveyor, County Highway Superintendent and Building Inspector (regarding the subdivision wide perc tests).
Change the existing number 2 to number 3:
3. After consideration and review by the Commission the final plat and the Commission’s recommendation will be submitted to the Board within sixty days of the Planning Commission public hearing.
Change the existing number 3 to number 4:
4. The Board will consider the final plat at a public hearing.
Section 5.02 would then read as follows:
Section 5.02 Final Plat Requirements
1. The subdivider shall have prepared at least 20 copies of a final plat, at the same scale as the
preliminary plat, and shall submit the plat to the County Planning Department, in addition to the
original reproducible drawing on tracing cloth or similar material bearing the original signatures
for the required certifications. These documents shall be submitted to the County Planning
Department not less than 17 days prior to a scheduled Commission meeting at which time the
plat will receive consideration. The final plat will contain and show the following:
a. Name of subdivision, scale, north arrow and date.
b. Location of control points and descriptions and "ties" to such control points, to which all
dimensions, angles, bearings, and similar data on the plat shall be referred. The controls
shall be referred to permanent section or quarter section corners.
c. Tract boundary lines, right-of-way lines of streets, roads, easements and other rights-of-
way and property lines of residential lots and other sites; with dimensions, bearings or
deflection angles, and radii, arcs, and central angles of all curves.
d. Name and right-of-way width of each street, road, or other right-of-way.
e. Location, dimensions and purpose of any easements.
f. Number to identify each lot or site.
g. Minimum building setback line on all lots.
h. Location and description of monuments.
i. Certification by a registered land surveyor.
j. A notarized certification signed and acknowledged by all parties having any titled
interest in, or lien upon the land to be subdivided consenting to the final plat including
the dedication of parts of the land for streets, easements, and other purposes.
k. A certification signed by the County Treasurer stating that there are no regular or
special taxes due or delinquent against the platted land.
l. A certification for the approval of the Commission.
m. A certification for the approval of the Board to be signed by the Board Chairman and
attested to by the County Clerk.
n. Location description of the subdivision by the section, township, range, County and
State and including metes and bounds description for the boundaries of the subdivision.
o. Lot area.
p. Lots and blocks numbered numerically.
q. Reviewed as to
conformity with Zoning Regulations by the County Surveyor.
r. Reviewed as
to conformity with Zoning Regulations by the County Highway
Superintendent.
s. Review
comments provided by Building Inspector regarding the subdivision wide
percolation
tests.
t. An electronic
version (Auto Cad) of the approved final plat shall be provided to the
County.
2. Not less than 10 days prior to a scheduled Commission meeting at which time a final plat will receive
consideration, the following shall have been provided to the County Planning Department:
correspondence from the County Surveyor, County Highway Superintendent and Building
Inspector (regarding the subdivision wide perc tests).
3. After consideration and review by the Commission the final plat and the Commission’s
recommendation will be submitted to the Board within sixty days of the Planning Commission
public hearing.
4. The Board will consider the final plat at a public hearing.
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The following is an explanation of the Subdivision Regulation Text Amendment regarding Section 5.02 Final Plat, Other Requirements scheduled for public hearings at the Planning Commission’s May 1st (agenda item #7) and County Supervisors May 12th meetings.
This request proposes to place the requirement of an electronic version (Auto Cad) of an approved final plat in Section 5.05 Other Requirements.
Section 5.05 would then read:
SECTION 5.05 OTHER REQUIREMENTS
If required, a Sediment and Erosion Control Plan and an NPDES Permit shall be obtained from the relevant agencies. An electronic version (Auto Cad) of the approved final plat shall be provided to the County.
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The following is an explanation of the Subdivision Regulation Text Amendment regarding the Replat of a Subdivision scheduled for public hearings at the Planning Commission’s May 1st (agenda item #8) and County Supervisors May 12th meetings.
The Subdivision Regulations do not specifically reference a replat. However, a replat is a generally accepted planning practice \ process that is only applicable in a previously approved platted subdivision. It does not allow a new subdivision, but occurs “inside” an existing subdivision.
This specific Text Amendment proposal would create a new Section in the Subdivision Regulations as follows:
SECTION 2.05 REPLAT OF A SUBDIVISION
2.05.01 Replat Defined
For the purpose of this Section, a replat is defined as the act of: increasing the number of lots; changing the boundaries of an approved outlot or green space area; or changing the configuration of a platted street or public right-of-way; all in a recorded subdivision to achieve a reconfiguration of an existing subdivision.
2.05.02 Replat of a Subdivision
In the event that a proposed replat of a subdivision does not involve a change in subdivision type or a change in zoning district, an applicant (owner) shall apply for a replat under the provisions of this Section. The utilization of a replat does not relieve the applicant (owner) of the obligation to comply with standards and improvements in these Regulations. The necessity of establishing and dedicating easements for utilities shall not bar the utilization of a replat.
2.05.03 Replat Submission Requirements
Application for a replat shall be made to the Planning Department under the procedures as outlined for a final plat.