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For the purposes of this chapter, and in order to carry out the provisions and intentions as set forth herein, certain words, terms, and phrases are to be used and interpreted as defined hereafter. Words used in the present tense shall include the future tense; words in the singular number include the plural; words in the plural number include the singular; the word “person” includes a firm, partnership, or corporation as well as an individual; the term “shall” is always mandatory and not discretionary; and the word “may” is permissive. The terms “used” or “occupied” as applied to any land or building shall be construed to include the terms “intended, arranged, or designed to be used or occupied.”
ALLEY. A service roadway providing only a secondary means of access to abutting property and not intended for general traffic circulation.
BOARD OF COMMISSIONERS. The Board of Commissioners of the City of Summerset.
BOUNDARY LINE ADJUSTMENT. A division of land made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division, nor create any lot, tract, parcel, site, or division which contains insufficient area and dimensions to meet minimum requirements for width and area for a building site and may be accomplished in nonconforming situations when the degree of nonconformity is not increased. BOUNDARY LINES ADJUSTMENTS will be submitted as per minor plat application so long as they meet the requirements of § 151.038.
BUILDING PERMIT. Written permission issued by a Building Official for the construction, repair, alteration, or addition to a building.
CITY. The City of Summerset, South Dakota.
CLEARING. Removing vegetative cover.
COMMUNITY WATER SYSTEM. A public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 24 year-round residents.
DEDICATED PUBLIC RIGHT-OF-WAY. A parcel of land that is conveyed to the public by the notation “dedicated public right-of-way” on a recorded plat for use as a public right-of-way.
DENR. The State Department of Environment and Natural Resources.
DEVELOPER’S AGREEMENT. A contractual agreement between the subdivider and the city which binds the subdivider to the requirements of this chapter.
EASEMENT. A grant of one or more property rights by the property owner to and/or for use by the public or another person. An EASEMENT is self-perpetuating and runs with the land unless otherwise stipulated.
FEMA. The Federal Emergency Management Agency.
GHOST PLATTING. A method of master planning for future urban densities in large-lot subdivisions located within the city’s platting jurisdiction. Platting for future urban lot densities is achieved by the preparation of a layout plat to provide for future lots, streets, and other improvements.
GRADING. Excavating, filling, or stockpiling soil.
GRADING PERMIT. Written permission issued by a Building Official for the excavation, grading, or fill of earth or other material. The grading permit is intended to regulate development of agricultural, residential, commercial, and industrial properties; grading of land within or adjacent to FEMA-designated flood hazard areas; and construction of subdivision roads or improvements.
IMPROVEMENT. Changes and additions to land necessary to support the development or use of real property, such as, but not limited to, boulevards, bridges, culverts, curbs and gutters, electrical transmission and service lines, natural gas lines, potable water mains and service lines, sanitary or storm sewers, sidewalks, street grading and surfacing, street lights, survey monuments, telephone lines, and other similar items.
LOT. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.
LOT, DOUBLE-FRONTAGE. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot. A DOUBLE FRONTAGE LOT shall be deemed to have two front yards and two side yards.
LOT LINE. A line of record bounding a lot that divides one lot from another lot or from a public street or any other public space.
LOT LINE, FRONT. The lot line separating a lot from a street right-of-way.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE. Any lot line other than a front or rear lot line.
LOT OF RECORD. A lot or parcel of land whose deed has been recorded in the office of the Register of Deeds of the county prior to the effective date of the ordinance codified herein.
NON-COMMUNITY WATER SYSTEM. A public water system that is not a community water system and regularly serves a transient population of 25 or more people each day.
OFF-SITE IMPROVEMENT. An improvement required to be made off site as a result of an application for development and including, but not limited to, road widening and upgrading, stormwater facilities, and traffic improvements.
PERCENTAGE OF GRADE. The vertical rise or fall of a slope in feet and tenths of a foot for each 100 feet of horizontal distance. The centerline of a street shall be used to determine the grade of the street.
PLANNING COMMISSION. The Planning and Zoning Board of the city.
PLANNING OFFICIAL. The authority charged with the administration and enforcement of this chapter, as designated by the Board of Commissioners.
PLANNING DEPARTMENT. The Planning Official and/or her or his staff, designees, agents, or assigns.
PLAT. A map drawn to scale from an accurate survey for the purpose of recording a subdivision of land.
PLAT, FINAL. A plat of a proposed subdivision prepared by a registered land surveyor that is in a form that is ready to be recorded by the Register of Deeds and includes all items, certifications, and statements as set forth in § 151.053.
PLAT, MINOR. A plat of a proposed subdivision prepared by a registered land surveyor used to: consolidate up to three previously platted lots; resubdivide a previously platted lot into three of fewer lots; or accomplish a boundary line adjustment. This plat shall include all items as set forth in § 151.054.
