Division 2. Subdivision Applications and Approval Processes

Chapter 17.12


17.12.010    Major plat criteria.

17.12.020    Application procedure.

17.12.030    Action on major plat applications.

17.12.010 Major plat criteria.

Any subdivision which does not qualify as a waiver or quick plat is a major subdivision and is subject to this chapter. (Ord. 2005-10 § 2, 2005. 2004 Code § 17.30.010.)

17.12.020 Application procedure.

An informal preapplication conference by appointment with borough staff prior to the submittal of the application is encouraged. The application shall be submitted on a form provided for that purpose by the borough, accompanied by the following:

A. Drawings which contain information required for a preliminary plat under Chapter 17.48 FNSBC;

B. Written recommendations from affected agencies and municipality or satisfactory evidence that they have received the preliminary plat or 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;

C. For those areas disturbing over one acre of land, the applicant shall contact the U.S. Environmental Protection Agency or managing authority for a determination as to whether a storm water permit is required. The applicant shall provide documentation of any storm water control required by the U.S. EPA;

D. The appropriate fee;

E. Satisfactory proof that the applicant represents the owner’s interest in the property to be subdivided;

F. A report from a title company, showing the legal and equitable owners of the land to be subdivided and all grants, reservations, covenants, deed restrictions, and easements of record. Copies of all documents identified shall accompany the report. (Ord. 2016-07 § 2, 2016; Ord. 2005-33 § 3, 2006; Ord. 2005-10 § 2, 2005. 2004 Code § 17.30.020.)

17.12.030 Action on major plat applications.

The procedure for major plat approval of a proposed subdivision is as follows:

A. Application requests 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 whether an application meets the requirements of FNSBC 17.12.020 and do one of the following:

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

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, which shall include, if a private easement appurtenant is used for legal access, property owners of any servient estates.

D. Verbal testimony by parties and interested persons may be given at the platting board meeting. If the plat dedicates trail easements to conform to the adopted comprehensive recreational trail plan or is realigning existing trails the public may submit written or oral comments for consideration by the platting board in applying this title’s requirements concerning dedications and realignment of trails. 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 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 board shall grant preliminary approval of the major subdivision upon determining that it meets the requirements of this title.

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

3. 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. The board’s decision may be appealed as provided in Chapter 17.68 FNSBC.

J. Upon approval of a preliminary plat by the platting board under this section, the applicant shall have 24 months in which to satisfy all conditions of platting board approval and submit an application for final approval.

1. The platting board may provide for the later submittal of one or more phases or segments of the subdivision.

2. Deadlines for submitting the last phase or segment shall be set by the platting board at the initial preliminary subdivision hearing. (Ord. 2014-42 § 3, 2014; Ord. 2013-69 § 3, 2013; Ord. 2013-59 § 2, 2013; Ord. 2013-51 § 3, 2013; Ord. 2013-50 §§ 4, 5, 2013; Ord. 2007-77 § 2, 2008; Ord. 2005-10 § 2, 2005. 2004 Code § 17.30.030.)