This proposed ordinance would amend Chapter 29 of the Code Of Ordinances: Subdivision And Development Review.
It specifically amends Section 29-47, Vacation And Annulment Of Plats, Easements, and Right-Of-Way; it provides requirements for the replatting of subdivisions recorded before and after the adoption of the present Land Development Code, which was adopted on July 28, 1997 in Ordinance 97-19.
A replat of a plat recorded after July 28, 1997 which increases the number of lots or eliminates open space, recreational areas, or common property shall require written consent of all property owners within the plat.
A replat of a plat recorded on or before July 28, 1997 shall not require written consent of the property owners within the plat but shall follow the procedures outlined in Chapter 29 combined with due public notice as defined in Article 32 of the Land Development Code.
Additionally a provision is included to allow The Board of County Commissioners to deny a request for a vacation or annulment if it is determined by the Board to be a detriment to the subdivision. A detriment may be defined, at the Board's discretion, as actions that:
a. result in a reduction in common open space or other public space;
b. result in a reduction of community recreational elements;
c. result in an impediment to access to properties within or outside of the subdivision;
d. result in any other negative impact deemed relevant by the Board of County Commissioners which applies to a particular property or situation. |