ARTICLE IV - PLANNING & ZONING
D. SUBDIVISION
ORDINANCE NUMBER 01-06
ARTICLE I. AUTHORITY AND JURISDICTION
Section 1 Statutory Authority
This Ordinance is enacted under authority of Chapter 11, SDCL, as amended, and is hereby adopted by the City Council of New Underwood, South Dakota.
Section 2. Short Title
This Ordinance shall be known and cited as the “New Underwood Subdivision Ordinance.”
Section 3. Statement of Purpose
The purpose of this Ordinance is to promote the orderly division and development of land within the City of New Underwood’s jurisdiction and the surrounding areas. It will also provide the citizens of the City of New Underwood and the surrounding Community with the assurance that certain necessary public utilities will be provided by the developer of the subdivision so that the cost of such public utilities does not burden the remainder of the taxpayers in the City.
Section 4. Jurisdiction
This ordinance shall govern the subdivision of land within the planning jurisdiction of the New Underwood City Council, including those areas within the three mile jurisdiction as allowed by SDCL 11-6-26. Those subdivisions exempt from this Ordinance are listed under Article III.
Section 5. Administrative Responsibility
It shall be the responsibility of the City Council of New Underwood to administer and enforce this Ordinance within its corporate limits, and the joint territorial jurisdiction allowed by SDCL 11-6-10 of the three mile limit.
ARTICLE II. DEFINITIONS
Unless specifically defined below, words and phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its more reasonable application.
For the purpose of this Ordinance, and in order to carry out the provisions and intentions as set forth herein, certain words, terms, and phrases are to be used and interpreted as defined hereafter. Words used in the present tense shall include the future tense; words in the singular number include the plural, and words in the plural number include the singular; the word “person” includes a firm, partnership and corporation as well as an individual; the term “shall” is always mandatory and not discretionary; and the word “may” is permissive.
ALLEY:A minor public way providing a secondary means of access to properties.
EASEMENT: A right to land generally established in a real estate deed or on a recorded plat to permit the use of land by the public, a corporation or particular persons for specifically defined uses.
FINAL PLAT: A map of an area of land which meets the requirements of these regulations and is in the proper form for recording in the office of the Register of Deeds of Pennington County.
GOVERNING BODY: The New Underwood City Council.
LOT: A part of subdivided lands having established boundaries. The term shall include tracts and parcels.
NET DEVELOPED AREA: Gross acreage less park and recreation areas, wilderness areas, water reservoir and sewage lagoon areas.
PLANNING COMMISSION: The New Underwood City Council.
PRELIMINARY PLAN: The initial map or maps and supporting material of a proposed subdivision, drawn and submitted in accordance with this Ordinance, to permit the evaluation of the proposal prior to detailed engineering and design.
STREET: A segment of land dedicated to public use, which provides the primary means of access to property, but excluding private driveways.
STREET, ARTERIAL: A street or road having the primary function of moving traffic and the secondary function of providing access to adjacent land. Arterials generally carry relatively large volumes of traffic. Characteristics of an arterial are two to four lanes of moving traffic with limited access to abutting property.
STREET, COLLECTOR: A street or road having the equally important functions of moving traffic and providing access to adjacent land. Characteristics of collector streets are two moving traffic lanes and two parking lanes.
STREET, LOCAL: A street or road having a primary function of serving abutting properties, and a secondary function of moving traffic. Characteristics of local streets are two moving lanes of traffic with one or two parking lanes and access to abutting properties. Local streets should be designed so as to discourage future use as a collector street.
SUBDIVIDER: The person(s), firm(s), or corporation(s) owning land in the process of being subdivided.
SUBDIVISION: Any division of land into two or more lots, tracts, or parcels whether by plat or deed for the purpose of sale, lease or development, immediate or future, and includes resubdivision.
ARTICLE III. EXEMPTIONS
The following situations, when involving the division of land, shall be exempt from this Ordinance.
1. Divisions of land for the purpose of road or utility right-of-ways, or cemeteries.
2. Divisions of lands made through personal wills or hereditary succession.
3. A sale, lease or gift of agricultural land to be used for agricultural purposes only.
ARTICLE IV. PROCEDURE
Section 1. Preliminary Plan
1. The subdivider or his representative shall submit to the Planning Commission ten (10) copies, if required by City Council, of the preliminary plan of the proposed subdivision including a map and a narrative. (Specific requirements of a preliminary plan are listed in Article V, Section 1.)
2. The planning commission may distribute copies of the preliminary plan to those agencies and people having possible concern with the proposed subdivision. Such agencies when applicable would be:
a. Appropriate school districts
b. Utility companies
c. State and county highway departments
d. Soil Conservation Service
e. Department of Environment and Natural Resources for their review and recommendations of the sewage disposal system and the quality of the proposed water supply systems.
