This bill makes the following changes to the laws governing subdivisions.
1. It removes from subdivision review any projects that would result in the construction or placement of, or the division of an existing structure into, 3 dwelling units on a single tract or parcel of land. Current law provides that any such projects that would result in 3 or more dwelling units may be subject to subdivision review.
2. It removes from subdivision review any projects that would result in the construction or placement of, or the division of an existing structure into, more than 3 but not more than
18 dwelling units on a single lot located in a designated growth area within a municipality where the project is subject to municipal site plan review.
3. It adopts a definition for "administrative reviewing authority," which means a municipal employee or other designee of a municipality. It also provides that the administrative reviewing authority must review any subdivision application that proposes the construction or placement of, or the division of an existing structure into, more than 3 but not more than 18 dwelling units on a single lot in a designated growth area and, if the municipality has adopted a municipal site plan review ordinance, the administrative reviewing authority must review the application in accordance with the municipal site plan review process.
4. It requires a municipal reviewing authority, when reviewing an application for subdivision approval, to determine that the proposed subdivision is not located in an area
43 identified and designated in the municipality's comprehensive plan as a rural area, unless
44 the area is a designated growth area or an area for which the municipality has adopted a
45 plan governing the approval of subdivisions.
Statutes affected: Bill Text LD 1257, HP 805: 30-A.4301, 30-A.4401, 30-A.4402, 30-A.4403, 30-A.4404