17.20.030 Action on waiver applications.
A. Waiver applications must be submitted at least 45 calendar days before the meeting of the Platting Board at which the proposed subdivision will be considered.
B. Within 25 calendar days after the submittal deadline, the Platting Officer shall determine if the application meets the requirements of FNSBC 17.20.020 and do one of the following:
1. If the application is complete, the Platting Officer shall accept the application for review and action;
2. If the application is incomplete, return it to the applicant with a written list of deficiencies to be satisfied for acceptance.
C. After acceptance of the application and at least 14 calendar days prior to the time set for the Platting Board review and action, the Platting Officer will:
1. Prepare a staff report that includes a recommendation for approval or denial of the proposed subdivision;
2. Send notice of the proposed subdivision to adjoining property owners.
D. Verbal testimony by parties and interested persons may be given at the Platting Board meeting. When the property owner is the Borough written comments may be submitted and general public comment shall be permitted at the beginning of the quasi-judicial hearing.
E. No revisions to the application will be considered which are subsequent to the preparation of the staff report and notice of the proposal to adjoining property owners. Any such revisions will be treated as a new application and reviewed at the next regularly scheduled meeting of the Platting Board.
F. All plans, data, and other supporting material shall be available for public inspection at the Department of Community Planning at least 14 calendar days prior to the time set for Platting Board review.
G. Notice of the application shall be published in a newspaper of general circulation not less than five calendar days prior to the date of consideration by the Platting Board.
H. An accepted application shall be placed on the agenda of the next regularly scheduled Platting Board meeting.
1. The Platting Board may impose such conditions as it deems necessary to ensure compliance with this title.
2. The board shall adopt specific findings of fact and reasons for its action if any of the following occurs:
a. The board denies the application;
b. The board imposes conditions opposed by the applicant;
c. The board grants approval over the objection of any person or agency.
I. If the parcels created by a waiver of the plat require a survey under FNSBC 17.20.040(B), the applicant shall have 24 months in which to satisfy all conditions of Platting Board approval and submit a certificate of survey for final approval.
J. The certificate of waiver shall be recorded upon the Platting Officer’s receiving and approving the certificate of survey and proof that taxes and assessments are paid.
K. If the certificate of survey has been approved, the Platting Officer shall record the certificate of waiver within five working days after the appeal period expires or after an appeal is decided by the Planning Commission.
L. A certificate of waiver creates the subdivision when executed by the owners and signed and recorded by the Platting Officer.
M. The board’s decision may be appealed as provided in Chapter 17.68 FNSBC. (Ord. 2014-42 § 5, 2014; Ord. 2013-69 § 5, 2013; Ord. 2013-51 § 5, 2013; Ord. 2013-50 §§ 8, 9, 2013; Ord. 2007-77 § 3, 2008; Ord. 2005-10 § 2, 2005. 2004 Code § 17.30.090.)