(A) General.
(1) A developer shall submit a final plat, after approval of a preliminary plat and a boundary plat (if required), of the proposed subdivision to the Planning and Zoning Board for review and recommendation. The plat must conform to the requirements of this title.
(2) The final plat shall substantially conform to the approved preliminary plat. However, the final plat may constitute only a portion of the approved preliminary plat. The final plat submission shall conform in all major respects to the preliminary plat as previously reviewed and approved by the County Commission and shall incorporate all required modifications from its review. As part of the final plat process, the Planning and Zoning Department, the Planning and Zoning Board, and the County Commission shall review the final engineering plans, the development agreement, letters of credit, conservation easements, homeowners’ covenants, perpetual maintenance agreements, the plat, and any other documents, reports, or studies as necessary.
(3) Any phasing of the development shall not create conflicts in access to any proposed or previously platted lots.
(4) The boundary or final plat prepared for recording purposes shall be prepared in accordance with provisions of state statutes and applicable county regulations.
(B) Procedure.
(1) The applicant shall submit a plat application with each proposed final plat.
(2) The applicant shall prepare and submit one paper copy and a digital version of the final plat on the scheduled due date, together with any necessary supplementary information and all required data set forth in this section.
(3) The Planning and Zoning Department shall review the final plat and verify conformance to the approved preliminary plat. The County Commission shall review the final plat and consider the recommendations of the Planning and Zoning Board and the conformance of the final plat with the approved preliminary plat.
(4) After receiving the recommendation of the Planning and Zoning Board, the County Commission shall approve or disapprove the final plat within 90 days of the official filing of a complete submittal, unless such date is extended by agreement with the developer or his or her agent. Upon approval of the final plat by the County Commission, as certified thereon, one copy of the plat shall be returned to the developer, one copy shall be returned to the Planning Department, one copy shall be transmitted to the County Director of Equalization, and the original copy shall be presented to the County Register of Deeds for filing/recording.
(5) Approval of the final plat shall be contingent upon the plat being recorded within 120 days after the certificate of approval is signed by the Planning Director or the County Commission. Any approved final plat not recorded within 120 days is null and void.
(6) Under the authority of SDCL § 11-3-8, the County Commission may, by resolution, designate the administrative official to approve plats in lieu of approval of the County Commission.
(C) Final plat review fee. A fee shall be charged at the time of the final plat submittal to cover the cost of review. The fee is due and payable at the Planning and Zoning Department at the time of the final plat submittal. A schedule of fees for plats shall be established by the Planning and Zoning Board and approved by the County Commission by resolution.
(D) Document format. The final plat shall be presented in waterproof black ink on drafting linen, matte film, or Mylar, and all signatures must be made with permanent ink. The plat shall include the following items:
(1) Names and addresses of the owner and/or developer having control of the lands included in said plat and the surveyor;
(2) Appropriate legal descriptions; name shall not duplicate the name of any plat recorded in the county;
(3) Location by section, township, range, county, and state, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close;
(4) Graphic scale; north arrow; preparation date;
(5) If the proposed subdivision is a rearrangement or a re-plat of any former plat, the lot and block arrangement of the original plat along with its original names shall be indicated by dotted or dashed lines. Also, any revised or vacated roadways of the original plat shall be so indicated;
(6) The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments or the nearest established street lines, including true angles and distances to such reference points or monuments. Permanent markers shall be placed at each corner of every block or portion of a block, points of curvature, and points of tangency on street lines, and at each angle point on the boundary of the subdivision. All property corner markers shall be in accordance with state law and state administrative rules. In situations where conditions prohibit the placing of markers in the locations prescribed above, offset markers will be permitted. The exact location of all markers shall be shown on the final plat, together with accurate interior angles, bearings, and distances;
(7) Location of lots, streets, public highways, alleys, parks, and other features with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points and points of curve to lot line;
(8) All easements and rights-of-way which are established by this plat shall be indicated by general note, or geometrically related to the subject lot lines. Easements that traverse across more than one lot shall be geometrically related or tied to the lot lines crossed;
(9) All block numbers or letters, lot numbers and lot lines with accurate dimensions in feet and hundredths, and bearings and angles to street and alley lines. Lots shall be numbered clearly. If blocks are to be numbered or lettered, these shall be shown clearly in the center of the block;
(10) Boundary lines and description of boundary lines of any areas other than streets and alleys which are to be dedicated or reserved for public use;
(11) Dedication of all streets, alleys, and other public areas not previously dedicated shall be shown on the plat;
(12) Proposed access to the nearest public road shall be platted; and
(13) Whenever a platted lot(s) overlies an existing mineral survey(s), the amount of acreage being removed from the mineral survey(s) shall be listed as a notation on the plat.
(E) Notes. The following notes shall be added to all plats, where appropriate.
(1) “We hereby indicate to the public for public use forever, the streets, roads, alleys, parks, and public grounds, if any, as shown on said plat, including all sewers, culverts, bridges, water distribution lines, sidewalks, and other improvements on or under the streets, roads, alleys, parks, and public grounds, whether such improvements are shown or not. We also hereby grant easements to run with the land for water, drainage, sewer, gas, electric, telephone, or other public utility lines or services under, on, or over those portions of land designated hereon as easements.”
(2) If a homeowners’ association is required, include: “We also certify that ownership and maintenance of streets, roads, alleys, parks, other open space, drainageways, detention areas, invasive species plan, and fire plan, if any, as shown on said plat, and any improvements thereto, shall be provided by the (Name) Homeowners’ Association except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. We also hereby grant easements to run with the land for water, drainage, sewer, gas, electric, telephone or other public utility lines, or services under, on, or over those strips of land designated hereon as easements.”
