In a city I do some work, have a requirement that states:
"showing physical features within 1,000 feet of the subdivision"
I have heard of 100 feet or maybe 200 but this is crazy.
The planner told me to request a waiver because no one ever complies with this ordinance.
He said almost all get the waiver. The others print out the city GIS and submit that.
Here is the area I am working in to give perspective.
Tell me what you would say to the Planner about this.
(BTW - The plan got approved with the waiver last night)
It sounds like the planner was quite helpful and cooperative. The problem is with the ordinance, not with him. I would seize the opportunity to contribute to the community as a professional by suggesting an ordinance revision in a well-written letter to whatever entity controls ordinance language. Given that the city appears to have a decent GIS database and accepts it as meeting its requirement it might simply revise the ordinance to explicitly state that GIS data is acceptable 100 or 200 feet off site.
Literally construed and enforced, a 1000 foot off-site topo requirement is almost absurd. But local surveyors ought not have to rely on the good will and common sense of the planners in avoiding it.
Excellent answer Cee Gee. I completely agree.
Excellent answer, but tough rules and discretionary waivers build power and control, so not every regulatory body will give up control.
I would thank the planner for the waiver. Then I would go to the head of the department and explain how much more area there is in the 1000' area than in the parcel area itself, and how much extra money it would cost your client to have all this extra area surveyed. my City requires a 100' buffer, but allows us to use their GIS data.
The planner can say all he wants...its up to P&Z to GRANT the waiver though.
Thats the problem with obtuse regulations. Most realize that the regulation is not pracitcal, but not ALL will (thats why the reg was written in the first place). So until the reg is removed, it can be a big problem. If P&Z (or any other board) doesn't like the project, they'll make the developer spend his way out of developing a project by saying he has to conform to ALL regulations.
And the cost of a waiver is (drumroll please)......
Thank you all for your responses.
The waiver actually went over very well.
The planner understands that the requirement is ridiculous but he has to enforce it.
His understanding is that at some point in time a Planning Board member requested it for a substantial project and somehow it got added to the Land Use Regs.
The waiver was free( Other than my time complaining).
We did get hit for putting in a sidewalk to nowhere across the street (which we asked for a waiver and got denied). It will cost my client about $3000 to install the sidewalk across the street.
Jim in snowy NH
The only reason I could think of for the requirement is drainage shed areas.
We always used either the large scale topo most local agencies already have or a quad map for that purpose.
I would have told the planner "Thank You, but I intend on complying with the ordinance right after I contact my client and let them know about the change in cost".
Cha Ching!
The problem with all waivers is they allow bad laws and regulations to remain on the books and also allow for favors to be done for some and not others. As a people we need to be made aware of those things along with their costs to us all. That can only be done by creating a reason for those being unreasonably hurt to privately and publicly complain with cause. Then a knowledgeable public can demand accountability.
jud
Jim-
Good you ran into a planner with a modicum of common sense !
This is to put in your "Archives of Truths" that can apply to all professions, trades and callings:
The four year land use planing school process is designed to systematically remove your ability to feel ashamed by the time of the completion of study.
Cheers
Derek
Good answer, a proactive answer, and the kind of answer that can help us get to where we want to be as a profession. Most laypeople don't realize what they are asking for. We can really show our worth by calmly pointing out the logical.
jimmy--i remember when what was acrossed the street had no relevance except if pointed out at the public meeting that an adverse condition may exist and even then only a direct abutor could offer objection--the planning dept is evading doing their own homework on a prehearing basis--we all know these anti-growth ordinances are nothing more than that--not unlike our own government that has chased millions of jobs overseas thru over regulation and preposterous over management to maintain the status quo---tdd