Article II — TENTATIVE MAP

When a parcel map is required by this chapter, a tentative parcel map shall first be filed with the Planning Department. The map shall meet all the requirements for tentative maps provided by the Subdivision Map Act and this chapter.

(Code 1968, § 27a-7)

Tentative maps shall be filed with the Planning Department and shall be processed in accordance with the Subdivision Map Act and the provisions of this chapter. The subdivider shall file as many copies of the tentative map as may be required by the Planning Director.

(Code 1968, § 27a-9)

(a)

Applications for approval of tentative maps, including the maps themselves, shall not be accepted for filing or be deemed to have been filed unless such applications fully comply with the provisions of this chapter.

(b)

If the design of a proposed subdivision or the intended use of the land included in a proposed subdivision does not comply with all rules of the applicable zone, the tentative subdivision map shall not be accepted for filing or be deemed to have been filed unless the subdivider concurrently prosecutes proceedings under chapter 29 of this Code to change the zone or to obtain a variance from the provisions thereof, and the change or variance would, if granted, allow the subdivision or intended use.

(c)

The time period during which action by the advisory agency upon a tentative map is required does not begin until the map can be and is accepted for filing pursuant to the provisions of this section.

(Code 1968, § 27-10.1)

Every tentative map of a subdivision, prints of which are filed with the Planning Department, shall be clearly and legibly drawn to scale and in such size and such form as may be prescribed by the Planning Director, and shall show clearly all the details of the proposed subdivision.

(Code 1968, § 27-8)

Every tentative map of a subdivision shall include the following information:

(1)

The tract name or designation.

(2)

A sufficient legal description of the land to define the boundaries of the proposed tract.

(3)

The name and address of the owner and subdivider and of the registered civil engineer or licensed surveyor.

(4)

The locations, names and widths of all adjoining highways, streets, or ways, the names of adjacent subdivisions and the names of record owners of unsubdivided adjoining property.

(5)

The width and approximate grades of rights-of-way and roadways for all highways, streets and ways within such proposed subdivision, with typical cross sections showing proposed improvements.

(6)

The widths and approximate locations of all existing or proposed easements, whether public or private, for roads, drainage or sewers.

(7)

The approximate radius of all curves.

(8)

The approximate lot layout and the approximate dimensions of each lot.

(9)

The approximate location and direction of flow of all watercourses and natural drainage channels; and approximate locations of all areas covered by water or subject to overflow.

(10)

The flood hazard area and the elevation of the base flood.

(11)

The elevation of proposed structures and pads. If the site is to be filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Flood Administrator.

(12)

The source of water supply.

(13)

The proposed method of sewage disposal.

(14)

The proposed use of the property.

(15)

The proposed public areas, if any.

(16)

Contour lines showing one-foot contours for ground slopes of less than five (5) feet vertical and one hundred (100) feet horizontal distance, and five-foot contours for ground slopes in excess thereof. Such contours shall be referred to the mean sea level datum as established by the United States Geological Survey, or to benchmarks established by the Town Engineer. Proposed cuts and fills shall be clearly delineated on the map in accordance with the provisions of chapter 12.

(17)

The date, north point and scale.

(18)

The number of each lot.

(19)

The approximate location and outline to scale of each existing building or structure which is not to be moved in the development of the subdivision.

(20)

Each street shown by its actual street name or by a temporary name or letter for the purpose of identification until the proper name of such street is determined.

(21)

The proposed division of land and airspace within the subdivision.

If it is impossible or impracticable to place upon the tentative map any matter required in this section, such matter or information shall be furnished in a written statement which shall be submitted with such map. Before preparing a tentative map the subdivider and his engineer shall familiarize themselves with the subdivision design standards of the town which may be adopted from time to time by the Town Council.

(Code 1968, § 27-9; Ord. No. 1763, § V, 10-3-88)

(a)

When the proposed subdivision is a condominium or a planned development, the subdivider shall present with the tentative map a copy of any instrument or document such as covenants, conditions and restrictions which is intended to be used to effect the subdividing of the land.

(b)

The regulation imposed by this section is not limited to the instruments commonly referred to as covenants, conditions and restrictions, and includes legends on subdivision maps, deeds of easements, articles of incorporation and bylaws.

(Code 1968, § 27-9.5)

Upon receipt of a complete application for tentative map approval, including the required number of copies of maps and documents, the planning director shall transmit copies of the application to Town officials, public utilities or other persons, with a request for a report and recommendation.

(Code 1968, § 27-10)

The advisory agency shall hold a public hearing on the consideration of each tentative map, and notice thereof shall be given as provided in Government Code section 66451.3. Any interested person may appear at such a hearing and shall be heard.

(Code 1968, § 27a-10)

On the date set for consideration of a tentative map of a subdivision, the advisory agency shall hear the reports and recommendations of the Development Review Committee. The advisory agency shall also hear all comments and opinions of the subdivider and the subdivider's representatives.

(Code 1968, § 27-12)

In addition to considering all aspects of the physical design and plans for improvement of the subdivision, the advisory agency shall consider the material required to be presented under the provisions of section 24.20.035 in determining whether the proposed subdivision complies with the standards of approval of State law and of this chapter.

(Code 1968, § 27-12.5)

The advisory agency is authorized to approve or disapprove tentative maps, to impose such conditions on approvals as are necessary, either for the public welfare or to offset the burdens the subdivision will impose on the public, and to make findings under the provisions of Government Code sections 66473.5 and 66474.

(Code 1968, § 27a-12)

When approving an application for a tentative map showing land which is also shown on a previously approved, unexpired tentative map, the advisory agency may as a condition of approval of the second tentative map annul the first approval.

(Code 1968, § 27-13.5)

(a)

Expiration. The approval or conditional approval of a tentative map shall expire twenty-four (24) months from the date the map was approved or conditionally approved.

(b)

Extension. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the Planning Department, such application to be filed at least sixty (60) days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised.

(c)

Time limit on extensions. An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of twelve (12) months.

(d)

Effect of map modification on extension. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section.

(e)

Exceptions. The time limits contained in this section are subject to the exceptions specified in Government Code section 66452.6.

(Code 1968, § 27a-13)

Any interested person adversely affected by a decision of the advisory agency may file an appeal with the Town Clerk concerning such decision. Any such appeal shall be filed with the Clerk within ten (10) days

after the action which is the subject of the complaint. Upon the filing of that appeal, the Clerk shall set the matter for hearing. The Town Council shall hear the appeal within thirty (30) days. The notice, hearing and decision shall be conducted in the manner provided by Government Code section 66452.5.

(Code 1968, § 27a-14)

As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and open space land or easement, park lands, trail rights-of-way or easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements.

(Code 1968, § 27a-15)