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Platting is a process designed to assist the developer and the city to approve the appropriate features of a proposed subdivision and place them on file with the county register of deeds. Platting is required when land is divided into tracts for purpose of sale, transfer of ownership or in creating a new building site prior to issuance of a building permit, or connecting to city utilities.
(1992 Code, App. A, § 15A.05.020) (Ord. 81-08, passed 7-7-2008)
(a) For plats within the city, one signed mylar plat, two paper copies, one reduced eight and one-half by 11 copy and an electronic PDF and DWG shall be submitted to the city engineer for review and approval. For plats within the joint jurisdictional boundary, the signed mylar plat shall be submitted to the county. Additional paper copies may be required for county submittal according to county standards. All copies shall be signed, sealed and notarized.
(b) The plat should be drawn at a scale of 100 feet to the inch from an accurate survey and on one or more sheets whose dimensions are as required by state law. If more than two sheets are required, an index sheet of the same dimension shall be attached and filed.
(c) The plat shall show the following information:
(1) The proposed name of the subdivision. The name shall not duplicate, be the same in spelling, or alike in pronunciation with the name of any other recorded subdivision, unless it is an extension of or adjacent to the subdivision;
(2) All lot and block lines, type of easements and rights-of-way such as drainage facilities, pedestrian and utilities should be consistent with the development engineer plan. Adjoining unplatted property shall be labeled as such;
(3) A systematic lot and block numbering pattern, lot lines and street names, and the square footage of all lots;
(4) The location and width of all proposed and existing rights-of-way, alleys and easements;
(5) The boundary lines of the area being subdivided with accurate angles or bearings and distances tying the perimeter boundaries to the nearest established street line, section corner, other previously described subdivision, or other recognized permanent monuments which shall be accurately described on the plat as required by SDCL 43-18, 43-20 and 43-21;
(6) Location of all monuments and permanent control points, and all survey pins, either set or located as required by SDCL 43-18, 43-20 and 43-21;
(7) The identification and delineations of any portions of the property intended to be dedicated or granted for public use such as drainage facilities, schools or park land;
(8) All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision lots, streets/roads, alleys, easements and other areas for public or private use. Linear dimensions are to be given to the nearest one- hundredth of a foot;
(9) The radii, chords, length of curve, point of tangency and central angles for all curvilinear streets/roads and radii for rounded corners;
(10) The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all pins and monuments shown as required by SDCL 43-18, 43-20 and 43-21;
(11) Acknowledgment of the owner or owners of the plat of any restrictions, including dedication to public use of all streets/roads, alleys, parks or other open spaces shown thereon and the granting of easements required, as well as the use of any required common areas;
(12) All formal irrevocable offers of dedication for all streets/roads, alleys, parks, drainage facilities, pedestrian paths and other uses as required;
(13) Approved subdivision construction agreement or proof that the same is not required;
(14) Certificates of approval for endorsement by the city engineer, city director of planning and development services, and city finance officer;
(15) The boundary lines of the floodway and special flood hazard zones, the community map number and the base flood elevation on each lot as delineated on the adopted Flood Insurance Rate Maps (FIRM);
(16) On a separate exhibit, to be retained by the city, a drawing or survey of the existing structure outlines [as shown on the original real property surveyed, as indicated in the Surveyor’s Certificate] to verify setbacks and lot area requirements and ensure that current and proposed easements are clear of obstructions; and
(17) A note identifying the zoning classification in effect at the time of plat or replat submittal.
(1992 Code, App. A, § 15A.05.030) (Ord. 81-08, passed 7-7-2008; Ord. 92-12, passed 12-4-2012; Ord. 87-18, passed 10-2-2018)
(a) Once the developer submits an electronic copy of the plat to the online plan review at the city of Sioux Falls website and pays all applicable plat fees, the engineering office shall determine if the plat contains all elements as required by § 157.067. Comments shall be provided by the engineering office to the developer. Once all comments are incorporated into the plat, the developer shall submit assurances for the plat. The plat shall provide the information indicated in § 157.067 and shall require the review and approval of the city engineer and the planning director. The plat and subdivision construction agreement shall be in conformance with the development engineering plan. Either all or a portion of the development engineering plan may be platted.
(b) The plat shall be considered for approval only after the mayor has approved subdivision construction agreement as required by § 157.225 from the developer accepting responsibility for the required improvements, or any revision thereof and all platting fees, assessments, and cost recoveries have been paid. Once the subdivision construction agreement has been signed by the mayor and all platting fees, assessments, and cost recoveries have been paid, the plat shall be approved or disapproved within 15 days.
(c) Within the joint jurisdiction area, the Minnehaha County and Lincoln County board of county commissioners have designated the county planning director to review and approve plats in lieu of the review and approval by the county planning commission as allowed by SDCL 11-6-26.1. The county planning director shall review and approve the plat within 45 days of the plat submitted to the county. The plat may not be filed or recorded until the plats have been signed by the county planning director. If the county planning director denies any such plat, a two-thirds vote of the entire membership of the city council is required to override the county planning director and approve the plat.
