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§ 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)
§ 154.21 PLATTING PROCEDURE.
   (A)   The subdivider may prepare a sketch plan that shall be discussed with the Planning and Zoning Commission in order to establish the requirements of this chapter that will influence the design of the subdivision. The subdivider shall submit a plat application with the sketch plan and supporting materials to the Finance Officer more than two weeks (inclusive) before the next regularly scheduled meeting of the Planning and Zoning Commission. This submission shall consist of nine copies of the sketch plan and nine copies of the plat application and any supporting material.
   (B)   The subdivider shall submit a plat application with the preliminary plat and supplemental materials to the Finance Officer more than two weeks (inclusive) before the next regularly scheduled meeting of the Planning and Zoning Commission. This submission shall consist of nine copies of the preliminary plat, prepared on 15-inch by 26 inches paper, and nine copies of the plat application and any supplemental material. Platting fees are due and payable with the plat application.
   (C)   Upon official receipt of the sketch plan or preliminary plat, the Finance Officer will inform the subdivider of the date, time and location of the Planning and Zoning Commission meeting at which the plan or plat will be presented. The Finance Officer shall also mail or provide a copy of the plat to each Planning and Zoning Commission member, the Planning Coordinator and the Town Engineer for review and comment before the Planning and Zoning Commission meeting. The Planning Coordinator may solicit comments on the plat from other agencies before the Planning and Zoning Commission meeting. The Planning and Zoning Commission shall review the plat for compliance with this chapter at the scheduled meeting.
   (D)   The Planning and Zoning Commission shall have a maximum of 30 days following the presentation of the preliminary plat at a regular Planning and Zoning Commission meeting, unless otherwise agreed to by the subdivider, in which to review the preliminary plat and to approve, approve with conditions or disapprove the preliminary plat. The preliminary plat shall be forwarded to the governing body without recommendation if the Commission fails to act within the review period.
   (E)   The subdivider shall submit eight paper copies of the preliminary plat to the Finance Officer more than five days (inclusive) before the next regularly scheduled meeting of the governing body.
   (F)   Approval by the governing body of a preliminary plat shall be effective for three years from the date of approval. An extension(s) beyond three years, for a period not to exceed one year, may be granted upon agreement between the governing body and the subdivider. Approval of extensions may reflect changes to this chapter.
   (G)   Following approval of the preliminary plat by the governing body, the subdivider may proceed with the construction of streets and installation of other indicated improvements. The subdivider may request that the final plat be immediately considered for review with the preliminary plat by the Planning and Zoning Commission and the governing body.
   (H)   Alternately, the subdivider may, upon inspection and approval of streets and other indicated improvements by the Planning Coordinator and the Town Engineer, submit a final plat to the Finance Officer more than two weeks (inclusive) before the next regularly scheduled meeting of the Planning and Zoning Commission. This submission shall consist of eight copies of the final plat prepared on 15-inch by 26-inch paper.
   (I)   Upon official receipt of the final plat, the Finance Officer will inform the subdivider of the date, time and location of the Planning and Zoning Commission meeting at which the plat will be presented.
   (J)   Upon presentation of the final plat at a regular meeting, the Planning and Zoning Commission shall have a maximum of 30 days in which to review, prepare and submit its recommendation, along with the plat, to the governing body; provided however, that the subdivider may agree to an extension not to exceed 30 days. The final plat shall be forwarded to the governing body without recommendation if the Commission fails to act within the review period.
   (K)   The subdivider shall submit the Mylar original and seven paper copies of the final plat to the Finance Officer more than five days (inclusive) before the next regularly scheduled meeting of the governing body. The final plat, when submitted, shall include corrections requested by the Planning and Zoning Commission and the signatures of the owner(s), the surveyor, the appropriate highway authority(s) and the County Treasurer.
   (L)   The governing body shall have a maximum of 15 days to approve or disapprove the final plat after receipt of the Planning and Zoning Commission recommendation.
   (M)   The Planning Coordinator shall submit the Mylar original of the approved final plat to the office of the Register of Deeds to be recorded within 15 days after approval by the governing body or all formal action shall become void.
