Chapter 16.32


16.32.010    Type of application and procedures.

16.32.020    Pre-application conference.

16.32.030    Requirements for a completed application.

16.32.040    Distribution and review requirements.

16.32.050    Criteria for recommendation.

16.32.060    City council action.

16.32.010 Type of application and procedures.

A.    A plat alteration is a type IVA permit application as set forth in Title 19 of the Bridgeport Municipal Code (BMC) and shall be submitted and processed according to procedures therein. The planning commission holds a public hearing pursuant to Chapter 19.05, BMC. Subsequently, the planning commission makes a recommendation to the city council. The planning commission’s recommendation may be appealed as set forth in Chapter 19.06, BMC. Such recommendation shall be submitted to the city council not later than fourteen days following action by the planning commission. The city council makes a final closed record decision pursuant to Chapter 19.06, BMC, which is appealable to Douglas County superior court.

B.    Any additional project permit applications that are required by the city for the proposed plat alteration may be submitted as specified in Section 19.01.020(B), BMC.

C.    If hearings are required by other agencies, the administrator may combine them as set forth in Section 19.01.040, BMC.

D.    A copy of the approved plat together with all recorded plat amendments. (Ord. 493 (part), 1998)

16.32.020 Pre-application conference.

A pre-application conference is required as set forth in Section 19.02.010. (Ord. 493 (part), 1998)

16.32.030 Requirements for a completed application.

When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except in the case of a boundary line adjustment, that person shall submit an application to the administrator on an application form available from the administrator in accordance with Chapter 19.02, BMC. In addition to those items required in Chapter 19.02, BMC, the application shall include a legibly drawn representation of the plat as it presently exists and of the proposed alteration, both to scale. The submitted application shall be accompanied by the following:

A.    The signatures of a majority of those persons having ownership interest of lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered; and

B.    If the subdivision is subject to restrictive covenants which were filed in conjunction with the subdivision, and the application for alteration would result in a violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof. (Ord. 493 (part), 1998)

16.32.040 Distribution and review requirements.

Plat alteration proposals shall be distributed and reviewed as set forth for preliminary plats in Sections 16.12.040 through 16.12.050. (Ord. 493 (part), 1998)

16.32.050 Criteria for recommendation.

A.    The planning commission shall consider criteria set forth in Section 16.12.060 in its review of the proposed plat alteration. It is recognized that existing plats may not fully satisfy the criteria contained therein; however, the planning commission shall ensure that the proposal shall not cause further nonconformance. The planning commission may recommend conditioning or denial of the proposed plat alteration if it is found that the proposal will increase nonconformance with such criteria.

B.    If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration.

C.    If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.

D.    If any easements were established by dedication in the existing plat, such easements cannot be extinguished or altered in the plat alteration without the approval of the easement owner or owners, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter easements. (Ord. 493 (part), 1998)

16.32.060 City council action.

A.    The city council shall consider the same factors and criteria as reviewed by the planning commission in making its decision on the proposed preliminary plat.

B.    If, after considering the matter at a closed record public meeting in accordance with Section 19.06.040, BMC, the city council deems a change in the planning commission’s recommendation approving or disapproving any preliminary plat is necessary, the council shall adopt its own recommendations and approve or disapprove the preliminary plat. The city council may adopt all or part of the planning commission’s findings or make separate findings to support its decision.

C.    Every decision or recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation.

D.    Dedication of land and/or the construction of improvements may be required as a condition of plat alteration approval. An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. Such waiver may be required by the city as a condition of approval. The city council shall not, as a condition of the approval of any plat, require release from damages to be procured from other property owners.

E.    Approval of the plat alteration by the city council shall constitute authorization for the subdivider to develop the subdivision’s facilities and improvements in strict accordance with the council’s decision, state law and this title.

F.    After approval of the alteration, the city council shall order the applicant to produce the revised drawing on stable base Mylar or equivalent material, stamped by a licensed surveyor which, after signatures of the authorities whose approval appeared on the original plat, shall be filed with the county auditor to become the lawful plat of the property. (Ord. 493 (part), 1998)