Modifications to platting requirements

Current law allows an approving authority to enact ordinances governing the subdivision of land that are more restrictive than the provisions in the statutes. The bill provides that local ordinances may not be enacted that are more restrictive than the provisions in the statutes with respect to time limits, deadlines, notice requirements, or other provisions that provide protections for subdividers.

Current law provides that if a preliminary plat is submitted, an approving authority may refuse to approve the final plat if it is not submitted within 24 months after the last required approval of the preliminary plat. The bill increases the time for submitting the final plat to 36 months after the last required approval of the preliminary plat and provides that any approving authority may extend this time.

Under current law, a subdivider may with the permission of the approving authority submit a final plat that is only the portion of the approved preliminary plat that the subdivider intends to record at that time. The bill provides that a subdivider does not need permission to submit a final plat that is only a portion of the preliminary plat if the preliminary plat identified phases of the development and the portion of the final plat that is being submitted substantially conforms to the preliminary plat.

Current law provides that if a preliminary plat is submitted and approved, the final plat is entitled to approval if it substantially conforms to the preliminary plat.

The bill requires a professional engineer, planner, or other person charged with the responsibility to review plats to provide the approving authority with his or her conclusions as to whether the final plat substantially conforms to the preliminary plat and with his or her recommendation on approval of the final plat.

Under current law, as a condition of approval, an approving authority may require a subdivider to execute a surety bond or provide other security to ensure that certain improvements will be made. The bill provides that the approving authority may not require any security for improvements sooner than is reasonably necessary before the commencement of the installation of the improvements and that, if the project will be constructed in phases, the amount of the security must be limited to the phase of the project that is being constructed.

Current law requires a subdivider to record the final plat in the office of the register of deeds in the county where the subdivision is located. The register of deeds may not accept the final plat for recording unless it is offered for recording within six months after the last approval and within 24 months after the first approval. The bill specifically provides that a subdivider may record the final plat in separate parts at different times. In addition, the bill extends the times for recording to within 12 months after the last approval and within 36 months after the first approval.