PLAT, PRELIMINARY. A plat of a proposed subdivision prepared by a registered land surveyor to be used to establish the terms and conditions for development of a proposed subdivision. This plat shall include all items set forth in § 151.037.
PUBLIC RIGHT-OF-WAY. A strip of land defined by right-of-way lines on a plat that is intended to be occupied by a street, recreation trail, utility line, or other similar use and to be used by the public.
PUBLIC RIGHT-OF-WAY EASEMENT. A portion of a parcel of land that is defined by a notation on a plat as a permanent easement for use as a public right-of-way.
PUBLIC UTILITY EASEMENT. A right granted by an owner of property to a public utility or governmental agency to erect and maintain poles, wires, pipes, or conduits on, across, or under the land, for telephone, electric power, gas, water, sewer, or other utility services.
RECORDED ACCESS EASEMENT. A permanent easement or dedication providing legal access to an isolated tract of land.
REGISTERED LAND SURVEYOR. A surveyor registered and in good standing with the state.
RESERVE STRIP. An easement granted to the public for a strip of land to be held in trust until needed for road development or other beneficial public use. The easement may be converted to a public right-of-way easement by resolution of the Board of Commissioners.
RIGHT-OF-WAY LINES. The lines that form the boundaries of a right-of-way.
ROAD DISTRICT. An association of land owners formed under the provisions of SDCL Ch. 31-12A to develop a community or subdivision ROAD DISTRICT with the intent and purpose of maintaining the system of roads within the district such that they have the capacity to handle all of the internal traffic and provide adequate ingress and egress to the members of the entire district. The association shall develop rules and by-laws to govern the operation of the association including the election of officers, collection of fees, and the authorization to develop, repair, and maintain all roads within said system.
SANITARY SEWER. A municipal, community, small, or individual sewage disposal system of a type approved by DENR.
SIDEWALK. A paved area paralleling and usually separated from the traveled way that is used as a pedestrian walkway.
STEEP SLOPE. Land areas where the slope of the ground exceeds 20%.
STREET. A public thoroughfare that affords the principal means of access to abutting property. This term may be used interchangeably with AVENUE, BOULEVARD, DRIVE, HIGHWAY, ROAD, or ROADWAY.
STREET, ARTERIAL. A street of considerable continuity connecting various sections of the city or regions adjacent to or beyond the city, which is designed for high vehicular speed and large volumes of traffic, and may have the secondary function of providing access to abutting property.
STREET, COLLECTOR. A street of sufficient continuity to gather and convey traffic from local streets to arterial streets and having the secondary function of providing access to abutting property.
STREET, CUL-DE-SAC. A minor street with only one outlet and having an appropriate terminus for the safe and convenient reversal of traffic movement.
STREET, LOCAL. A street having the primary function of providing access to abutting properties and the secondary function of moving traffic.
STREET LINE. The boundary line where the street right-of-way line and the property line of the abutting property coincide.
STREETSCAPE. A design term referring to all of the elements that constitute the physical makeup of a street and that, as a group, define its character, including building frontage, street furniture, street paving, landscaping (including trees and other plantings), awning and marquees, sidewalks, signs, and lighting.
STRUCTURE. A combination of materials that form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water. Fences, walls used as fences, poles, lines, cables, mains, or other transmission or distribution facilities of public utilities are not considered to be STRUCTURES under this definition.
SUBDIVIDER. The person(s) having an interest in land and in the process of creating a subdivision of said land.
SUBDIVIDER’S ENGINEER. The professional engineer registered and in good standing with the state who is the agent of the subdivider proposing to design and construct any new subdivision.
SUBDIVISION. The division of any tract or parcel of land into two or more lots, sites, or other division for the purpose, whether immediate or future, of sale or building development. This term includes resubdivision.
SUPPLEMENTAL MATERIALS. The plans, reports, narratives, designs, requirements, agreements, covenants, and other materials necessary for the development of a subdivision. These include, but are not limited to, those items listed in § 151.037.
SURETY. A fidelity or cash bond, provided by the subdivider to the city in lieu of immediate construction of required improvements, in an amount equal to the estimated cost of the improvements, as certified by the subdivider’s engineer, plus 15%. The Planning Commission or the Board of Commissioners may request a review of the cost estimate by the City Engineer.
TANGENT. A straight line, departing from a curve, which is perpendicular to the radius of that curve.
USGS DATUM. A United States Geological Survey Geodetic Survey Datum.
USPLSS. The United States Public Land Survey System.
VARIANCE. A specific exception, granted by the Board of Commissioners, to the terms of this chapter where such deviation will not be contrary to the public interest and will be granted due to circumstances peculiar to a property.
VERTICAL CURVE. The vertical surface curvature of a street centerline located between lines of different percentages of grade.
ZONING ORDINANCE. The ordinance adopted by the city to implement the Comprehensive Plan by regulating the location and use of buildings and uses of land.
