A subdivider may request a modification to a subdivision standard as provided for in this section.
A. Authority to Approve Modifications: The authority to approve modifications to a subdivision design standard are as follows:
1. Standards for Public Utilities and Flood Control: Shall be determined by the director of public utilities based on the standards for approving modifications in Subsection B.
2. Standards for Connectivity and Street Design: Shall be determined by the transportation director based on the standards for approving modifications in Subsection B.
3. Standards for Natural Features, Blocks, and Lots and Parcels: Shall be determined by the planning director based on the standards for approving modifications in Subsection B. Modifications may also be considered as part of a planned development pursuant to Chapter 21A.55 Planned Developments when a subdivision is associated with a planned development application. However, a planned development may not be submitted when the only modification requested is a modification to a subdivision standard.
B. Standards for Approving Modifications: Any request for a modification shall be identified in the preliminary subdivision application or as a supplement to an application in response to city review comments and include evidence provided by the subdivider that the following standards are satisfied:
1. The proposed modification will not diminish the ability of the city to provide service to the properties within the subdivision;
2. The proposed modification does not negatively impact any future city plans related to transportation or public utilities;
3. The proposed modification complies with adopted engineering standards, or a different engineering standard endorsed by a professional organization that provides standards for public infrastructure and the authority identified in Paragraph A finds that the modified standard is substantially similar to the city adopted standard;
4. The proposed modification does not jeopardize the integrity, structure, function, future needs, capacity, or purpose of any other public infrastructure; and
5. The proposed modification does not result in a detrimental effect to nearby properties that may be caused by the proposed modification during the construction process. A detrimental effect includes:
a. Dirt, rock, or other debris falling or being placed on adjacent property;
b. Storm water, snow melt, or irrigation water flowing onto other property;
c. A decrease in access to adjacent properties;
d. Degradation of any public property or easement;
e. Any impact that jeopardizes the health or safety of any person, structure, vegetation, or property. (Ord. 73-23, 2023)