10- October 28 Planning Commission Meeting Packet

SUMMARY of CHANGES Article I 1. Revised language of Section 1.03 PURPOSE to eliminate redundancy of previous draft and summarize those functions and purposes considered to be consistent with the NDCC. It incorporates general purposes of enabling legislation for County subdivision regulation and summarizes multiple objectives of the regulations. 2. Revises language of Section 1.04 APPLICABILITY AND JURISDICTION (b) to match language found in NDCC 11-33.2-15 that pertains to the circumstances in which these regulations are applicable. This is dependent on the NDCC 11-33.2-1 definition of “subdivision.” 3. Slightly rewords Section 1.04 APPLICABILITY AND JURISDICTION (d) to strengthen readability and applicability. 4. Slightly rewords Section 1.05 COMPLIANCE (b) to clarify applicability. It may be appropriate to insert language from the separate county ordinance on approach or access permitting. Article II 1. Revised language of Section 2.05 VARIANCE to eliminate applicability to zoning since this ordinance is not about zoning. Note also that the variance procedure now includes the intermediate step of a hearing at the Planning Commission which then makes a recommendation to the Board of County Commissioners for a final decision. Article III 1. Revised language of Section 3.04 RESPONSIBILITY FOR INTERPRETATION so that any appeal of an interpretation must go to the Planning Commission for a recommendation before the Board of County Commissioners makes a final decision on the appeal. It may be that this appeals process should follow the same format as the VARIANCE process --- this should be referred to the States Attorney office. Articles IV through VIII contain content in a new order. All requirements applicable to Minor Subdivisions occurs first, then requirements on Density and Deed Restrictions, and then all the requirements applicable for Major Subdivisions. Article IV 1. Revised language of Section 4.01 SUBDIVISION REVIEW AND PLAT APPROVAL REQUIRED so that the area that plat approval is required excludes any area where a city has established subdivision authority outside its municipal boundary. The intent of this change is to ensure that a loophole is not created wherein there is no local government authority to review and approve subdivisions. This is a matter for review by the States Attorney office. 2. Removed the creation of subdivisions for the purpose of mobile home parks and sites for the placement of manufactured housing as subject to the procedures and standards of the Ordinance. With the exception of farming and ranching, and other exemptions specified in the ordinance, all subdivisions are subject to the procedures and standards of the Ordinance.