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§ 154.03 SECTION LINE HIGHWAYS.
   Any resident or landowner within the jurisdiction of the town desiring to have a section line highway developed or improved must petition the Board of County Commissioners to that end.
(Ord. 10.9, passed - -2005)
§ 154.04 MOBILE HOME COURTS.
   All mobile home courts must meet the requirements of Chapter 153.
(Ord. 10.9, passed - -2005)
§ 154.05 BUILDING AND GRADING PERMITS.
   (A)   Building permits are required in the town for any of the following:
      (1)   Construction of all major structures;
      (2)   Additions made to any major structure;
      (3)   Major structures that are to be moved from one parcel to another;
      (4)   Major structures that are to be demolished or removed from the property;
      (5)   Mobile homes that are to be located within the town, moved from one location to another within the town, or moved out of the town; and
      (6)   Construction or installation of communications towers and other unoccupied structures.
   (B)   Grading permits are required in the town for all clearing or grading except when: grading for agricultural or gardening purposes; grading for a single-family dwelling where less than 5,000 square feet of soil is disturbed; clearing less than 5,000 square feet; excavating or filling less than 100 cubic yards of soil; installing less than 100 feet of utility line; excavating below finished grade for a basement or foundation for a major structure authorized by a valid building permit; or for clearing or grading for the installation of a minor structure.
   (C)   Building permits are not required for normal maintenance of existing buildings or for repair to facilitate the maintenance. Fire or storm damage repair of foundations, supporting walls or roof trusses shall require a building permit. Repair of fire- or storm-damaged structures located in flood hazard areas is also subject to the provisions of the town’s floodplain development provisions, Chapter 151.
   (D)   All construction shall conform to codes and regulations adopted by the town including, but not limited to, individual and small on-site wastewater systems, plumbing, electrical and standard building codes.
   (E)   Building or grading permits shall only be issued to the owner of the property or the owner’s designated (in writing) agent.
   (F)   If the work described in any building or grading permit has not begun within six months from the date of issuance thereof, the permit shall expire. The permit shall be canceled by the Finance Officer and notice thereof shall be given to the person affected.
   (G)   If the work described in any building or grading permit has not been substantially completed within one year of the date of issuance thereof, the permit shall expire. Notice shall be given to persons affected that further work as described in the expired permit shall not proceed unless and until an extension has been obtained.
   (H)   All structures will in general comply with sound engineering and safety regulations normally required by the town’s adopted building codes.
   (I)   There are no exceptions for building or grading permits.
   (J)   Building or grading permits shall not be issued for construction on any land in the town that fails to conform to the requirements of this chapter.
   (K)   Fees for all permits shall be set by the governing body and shall be due and payable upon application for the permit.
(Ord. 10.9, passed - -2005)
§ 154.06 VARIANCES.
   The governing body, upon the recommendation of the Planning and Zoning Commission, may vary these regulations due to unusual topography or other conditions so that substantial justice may be done and the public interest secured; provided that the variation will not have the effect of nullifying the intent and purpose of this chapter.
(Ord. 10.9, passed - -2005)
§ 154.07 COMMERCIAL REMODELING.
   (A)   Commercial remodel permits are necessary to ensure the safety and welfare of the public by requiring any proposed work to be done is designed and constructed in accordance with the State Building Code and the zoning by-laws of the town. Every change in commercial use should be verified with the Planning and Zoning Commission as a permitted use for the zone in which the building is located. All contractors and their sub-contractors must be licensed with the town. Building inspections are required.
   (B)   You need a permit if you intend to:
      (1)   Remodel a commercial building, involving structural, electrical, gas or plumbing. Plans with structural changes must be designed by an architect or engineer, and require a complete floor plan along with complete framing and wall section plan;
      (2)   Install or replace any equipment or fixtures covered by the Plumbing, Gas or Electrical Codes;
      (3)   Build an addition to a commercial building, repair, renovate or demolish any building or structure;
      (4)   Change the use and or occupancy of a commercial building. A change in commercial use may result in a requirement for more on-site parking; or
      (5)   Change, remove or install required means of egress (exits/stairs) in a commercial building.
