Atlanta › Land Development Code — Part III
Part 15, Chapter 7 — Applications and Plats
§ 15-07.001
Applications.
Sec. 15-07.001. Applications.
All applications for the subdivision of land within the City of Atlanta shall be filed with the bureau of planning on forms promulgated by said bureau. The bureau of planning shall take no action regarding any application unless and until said application contains all data and information required by this part. No application shall be deemed to be "filed" unless and until it contains all data and information required by this part, fees have been paid, and is properly signed and authorized. If any application is incomplete, the applicant shall be notified in writing within 10 days of receipt of said incomplete application. (Code 1977, § 15-07.001)
§ 15-07.002
Application forms and data required.
Sec. 15-07.002. Application forms and data required.
Applications for the subdivision of land shall conform to the following requirements:
(a)Each application shall be typewritten and shall contain the signature of the owner or, if more than one, all owners of the property which is the subject of the application, which signature(s) shall authorize the filing of said application.
(b)Each application shall be accompanied by a proposed subdivision plat which shall conform to all applicable requirements of this part. Said proposed subdivision plat shall conform to the minimum requirements of applicable state law, and be prepared, signed and sealed by a professional land surveyor registered and licensed to practice in the State of Georgia.
(c)The applicant shall provide a reasonable representation of the proposed subdivision drawn on the most recent City of Atlanta topographic map with existing building footprints at a scale of one (1) inch equals 200 feet. Said drawing shall include street and curb lines and proposed lot lines.
(d)Applicants requesting approval of a preliminary subdivision plat shall provide all of the data required in section 15-07.003 below.
(e)Applicants requesting approval of a final subdivision plat shall provide all of the data required in section 15-07.004 below.
(Code 1977, § 15-07.002)
§ 15-07.003
Preliminary plat data.
Sec. 15-07.003. Preliminary plat data.
Each application for approval of a preliminary subdivision plat and the accompanying construction drawings shall be supported by the following documentation:
(a)Eight (8) copies of each preliminary plat shall be submitted and shall be at a scale not smaller than 50 feet to one (1) inch, and sheet size shall not exceed 24 × 36 inches.
(b)For any proposed new street installations, the following is required: suggested street names; right-of-way and street widths; central angles of proposed street intersections with existing street intersections; dimensions of radii of any street curvatures based on centerline stationing; dimensions of radii to face of curb and right-of-way for any proposed cul-de-sac; profiles based on proposed centerline stationing, including all vertical curve data and grades; similar data for alleys, if any.
(c)All proposed lots, with dimensioned lot lines and areas in square feet and acreage (minimum three-place accuracy), lot numbers, and block numbers.
(d)Sites, if any, to be dedicated or reserved for parks, playgrounds, schools or other public uses, together with the purpose and the conditions or limitations of such dedication, if any.
(e)Boundary lines from actual field-run survey records and minimum building setback lines (front, side, rear) for all lots.
(f)Easements, including their location, width, and purpose.
(g)Existing streets on and abutting the tract, including names, right-of-way width, pavement width and location.
(h)Provisions for the installation of an overhead street lighting system approved by the bureau of traffic and transporta-tion to be paid for by the developer addressing pole type, pole locations, size, type, and number of lamps.
(i)Other conditions on the tract that are visually identifiable, or are a matter of public record, or are known to the applicant, including landfills, watercourses, utility lines and utility structures (sanitary and storm sewer, water, gas, power, telephone, overhead streetlighting and similar utility structures), foundations or buried structures, borrow pits, abandoned wells, burial pits, leach fields, septic tanks, drain fields, soil contaminated areas and similar features.
(j)Title under which proposed subdivision is to be recorded, if known, with name, address, and telephone number of owner and designer.
(k)A vicinity map at a scale of one (1) inch equals 2,000 feet identifying the proposed site and showing the relationship of the proposed subdivision to the platting pattern of the surrounding area.
(l)Scale, data, north arrow, date of survey, date of plat, date of any revisions to plat, land lot number, district number, and county.
(m)Present zoning district classification(s).
