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(a) The requirement that a Parcel Map be prepared and recorded may be waived in accordance with the procedures set forth in this section if the preparation and recordation of a Parcel Map will create an undue hardship and the absence of survey data will not be detrimental to future owners of the lots created, or an abundance of survey data exists or record such that the survey and preparation of the Parcel Map is an unnecessary expense and the parcels can be conveyed by metes and bounds descriptions. A Tentative Subdivision Map approved by the Advisory Agency shall be required in cases where a Parcel Map is waived.

(b) An application for waiver of the requirement of a Parcel map shall be filed with the County Surveyor upon such forms as prescribed by the County Surveyor. The filing of such application shall be accompanied with payment of a filing fee as established by resolution of the Board of Supervisors.

(c) An application for waiver of the requirement of a Parcel Map shall be acted upon by the County Surveyor within twenty (20) days after its filing, unless such time is extended by agreement with the applicant. The County shall by written instrument approve or conditionally approve the application for waiver if it is determined that:

(1) The requirement of a Parcel Map will create an undue hardship and the absence of survey data will not be detrimental to future owners of the lots created, of an abundance of survey data exists of record such that the survey and preparation of the Parcel Map is an unnecessary expense and the parcels can be reconveyed by metes and bounds descriptions; and

(2) The Board of Supervisors or the Advisory Agency has made a finding that the proposed subdivision complies with the requirements of the Subdivision Map Act and this division as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act and this division.

Any requirements for the construction of reasonable off-site and on-site improvements for a lot being created by the proposed division of land shall be set forth in the instrument approving the application of waiver.

(d) The instrument of Waiver shall be duly acknowledged. The County Surveyor shall arrange for recordation of the instrument of waiver pursuant to Government Code § 66411.1.

(e) Within ten (10) days after denial of any application for waiver by the County Surveyor, a subdivider may appeal to the Humboldt County Subdivision Waiver Appeals Board. The Humboldt County Subdivision Waiver Appeals Board, hereby created, shall consist of three (3) members who are qualified by training and experience to pass upon matters pertaining to land boundaries. (Ord. 1290, § 8, 12/12/1978)