Note: Editor's note: The title of Chapter 14.48 was amended by Ord. 204 § 2.
A. 
The planning commission or town council may, in accordance with the provisions of this chapter, grant, conditionally approve or deny requests by a subdivider for modifications to the requirements or standards imposed by these regulations; provided, however, that no modifications may be made to any requirement imposed by the Subdivision Map Act; and further provided, that nothing herein shall be construed as altering or conflicting with the powers and duties of the planning director or planning commission to authorize variances from the regulations and requirements of the zoning ordinance. Modifications may be recommended to the planning commission or town council by the subdivision review committee. A minor change in the design of a subdivision which is not violative of the requirements or standards imposed by these regulations shall not be deemed to be a "modification" as the term is used in this title.
B. 
Where a modification is sought from the requirements or standards imposed by these regulations, and the same requirement is imposed by the town's zoning ordinance, a separate variance under the zoning ordinance shall not be required.
(Ord. 185 § 1, 1998)
Before granting any modification, the planning commission or town council shall make all the following findings:
A. 
That the property to be divided is of such size or shape, or is affected by such topographic conditions, or that there are such special circumstances or conditions affecting the property that it is impossible, impractical or undesirable in the particular case to conform to the strict application of these regulations;
B. 
That the cost to the subdivider of strict or literal compliance with the regulation is not the sole reason for granting the modification;
C. 
That the modification will not be detrimental to the public health, safety or welfare or be injurious to other properties in the vicinity;
D. 
That granting the modification is in accord with the intent and purposes of these regulations and is consistent with the general plan and with all other applicable specific plans of the town.
In granting a modification, the planning commission or town council may impose such conditions as are necessary to protect the public health, safety or welfare, and assure compliance with the general plan, with all applicable specific plans, and with the intent and purposes of these regulations.
(Ord. 185 § 1, 1998)
A. 
Modification requests shall either be filed with the tentative map or shall be filed during the period of time between approval of the tentative map and recordation of the final map or parcel map.
B. 
For the purposes of this chapter, modifications filed prior to the approval of the tentative map shall be referred to as "subdivision modifications," and modifications filed after approval of the tentative map shall be referred to as "post-subdivision modifications."
C. 
Action by the planning commission or town council on any post-subdivision modification shall not extend the time for filing the final map or parcel map with the town engineer.
(Ord. 185 § 1, 1998)
A. 
Applications for any modifications shall be filed, in writing, by the subdivider in the town planning department upon a form and in the number of copies required for that purpose.
B. 
Each application shall state fully the nature and extent of the modification required, the specific reasons therefore, and the facts relied upon. The application shall clearly show that the modification is necessary and is consistent with each of the findings required by Section 14.48.020. A fee shall be established by resolution of the town council and shall accompany each application for a modification.
(Ord. 185 § 1, 1998)
The planning director shall transmit copies of the modification application for review and comment to members of the subdivision review committee and to such other public or private agencies or departments affected by the proposed modification as the director deems appropriate.
(Ord. 185 § 1, 1998)
A. 
Subdivision Review Committee Consideration.
1. 
Any modification shall be considered by the subdivision review committee, which shall make a recommendation on the requested modification. A subdivision modification shall be noticed in the same manner as the tentative map application, and shall be considered by the subdivision review committee at the same meeting as it considers the tentative map application. A post subdivision modification shall be noticed in the same manner as a tentative map over which the planning commission has final authority.
2. 
Upon conclusion of the meeting, the subdivision review committee shall within thirty days, or at the time it takes action on the tentative map, make a recommendation to the planning commission or town council based upon the evidence and testimony produced before it, together with the results of its investigations. If the modification is recommended, a statement of any conditions attached thereto shall be forwarded to the subdivider and to the planning commission or town council. If disapproval is recommended, the subdivider and the planning commission or town council shall be furnished with the statement of reasons for such denial.
B. 
Planning Commission or Town Council Approval.
1. 
Subdivision Modifications. A subdivision modification shall be considered by the planning commission, unless it is sought as part of a tentative map requiring town council approval, in which case it shall be considered by the town council. The planning commission shall make a recommendation on those subdivision modifications requiring town council approval.
a. 
A request for a subdivision modification shall be considered by the planning commission or the town council at the scheduled hearing on the tentative map. Notice of the hearing before the planning commission or the town council shall be given in the manner prescribed in Section 14.20.090(A) for tentative maps. Notice of the time, place and purpose of the meeting shall also be given to the subdivider and any other interested person or party who has requested in writing to be so notified.
2. 
Post Subdivision Modifications. A post subdivision modification shall be considered by the planning commission. Notice of the hearing before the planning commission shall be given in the manner prescribed in Section 14.020.090(A) for tentative maps. Notice of the time, place and purpose of the meeting shall also be given to the subdivider and any other interested person or party who has requested in writing to be so notified.
(Ord. 185 § 1, 1998)
A. 
Upon conclusion of the hearing, the planning commission or the town council shall make a determination based upon the evidence and testimony offered, together with the results of its investigations, if any.
B. 
A copy of the written findings and a complete statement of any conditions of approval shall be placed on file with the secretary of the planning commission or in the office of the town clerk and copies thereof furnished to the subdivider.
(Ord. 185 § 1, 1998)
A subdivider or interested person may appeal any action of the planning commission on a subdivision modification pursuant to the procedure set forth in Section 14.20.110.
(Ord. 185 § 1, 1998)