(A) Is a public hearing required to amend a recorded subdivision plat? Yes. The applicant must file the proposed amended plat, any accompanying materials required to demonstrate compliance with this code, a mailing list of all affected entities and adjoining landowners, and the required fee with the Zoning Administrator at least 15 days before the regular Planning Commission at which the hearing is requested.
(B) What is the procedure for reviewing a proposed amended plat when a hearing is required?
(1) The Clerk of the Planning Commission will send notice that a plat amendment has been proposed to all affected entities, all lot owners within the subdivision, and all adjacent property owners who are not within the subdivision at least 10 days before the Planning Commission meeting at which it will be heard. This notice will give the date, time, and place of the Planning Commission hearing and either include or explain how to access a copy of the proposed plat and accompanying materials.
(2) The Planning Commission will employ its standard hearing procedure, taking factual questions before taking formal statements, taking formal statements, and then deliberating.
(3) If the Planning Commission finds that the proposed plat amendment has no adverse impact on adjoining properties or public infrastructure, including public ways, easements, and dedicated open spaces, and results in no violation of this code, the Planning Commission shall approve it, imposing any conditions it finds necessary to ensure compliance. If no conditions are imposed, the proposed plat amendment may be signed by the Chair or Presiding Chair at this time.
(4) If the Planning Commission finds that there will be adverse impacts or a violation of this code, it shall deny the proposed plat amendment.
(5) If the approved amended plat must be revised to fulfill conditions imposed by the Planning Commission, the revisions may be submitted to the Zoning Administrator at any time within 180 days after its approval. The Zoning Administrator will obtain the signature of the Chair or Acting Chair of the Planning Commission. The approved plat amendment may then be recorded as provided by state law,
(6) An approved plat amendment must be recorded as provided by state law, within 365 days of its approval. No permit required by the Town may be issued within the area covered by a plat amendment until that amendment has been recorded.
(C) What must be shown on a proposed amended plat? It must:
(1) show the portion of the subdivision that is proposed to be amended and how that portion fits into the entire subdivision;
(2) show both the original lot lines and the proposed changes in those lot lines;
(3) show all public ways, easements (public and private), and dedicated open spaces, specifically including all utility easements; and all other information shown on the plat; Plats often show building envelopes and other specific types of restrictions. It is impossible to enumerate the possibilities, but they must all be carried over onto the amended plat.
(4) show all wells, watercourses, and irrigation works;
(5) have a name that clearly distinguishes it from the originally recorded plat of the subdivision;
(6) bear the signatures of all landowners whose consent is required;
(7) have a space for a signature indicating Planning Commission approval; and
(8) bear a signed surveyor’s certificate as required by state law.
(Ord. 2022-2, passed 6-2-2022)