(n)The plat shall contain sufficient horizontal control data to determine readily and reproduce on the ground the proposal being defined with distances, bearings, curve data of the overall parcel boundary and the centerline of any proposed street. All work shall be referenced to the Georgia Plane Coordinate System; if a control monument point is located within 500 feet of the site, the site shall be tied to that monument with traditional ground survey procedures; if greater than 500 feet, Global Positioning Systems (GPS) methodology shall be employed to establish the coordinate relationship. The information furnished shall be dimensionally accurate to the nearest one-hundredth of a foot with bearing accuracy to the nearest 10 seconds. Curve data shall include, but is not limited to, the radius, arc length, chord length, chord bearing, and delta angle. All horizontal control data shown on the plat shall be capable of producing a closure in which the coordinated error does not exceed one (1) foot in 10,000 feet.
(o)Actual field-run topographic survey which produces an existing topographical representation of the area within 25 feet of the right-of-way of any proposed street or any proposed earth-disturbing activity in two-vertical-foot contour elevations, with any proposed grading activities also shown with two-foot contour intervals superimposed. Topographic representations shall also include all watercourses, wetlands, and all 100-year floodplains as shown on the applicable maps adopted by the mayor and city council. In addition, plans shall show two-foot contour elevations from city maps for the entire site.
(p)A general summary of supporting plans, surveys, documents, and engineering calculations with appropriate professional signatures and seals, as follows:
(1)Field-run topographic survey of that portion of the site specified in (o) above.
(2)A survey of the site depicting horizontal and vertical control data from actual field-run survey signed and sealed by a registered land surveyor licensed to practice in the State of Georgia as referenced in subsection N.
(3)Construction plans, signed and sealed by a registered professional engineer licensed to practice in the State of Georgia, consisting of the following:
a.Plans, profiles, and cross sections of proposed streets, cul-de-sacs, sidewalks and similar paved surfaces with all appropriate details.
b.Plans, profiles, and details of all proposed sanitary and storm sewers.
c.Plans and details of any proposed storm water management facilities.
d.Hydraulics of storm sewers, including capacities of intakes, pipe capacities, gutter spreads and velocities of flows, and capabilities of downstream creeks, conduits, and structures receiving storm runoff from proposed subdivision activities.
e.Hydrology and hydraulics of stormwater management systems and/or detention facilities including time-stage - storage relationships, backwater surface profiles and related calculations.
f.Determination of all 100-year floodplain elevations for watercourses.
g.Certification of compliance with all appropriate federal, state, and local wetland identification, protection and regulatory requirements.
h.Records of easements, covenants and restrictions on the land, whether existing or proposed, and evidence of current ownership based on the results of current deed research.
i.Compliance and construction plan preparation to address required soil and erosion control provisions as required by chapter 138 of this code.
(q)Bicycle paths and on-street bicycle lanes that have been designated on the Bicycle Trail Map approved by the governing authority.
(r)A tree survey showing the location, species, and diameter breast height (DBH) of all existing mature trees. Mature trees shall be those with a DBH of six inches or more. Because trees in the front, side, and rear yard setbacks must be protected under the city's tree protection ordinance, the tree survey must show the setback requirements for each proposed lot.
(Code 1977, § 15-07.003; Ord. No. 1997-01, § 1, 1-13-97; Ord. No. 2022-39(22-O-1770), § 1, 10-2622)
§ 15-07.004
Final plat data.
Sec. 15-07.004. Final plat data.
The final plat shall conform to the preliminary plat as approved. The final plat shall be an ink drawing on mylar stock which shall not exceed 17" by 22" in size. The plat shall be reproducible and shall produce totally legible copies. The plat shall contain all of the following information:
(a)Sufficient horizontal control data to determine readily and reproduce on the ground the actual constructed subdivision, including the overall total parcel and each subdivided lot, and all public rights-of-way limits, being defined with distances, bearings, and curve data. All work shall be referenced to the Georgia Plan Coordinate System. The information furnished shall be dimensionally accurate to the nearest one-hundredth of a foot with bearing accuracy to the nearest 10 seconds. Curve data shall include, but not be limited to, the radius, arc length, chord length, chord bearing and delta angle. All horizontal control data shown on the plat shall be capable of producing a closure in which the coordinated error does not exceed one (1) foot in 10,000 feet. The areas of all subdivided lots shall be shown in square footage and in acreage to three-place minimum accuracy. The documentation of survey accuracy, areas of parcels, and acceptable errors of closure shall be verified with coordinated calculations. In addition, tract boundary corners shall be dimensioned to the nearest developed public street right-of-way and/or land lot line or corner.