(Ord. #115, passed 2-16-2017)
Statutory reference:
Related provisions, see SDCL § 11-3-12
(A) The Board of Commissioners may waive or modify the standards and requirements of these regulations if, in their judgment, an unusual or experimental subdivision might prove of considerable merit toward:
(1) The use of unusual materials in constructing required improvements; and
(2) A new or untried design concept in the city area which appears promising.
(B) The Board of Commissioners shall require the subdivider to provide a written proposal with the layout plan that states the nature of the experiment and justifies the reasons why the requirements of this chapter cannot be applied.
(C) In granting waivers, modifications, and approvals for experimental subdivisions, the Board of Commissioners may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements so waived, modified, or approved. These conditions may include, without being limited to personal, surety, performance, or maintenance bonds and affidavits, covenants, or other legal instruments.
(D) In addition, if the lands covered lie within a flood hazard area as designated by the Federal Emergency Management Agency, they must comply with the requirements of Chapter 150.
(Ord. #115, passed 2-16-2017)
Where the Board of Commissioners finds that extraordinary hardships due to unusual topographical or other conditions beyond the control of the subdivider may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that the variance will not have the effect of nullifying the intent or purpose of this chapter, Chapter 155, major street plan, or other elements of the Comprehensive Plan.
(Ord. #115, passed 2-16-2017)
REQUIREMENTS FOR THE SUBDIVISION OF LAND
(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)
Statutory reference:
Related provisions, see SDCL § 11-6-31
The design requirements set forth below shall be considered as minimum standards and may be exceeded by the subdivider.
(A) Preservation of existing features. Existing features that would enhance the development of the area as a whole, such as trees, historic sites, or striking physical features, shall be preserved in the design of the subdivision.
(B) Grading permit required. No trees shall be removed from any subdivision nor any change of grade of land be made until an approved grading permit has been issued by a Building Official. Engineering reports may be required from the developer before issuance of the grading permit.
(C) Lot access. Each lot within the subdivision shall be provided with access to a street.
(D) Easements. Easements for utilities and minor drainage ways shall be provided on every lot within the subdivision.
(E) Development of areas subject to flooding. Low areas within the subdivision subject to periodic flooding shall not be developed except for such uses that are compatible with such an area. FEMA Floodway Maps and Flood Insurance Rate Maps may provide a guide to determining areas with flooding potential.
(F) Avoidance of improvements prohibited. Land shall not be subdivided in a manner which omits part of the original tract to avoid otherwise necessary improvements, such as (but not limited to) stormwater management facilities or streets.
(G) Street or subdivision names. Street or subdivision names shall not duplicate by spelling or sound or otherwise be confused with the names of existing streets or subdivisions. Such names are subject to approval of the Planning Official after consultation with the appropriate Emergency Services Communication (911) Official and Register of Deeds.
(H) Block lengths. Block lengths shall not exceed 800 feet and shall normally be wide enough to allow two tiers of lots of appropriate depth.
(I) Commercial and industrial lots. Lots in commercial and industrial zoning districts shall be designed to have sufficient depth and width to provide off-street loading, unloading, and parking for the proposed use.
(J) Lot configuration and buffering. Double-frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from arterial streets, to overcome specific disadvantages of topography, or to provide mitigation from the effects of adjoining commercial or industrial zoning districts. The Board of Commissioners may require that a planting screen or an earth berm be constructed by the subdivider along the line of lots abutting an arterial street, topographic feature, or adjoining commercial or industrial zoning district.
(K) Side lot lines. Side lot lines shall be designed at right angles to streets except on curves, where they shall be radial.
(L) Exterior street connections. Subdivisions shall be provided with street connections to at least two exterior public streets unless otherwise first approved by the Board of Commissioners.
(M) Improvement of abutting streets. If the land to be subdivided abuts an existing street that is surfaced but not paved, the subdivider shall improve the street in compliance with the city’s specifications.
(N) Mail delivery. Installation of gang mailboxes and a vehicle turnout will be required if so requested by the Postmaster.
(O) Alleys. Alleys shall be required in commercial and industrial zoning districts unless other provisions are first approved by the Board of Commissioners for service access for loading, unloading, and parking.
(Ord. #115, passed 2-16-2017)
PLAT APPLICATION AND REVIEW PROCEDURE
(A) The procedure for submittal and review of a subdivision plat shall consist of the following steps in sequence:
(1) Layout plan (optional);
(2) Preliminary plat;
(3) Installation of required improvements; and
(4) Final plat; or, alternatively, a minor plat when the subdivision plat meets the purpose of § 151.038.
(B) The subdivider is encouraged to meet with the Planning Official at any time during the platting process to discuss the conformity of the proposed subdivision with the city’s goals and objectives, the application and review procedures, and/or specific platting requirements.
(Ord. #115, passed 2-16-2017)
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