§4403. Municipal review and regulation






This section governs municipal review of proposed subdivisions. [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]








1. Municipal reviewing authority. 
The municipal reviewing authority shall review all requests for subdivision approval.
On all matters concerning subdivision review, the municipal reviewing authority shall
maintain a permanent record of all its meetings, proceedings and correspondence.


[
1989, c. 104, Pt. A, §45 (NEW);
1989, c. 104, Pt. C, §10 (NEW)
.]








1-A. Joint meetings. 
If any portion of a subdivision crosses municipal boundaries, all meetings and hearings
to review the application must be held jointly by the reviewing authorities from each
municipality. All meetings and hearings to review an application under section 4407
for a revision or amendment to a subdivision that crosses municipal boundaries must
be held jointly by the reviewing authorities from each municipality. In addition
to other review criteria, the reviewing authorities shall consider and make a finding
of fact regarding the criteria described in section 4404, subsection 19.


The reviewing authorities in each municipality, upon written agreement, may waive
the requirement under this subsection for any joint meeting or hearing.


[
1997, c. 226, §1 (AMD)
.]








2. Regulations; review procedure. 
The municipal reviewing authority may, after a public hearing, adopt, amend or repeal
additional reasonable regulations governing subdivisions which shall control until
amended, repealed or replaced by regulations adopted by the municipal legislative
body. The municipal reviewing authority shall give at least 7 days' notice of this
hearing.





A. The regulations may provide for a multi-stage application or review procedure consisting
of no more than 3 stages:





(1) Preapplication sketch plan;







(2) Preliminary plan; and







(3) Final plan.




Each stage must meet the time requirements of subsections 4 and 5. [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]








[
1989, c. 104, Pt. A, §45 (NEW);
1989, c. 104, Pt. C, §10 (NEW)
.]








3. Application; notice; completed application. 
This subsection governs the procedure to be followed after receiving an application
for a proposed subdivision.





A. When an application is received, the municipal reviewing authority shall give a dated
receipt to the applicant and shall notify by mail all abutting property owners of
the proposed subdivision, and the clerk and the reviewing authority of municipalities
that abut or include any portion of the subdivision, specifying the location of the
proposed subdivision and including a general description of the project. The municipal
reviewing authority shall notify by mail a public drinking water supplier if the subdivision
is within its source water protection area. [1999, c. 761, §11 (AMD).]










B. Within 30 days after receiving an application, the municipal reviewing authority shall
notify the applicant in writing either that the application is complete or, if the
application is incomplete, the specific additional material needed to complete the
application. [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]











C. After the municipal reviewing authority has determined that a complete application
has been filed, it shall notify the applicant and begin its full evaluation of the
proposed subdivision. [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]











D. The municipal reviewing authority may not accept or approve final plans or final documents
prepared within the meaning and intent of Title 32, chapter 141 that are not sealed and signed by the professional land surveyor under whose responsible
charge they were completed, as provided in Title 32, section 18226. [2013, c. 180, §3 (AMD); 2013, c. 180, §6 (AFF).]








[
2013, c. 180, §3 (AMD);
2013, c. 180, §6 (AFF)
.]








4. Public hearing; notice. 
If the municipal reviewing authority decides to hold a public hearing on an application
for subdivision approval, it shall hold the hearing within 30 days after determining
it has received a complete application. The municipal reviewing authority shall have
notice of the date, time and place of the hearing:





A. Given to the applicant; and [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]











B. Published, at least 2 times, in a newspaper having general circulation in the municipality
in which the subdivision is proposed to be located. The date of the first publication
must be at least 7 days before the hearing. [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]








[
1989, c. 104, Pt. A, §45 (NEW);
1989, c. 104, Pt. C, §10 (NEW);
1989, c. 497, §6 (AMD)
.]








5. Decision; time limits. 
The municipal reviewing authority shall, within 30 days of a public hearing or,
if no hearing is held, within 60 days of determining it has received a complete application
or within any other time limit that is otherwise mutually agreed to, issue an order:





A. Denying approval of the proposed subdivision; [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]











B. Granting approval of the proposed subdivision; or [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]











C. Granting approval upon any terms and conditions that it considers advisable to:





(1) Satisfy the criteria listed in section 4404;







(2) Satisfy any other regulations adopted by the reviewing authority; and







(3) Protect and preserve the public's health, safety and general welfare. [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]











[
1989, c. 104, Pt. A, §45 (NEW);
1989, c. 104, Pt. C, §10 (NEW);
1989, c. 497, §7 (AMD)
.]








6. Burden of proof; findings of fact. 
In all instances, the burden of proof is upon the person proposing the subdivision.
In issuing its decision, the reviewing authority shall make findings of fact establishing
that the proposed subdivision does or does not meet the criteria described in subsection
5.


[
1989, c. 104, Pt. A, §45 (NEW);
1989, c. 104, Pt. C, §10 (NEW)
.]








7. Conditioned on variance. 
If the initial approval or any subsequent amendment of a subdivision is based in
part on the granting of a variance, the subdivider must comply with section 4406,
subsection 1, paragraph B.


[
1989, c. 104, Pt. A, §45 (NEW);
1989, c. 104, Pt. C, §10 (NEW)
.]





SECTION HISTORY

1989, c. 104, §§A45, C10 (NEW).
1989, c. 497, §§4-7 (AMD).
1995, c. 93, §1 (AMD).
1997, c. 226, §1 (AMD).
1999, c. 761, §11 (AMD).
2013, c. 180, §3 (AMD).
2013, c. 180, §6 (AFF).