(b)The graphic representation of all boundary lines, right-of-way limits of all streets, face of curblines of all streets, minimum building setback lines with dimensions for front, side, and rear lines, property lines of all residential lots and other sites, lot identifying numbers, all sanitary and storm sewers, existing or proposed, along with associated structures, and any other existing structures.
(c)The name, right-of-way width, and street width from face of curb to face of curb of each street or other right-of-way.
(d)The location, dimensions, and purposes of all easements and any areas to be dedicated to public use or sites for other than residential use with notes stating their purposes and limitations. The location of all existing creeks, watercourses, stormwater management facilities, wetland definition and/or protection limits, and any required protective buffer zones or limits with appropriate notations. The location of 100-year storm floodplain contour and its respective elevation. Notation of any covenant which will be part of the final plat.
(e)The title, name, location of the subdivision, north arrow, date, scale, land lot number, district number, and county.
(f)Lots or sites numbered in numerical order and blocks lettered alphabetically.
(g)Accurate location, material, and description of monuments and markers.
(h)Acknowledgments. The following acknowledgments and approvals shall appear on the original mylar tracing of the final plat:
(1)Surveyor's acknowledgment statement and seal: "It is hereby certified that this plat is true and correct and was prepared from an actual survey of the property made under my supervision.
By _________ Registered Georgia Land Surveyor's Number ____________ Date _________________________"
(2)Certification by signature and date attesting that the applicant is the land owner of record, and dedicates streets, right-of-way, easements, and any sites for the public use by the following acknowledgement:
State of Georgia City of Atlanta The owner of the land shown on this plat and whose name is subscribed thereto, and in person or through a duly authorized agent having legal power of attorney, acknowledges that this plat was made from an actual survey and dedicates to the use of the public forever, all streets, parks, drains, easements and public places thereon shown for the purposes and considerations therein expressed.
By: _____________________ Date: _______ Owner By: _____________________ Date: _______ Agent
(3)Drainage statement: Storm drainage facilities shown on this plat are necessary for the proper drainage of the subdivision. The City of Atlanta will not be held responsible for erosion or overflow caused by the storm drainage facilities or natural drainage conditions nor responsible for extensions of storm drains.
(4)Approval of the commissioner of transportation and, if required, Fulton County or DeKalb County Health Officer, as appropriate.
(5)Approval of bureau of planning.
(i)Protective covenants. Protective covenants, if any, shall be referenced on the final plat, even though same may be recorded elsewhere.
(j)The following supporting documentation is required for those subdivision final plats in which public infrastructure is installed:
(1)A final as-built engineering plan and profile drawing(s) of all public sanitary and storm sewers installed with appropriate professional seals and attestments.
(2)Results of internal television inspection of all public sanitary sewers installed.
(3)A final as-built engineering plan and profile drawing(s) of all public streets and rights-of-way installed with appropriate professional seals and attestments.
(4)Compaction test results of public streets and rights-of-way installed.
(5)Maintenance bonds or irrevocable letters of credit from a federally insured lending institution acceptable to the chief financial officer for public sewers, streets, sidewalks, and curbs installed. Separate maintenance bonds or irrevocable letters of credit for public sewers and public streets, sidewalks, and curbs shall be provided for the term of three (3) years from the date of filing and recording the final plat and shall represent monetary value equal to the value of the public infrastructure installations. These bonds or letters of credit shall serve as three-year warranties for public infrastructure installations made by private developers prior to perpetual city maintenance.
(6)Proposed tree plantings on common property for the entire development, including streets, as shown on the tree replacement plan as required in subsection 158-103(k)(3).
(k)Filing and recording of the final plat by the bureau of planning. The filing and recording of the final plat by the bureau of planning shall, upon completion of the improvements by the applicant, be deemed an acceptance of the dedication of the streets and other public land as shown upon said plat on behalf of the public, but shall not impose any duty upon the city covering improvements or maintenance, excepting developed public streets and sewers as described above.
(l)The size of acknowledgments and all other text required on the final plat shall be of sufficient size and clarity to ensure legibility in the event the final plat is of such size that would require reduction to a scale acceptable for filing and recording purposes.
