23.16.090 Modifications to an approved preliminary plat.
A. Purpose. The purpose of this section is to allow the administrative approval of modifications that are found to achieve better outcomes, address unforeseen technical issues and provide additional environmental benefits.
B. Minor modifications to an approved and still valid preliminary subdivision that are not subject to the administrative departure provisions of BMC 23.48.030 or the variance provisions of BMC 23.48.040 may be requested by the applicant and approved by the director through the Type I permit process in BMC 21.10.100 if the following criteria are met:
1. The modification complies with all of the requirements of this chapter, including the decision criteria; and
2. The modification is consistent with the intent of its original conditions.
C. Modifications to an approved preliminary plat that proposes inconsistencies with the preliminary plat conditions may be requested by the applicant and approved by the director through the Type II permit process in BMC 21.10.110 if the following criteria are met:
1. The modification complies with all of the requirements of this chapter, including the decision criteria;
2. The modification is consistent with the intent of its original conditions; and
3. The modification is more substantially compliant with the development regulations, including but not limited to BMC Title 22 and Chapters 16.55 and 15.42 BMC, which are in effect at the time the modification is requested.
D. Requests for modifications that are determined by the director to not be consistent with the criteria above shall be denied and any subsequent request for the same modification shall be processed as a new preliminary plat application.
E. Approval of a modification pursuant to this chapter does not extend the time limitations of a preliminary plat approval. [Ord. 2018-12-036 § 2 (Exh. A)].