(A) Conformance to applicable rules and regulations. In addition to the requirements established herein, all subdivision plats shall comply with the following laws, rules and regulations:
(1) All applicable state and local statutory provisions;
(2) The town’s Zoning Ordinance, Comprehensive Plan, Office Map, Building and Housing Codes and all other applicable laws of the town;
(3) The special requirements of these regulations and any rules of the State or County Health Departments and all other appropriate state agencies; and
(4) The rules and regulations of the state’s Department of Highways if the subdivision or any lot contained therein abuts a state highway or connecting street. Plat approval shall be withheld if a subdivision is not in conformity with the above requirements and with the policies and purposes of these regulations as established in §§ 155.002 and 155.003 of this chapter.
(B) Self-imposed restrictions. If the owner places restrictions on any of the land contained in the subdivision greater than those required by of this code of ordinances or these regulations, such restrictions or reference thereto may be required to be indicated on the subdivision plat, or the Commission may require that restrictive covenants be recorded with the County Recorder in the form to be approved by the Commission’s Attorney. This section, however, shall impose no obligation upon the Commissioner or the town to enforce any such restrictive covenants.
(C) Boundary improvements.
(1) The applicant shall place, under the supervision of a registered land surveyor, concrete monuments four inches square or four inches in diameter and 40 inches long with an iron pipe cast in the center, at each corner or angle of the ultimate outside boundary of the subdivision. Those monuments shall be set following grading of each phase of the subdivision.
(2) The applicant shall place, under the supervision of a registered land surveyor, pipes or steel rods, five-eighths of an inch in diameter by 30 inches in length at the corners of each lot. Such pipes or rods shall be set prior to and as a condition of the issuance of an improvement water permit for each lot.
(D) Character of the land. Land which the Commission finds to be unsuitable for subdivision or development because of flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, environmental conditions, artifacts or other features which might reasonably be harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Commission to address the unsuitable land conditions. Such land shall be set aside for such suitable uses permitted by Ch. 156 of this code of ordinances.
(E) Subdivision name. The proposed name of the subdivision shall not duplicate or too closely phonetically approximate the name of any other subdivision in the area covered by these regulations. The Commission shall have final authority to approve the name of the subdivision which shall be determined at the time of primary approval.
(2004 Code, § 4-401)