(m)A tree survey showing the location, species, and diameter breast height (DBH) of all existing mature trees. Mature trees shall be those with a DBH of six inches or more. Because trees in the front, side, and rear yard setbacks must be protected under the city's tree protection ordinance, the tree survey must show the setback requirements for each proposed lot.
(Code 1977, § 15-07.004; Ord. No. 2020-33(20-O1381), § 3, 6-23-20; Ord. No. 2022-39(22-O1770), § 1, 10-26-22; Ord. No. 2022-45(22-O1829), § 2, 12-14-22)
§ 15-07.005
Procedures for processing applications for subdivision.
Sec. 15-07.005. Procedures for processing applications for subdivision.
The procedures for review and action on all applications for the subdivision of land shall be as follows:
(a)The director, bureau of planning shall develop and publish a schedule for the review of all subdivision applications. Said schedule shall specify semimonthly filing deadlines for the receipt of applications.
(b)Within three days after each semimonthly filing deadline, the director, bureau of planning shall distribute a copy of each application received, with accompanying plats and other drawings, to the following:
(1)Commissioner of transportation.
(2)Commissioner of housing.
(3)Commissioners of the departments of transportation, parks and watershed management, and the director of the office of buildings, and the executive director of the urban design commission.
(4)District and at-large members of the council in which the subject property is located.
(5)Chairperson of the neighborhood planning unit in which the subject property is located.
(6)Assistant superintendent for facilities services of the Atlanta public schools.
(7)Executive director, Fulton County or DeKalb County Health Department, as is appropriate.
(8)Fire chief.
(9)City arborist.
(c)Subdivision Review Committee. The director, bureau of planning shall establish a schedule for regular semimonthly meetings of the subdivision review committee and shall serve as chairperson of said committee. The purpose of the subdivision review committee is to provide for a consolidated technical review of each application. Each application for land subdivision that is received by the semimonthly filing deadline shall be reviewed for compliance with the provisions of this part by said committee no later than the second semimonthly meeting following the filing deadlines. The applicant or his or her designee is required to be present at said meeting to discuss the application and to provide any additional data that is required by this part. Within three working days after each such meeting, each applicant shall be notified in writing by first class mail of a list of identified problems or deficiencies in the application.
(d)Neighborhood Planning Units (NPU's). Within three working days after the semimonthly deadline for the receipt of applications for land subdivision, each appropriate neighborhood planning unit shall be provided a copy of any such application and supporting documentation which is located within the jurisdiction of said neighborhood planning unit. It is the responsibility of the neighborhood planning unit to schedule said application for consideration at a meeting within six weeks after the semimonthly deadline and to provide the bureau of planning with a letter presenting its comments on the application. The applicant is encouraged to attend the neighborhood planning unit meeting. The chairperson and the NPU shall review the proposed subdivision plat utilizing only the standards and criteria set forth in this part and provide a copy of said comments to the applicant and to district and at-large members of council representing the district within which the subject property is located. The bureau of planning shall post a sign so as to inform the adjacent neighborhood of a proposed subdivision application. Said sign shall include the date of the scheduled NPU meeting at which said application will be discussed.
(e)Action by Commissioner of Public Transportation. No preliminary subdivision plat shall be approved prior to the receipt of a letter from the commissioner of the department of transportation approving the subject preliminary subdivision plat as being in compliance with the provisions of this part and any other applicable code provisions, rules and regulations. No final subdivision plat shall be approved until all required improvements have been made, inspected and accepted by the commissioner of the department of public transportation.
Further, no final subdivision plat shall be approved prior to the commissioner of the department of transportation having approved the subject final subdivision plat by affixing his or her signature to the original copy of the final plat as being in compliance with this part and any other applicable code provisions, rules and regulations.
(f)Action by Director of Bureau of Planning.
(1)After all changes and corrections identified in the meeting of the subdivision review committee are made, and after approval by the commissioner of the department of transportation as is provided in (e) above, the application shall be presented to the director of the bureau of planning for approval or disapproval of the preliminary subdivision plat or the final subdivision plat, as the case may be. The director shall review and make a part of the record any written comments that were received from the appropriate neighborhood planning unit regarding the subject application.