(Ord. 10.9A3, passed - -2012)
PROCEDURE FOR THE SUBDIVISION OF LAND
§ 154.20 GENERAL REQUIREMENTS.
   (A)   Plats shall be filed on any parcel that is subdivided into a non-aliquot part of the United States Public Land Survey System (USPLSS); an aliquot part of the USPLSS of less than 40 acres; or not a recorded government lot, Homestead Entry Survey (H.E.S.) or Mineral Survey (M.S.). The governing body, upon completion of a review per requirements of § 154.21(A), may waive the requirement to create and file a plat for subdivision into aliquot parts of the USPLSS when the requirements of § 154.22(A)(3) have been met.
   (B)   The subdivider is required to install or construct the improvements hereinafter described prior to receiving approval of the final plat unless the governing body accepts appropriate surety in lieu of construction. All improvements required under this chapter shall be constructed in accordance with specifications provided by and under the inspection of the Planning Coordinator and/or the Town Engineer or their representative. Appropriate surety shall be deemed to be cash or certified check or surety bond paid to the Finance Officer in an amount to be recommended by the Town Engineer for the estimated cost of the improvements plus a 30% reserve. The reserve is intended to cover potential town costs, such as, but not limited to, engineering review, construction administration, construction inspection, project management and general administrative costs, in the event of default or noncompliance with town specifications by the subdivider.
   (C)   All public streets shall be constructed to town street specifications. The street construction shall be subject to inspection by both the Town Engineer and the Planning Coordinator during construction and upon completion.
   (D)   Maintenance of public streets that have not been accepted for maintenance purposes by the town, or by any other governmental entity, shall be the responsibility of adjacent landowners unless the maintenance is accepted by the governing body. Landowners are encouraged to form a Road District Association as specified in SDCL § 31-12A but may petition the governing body for acceptance of maintenance by the town as follows.
      (1)   This petition shall contain a description of the exact location of the street to be maintained by the town.
      (2)   A statement shall be included describing the requested maintenance or improvements the petitioners desire the town to undertake. This statement is to be of sufficient detail to enable the Town Engineer and the Board of Trustees to reasonably determine the likely costs of the proposed action.
      (3)   An explanation shall be provided detailing why a Road District Association cannot or should not be formed.
   (E)   Private access roads are allowed and shall be indicated on plats within private access easements. Private access roads are intended to serve only one parcel. The Board may allow a private access road to be shared by two adjoining parcels where topography or access restrictions onto federal, state or county highways or town streets make the sharing desirable. Development of private access roads is not required.
   (F)   Storm sewers and drainage structures shall be designed and installed as recommended by the Town Engineer and in accordance with good engineering practice. Culverts shall be designed to withstand the effects of a 25-year, 24-hour rainfall and may be required to be certified as such by a professional engineer. Culverts shall be concrete or corrugated metal pipe and shall have a diameter of at least 18 inches unless otherwise first approved for use by the Town Engineer.
   (G)   All property corners, including the beginning (point of curvature) and ending (point of tangency) of curves along property lines, shall be accurately marked on the ground with a five-eighths inch to one and a quarter inch diameter iron rod at least 18 inches in length. These bars are to be capped with an aluminum or plastic cap indicating the license number of the surveyor who placed the bar in the ground.
   (H)   The subdivider shall contract with the County Highway Department for the installation of durable street name signs at all public street intersections. Two street name signs are required for all intersections within municipal limits.
   (I)   All required improvements in the subdivision shall be installed under the inspection of the Planning Coordinator and/or the Town Engineer.
   (J)   The Planning and Zoning Commission may formulate additional written administrative rules that govern the procedure for processing subdivisions. These procedures will outline the responsibility of parties concerned with subdivisions and processing, and they will contain other information necessary to systematize handling and processing.
   (K)   Platting fees shall be set by the governing body.
(Ord. 10.9, passed - -2005)
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