(3) If private roadways are shown, include: “I further grant and certify that the roadway(s) shown as (names of private roads) are private roadways which are hereby reserved as permanent unobstructed access. Said roadways are for vehicular and pedestrian travel for the purposes of access to the abutting property. It is understood the owner, their lessees, and assignees have the responsibility with respect to maintaining said private roadway. Said grant is to run with the land. As no dedication to the public is being made of said private roadways, the owners, their lessees, and assignees of the property platted as (subdivision name), shall at their own cost and expense keep and preserve said private roadways at all times in a good condition of repair and maintenance, and clear of snow and other obstructions and neither erect nor permit erection of any improvements of any kind within said private roadways which might interfere in any way with the proper maintenance, use, repair, reconstruction, and patrolling of said private roadways. This shall remain in effect until a public entity accepts the roadways as a public dedication.”
(4) If access easements are shown, include: “We further grant and certify that the access easement is hereby created as a perpetual common unobstructed access in favor of the lots abutting on it. The easement is for vehicular and pedestrian travel for the purpose of access to the abutting property. The owner, lessees, and assignees shall maintain the easement area. They shall, at their own expense, keep the easement area in good repair and maintenance and clear of snow and other obstructions. No improvements of any kind may be erected within the easement area which might interfere in any way with the proper maintenance, use, repair, reconstruction, and patrolling of the access easement. This covenant shall run with the land.”
(F) Certificates for plats, re-plats, and correction plats.
Ownership Certificate: Notarized certification by owner, or his or her duly authorized agent, that the plat was made at his or her request and under his or her direction for the purposes indicated therein, that he or she is the owner of all lands included therein, and that development of the land shall conform to all existing applicable zoning, subdivision, and erosion and sediment control regulations. |
Certificate of Surveyor: Certification by a registered land surveyor to the effect that the plat represents a survey made on the ground by them or under their supervision and a statement as to the correctness or standard of care. |
Certificate of the Planning and Zoning Board: Approval of the final plat is hereby granted by the Lawrence County Planning and Zoning Board on this _____ day of __________, 20_____. ________________________________ Planning and Zoning, Chair ________________________________ Planning and Zoning, Secretary |
Resolution of Governing Board: BE IT RESOLVED that the Lawrence County Board of Commissioners having examined the within plat, do hereby approve the same for recording in the office of the Register of Deeds, Lawrence County, South Dakota. Dated this _____ day of __________, 20_____. Signed: ________________________________ Chairperson, Lawrence County Commission Attest: ________________________________ Lawrence County Auditor |
Certificate of County Treasurer: Certification by the County Treasurer that all taxes, which are liens upon any land included in such plat, as shown by the records of his or her office have been fully paid. |
Certificate of Director of Equalization: Certification by the County Director of Equalization that he/she has received a copy of the plat. |
Water Protection Statement: Pursuant to SDCL §§ 11-3-8.1 and 11-3-8.2, the developer of the property described within this plat shall be responsible for protecting any waters of the state, including groundwater, located adjacent to or within such platted area from pollution from sewage from such subdivision and shall in prosecution of such protections conform to and follow all regulations of the South Dakota Department of Environment and Natural Resources relating to the same. |
Approval of this final plat shall expire within 120 days after the certificate of approval is signed by the Planning Director or the County Commission. Any approved final plat not recorded within 120 days is null and void. This plat will expire on the _____ day of __________, 20_____ at 5:00 p.m. |
Certificate Street/Road Authority: Approval of the access, if any, to an abutting political subdivision highway or street: _______________________ Highway or Street Authority Pursuant to SDCL § 11-3-12, the county/state shall not be required to open, improve, or maintain any such dedicated right-of-way, streets, alleys, ways, commons, or other public ground solely by virtue of having approved a plat or having partially accepted any such dedication, donation, or grant. No certification, approval, or endorsement contained herein shall be construed as acceptance of any public right-of-way, dedicated street, alley, or road depicted or described herein, as part of the state or Lawrence County highway system. |
Certificate of Register of Deeds: State of South Dakota, County of Lawrence Filed for record this _____ day of __________, 20_____ at _____ o'clock _____ m., and recorded as document # _____. Register of Deeds: __________ Fee:$_____ |
(G) Supplemental requirements. Supplemental requirements are as follows:
(1) Certification furnished to the Planning Office that the developer has complied with one of the following:
(a) All required public or private improvements shall have certification of completion from a state registered professional engineer or the developer/owner that the improvements were completed in accordance with the approved plans and these regulations; and
(b) A surety has been posted with the County Auditor in sufficient amount to cover the costs of all required improvements.
(2) Wildfire mitigation plan in accordance with § I-6.015(E);
(3) (a) Perpetual maintenance agreements, covenants, and/or deed restrictions that provide for the preservation and care for structures, improvements, conditions, or areas so that they remain attractive, safe, and presentable and carries out the purposes for which it was installed, constructed, or required (i.e., weed plan, fire plan, water system, fire hydrants, and the like).
(b) The county is not a party to any of the above and takes no responsibility in their enforcement;
(4) The owner/developer shall present all such documents in recordable form to be recorded in the office of the County Register of Deeds at or before the time of recording the final plat, adequately demonstrating compliance with Chapter 5 Article 4 Section 1.6 c;
(5) Information relevant to on-site wastewater disposal systems, percolation test, and soil profiles;
(6) All affidavits, notes, and like information required by state law;
(7) Other pertinent information as requested by the County Planning Department; and
(8) Prior to approval of a final plat, the provision of Chapter 7 of this subdivision title must be met.
(Ord. 14-04, passed 6-30-2015, Ch. 5, Art. 5; Ord. 16-02, passed 6-3-2016; Ord. 19-01, passed 4-9-2019)