A. Purpose And Intent: A waiver of platting procedure is hereby created wherein exceptions to the subdivision platting procedure contained within chapter 2 of this title are granted subject to specific criteria outlined in this section. The waiver of platting process is intended to provide a means of processing minor property divisions in a manner that is less time consuming to the city and less costly to the property owner.
B. Criteria For Waiver:
1. The waiver of platting procedure may be utilized when the proposed property subdivision will result in the creation of no more than two (2) parcels from one parcel currently under single ownership, where all of the following criteria are met:
a. The requested property division does not cause the need for the dedication of public right of way or other easements.
b. The subject property does not lie adjacent to a public roadway shown on a city, county and/or state thoroughfare plan for which right of way dedication will be requested.
c. The subject property does not lie adjacent to an existing public right of way for which an additional right of way dedication will be requested.
2. Property divisions that do not meet all of the above criteria shall be platted through the subdivision platting procedure outlined in chapter 2 of this title.
C. Procedure:
1. All requests for approval of a waiver of platting shall be filed with the city planning division. The following documentation shall accompany all requests:
a. A completed planning application form with all information to be supplied by the applicant provided.
b. Legal description of the entire property to be divided.
c. Legal descriptions of the new parcels to be created.
d. If the property abuts a state or county roadway, written certification from the appropriate agency shall be provided which:
(1) Approves driveway accesses for the proposed parcels; and
(2) Waives the need for the provision of additional rights of way and/or easements.
e. Fifteen (15) copies and reductions at eleven inches by seventeen inches (11"x17") of a topographic map for the subject property shall be provided. Included on the topographic map shall be:
(1) Proposed property boundaries resulting from the waiver of platting request.
(2) Scale of map.
(3) North point.
(4) Proposed building pad locations and elevations.
(5) Proposed septic system locations (unsewered properties only).
(6) Names and addresses of directly abutting property owners.
f. Processing fee, as established by resolution of the city council.
2. A request for approval of a waiver of platting shall not be accepted by the city staff unless all of the above information is provided at the time of application.
3. Upon receipt of all documentation outlined above, the request for a waiver of platting shall be scheduled for a review by the city planning commission.
4. Requests for approval of a waiver of platting shall be submitted according to the time schedule specified by the planning division staff, which will permit a minimum of ten (10) days' mailing notice of the request to be provided to the directly abutting property owners. Said notice period shall be provided in advance of planning commission consideration of the request. The written notice shall include the following information:
a. Applicant/property owner's name.
b. Case number.
c. Legal description of properties to be created.
d. Date, time and location of planning commission meeting.
e. General location of property.
5. The planning commission shall provide all individuals present at its consideration of the request an opportunity to submit written comments or to provide verbal comments.
6. The planning commission, upon considering all testimony, shall forward a recommendation to the city council relative to the request for a waiver of platting. The city council shall have the sole authority for approving or denying all requests for a waiver of platting. Approval of a waiver of platting shall be accomplished by resolution of the city council. Upon approval, the city clerk shall record with the county recorder's office a copy of the council's resolution approving the request.
7. In no instance shall more than one waiver of platting request be approved for parcels existing as of the effective date hereof. Parcels created through the waiver of platting process after said effective date shall not be resubdivided through the waiver of platting process. Resubdivision of such parcels shall occur in accordance with the formal subdivision platting process as outlined chapter 2 of this title. (Ord. 1038, 7-8-2002)