(2)If a preliminary subdivision plat has been approved by the commissioner of the department of transportation and meets all other applicable requirements of parts 15 and 16 of this Code, the director, bureau of planning shall approve the subject preliminary subdivision plat. If a preliminary subdivision plat has not been approved by the commissioner of the department of transportation, or fails to meet the applicable requirements of parts 15 and 16 of this code, the director, bureau of planning shall disapprove the subject preliminary subdivision. The director shall notify the applicant in writing of the final decision regarding a preliminary subdivision plat.
(3)If a final subdivision plat has been approved by the commissioner of the department of transportation and meets all other applicable requirements of parts 15 and 16 of this Code, the director, bureau of planning shall approve the subject final subdivision plat and cause the final plat to be recorded in the records of Fulton or DeKalb County as is appropriate. If a final subdivision plat has not been approved by the commissioner of the department of transportation, or, fails to meet the applicable requirements of parts 15 and 16 of this code, the director, bureau of planning shall disapprove the subject final subdivision and notify the applicant in writing of said disapproval.
The director, bureau of planning shall make a decision regarding each final plat submitted no later than 15 days after the date of submission of said final plat. Approval by the director, bureau of planning shall appear on the original drawing. Final plat approval by the director, bureau of planning shall constitute that approval, if any, required by the governing authority of the City of Atlanta pursuant to O.C.G.A. section 15-6-67(d). If requested by the applicant, and if otherwise in accord with the requirements of this part, the director shall have the authority to re-record final plats for the purpose of revising lot lines where no new lot is created. If requested by the applicant, the final plat may constitute only that portion of the approved preliminary plat which the applicant proposes to record and develop in a single phase.
(4)The director shall provide a copy of any written decision on any preliminary or final subdivision plat to the applicant, to all review agencies listed in (b) above, to the appropriate at-large and district member of council, and to the appropriate neighborhood planning committee chairperson.
(5)The final plat shall be submitted to the bureau of planning not later than one year after approval of the preliminary plat; otherwise the approval of the preliminary plat shall become null and void unless an extension of time is granted by the bureau of planning. An applicant may request a single extension of no more than 12 months only in the case of a sewer moratorium, unavailable financing, industry work stoppage, severe detrimental weather conditions, death or disability of managing partner and similar clearly established hardship conditions.
(g)Limitation on Application for Variances. It is the intent of this part to prohibit the creation of lots that require a variance in order to be developed. Therefore, once a final plat has been approved by the director, bureau of planning, no application for a variance on any lot in said subdivision may be submitted for a period of one year from the date of final approval of said plat unless an unknown site condition is discovered which creates a hardship within the meaning of chapter 26 of part 16 of this Code.
(h)No Grading or Site Preparation Prior to Necessary Permits. No permits for grading or other site preparation work shall be granted prior to final approval of the preliminary plat or final plat. No grading, tree cutting or other site preparation work shall commence until all required permits under this part and any other applicable ordinance, including any applicable tree ordinance, have been obtained.
(i)Sale or Exchange of Land Between Adjoining Owners. The director shall approve the replatting of land that is proposed to be sold or exchanged between adjoining property owners provided each of the following conditions are met:
(1)A written request, accompanied by one original mylar plat showing existing and proposed property boundaries and all other applicable information specified in section 15-07.003, is submitted to the director;
(2)No additional lot is created; and
(3)Each newly platted lot conforms to all requirements of part 15 and part 16 of the Code of Ordinances, provided that if either lot, as platted prior to the proposed replatting, does not conform to all requirements of part 15 and part 16, this condition shall nevertheless be deemed to have been met if said lot(s) are replatted in a manner that equals or reduces the degree of nonconformity.
(j)Reserved. (Code 1977, § 15-07.005; Ord. No. 2005-05, § 1, 1-24-05; Ord. No. 2007-55(07-O-0682), § 2, 9-2407; Ord. No. 2007-56(07-O-1899), § 15, 9-24-07; Ord. No. 2018-11(18-O-1023), § 14, 5-16-18; Ord. No. 2020-33(20-O-1381), § 4, 6-23-20)
§ 15-07.006
Acknowledgement of lots of record existing prior to the sub-division ordinance.
Sec. 15-07.006. Acknowledgement of lots of record existing prior to the sub-division ordinance.
