Article II – Administration
CHAPTER 54 – SUBDIVISION ORDINANCE
Sec. 54-16. – Subdivision Agent.
The authority of the Subdivision Agent shall be vested in the position of Director of Planning & Zoning unless otherwise appointed by the Board of Supervisors. The Subdivision Agent shall have all necessary authority on behalf of the Board to administer and enforce the provisions of this Ordinance, including, but not limited to:
- Receiving, processing, and acting upon all applications received pursuant to the provisions contained herein;
- Interpreting sections of this Ordinance and rendering determinations as needed;
- Establishing reasonable procedures, guidelines, and directives for the proper and diligent administration of this Ordinance; and
- Considering and acting upon requests for waivers and modifications, as specified herein.
Sec. 54-17. – Enforcement, Violations, and Penalties.
- Any person, or agent thereof, who violates any provision of this Ordinance shall be subject to a fine not to exceed five hundred dollars ($500) for each lot or part thereof so divided, transferred, or sold. Said person or agent shall furthermore be required to comply with all provisions of this Ordinance. Court-ordered subdivisions which do not comply with this Ordinance or with the Zoning Ordinance shall be required to comply before any permits for construction may be issued, or further subdivision may occur.
- Appropriate legal and/or equitable actions and proceedings may also be taken to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation, and to prevent illegal occupancy of a building, structure, or premises. This shall be in addition to the penalties described above.
- No permit shall be issued by any officer of the County for the construction or modification of any building, structure, or improvement which is in violation of this Ordinance.
- The Subdivision Agent may withhold approval of any application pursuant to this Ordinance which represents or contains any unlawful nonconformities, unless such action is necessary to correct said nonconformities.
Sec. 54-18. – Fees.
There shall be a charge for the examination and approval of every plat and plan reviewed by the Subdivision Agent. At the time of application, the subdivider shall pay a fee in accordance with the current fee schedule as set by ordinance of the Board of Supervisors. The Subdivision Agent shall not review any application for which the appropriate fees have not been paid.
Sec. 54-19. – Relationship to Private Contracts.
This Ordinance shall confer no responsibility upon any public official to enforce any private easement, covenant, agreement, or restriction. However, such contracts shall not be used to circumvent any part of this Ordinance. In the case of any plat and/or requisite plan which shows improvements to be installed and maintained for the benefit of more than a single lot, the Subdivision Agent shall require, as specified herein and as a prerequisite to approval of the plat and/or plan, that provisions be made for the owners to share responsibilities related to the construction, maintenance, upkeep, or replacement of said improvements.
Sec. 54-20. – Modifications, Waiver Requests, and Appeals Thereto.
- Where specifically authorized herein, one or more of the provisions of this Ordinance may be modified or waived by the Subdivision Agent upon demonstration by the subdivider that there exists an unusual situation or where strict adherence to said provisions would result in substantial injustice or hardship. However, when granting such a waiver or modification, the Subdivision Agent shall notify the Planning Commission contemporaneously with the applicant; and such notice shall be recorded in the agenda of the next meeting of the Planning Commission following the grant of the waiver or modification. Waivers shall not be issued or used to circumvent any requirement of this Ordinance or other regulation.
- The subdivider shall provide written notice of the waiver request to all adjoining property owners. Said notice shall be issued by the Subdivision Agent and the cost of providing the notice shall be paid by the subdivider.
- A waiver or modification request shall be submitted in writing to the Subdivision Agent with or prior to an application for plat/plan review. Such a request shall include a specific statement of relief requested, the nature of the injustice or hardship incurred, and the reasoning why the request should be granted. The Subdivision Agent may reasonably require additional materials related to the request in order to render a decision. Such a decision shall be rendered within thirty (30) days of receipt of the request. Failure to render a decision shall automatically cause for referral to the Board of Supervisors for a decision.
- Any person aggrieved by a waiver or modification decision made by the Subdivision Agent may appeal that decision to the Board of Supervisors. Such appeal shall be in writing and must be filed with the clerk of the Board within thirty (30) days of the aggrieved party’s notice of the Subdivision Agent’s decision. The Board shall consider the appeal during a regular meeting within forty-five (45) days of the date of the appeal. The decision of the Board shall be final and unappealable.
- In the case of an appeal to the Board of Supervisors of the Subdivision Agent’s waiver or modification decision, notice (as provided in subsection (b) above) shall be deemed to have taken place when:
- The applicant was notified (in the case of appeal by an applicant);
- The Planning Commissioner was notified (in the case of appeal by an aggrieved Commissioner);
- When the notice was recorded in the agenda of a meeting of the Planning Commission (in the case of an appeal by any other aggrieved person); or
- When the aggrieved party received actual notice (including the full text of such decision), but only if the aggrieved person receives such actual notice prior to any of the deadlines described in paragraphs (i) through (iii).
Sec. 54-21. – Limitation on Validity of Incomplete Applications.
Any application for plat or plan review submitted pursuant to this Ordinance which is deemed incomplete or not approvable as submitted shall be deemed void if the applicant fails to make the submittal complete within twelve (12) months of the County notification thereof. This shall apply to any initial submittal for review and any subsequent re-submittal necessary to address written comments from the County or necessary corrections to the initial submittal. In such cases, a new application for review and the associated review fee shall be required.
Sec. 54-22 – 54-27. – Reserved.