(d) If it appears that the system of streets set forth therein conforms to the system of streets of the existing plats of the municipality, that all provisions of any subdivision regulations have been complied with, that all taxes, platting fees, cost recoveries, and special assessments upon the tract or subdivision have been fully paid, and that such plat and the survey thereof have been executed according to law, the city engineer and director of planning and development services shall approve the plat (SDCL 11-3-6). Approval of any plat shall be contingent upon the plat being recorded within 120 days after the certificate of approval is signed by the city finance officer. Developers’ failure to adhere to the approved plat and subdivision construction agreement when developing property constitutes a violation of city ordinance.
(e) If the city engineer or director of planning and development services denies the plat, the person requesting the plat may appeal to the city council by scheduling a hearing with the city council within 15 days of receiving a written denial notice.
(1992 Code, App. A, § 15A.05.040) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)
SUBDIVISION PROCESS EXEMPTIONS
(a) Purpose. The purpose of this section is to provide for the timely review of minor plats, transfer of ownership plat, and replats that do not discernibly impact surrounding properties, environmental resources or public facilities. No concept plan, preliminary plan or development engineering plans are required. Minor plats, transfer of ownership plats, and replats are administratively approved by the city engineer and city director of planning and development services and must comply with all requirements of a plat in § 157.067. Any request for new or additional public infrastructure or facility services after the land has platted may be required to comply with §§ 157.065 through 157.068 at the request of the city engineer.
(b) Minor plats requirements.
(1) Not more than three lots. A minor plat is a plat containing not more than three lots fronting on an existing street and meet all of the following requirements:
A. Does not require the dedication of right-of-way or construction of new streets, except that arterial roadways identified on the major street plan will be required to dedicate the necessary right-of-way;
B. Does not create any public improvements other than sidewalks;
C. Does not landlock or otherwise impair convenient ingress or egress to or from the rear side of the subject tract or any adjacent property;
D. Does not change the grades from the grading plan which was submitted and approved with the original plat or, if the grades are going to be changed, then a grading plan shall be submitted and approved for the minor plat or replat;
E. Does not significantly change any plans that have been prepared for the placement of any other utilities in the subdivision;
F. Does not adversely affect the remainder of the parcel or adjoining property; and
G. Does not conflict with any provision or portion of the growth management plan, official map, zoning ordinance, or these subdivision regulations.
H. Platting fees may be paid on a replat when required by any applicable city platting fee ordinance.
(2) Transfer of Ownership Plat. A transfer of ownership plat is only for the purpose to subdivide one larger piece of land to transfer from one owner to another. The transfer is not at a point in which it is ready for building permit and the entire development process (zoning, preliminary plan, development engineering plans) is still required before a building permit will be allowed. The transfer of ownership plat shall meet all the requirements of a minor plat and the following:
A. Does not require the creation of public easements.
B. The property being platted must be at least 20 acres in size unless the city engineer determines that a somewhat small plat meets the intent of a transfer of ownership.
C. An updated plat is required before any building permits are allowed.
D. Platting fees are deferred until an updated plat is approved.
(3) Replat. A replat includes all the requirements of a minor plat and shall also include the minor vacation of existing platted lines to achieve either a reconfiguration of the existing recorded plat or change the number of recorded lots in the subdivision only where the perimeter of the tract being replatted is not altered by the replat. Platting fees may need to be paid on a replat when required by any applicable city platting fee ordinance. Also, a replat shall certify that the platting vacates the existing plat.
(1992 Code, App. A, § 15A.06.010) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)
The purpose of this section is to exempt the city platting rules and regulations from the following situations. However, the exemption of city platting rules and regulations does not exempt the platting requirements of the register of deeds, title company and state law.
(a) Cemetery gravesite plats.
(1) Cemetery gravesite plats or plots do not have to meet any requirements of this subdivision ordinance as long as land is surveyed, mapped or diagramed and subdivided into sections, blocks, lots, individual grave spaces, avenues, walks and streets, thereby platting or making a map which shall be filed and maintained as a permanent cemetery record.
(2) However, all platting requirements of the county register of deeds and state law are still applicable.
(b) Government-owned parcels. In order to facilitate the transfer of ownership from one owner to a government entity for the use of a public land or facility (e.g., school, park, drainageway, H lots), city platting rules may be exempted by the city engineer and city director of planning and development services.
(c) Add-on agreement of existing lots or tracts.
(1) The purpose of an add-on agreement is to allow existing contiguous legal lots, tracts, and plats to be recognized as one parcel for building code and zoning regulations when the contiguous legal lots, tracts, parcels, and plats are owned by the same landowner.
(2) An add-on agreement must not place any existing or planned buildings in violation of zoning regulations or building codes.
(3) An add-on agreement will be recognized by the city planning and development services office after tax parcels stated therein have been combined by the county equalization office. The combined parcel known as the new lot of record shall include the recorded legal descriptions.
(1992 Code, App. A, § 15A.06.020) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)
PRELIMINARY SUBDIVISION PLAN LOT, BLOCK, AND STREET LAYOUT CRITERIA
(a) The lengths, widths and shapes of blocks shall be determined with regard to:
(1) Provision of adequate building sites suitable to the special needs of the type of use contemplated;
(2) The need for convenient access, circulation, control and safety of traffic and utilities; and
(3) Limitations and opportunities of topography.
(b) Blocks shall normally be wide enough to allow two tiers of residential lots of an appropriate depth.
(c) Block lengths shall not exceed 1,320'. Block lengths on arterial streets may be longer, but in such situations that pedestrian and bicycle connections must be made as required by § 157.099.
(1992 Code, App. A, § 15A.07.020) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)
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