   (N)   The Finance Officer shall not issue building or grading permits within the newly-platted subdivision, except for subdivision improvements approved by the governing body after review of the preliminary plat, until the governing body has approved the final plat of the subdivision and the County Register of Deeds has recorded the approved final plat.
(Ord. 10.9, passed - -2005)
§ 154.22 INFORMATION REQUIRED FOR PRELIMINARY PLATS.
   (A)   The subdivider shall submit the following information to the Finance Officer with the plat application:
      (1)   A preliminary plat indicating the layout of all property lines, lots, streets, easements, watercourses, parks and open spaces within the proposed subdivision. This plat should show the subdivision’s relation to any surrounding development, including property lines, streets and recorded utility easements or visible utilities;
      (2)   If any portion of the platted area falls within any area of special flood hazard as identified by FEMA, a note shall be placed on the plat which states “Flood Insurance Rate Map Panel ____with an effective date of _________ indicates the presence of a flood hazard area within the subdivision area represented on this plat”; and
      (3)   If the proposed subdivision does not adjoin an existing county, state or federal highway or town street, the developer must provide evidence to the Planning and Zoning Commission and governing body that a street that meets current town street specifications exists within a public right-of-way that connects the proposed subdivision with such a highway. If a Road District Association governs the connecting street, then the developer shall petition the Association to add all land within the proposed subdivision to the district or enter into a street maintenance agreement with that Road District Association.
   (B)   The following supplemental materials may be required at the request of the Planning and Zoning Commission or the governing body.
      (1)   Narrative on the intended development. The narrative will describe the nature of the intended development, its integration into surrounding development, and its impact on the community. Any contemplated future development shall be included.
      (2)   Street design plans.
         (a)   Public streets may be required to be designed under the direction of a professional engineer whose seal shall be affixed to all drawings as stipulated in SDCL § 36-18A-45.
         (b)   The Town Engineer shall recommend the content of street design plans, which may include, but are not limited to, the following:
            1.   Plan and profile drawings are to be prepared for all proposed public streets within the subdivision;
            2.   The plan view shall indicate stationing, centerline, the location of drainage structures, guardrails, signage, horizontal curve data, super-elevation, street right-of-way, horizontal control points, property corners and other significant features;
            3.   The profile view shall indicate the existing centerline grade, the finish centerline grade, the exact location and elevation of all vertical curves, the location of drainage structures and the estimated amount of cut and fill;
            4.   Cross-sections are to be drawn at every full station and every major break in grade. They are to show existing and finish ground lines. Cross-sections are to be drawn at all points where a drainage structure crosses the street. The drainage structure is to be shown; and
            5.   As-built construction drawings prepared by a professional engineer.
      (3)   Bridge plans. Bridges are to be designed by a professional engineer.
      (4)   Plans for proposed water and sewer systems. Plans for any proposed water and sewer systems indicating points of connection with existing municipal systems, valve locations, meter types and locations, pipe sizes and locations, proposed tap fees and other pertinent information that may be requested by the Town Engineer or governing body.
      (5)   Engineer’s report on private water systems, sewer systems and significant hydrologic problems. Small and individual on-site wastewater disposal systems shall conform to regulations established by the state in ARSD 74:53:02 and by County Ord. 2.
      (6)   Soil erosion and sediment control plans. Soil erosion and sediment control plans are to be prepared under the direction of a professional engineer whose seal shall be affixed to the documents as stipulated in SDCL § 36-18A. The Town Engineer shall recommend the content of the plans, which may include (but are not limited to) the following:
         (a)   A scaled, topographic survey map of the proposed subdivision site showing proposed lot lines and five-foot contour intervals;
         (b)   A soil erosion control plan showing locations and areas of anticipated soil disturbance and the proposed erosion control structures and practices that will be used to control the anticipated erosion;
         (c)   A sediment control plan detailing the structures and practices that will be applied to control sediment generated by on-site erosion;
         (d)   Proof of acceptance by DENR of these plans; and
         (e)   A seeding and planting plan for any screening strips or other landscaped areas required by the governing body.
