(A) Title. These regulations may be referred to as the “2018 Subdivision Ordinance for the City of Vermillion”.
(B) Purpose.
(1) It is the purpose of this chapter to regulate the subdivision of land in order to coordinate streets with subdivisions and with other subdivisions and uses, to provide adequate open space, to efficiently distribute population and traffic, to provide water and sanitation facilities, to manage storm drainage and flood control, to prevent haphazard and premature land subdivision, to promote the harmonious development of the municipality and the area surrounding the municipality and its environment and to conform with the Comprehensive Plan.
(2) Premature subdivision of land is to be discouraged, due to unavailability of urban services, premature and excessive loss of agricultural land, and inefficient delivery of basic government services.
(3) Where rural subdivisions are allowed within the platting jurisdiction, their design standard and minimum improvements are the same as those required in the “2018 Subdivision Ordinance for the City of Vermillion”, except for the exceptions contained in the following sections of this chapter.
(C) Authority. In accordance with SDCL Chapters 11-3, 11-6 and any other authority provided by law, or as such statutes may be amended, the city does hereby exercise the power and authority to approve or disapprove plats for the subdivision of land within the platting jurisdiction.
(D) Jurisdiction.
(1) These regulations shall apply to all subdivisions of land, as defined herein, located within the platting jurisdiction.
(2) It shall be unlawful for any person having control of any land within the platting jurisdiction to subdivide or lay out such land in lots, unless by plat, in accordance with the laws of the State of South Dakota and the regulations contained herein.
(E) Definitions. The following words and phrases shall be as defined below:
(1) ACCESS EASEMENT (INGRESS-EGRESS EASEMENT, MUTUAL ACCESS EASEMENT). An easement granting the right to abutting property owners to use a designated portion of property for common ingress and/or egress purposes.
(2) ALLEY. A public way designed to be used as a secondary means of access to the side or rear of abutting property whose principal frontage is on some other public way.
(3) ANCILLARY STRUCTURE. Auxiliary or subordinate elements that comprise a storm drainage system and may include ditches, curb inlets, yard inlets, channels, and pipes.
(4) ARTERIAL STREET. A street that has the capacity to carry large volumes of traffic quickly and is designated as such on the major street plan.
(5) BUILDING. Any structure having a roof, supported by columns or walls, for shelter or enclosure of persons or property.
(6) BUILDING LINE. A line between which line and a street no building or structure may be erected. This line is derived based on the current zoning regulations for each district.
(7) CITY. The City of Vermillion, South Dakota.
(8) COLLECTOR STREET. A street that is a primary connector between arterial streets and is designated as such on the major street plan.
(9) COMPREHENSIVE PLAN. Any legally adopted part or element of the Comprehensive Plan of the City of Vermillion.
(10) CONTRACTOR. The person, or entity, who contracts with an individual or developer to construct a building, structure, or ancillary structure on a parcel of land.
(11) CUL-DE-SAC. A local street with only 1 outlet having an appropriate terminal for safe and convenient reversal of traffic movement.
(12) DEDICATION, DEDICATED or DEDICATE. A grant of land to the public for their perpetual use.
(13) DETENTION BASIN. A facility within an urban development designed to hold stormwater runoff for various periods of time.
(14) DEVELOPER. An owner or agent of an owner of property who desires to establish, alter, change or improve the use of property.
(15) DOUBLE FRONTAGE. A lot which abuts a street on 2 opposite sides (not a corner lot).
(16) EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the property.
(17) EASEMENT AREA MAINTENANCE AGREEMENT. Agreement describing the legal responsibilities for the repair and maintenance of the easement area and the required traffic signs or striping.
(18) ENGINEERING DESIGN STANDARDS. Criteria and public right-of-way improvements of the City of Vermillion.
(19) FRONTAGE ROAD. A street, usually parallel and adjacent to an arterial street, which is used for access to abutting property.
(20) INTERIOR LOT LINE. A lot line which is shared with other properties (i.e. one’s abutting neighbors). Street fronts, or other sides opening onto a public way, are not interior property lines.
(21) JOINT JURISDICTIONAL ZONING AREA (JJZA). Zoning area defined by the Joint Jurisdictional Zoning Ordinance.
(22) LATERAL DRAINAGEWAY. Open channels or storm sewers which carry storm runoff from streets, street crossings, culverts and/or storm sewers to major drainageways.
(23) LOCAL STREET. A street intended to provide access to other streets from individual properties and not intended to be used for through traffic.
(24) LOT. A piece, plot or parcel of land, or group of abutting and contiguous parcels of land, established by survey, plat or deed, occupied or to be occupied by a building, or a unit group of buildings and accessory buildings thereto, and having its frontage on a dedicated public street.
(25) MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD). Manual recognized as the national standard for all traffic control devices, and striping, installed on any street, highway, bike way, or private road open to public travel.
(26) MAJOR DRAINAGEWAY. The main corridor for stormwater flow through developments. Major drainageways are identified as intermittent streams on USGS quadrangle maps, or as otherwise approved by the City Engineer.
(27) MAJOR STORM EVENT. A term that describes a 100-year storm.
(28) MAJOR STREET PLAN. The major street plan adopted through the transportation planning process approved by the City Council and incorporated into the Comprehensive Plan.
(29) MINOR STORM EVENT. A term that describes a 5-year storm.
(30) MONUMENT. A boundary marker of concrete, permanently planted and firmly fixed in the ground and placed so that the top of the monument is flush with natural ground. The monument shall be 6 inches in diameter or 6 inches square and 24 inches in depth. A steel rod, 5/8" x 12", shall be placed at the center point on the monument.
(31) PAVEMENT, PAVED. The surface of a street that forms a hard, firm, level surface for travel. It can be comprised of Portland cement, asphalt or a material approved by the City Engineer.
(32) PLAT. A map or representation of land subdivided into lots, parcels, tracts or blocks, including streets/roads, commons and public grounds, if any, all drawn to scale and complete with all irrevocable offers of dedication.
(33) PRELIMINARY PLAT. Drawing or drawings indicating the proposed layout of the lots, blocks and public rights-of-way within a subdivision.
(34) PRIVATE STREET/ROAD. A street or road that has not been dedicated, but rather reserved as public access to property. A private street/road is owned and maintained by the property owners which it serves.
(35) PRIVATE ROAD EASEMENT. An easement granting the right to the public, and the city, to use a designated portion of property for common ingress and/or egress purposes.
(36) REVERSE FRONTAGE LOT. A lot, among a group of double frontage lots, which contains a dwelling unit that is oriented in the opposite direction from the adjacent dwellings so that its front yard abuts the adjacent rear yards and its rear yard abuts the adjacent front yards.
(37) RIGHT-OF-WAY. A strip of land occupied by a street, alley, road, railroad, pedestrian walkway or other special travel use. The use of the term right-of-way for platting purposes shall mean that every right-of-way hereafter established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or area of such lots or parcels.
(38) RURAL. Territory outside of the city limits.
(39) STRUCTURES. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and signs.
(40) SUBDIVISION. The division of any tract or parcel of land into 2 or more lots platted for the purpose of transfer of ownership, or building development, whether future or immediate; or any division of land involving a new street or road regardless of parcel size or the number of parcels.
(41) URBAN. Territory inside the city limits.
(42) UTILITY EASEMENT. An easement granting the right to the city to use a designated portion of property for the installation, maintenance and access related to city utilities.
(Ord. 1251, passed 4-18-2011; Am. Ord. 1278, passed 5-21-2012; Am. Ord. 1369, passed 5-21-2018)