The above shall have thirty (30) days from the date information is mailed to them to comment.
3. Within sixty-five (65) days of receipt of the preliminary plan, the Planning Commission shall study the proposed subdivision and approve or disprove it. When studying the proposed subdivision, the following shall be considered:
a. Compliance with other city ordinances
b. Compatibility with the City Comprehensive Plan
c. Water availability and quality
d. Sewage treatment and disposal
e. drainage
f. Dedication of land for schools, parks, roadways, and easements for public services and facilities
g. Effects on school and school bussing systems
h. Police and fire protection
i. Collection and disposal of solid waste
j. Any other conditions or situations which may be unique to said subdivisions
The Planning Commission may request the Governing Body to extend the sixty-five (65) day limit to allow further evaluation of the proposed subdivision.
If the preliminary plan is approved, the Planning Commission shall set forth those improvements that will be required of the subdivider. (Improvements listed in Article VI).
4. The Planning Commission shall forward the preliminary plan, accompanied by their recommendation of approval or disapproval to the Governing Body at their next meeting.
5. The Governing Body shall consider the preliminary plan, the Planning Commission’s recommendation and then approve or disapprove the preliminary plan.
6. When a preliminary plan has met the requirements of this Ordinance, those stipulations applied by the Planning Commission, and has the approval of the Governing Body, it is then eligible to be submitted as a final plat.
To insure that the developer installs or constructs those improvements listed in Article VI and/or set forth by the Planning Commission, the final plat will not be approved until such improvements are completed or provided for by surety.
Approved preliminary plans shall be effective for one (1) year from the date of approval by the Governing Body.
Section 2. Final Plat
1. A final plat of the proposed subdivision, that meets the requirements of this Ordinance, shall be submitted to the Planning Commission. (Specific requirements of a final plat are listed in Article V, Section 2.)
2. The Planning Commission shall have sixty-five (65) days to evaluate the final plat for compliance with this Ordinance and ensure that those improvements required of the subdivider have been completed or provided for.
The Planning Commission may request the Governing Body to extend the sixty-five (65) day limit to allow further evaluation of the proposed subdivision.
3. The Planning Commission shall submit the final plat, accompanied by its recommendation, to the Governing Body no later than their next regular meeting.
4. The Governing Body shall consider the final plat, the Planning Commission’s recommendation and then approve or disapprove the final plat.
5. If the final plat is approved by the Governing Body, it shall be submitted to the Register of Deeds to be recorded. The recording fee shall be paid by the subdivider.
No plat shall be recorded by the Register of Deeds unless:
(SDCL 11-3-9):
a. The plat contains a certificate from the Director of Equalization (County Assessor) verifying that office has received a copy of such plat.
b. The plat contains a certificate from the County Treasurer verifying that all taxes which are liens on any land included in such plat have been paid in full.
ARTICLE V. REQUIREMENTS OF PRELIMINARY PLANS AND FINAL PLATS
Section 1. Preliminary Plans
Preliminary plans shall contain the following:
1. Map or maps shall contain the following information:
a. Name of proposed subdivision.
b. Name and address, including telephone number of the subdivider.
c. Name and address, including telephone number of the person responsible for subdivision design, improvement design, and surveys.
d. Date, north arrow, and graphic scale.
e. Location of the property by legal description.
f. Boundary of the proposed subdivision showing its location and dimensions.
g. Name and addresses, including telephone numbers, of all adjacent land owners.
h. Present use of adjacent land.
i. Location of any existing or proposed development, utilities, power lines, easements and right-of-way within the proposed subdivision and adjacent area.
j. Location of drainage ways and areas subject to flooding within the proposed subdivision and adjacent area.
k. Topography of the area displayed in five (5) foot intervals when the terrain of the proposed area could affect its development.
l. Location, dimension, and area of all proposed or existing lots. All lots and blocks shall be numbered or lettered consecutively.
m. Names, locations and widths of all existing and proposed streets or roads within the proposed subdivision and adjacent area.
n. Location and dimensions of all land proposed to be dedicated or reserved for parks, schools, or other public uses.
o. Proposed improvements as covered in Article VI, Section 4.
p. Gas, electric, and telephone distribution plan, if known.
q. Location and distribution of the proposed water supply.
r. Location of the sewage disposal facility and collection systems.
Section 2. Final Plats
Final plats shall meet the following requirements:
1. The final plat shall be fifteen (15) by twenty-six (26) inches or eight and one half (8 1/2) by fourteen (14) inches., signed with permanent ink (SDCL 11-3-10).
2. The final plat shall include the following information:
a. Subdivision name, scale, north arrow, and date.
b. The legal description and the boundaries of the area that is proposed to be subdivided.
c. Detailed map of the proposed subdivision including:
(1) Street lines and names.
(2) Lots, blocks, and their numbers.
(3) Rights-of-way and their widths.
