This chapter establishes the procedure and requirements for making simple changes to a recorded plat when not involving a vacation or dedication of a public street right of way or private road easement. (Ord. 16-007, 6-20-2016)
(1) Application For Change:
A. The person seeking a change must file an application on a form provided by the director, and the fees. The application must demonstrate full compliance with all requirements established by the board as prerequisites for making a change to a plat.
B. When the application is filed, the director shall have a period of fourteen (14) calendar days from the time of receipt of the application to determine whether the application is complete.
C. If the director determines that the application is not complete, the application shall be returned to the applicant with written instructions as to what deficiencies must be satisfied. No further consideration will be given to the application until it is returned by the applicant and determined by the director to be complete.
D. When a fully completed application has been filed and the fees paid, the director shall conduct a review. The burden of proof is on the applicant to show compliance with the requirements for a simple change to a recorded plat. The director may grant the application only if the changed plat can meet all requirements of the zone in which it is located.
(2) Approval Or Denial:
A. If the director denies the application, he shall state his reasons in written findings within fourteen (14) calendar days of the denial. A copy shall be forwarded by mail to the applicant at the address given on the application.
B. If the director grants the application, the applicant must submit a record of survey showing the plat change pertaining to the request and a metes and bounds description of all changed lots. The record of survey must bear in the title or in a side note on the record of survey that the purpose of the record of survey is to change the specific plat, stating the name of the plat, with affected lots and blocks. The written decision of the director and a copy of the record of survey must be recorded at the applicant's expense.
C. Any affected person who is aggrieved by the director's decision may file a written notice of appeal in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)