(a)Eligible Lots. The director shall acknowledge lots with a legal description filed with Clerk of the Superior Court of Fulton County or DeKalb County prior to November 19, 1958, the effective date of the City of Atlanta Subdivision Ordinance, and which do not appear on the official cadastral map on which the bureau of planning has recorded the boundaries of lots recognized by the City of Atlanta provided that all of the following criteria can be satisfied:
1.No portion of the property in any of the lots to be acknowledged shall have been included in any plat recorded with any other boundaries or dimensions in a manner that shows the intent to abandon the original property lines. Even if the lots on the subject property are currently in their original configuration, any past combination of any portion of the subject properties with another property in a manner that does not evidence intent to maintain the lots in their original configuration shall be considered an abandonment of the original property lines.
2.Where a single deed includes multiple lots, only a separate metes and bounds description of each individual lot shall be a sufficient description of the original property lines. A legal description in a single deed which identifies multiple lots by reference to lot numbers on a subdivision plat shall not be considered to be a sufficient identification of individual boundaries to justify creation of lots of record unless the metes and bound descriptions of each of the individual lots are also set forth in that deed. A single deed referring to multiple lots on a subdivision plat created under the city's subdivision ordinance and approved and on file with the bureau of planning shall not be required to have a metes and bounds description in the deed so long as the subdivision plat contains a metes and bounds description of the lots and no principal structure, including decks, and porches and other attachments that would ordinarily be included in the building footprint, was constructed over any of the property lines of any lot to be acknowledged.
3.No primary structure, including decks, and porches and other attachments that would ordinarily be included in the building footprint, shall have been constructed over any of the property lines of the lot to be acknowledged, regardless of whether such primary structure or the attachment thereto, has been or will be demolished. Any document or site plan submitted to the city at any time which shows that a building permit for the primary structure or an addition thereto was requested and granted shall be considered proof that such structure was constructed in that configuration even if the structure no longer exists.
4.The person requesting the acknowledgment of the lot can produce a full and unbroken abstract of title for the exact legal description to be acknowledged which meets the current Title Standards of the State Bar of Georgia and which is attested to by an attorney licensed by the State of Georgia. The abstract of title must show to the satisfaction of the director that the lots to be acknowledged meet the requirements of this section.
5.The acknowledgment of the lot does not conflict with other section of the City Code with respect to the creation of new lots of record.
6.The application procedure is successfully completed.
(b)Legal Effect. Lots approved as lots of record under this section shall be considered legally non-conforming lots of record and shall be recorded on the official cadastral map of the City of Atlanta.
(c)Setback Requirements. Acknowledgement of lots of record under the process provided in this section shall not excuse an applicant for a building permit from any setback requirements for the zoning district where the lot is located.
(d)Other Procedures Available. Applications that do not meet the criteria for acknowledgement of lots of record may still be eligible for subdivision of the property so long as the proposed subdivision meets all other requirements of the City Code.
(e)Procedure for Application. Applicants requesting acknowledgement of historically platted lots of record shall comply with the following procedure:
1.File a request for acknowledgement on the application form made available by the director. An application shall be accepted when offered to the bureau of planning and the director may designate one or more persons to accept applications. The address on the application is the location where the applicant agrees that all notices and other written communication shall be received.
2.Each owner of record must show their consent to the procedure as evidenced by the submission of a notarized consent form in substantially the form and containing the same information as that form made available by the director. Consent forms from all owners of record must be submitted as a part of the application package before an application will be accepted.
3.Submit a certified copy of the recorded plat currently on file in Fulton and/or DeKalb County. The plat must clearly outline the boundary dimensions of the subject lot and must be legible.
4.Submit a full and unbroken abstract of title for the exact legal description to be acknowledged which meets the current Title Standards of the State Bar of Georgia and which is attested to by an attorney licensed by the State of Georgia.
(i)The abstract of title must document that each lot to be recreated is eligible under the criteria set forth in this section.
(ii)The abstract of title must document the transfer of the original lots since the recording of the original plat and document that no transaction has involved the abandonment of property lines through the combination or recombination of any portion of the original lots on the subject property with each other or with other adjacent properties.
5.Submit three copies of a recordable plat or survey showing existing and proposed property boundaries and all other applicable information specified in section 15-07.004.
