Pursuant to the authority granted in SDCL 11-3-6, the administrative official of the City of Spearfish may approve final plats in lieu of approval by the governing body subject to the following regulations:
(1) Minor subdivisions (three (3) lots or less) may be approved by the administrative official. Major subdivisions (four (4) lots and more) may be approved by the administrative official under the following circumstances.
a. A preliminary plat of the subdivision has been approved by the common council and the final plat is in conformance with the same;
b. A planned unit development has been approved by the common council and the final plat is in conformance with the same;
c. (i) lot line revisions or (ii) subdivision of existing lots result in a major subdivision, so long as the subdivision conforms to the density requirements of the applicable zoning district.
(2) Adjoining property owners shall be notified five (5) days in advance of the hearing by certified mail as to the date, place and time of the administrative official's hearing, except for (1)a., b., and c.(i).
(3) Any party of interest may appeal the administrative official's decision to the common council within five (5) days after the hearing approving the plat. The fee for filing an appeal shall be equal to the fee paid by the applicant seeking subdivision plat approval.
(4) Upon expiration of appeal period, if any, administrative official records plat.
(Ord. No. 914, § 2(Art. III A.), 2-19-02)