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(1) The hearing examiner and the department shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. The hearing examiner shall approve a preliminary subdivision only if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, sites for schools and school grounds, fire protection and other public facilities. The hearing examiner shall consider all other relevant facts, including the physical characteristics of the site and sidewalks and other planning features that assure safe walking conditions for students who walk to and from school to determine whether the public interest will be served by the subdivision and dedication.

(2) If the hearing examiner finds that the proposed preliminary subdivision makes appropriate provisions for the matters listed in SCC 30.41A.100(1) and enters written findings that the subdivision conforms to all applicable development regulations and construction codes, then it shall be approved. If the hearing examiner finds that the proposed subdivision does not make such appropriate provisions or that development regulations requirements are not met, or the public use and interest will not be served, then the hearing examiner may deny the proposed preliminary subdivision.

(3) Dedication of land or payment of fees to any public body may be required as a condition of preliminary subdivision approval. Evidence of such dedication and/or payment shall accompany final subdivision approval.

(4) The hearing examiner shall not, as a condition of preliminary subdivision approval, require the applicant to obtain a release from damages from other property owners.

(5) All subdivisions are also subject to the requirements of chapters 30.32A, 30.32B, and 30.32C SCC, regarding forest, agricultural and mineral lands and the right to practice forestry and to farm. In the event of a conflict between the provisions of this chapter and the resource lands chapters, the resource lands chapters shall control. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006).