Chapter 17.20
WAIVER OF A PLAT

Sections:

17.20.010    Subdivisions by waiver of a plat.

17.20.020    Application.

17.20.030    Action on waiver applications.

17.20.040    Design and survey requirements.

17.20.010 Subdivisions by waiver of a plat.

A. The platting board shall approve the subdivision and waive the preparation, approval, and recording of a final plat upon showing by the applicant that the subdivision meets all the following requirements:

1. Each tract or parcel of land created will have adequate access to a public highway or street;

2. Each parcel created is nominally five acres in size or larger and the land is divided into four or fewer parcels;

3. No dedication of a street, alley, thoroughfare or other public area is involved or required. For the purposes of this subsection, easements for trails required to be dedicated in conformance with the adopted comprehensive recreational trail plan may be reserved by a written deed of dedication.

B. For the purpose of subsection (A)(1) of this section, the requirement of “adequate access” to a public highway or street may be met by access meeting the standards set forth in FNSBC 17.56.020.

1. If the access is provided by an easement as described in FNSBC 17.56.020(C)(5) or (6) lying within the parcel being subdivided, the acreage occupied by the easement may be included in the acreage of the parcel for purposes of applying subsection (A)(2) of this section.

2. Right-of-way width within the subdivision boundary must conform to standards prescribed in FNSBC 17.56.080. If this qualification is not met, a dedication is required.

C. A waiver under this chapter is a waiver of the final plat only. All other requirements of this title must be met. (Ord. 2005-10 § 2, 2005. 2004 Code § 17.30.070.)

17.20.020 Application.

A. A person seeking a waiver of the final plat shall submit an application on a form provided for that purpose by the borough. The application shall contain the following information:

1. A sketch complying with FNSBC 17.20.040(A) depicting the following:

a. Parcel to be subdivided;

b. Lots or tracts proposed;

c. Existing easements;

d. Proposed easements;

e. All adjoining parcels and rights-of-way.

2. Description and evidence of the legal and physical adequacy of the access depicted on the sketch.

B. Application must be accompanied by the following:

1. Written recommendations from affected agencies and municipalities or satisfactory evidence that they have received the preliminary sketch 10 working days prior to the application being submitted to the platting officer. Reviewing agencies shall have a maximum of 10 working days for their review and response;

2. Satisfactory proof of ownership or interest in the property;

3. The appropriate fee. (Ord. 2005-10 § 2, 2005. 2004 Code § 17.30.080.)

17.20.030 Action on waiver applications.

A. Waiver applications must be submitted at least 45 calendar days before the meeting of the platting board at which the proposed subdivision will be considered.

B. Within 25 calendar days after the submittal deadline, the platting officer shall determine if the application meets the requirements of FNSBC 17.20.020 and do one of the following:

1. If the application is complete, the platting officer shall accept the application for review and action;

2. If the application is incomplete, return it to the applicant with a written list of deficiencies to be satisfied for acceptance.

C. After acceptance of the application and at least 14 calendar days prior to the time set for the platting board review and action, the platting officer will:

1. Prepare a staff report that includes a recommendation for approval or denial of the proposed subdivision;

2. Send notice of the proposed subdivision to adjoining property owners.

D. Verbal testimony by parties and interested persons may be given at the platting board meeting. When the property owner is the borough written comments may be submitted and general public comment shall be permitted at the beginning of the quasi-judicial hearing.

E. No revisions to the application will be considered which are subsequent to the preparation of the staff report and notice of the proposal to adjoining property owners. Any such revisions will be treated as a new application and reviewed at the next regularly scheduled meeting of the platting board.

F. All plans, data, and other supporting material shall be available for public inspection at the department of community planning at least 14 calendar days prior to the time set for platting board review.

G. Notice of the application shall be published in a newspaper of general circulation not less than five calendar days prior to the date of consideration by the platting board.

H. An accepted application shall be placed on the agenda of the next regularly scheduled platting board meeting.

1. The platting board may impose such conditions as it deems necessary to ensure compliance with this title.

2. The board shall adopt specific findings of fact and reasons for its action if any of the following occurs:

a. The board denies the application;

b. The board imposes conditions opposed by the applicant;

c. The board grants approval over the objection of any person or agency.

I. If the parcels created by a waiver of the plat require a survey under FNSBC 17.20.040(B), the applicant shall have 24 months in which to satisfy all conditions of platting board approval and submit a certificate of survey for final approval.

J. The certificate of waiver shall be recorded upon the platting officer’s receiving and approving the certificate of survey and proof that taxes and assessments are paid.

K. If the certificate of survey has been approved, the platting officer shall record the certificate of waiver within five working days after the appeal period expires or after an appeal is decided by the planning commission.

L. A certificate of waiver creates the subdivision when executed by the owners and signed and recorded by the platting officer.

M. The board’s decision may be appealed as provided in Chapter 17.68 FNSBC. (Ord. 2014-42 § 5, 2014; Ord. 2013-69 § 5, 2013; Ord. 2013-51 § 5, 2013; Ord. 2013-50 §§ 8, 9, 2013; Ord. 2007-77 § 3, 2008; Ord. 2005-10 § 2, 2005. 2004 Code § 17.30.090.)

17.20.040 Design and survey requirements.

A. The sketch of a proposed subdivision submitted in support of an application for waiver shall consist of the following:

1. A legible sketch drawn to a scale of not less than one inch equals 400 feet:

a. On approved quality material,

b. Eight and one-half by 11 inches or larger;

2. Depicting the following:

a. Location,

b. Configuration,

c. Acreage of each parcel proposed;

3. Locating the following:

a. Septic systems,

b. Wells,

c. Residential structures,

d. Other structures,

e. Utility improvements,

f. Other existing improvements,

g. Category A, B and C trails as designated by the adopted comprehensive recreational trail plan.

B. No survey is required if the boundaries of the parcels to be created are identified by aliquot parts descriptions and the parcels are nominally 40 acres or larger.

C. In other cases, the parcel boundaries shall be surveyed and a certificate of survey submitted to the platting officer prior to the recording of a certificate of waiver. This survey need not be completed prior to the submittal of the waiver application.

D. Certificate of Survey Standards.

1. Size of sketch, eight and one-half inches by 11 inches or eight and one-half inches by 14 inches;

2. Outline of each parcel being created;

3. Ties to section corners, aliquot parts corners, or control monuments;

4. Distance and bearings around each parcel complete enough to calculate a boundary closure;

5. Basis of bearing;

6. Description of monuments set or found at each angle point in boundary of parcels;

7. Location of dedicated right-of-way being used as access;

8. Location of any section line easement within the boundary of the parcel being subdivided;

9. Category A and B trails as designated by the adopted comprehensive recreational trail plan, reserved by separate deed of dedication, with recordation data noted;

10. North arrow and scale;

11. Acreage of each parcel created;

12. Registered land surveyor’s seal;

13. Borough file number under which the application was approved. (Ord. 2005-10 § 2, 2005. 2004 Code § 17.30.100.)