      (7)   Storm drainage plan. The storm drainage plan shall be made under the direction of a professional engineer. Storm drainage structures are to be designed to withstand the effects of a 25-year, 24-hour rainfall. The Town Engineer shall recommend the content of the plan, which may include (but is not limited to) the following:
         (a)   The location of all proposed drainage ways, streams and ponds within the subdivision;
         (b)   The location and size of proposed and existing drainage structures, including culverts, bridges, pipes and drop inlets;
         (c)   The area of land contributing runoff to each drainage structure;
         (d)   The location of easements, rights-of-way and maintenance access for all drainages;
         (e)   The direction of water flow throughout the subdivision; and
         (f)   With prior approval of the Town Engineer, the drainage plan may be combined with the street design plan.
      (8)   Electronic plat map. The plat preparer may be required to submit an electronic copy of the plat map in AutoCadd (.dwg) file format.
         (a)   The electronic copy shall include:
            1.   A complete layout of the subdivision, including lot and block numbers, street names, public right-of-way width dimensions, all lot lines with length and bearing data, and water and sewer main line locations;
            2.   The subdivision layout must be tied to a minimum of two existing town control points and the northing and easting data from the points provided;
            3.   Notes on special items such as easements and lift stations; and
            4.   The size and type of material of all water and sewer main lines.
         (b)   The electronic copy shall be submitted with the final plat and be subject to review and approval of the Town Engineer.
         (c)   The Town Engineer shall determine the media, content and format of all electronic data to be submitted.
      (9)   Other supplemental data. If the property involves areas where the soil characteristics, terrain, drainage, geology, ground cover or location imposes unusual requirements, the Planning and Zoning Commission may request additional supplementary data to demonstrate the feasibility of subdividing the land.
(Ord. 10.9, passed - -2005)
§ 154.23 CONTENT OF PRELIMINARY PLATS.
   The following information shall be shown on all preliminary plats:
   (A)   Title. Plat titles are to be broken into two parts, a primary title and a secondary title. The primary title shall be the subdivision name and shall comply with § 154.37. The secondary title shall state the names or numbers of the newly created lots of the subdivision and the subdivision name, state the legal parcel(s) from which these lots are taken, and describe the location of the lots being created. If reference is made to an existing plat of record, the book and page number of the plat is to be cited in a note on the plat.
   (B)   Vicinity map. The vicinity map shall show the boundary of the subdivision and the location of internal streets with their relation to external streets. The internal streets shall be drawn with “double lines”. Scope and size of the vicinity map shall be approved by the Planning and Zoning Commission.
   (C)   North arrow, bar scale and legend.
   (D)   Easements. The location of boundary lines for all new, known and recorded easements shall be shown or indicated. The purpose of the easement shall be indicated.
   (E)   Public land. The location and dimension of land to be dedicated or reserved for public rights-of-way, parks, open space or other public use shall be shown. No private streets shall be platted within a subdivision, and no reserve strips shall be platted except where their control is vested in the governing body.
   (F)   Tracts. The name of each tract shall be clearly indicated and the exact length and bearing of all property lines shall be shown. Distance units are to be in feet to two decimal places and bearings are to be shown to the nearest second. The area of the tract shall be shown in acres to two decimal places. Tract names shall be subject to the approval of the Planning and Zoning Commission.
   (G)   Lots and blocks. Lot and block numbers shall clearly identify each parcel of land. The exact length and bearing of all lot and block lines shall be shown. Distance units are to be in feet to two decimal places and bearings are to be shown to the nearest second. Numbering shall be subject to the approval of the Planning and Zoning Commission.
   (H)   Streets. The plat shall contain the following information:
      (1)   The location of all existing and proposed street rights-of-way within and adjacent to the subdivision;
      (2)   The widths of all existing and proposed rights-of-way; and
      (3)   The names of all public streets shown on the plat.
(Ord. 10.9, passed - -2005)
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