1b. First reading-amended subdivision ordinance_application requirements
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1b. First reading-amended subdivision ordinance_application requirements
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Page 1 of 4 <br /> <br /> <br /> <br /> <br /> <br /> <br />Cass County Planning Commission Staff Report <br /> <br />Entitlements <br />Requested: Cass County Subdivision Ordinance (CCSO) Text Amendment <br />Title: <br />§106.4, §302.1, §302.4, §303, <br />§303.4, §305.1 CCSO Text <br />Amendment <br />Date: <br />Update: <br />04-12-2019 <br />05-23-2019 <br />Location: N/A Staff <br />Contact: Barrett Voigt <br />Owner(s)/Applicant: Cass County Engineer/ <br />Surveyor: N/A <br />Status: County Commission Hearing: June 3, 2019 <br /> <br /> <br />Proposal <br /> <br />The County Planner is seeking approval of a text amendments of §106.4, §302.1, §302.4, §303, §303.4, §305.1 <br />of the Cass County Subdivision Ordinance (CCSO) for the purpose of eliminating conflicts between county <br />ordinance and North Dakota Century Code (N.D.C.C.) §11-33.2-05 county subdivision regulation of public <br />hearing requirements as well as reducing public hearing notification cost inefficiencies. <br />. <br />Staff Analysis <br /> <br />During the month of February, Planning Department staff identified a potential conflict between local CCSO <br />§302.1, §302.4, §303, §303.4, §305.1 and N.D.C.C. §11-33.2-05 due to the short number of days in the month. <br /> <br />The CCSO requires that any application submitted to the County Planner be provided twenty one (21) days prior <br />to the next scheduled Planning Commission meeting. This requirement results in the establishment of an <br />application deadline 21 days prior to any Planning Commission Meeting. In addition, N.D.C.C. §11-33.2-05 <br />requires notification of a public hearing once a week for two (2) consecutive weeks. Given the limited number of <br />days of February, staff was tasked to meet the application deadline of the local newspaper to request that a <br />notification be published for subdivision application Planning Commission hearing requests in order to fulfill the <br />N.D.C.C. §11-33.2-05 requirements and only pay the standard fee for the service. However, if staff were to <br />pursue conventional practice and meet the newspaper deadline to acquire a standard fee for notification services, <br />the last notification (2nd notification) would then be published during the week of the meeting and only 4 days <br />prior to the public hearing. <br /> <br />To seek clarification on the state statue notification requirements, Planning Department staff contacted the office <br />of the North Dakota Attorney General and the State’s Attorney office. Both offices concluded that it was
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