5.02.08 SUBDIVISION APPLICATIONS: AMENDING A SUBDIVISION

A. This Section describes three ways a subdivision may be amended: (1) by vacating private land for public use, (2) by fixing immaterial typographical or clerical errors on recorded documents, and (3) by materially adjusting the lot sizes or number of lots on a plat. B. Vacating private land: The Town Council may vacate a subdivision or a portion of a subdivision by enacting an ordinance to that effect that describes the subdivision or the portion being vacated and recording that ordinance in the County Recorder's Office. C. Immaterial corrections: A property owner or agent of a property owner may correct minor typographical or clerical errors in a document of record by filing with the County an affidavit or other appropriate instrument. This provision does not apply to changing the name of a subdivision, which requires a material amendment described in the following provisions. D. Material amendments: A fee owner of land in a platted subdivision may request a material subdivision amendment by filing a written petition with the Town Council. This petition must meet all the requirements for a subdivision application specified in Section 5.02.01, with the following changes: 1. The plat (or the record of survey map, if applicable) should: a. Depict only the portion of the subdivision that is proposed to be amended; b. Include a plat name distinguishing the amended plat from the original plat and all other plats within County records; c. Describe the differences between the amended plat and the original plat; d. Include references to the original plat; and e. Meet all the other plat requirements specified in Section 5.02.01(B)(2). 2. The petition must additionally include the name and address of each property owner affected by the petition and the signature of each of those property owners who consent to the petition. 3. The petitioner must include with the petition envelopes addressed to each property in the subdivision. E. Upon receipt of an amendment petition, the Town Council (or Town staff, as delegated) shall provide written notice of the petition to: 1. Each utility provider that services a parcel of the subdivision. The Town shall not approve an amendment petition until at least 10 calendar days after noticing these utility providers. The Town may notify the utility providers in any effective manner (email, mail). 2. Each property owner in the subdivision. The Town shall notify these property owners by 1st Class U.S. mail. F. The Town Council shall hold a public hearing, before approving an amendment petition, and within 45 calendar days after the day on which the petition is submitted if: 1. A property owner objects in writing to the amendment within 10 days of the Town notifying the property owner by mail, or 2. Not every property owner in the subdivision has signed the revised plat. G. Notwithstanding Section 5.02.08(E), the Town Council need not hold a public hearing if notice has been given to adjoining property owners in accordance with any applicable local ordinance and the petition seeks to: 1. Join two or more of the petitioner’s contiguous lots; 2. Subdivide one or more of the petitioner's lots; 3. Adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the fee owners of each of the adjoining properties join in the petition, regardless of whether the properties are located in the same subdivision; 4. On a lot owned by the petitioner, adjust an internal lot restriction imposed by the local political subdivision; or 5. Alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not owned by the petitioner or designated as a common area. H. If the Town Council approves the amendment petition, the petition must be signed by the Town Council and signed, acknowledged, and dedicated by each owner of record of the portion of the plat that is amended. Then the petitioner shall record the plat, subject to the completion or guarantee of any improvements, as described in Section 5.02.07. I. Any amendment petition the Town Council approves must identify and preserve any easements owned by a culinary water authority and sanitary waste authority for existing facilities located within the subdivision.