A. Purpose: The purpose of minor subdivision review is to provide a simplified procedure for processing minor subdivisions administratively. Minor subdivisions are subdivisions of four (4) or fewer lots that create no new streets. The process is intended for the creation of lots along existing streets where infrastructure is available. A minor subdivision may be part of a planned unit development. A developer proposing to create additional lots on the same original parcel within a single five (5) year period (multiple minor subdivisions from 1 parcel) as a minor subdivision may be required by the city engineer to use the full subdivision review process if the city engineer determines that the multiple minor subdivisions may have a significant impact on public facilities to be used by the development.
B. Schedule Staff Review: Upon receipt of a complete application, the city engineer shall schedule a minor subdivision review with staff and the developer. A date for the review will be established within seven (7) days from the date of application acceptance.
C. Copies Of Documents Submitted; Notice To Adjacent Property Owners: The city engineer shall provide copies of submitted documents, as necessary, to outside agencies and jurisdictions, that, in the opinion of the city engineer, may be affected by the proposal. In addition, the city engineer shall provide written notice to the owners of property adjacent to the property proposed for development. The notice shall provide the adjacent property owners a plan of the minor subdivision, general information concerning the proposal, and the time frame for submitting written comments. The period of time for comment or response shall not be less than fourteen (14) days nor greater than twenty one (21) days from the date of notice.
D. Hearing Officer; Review: The city engineer shall act as hearing officer and shall conduct a minor subdivision review, along with appropriate staff, to ensure that all applicable ordinance provisions are followed or completed. Minor subdivision review shall include but not be limited to:
1. Review of lot size and dimensions for conformance to the zoning ordinance.
2. Determination that there are adequate provisions to serve the minor subdivision with sewer and water.
3. Review of the location of fire hydrants.
4. Review the location for the installation of streetlights if determined to be necessary by the public works department.
5. Determine if mitigation of any impact is warranted.
6. Define the scope of improvements and dedications required (curb, sidewalk, paving, water, sewer, drainage, easements, right of way dedication, etc.).
7. Evaluation of the location of potential rights of way to access adjoining parcels.
E. Decision; Notice: A decision shall be rendered within seven (7) days of the review unless circumstances require otherwise, such circumstances to be set forth in writing to the applicant. The city engineer shall, by written decision, grant approval, approval with conditions, or deny the minor subdivision. Notice of the action taken by the city engineer shall also be mailed to the owners of real property adjacent to the minor subdivision. A decision to deny shall be in writing and indicate reasons for denial and indicate what steps are necessary to obtain approval. In the case of approval or approval with conditions, a memorandum of understanding shall be prepared that details the conditions of approval and the responsibilities of the developer. The memorandum of understanding shall be signed by the developer and the city engineer prior to proceeding to plat review.
F. Appeal: The developer or any affected party may appeal the decision of the city engineer by filing a notice of appeal with the city council, with a copy to the city engineer, no later than fourteen (14) days after the date of the city engineer's decision. The appeal shall set forth in clear and concise fashion the basis for appeal. Upon receipt, the city clerk shall schedule the appeal for consideration at the next regularly scheduled meeting of the city council at which it can be accommodated. The appellant shall be allowed to make a presentation under procedures established by the city council. Those opposing the appeal shall have an opportunity to present and rebut the appellant's presentation. Staff may provide a staff report. The city council, after consideration of the elements of the appeal, shall render a decision affirming or reversing the city engineer within forty five (45) days from the date on which the notice of appeal is filed, unless circumstances require that more time be taken to reach a decision, the reason therefor being stated in a formal motion by the city council.
G. Effective Period Of Approval; Extension: The approval of a minor subdivision shall be effective for a period of one year from the date of approval. If a plat is not submitted for approval within the one year period, the minor subdivision approval shall be null and void, and the developer shall be required to submit a new application. Prior to the expiration date of the effective period, the developer may request an extension, in writing, from the city engineer. The city engineer may grant an extension, not to exceed twelve (12) months, upon a showing of good cause by the developer. The city engineer shall decide a request for extension within fourteen (14) days of the receipt of the written request. The developer may appeal the city engineer's decision to deny extension to the mayor.
H. Amendments:
1. At any time after minor subdivision approval and before submission of a subdivision plat, the developer may request of the city engineer that an amendment be made to the minor subdivision plan or to conditions of approval. If the proposed amendment is a minor change to the plan and consistent with conditions of approval, the city engineer may grant the amendment in writing within ten (10) days of the request, unless the city engineer determines that additional time is necessary for reasons stated in writing. If the amendment is major or involves a change in the conditions of approval, the city engineer shall schedule a review with staff, and notify adjoining landowners, in his discretion, to review the proposed amendment. The date for the review shall be scheduled within twenty one (21) days of the request.
2. Upon completion of the review for the amendment request, the city engineer may grant the amendment if the minor subdivision is not substantially changed and does, in fact, remain a minor subdivision. If the proposed amendment changes the plan to cause it to become a subdivision, the city engineer shall disapprove the amendment and notify the developer to adhere to the approved plan or to apply for the full subdivision review process. (2003 Code § 12-03-05)