(4) Easements and their widths and purpose.
(5) Areas dedicated to public use.
(6) Area of each lot in acres to two (2) decimal places, or feet.
d. Covenants placed on the subdivision by the developer shall be attached to the plat and filed with same.
e. Place to attach the certificate from the Director of Equalization (County Assessor), the County Treasurer, the New Underwood Finance Officer, New Underwood Director of Public Works, and the New Underwood City Council.
f. Certificate by the surveyor of the proposed subdivision certifying that the boundaries of roads have been surveyed and staked; and that lot boundaries have been staked; and that all distances and bearings on the final plat are accurate.
ARTICLE VI. IMPROVEMENTS
Section 1. Required Improvements
The subdivider is required to install or construct the following improvements or provide by surety for their construction or installation prior to receiving approval of the final plat.
1. All streets and alleys shall be constructed and surfaced to meet established specifications. (See Article VII sect. 3 for specifications)
2. If available, the subdivision’s water and sewer systems shall be incorporated into an existing system. If they are not available, water and sewer systems shall be developed. (See Article VII for more detailed specifications)
3. Permanent property markers shall be established on all lot corners.
4. For subdivisions containing streets, a permanent street sign shall be established at each intersection.
Section 2. Alternate Improvements
The following improvements shall be required if so recommended by the Planning Commission and approved by the Governing Body.
1. Curbs and gutters placed on both sides of all streets.
2. Storm water drainage system adequate to handle the potential runoff in the drainage area.
3. Sidewalks. (See Article VII for design specifications.
4. Installation of street lights at each intersection.
5. Other improvements that the governing Body deems to be a necessity.
Section 3. Joint Improvements
The Governing Body may participate in the cost of improvements within a subdivision if it is determined that such improvements would benefit areas of land not in the subdivision. (Example: Water or sewer or drainage requirements.)
Section 4. Subdivider Proposed Improvements
The improvements the subdivider proposes to make outside the proposed subdivision shall be noted on the preliminary plan. These improvements may relate to drainage, utilities, and other improvements necessary to permit development of the proposed subdivision.
The improvements outside the boundaries of the proposed subdivision which the subdivider proposes to request the appropriate Governing Body to make, if any, shall also be noted on the preliminary plan. These improvements may relate to drainage improvements, extension of water mains, sewers, roads, and other improvements.
ARTICLE VII DESIGN STANDARDS
The design standards set forth in this Ordinance shall be considered as minimum requirements and may be exceeded by the subdivider.
Section 1. General Design Standards
The following standards shall be followed when designing a subdivision:
1. Topsoil and natural vegetation shall be disturbed as little as possible. Topsoil removed in the grading of the subdivision shall not be used as spoil, but shall be redistributed over the disturbed area. All disturbances shall be stabilized by seeding or planting within one hundred eighty (180) days.
2. Existing features which would enhance the residential development of the area as a whole, such as trees, historic sites and similar replaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed form any subdivision, nor any change of the grade of the land affected until approval of the preliminary plan has been granted.
3. Land adjacent to a proposed subdivision shall not be left land locked by such proposed subdivision.
4. Each lot shall be provided with deeded access to a street.
5. Easements for utilities and drainage ways shall be provided.
6. Low areas subject to periodic flooding shall not be developed, except for such uses that are compatible with such an area.
7. Land shall not be subdivided in a manner which omits part of the original tract to avoid otherwise necessary improvements, such as drainage.
8. Street or subdivision names shall not duplicate by spelling or sound or otherwise be confused with the names of existing streets or subdivisions. Such names are subject to approval of the Planning Commission.
9. When determining individual lot sizes within a proposed subdivision, the following standards will be followed for health reasons:
a. If a lot is to have its own well and sewer tank system, minimum lot area is one (1) acre.
b. If a lot is serviced by either a public water or sewer system per state law.
c. If a lot is serviced by both public water and sewer systems, no minimum lot area is required for health reasons.
d. If a lot is not serviced by a public sewer system but the sewage generated on that lot is collected in a holding tank, there is no minimum lot area required for health reasons. The State Code on lot area will be followed for health reasons.
Section 2. Design Standards for Water and Sewer Systems
The following standards are to be used when designing water and sewer systems within a proposed subdivision.
1. If a public water supply is accessible and a public water main is available within one-half (1/2) mile of a proposed subdivision, the subdivider shall be required to connect to this main for the purpose of supplying potable water to every lot in the proposed subdivision, except where restricted by capacity of the public water supply system or limited by topography or easement.
2. If a public water system is not available, a central water supply and distribution system shall be established if the proposed subdivision consists of more than three (3) lots. Smaller subdivisions may use individual wells. In either event, the plans for the water supply and distribution system and water samples shall be submitted to the Department of Environment and Natural Resources for its approval.