(i)The plat or survey must be clear and legible and shall not exceed 17"x 22".
(ii)The plat or survey must show the proposed property boundaries as a solid line.
(iii)The plat or survey must include original signatures across the surveyor's seal on the mylar and/or on the copies.
(f)Procedure for Processing of Application. A request for acknowledgement application which meets the above criteria shall be acted on by staff authorized by the director to decide on the application provided that:
1.Within five business days after the close of the semimonthly filing deadline when an acknowledgement application is received, the director, bureau of planning, has distributed a copy of each application to be considered, with accompanying plats and other drawings, to the following:
(i)District councilmember
(ii)Urban Design Commission
(iii)Chair of the Neighborhood Planning Unit (NPU)
2.The applicant has posted a sign that the property is the subject of an application for acknowledgement of lots of record no later than 15 days prior to the date of the NPU meeting where the application is to be considered and presents a posting affidavit to be included with the application no later than the date of the meeting of the bureau of planning lot of record staff review where the application is to be considered.
3.The NPU has had opportunity for review and consideration of the acknowledgement application in accord with the following:
(i)The NPU has considered the application at a meeting held within six weeks after the semimonthly deadline closing date.
(ii)Failure of the NPU to consider the acknowledgement application within the required period after receipt of notice from the director shall be considered waiver of the opportunity for review.
(iii)If the applicant requests deferral of NPU consideration and so informs the director, the NPU consideration at the agreed upon meeting date shall be considered timely and the director may reschedule consideration of the application. If the NPU defers on the consideration of the application, this shall be considered waiver of the opportunity for review.
(iv)The NPU shall be responsible for making its recommendations available to the director for consideration by the staff.
4.Failure of the director to accomplish the tasks required for the required notifications shall not entitle an applicant to approval of the application but the applicant shall have the right to have their application reviewed by the bureau of planning within 180 days of the date that a complete application is received.
(g)Citizen Input. During the lot of record staff review meeting provided in this section, citizens may present information to the director refuting the validity of the deeds or other documentation submitted by the applicant showing the transfer of the original lots since the recording of the original deeds. This information should be presented to the director in writing, at least five business days prior to the date of the subdivision review committee meeting associated with the closing date for the application, which shall be the first date on which the request will be eligible for a final decision by the staff. Information not timely received may not be considered.
(h)Applicant to be Present at Lot of Record Staff Review Meeting. The applicant or his or her designee is required to be present at the time that the staff reviews the application and to provide any additional data that is required by this chapter. Within ten business days after each such meeting, each applicant shall be notified by the director in writing of a list of problems or deficiencies, if any, in the application identified by the staff.
(i)Amendments to the Application. The applicant shall have no more than 30 days from receipt of comments outlined in subsection (h) above to submit amendments to the application to address the problems or deficiencies identified in the lot of record staff review meeting. Amendments to the application to address the problems or deficiencies identified by the staff shall not require a second hearing before the NPU but such amendments may be reviewed by any interested party who may submit comments in writing to be in-cluded in the record. The director may but is not required to respond to the amendments with further comments.
(j)Action by Director. The director shall review and make a part of the record any written comments that were received from the neighborhood planning unit and individual citizens regarding the subject application and any amendments to the application. The director shall review and take action on the application within 60 days of the date of meeting of the subdivision review committee associated with the closing date for the acknowledgement application or the last date that amendments are received from whichever is later. The applicant may request in writing that the date for final decision by the director be deferred to a date certain but the director shall not be required to agree to extend the date of decision. If an action is not taken by the director within the time as stated above or as extended, the application shall not deemed approved or denied but the applicant may request in writing that such decision be issued. If a notice of decision is not made within ten working days of the date of demand for written decision, the applicant may deem the application denied.
(k)Notice of Decision. The director shall provide a written decision to the applicant, to the district member of council, the urban design commission, and to the appropriate neighborhood planning unit committee chairperson. Any appeal of the decision of the director shall be made within 30 days of the date of the written decision under the same procedure as appeals of decision of other subdivisions.
(l)Limitation on Application for Variances. Lots of record that are formally acknowledged by the bureau of planning under this section shall not be subject to the one year period of limitation for application for variances. (Ord. No. 2007-55(07-O-0682), § 1, 9-24-07)