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Thread: Separation of powers and zoinng application approval

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    Cyburbian SlaveToTheGrind's avatar
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    Separation of powers and zoinng application approval

    I have been tasked with shortening up the development process. My first thought is to propose the elimination of CC approval of preliminary plats and site plans. I don't see the need to have the CC approve these items as they are administrative (yet many surrounding cities do just that). I see this as the legislative body also functioning as the executive body and obviously not a separation of powers. How do you feel?

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    Cyburbian Salmissra's avatar
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    Quote Originally posted by SlaveToTheGrind View post
    I have been tasked with shortening up the development process. My first thought is to propose the elimination of CC approval of preliminary plats and site plans. I don't see the need to have the CC approve these items as they are administrative (yet many surrounding cities do just that). I see this as the legislative body also functioning as the executive body and obviously not a separation of powers. How do you feel?
    Check your state statute. Here, small towns under a certain population are required to have plats approved by CC. Check your city charter, too. Mine requires me to take plats to CC, but I'd love to amend to remove that step. If you don't have to do it, I would recommend removing that step.

    Site plans going to CC is strange to me. Here they are 100% administrative, staff only review & approval.
    "We do not need any other Tutankhamun's tomb with all its treasures. We need context. We need understanding. We need knowledge of historical events to tie them together. We don't know much. Of course we know a lot, but it is context that's missing, not treasures." - Werner Herzog, in Archaeology, March/April 2011

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    Cyburbian dvdneal's avatar
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    My experience with plats is that it's almost always a CC hearing. They have to accept ROW and easements. We do minor lot splits administratively. Site plans are easily administrative as long as there is no dedications or new easements. Maybe a process with and without accepting easements/ROW?
    I don't pretend to understand Brannigan's Law. I merely enforce it.

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    Cyburbian SlaveToTheGrind's avatar
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    State law permits the "land use authority" to approve plats so it defaults that which is identified in the local ordinance.

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