3. If a public sanitary sewer is accessible and a sanitary sewer line is available within one-half (1/2) mile of a proposed subdivision, the subdivider shall be required to connect to this sewer for the purpose of disposing of waste, and it shall be unlawful for the subdivider or any occupant to maintain an individual sewage disposal system on this property. Exceptions shall be made where restricted by the capacity of the public sanitary sewer system or limited by topography or easement.
4. If a public sanitary sewer is not available and the proposed subdivision consists of more than ten (10) lots, a central sanitary sewer collection and disposal system shall be provided. Smaller subdivisions may establish individual septic tanks. In either event, the sewage disposal system plans must be submitted to the Department of Environment and Natural Resources for its approval.
5. Fire hydrants will be installed at the developers expense at a maximum of 600’ ft apart, unless a variance in distance is approved by the New Underwood City Council.
Section 3. Design Standards for Streets, Alleys, and Sidewalks
The following standards are to be used when designing streets within a proposed subdivision:
1. Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall not be permitted.
2. Acute angles at street intersections are to be avoided, but in no case will an angle of less than seventy-five (75) degrees be permitted.
3. A minimum of six (6) inches of compacted gravel (must meet Pennington County Specifications) surface with an approved dust retardant shall be applied to all streets in a proposed subdivision. This gravel will be placed on a road bed that has been approved by the Director of Public Works.
4. Cross slopes and gradients of all roads and streets shall be approved by the City Staff.
5. The minimum rights-of-way and pavement widths for streets are as follows:
Street Type Minimum Right of Way Minimum Pavement Width
Arterial 70 feet 24 feet
Collector 70 feet 24 feet
Local 50 feet 24 feet
6. Alleys, when provided, shall be at least twenty (20) feet wide and surfaced with compacted gravel that meets Pennington County Specifications.
7. Other standards as required by the Governing Body.
ARTICLE VIII. VARIANCES
When the Governing Body finds that extraordinary hardships, due to unusual topography or other conditions beyond the control of the subdivider, may result from strict compliance with this Ordinance, it may vary the regulations after consideration of the Planning Commission’s recommendation of such variance. Any variations shall not be such that the purpose or intent of this Ordinance are nullified.
ARTICLE IX. PENALTIES
Any person who violates any provision of this Ordinance or any amendment thereto, or who fails to perform any act required hereunder, punished by a fine of not more than one hundred dollars ($100) per day each and every day the person is found to be in violation of this Ordinance, or imprisonment in the County Jail for not more than thirty (30) days, or both, for each offense, and in addition, shall pay all costs and expenses involved in the case. Any violation of this Ordinance is hereby declared to be a public nuisance per se.
Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells any land by reference to or exhibition of or by other use of a plat of a subdivision, before such plat has been approved by the Governing Body and recorded in the office of the Register of Deeds, shall be punished by a fine of not more than one hundred dollars ($100) per day for each and every day the person is found to be in violation, imprisonment in the County Jail for not more than thirty (30)days, or both, for each lot or parcel so transferred or sold after this Ordinance has taken effect.
ARTICLE X. COURT REVIEW OF DECISION OF GOVERNING BODY
Appeals from any decision of the Governing Body by any person or persons jointly or severally, aggrieved by any decision of the Governing Body, or any taxpayer, or any officer, department, board or bureau of the cities or county, may be taken to the court with competent jurisdiction. Such appeal shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Governing Body.
ARTICLE XI. PETITION OF DECISION OF GOVERNING BODY
The right of the voters to petition any decision of the Governing Body and have that decision brought to the vote of the people is recognized and encouraged by this Ordinance. For a decision to be brought to a vote of the people, the petition must be signed by at least five (5) percent of the voters based on the whole number of voters in the City, which is determined by the voter registration list.
ARTICLE XII. SEVERABILITY
This Ordinance and the various parts, sections, subsection and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, subsection, section, or clause is adjudged unconstitutional or invalid by a court or competent jurisdiction, it is hereby provided that the remainder of this Ordinance shall not be affected thereby.
ARTICLE XIII. RELATIONSHIP TO OTHER LAWS
This Ordinance is not intended to interfere with or annul any other Ordinance, rule, or regulation, state statute, or other provisions of law. Where the provisions of this Ordinance impose restrictions different form those imposed by any other Ordinance, rule or regulation, statute, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
ARTICLE XIV. SIGN OFF
All articles in this Ordinance will be met within one year.
I have read the Subdivision Ordinance and fully understand the requirements of each article.
____________________________ __________________________
Signature Date
____________________________
Attest-Notary Public
ARTICLE XV. EFFECTIVE DATE
December 10, 2001
(seal)
Benita R White, Mayor
Meri Jo Anderson, Finance Officer
1st reading: November 7, 2001
2nd reading: November 14, 2001
Published: November 20, 2001
Effective Date: December 6, 2001
