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The preliminary short subdivision application shall be approved only if the department or the hearing examiner finds that

(1) The proposal makes appropriate provisions 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 decision maker 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 short subdivision.

(2) If the decision maker finds that the proposed preliminary short subdivision makes appropriate provisions for the matters listed in SCC 30.41B.100(1) and enters written findings that the short subdivision conforms to all applicable development regulations and construction codes, then it shall be approved. If the decision maker finds that the proposed short 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 decision maker may deny the proposed preliminary short 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. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).