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(A) Violation. It shall be a violation of this chapter for any person having an interest in any land within the jurisdiction of the city to subdivide or resubdivide such land into lots other than in accordance with the provisions of this chapter.
(B) Subdivision plats subject to review. Any subdivision of land within the platting jurisdiction of the city containing two or more lots, no matter how described, shall be platted or replatted, and said plat must be submitted to the Planning Commission for its consideration and recommendation to the Board of Commissioners for approval or rejection.
(C) Platting required prior to sale/transfer. Any parcel of land of less than 40 acres which is located within the extraterritorial platting jurisdiction of the city must be platted prior to the sale or transfer of the land. The Register of Deeds may not record any document of any sale or transfer of unplatted property that does not comply with this chapter.
(D) Minimum lot sizes. The subdivider shall conform to lot densities established by Chapter 155 or, if the subdivision is outside of the city’s municipal limits, not be less than the minimum lot sizes established by SDAR 74:53:01, which establishes regulations for individual and small on-site wastewater systems.
(E) Annexation. The subdivider shall be required to submit a petition for voluntary annexation of his or her subdivision into the city with the final or minor plat application if any portion of the subdivision is adjacent to the city’s municipal boundary. For the purposes of this chapter, the term “adjacent” ignores any right-of-way or dedication that lies between the municipal boundary and the subdivision boundary.
(F) Adjacent access and street extension. Land adjacent to a proposed subdivision shall not have its access left land-locked by a proposed subdivision. Sufficient proposed streets shall be extended as far as the boundary line of the parcel being subdivided, and provided with a temporary cul-de-sac in order to ensure normal circulation of traffic within the vicinity.
(G) Street maintenance. Maintenance of public streets that have not been accepted for maintenance purposes by the city shall be the responsibility of the subdivider until said maintenance is accepted by the Board of Commissioners, in the case of streets outside of the municipal limits of the city, the Board of Commissioners approves a street maintenance plan that provides for said maintenance.
(H) Lot monuments, numbering, and naming. 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-one-quarter-inch diameter iron rod at least 18 inches in length. Each bar is to be capped with an aluminum or plastic cap indicating the license number of the surveyor who placed the bar in the ground. The monumentation of all corners required by SDCL § 11-3-2 shall be fixed in the ground at the locations shown on the approved preliminary plat before the final plat application is submitted to the Planning Official for review. Lots shall be numbered or named in accordance with SDCL § 11-3-3.
(I) Ghost platting. Ghost platting shall be required for all subdivisions within the platting jurisdiction of the city that create one or more lots of one or more acres that may be resubdivided in the future. Those subdivisions utilizing the minor plat procedure that have not previously been subject to ghost platting may be exempted from this requirement by the Board of Commissioners. The ghost plat shall be included as part of the developer’s agreement for the proposed subdivision and shall not be subject to expiration.
(J) Additional administrative rules. The Board of Commissioners may formulate additional written administrative rules that govern the procedure for processing subdivisions. These procedures may outline the responsibility of parties concerned with subdivisions and subdivision processing, and may contain other information necessary to systematize handling and processing.
(K) Fees. Application fees shall be set by resolution by the Board of Commissioners. At no time shall a plat or other subdivision regulations application be brought before the Board of Commissioners without the proper fees being collected.
(Ord. #115, passed 2-16-2017)
Related provisions, see SDCL § 11-6-31