Q-12 SUBDIVISION OF LAND

Q-12-100 GENERAL PROVISIONS

Q-12-101 TITLE

This document shall be referred to as the Subdivision Regulations of the City of Fort Pierre.

Q-12-102 PURPOSE

It is the purpose of these regulations to govern the subdivision of land to guide growth of the community; to provide for coordination of streets in other subdivisions and transportation plans; to set aside adequate areas for public uses, water and sewer facilities, drainage and flood control; to foster efficient and orderly growth compatible with the natural environment; to protect and provide for the public health, safety, and general welfare; and to conform with other plans and regulations.

Q-12-103 JURISDICTION

These subdivision regulations shall apply to all subdivisions of land located within the City and within the unincorporated area identified by the Comprehensive Land Use Plan in accordance with platting jurisdiction statute of SDCL 11-6-26.

Q-12-104 CONFORMITY

In addition to the requirements established herein, all subdivision plans and plats shall comply with the following plans, laws, rules and regulations:

A. All applicable statutory provisions,

B. The Comprehensive Land Use Plan, and the policies set forth therein,

C. The Official Zoning Map, as amended or revised,

D. The Zoning Ordinance, Building and Housing codes and all other applicable laws of the appropriate jurisdiction,

E. The special requirements of these regulations and any rules of appropriate State agencies,

F. The rules of the State Highway Department if the subdivision or any lot contained therein abuts a State Highway or connecting street, and

G. Fort Pierre Standard Specifications for Construction 2002 Edition as amended,

H. Floodplain Insurance Rate Map in accordance with FEMA,

I. Other plans and regulations, such as, but not limited to, any nuisance ordinance.

Q-12-105 INTERPRETATION

Q-12-106 AMENDMENTS

The City Council may from time to time amend the provisions imposed by these regulations. Public hearings on all proposed amendments shall be held by the Planning and Zoning Commission or the City Council in the manner prescribed by law.

Q-12-200 SUBDIVISION PLANS IN GENERAL

Q-12-201 ADMINISTRATION

Subdivision regulation shall be the responsibility of the City Council acting upon the recommendation of the City Planning and Zoning Commission with the assistance of the Director of Public Works and the Finance Officer or their designees. The City Council is hereby authorized to enforce these regulations, to interpret them, and to promulgate and enforce such rules and regulations as it shall deem necessary in the administration of this chapter and in regulation of subdivision activities for the good of the community as a whole. Any appropriate actions may be taken in law or equity to prevent any violation thereof, to prevent unlawful construction, to recover damages, to correct or abate a violation, or to prevent illegal occupancy of a building, structure, or premises.

Q-12-202 RECORDING, USE AND SELLING

A. No person shall transfer, sell, or negotiate to sell any parcel as part of a subdivision plan before a plat of such subdivision has been approved by the City and recorded as hereinafter provided.

B. No person shall subdivide or layout such land in lots, unless done so by plat, in accordance with state law and the regulations contained in this chapter. Subdivision of any parcel by metes and bounds description for the purpose of sale, transfer, or lease with the intent of evading the terms of these regulations is prohibited.

C. No plat shall be filed in the Finance Office and no lots therein sold unless and until approved as herein provided. The Register of Deeds shall not record any document of any sale or transfer of such property. Any such unapproved plat recorded is invalid and the City Council may institute proceedings to have the plat stricken from the records.

D. No zoning permit or building permit shall be issued for the construction of any building or structure located on a lot subdivided or sold in violation of the provisions of these regulations. The authority to deny such a permit shall apply whether the applicant was the owner of record at the time of such violation or is the current owner of record or a vendee of the current owner pursuant to a contract of sale with, or without, actual or constructive knowledge of the violations at the time of acquisition of interest in said real property.

E. This section shall not be construed to require all subdivision criteria to be met prior to transfer of the entire projected subdivision to another person.

Q-12-203 PENALTIES

Any person violating the provisions of these regulations shall be subject to the maximum penalty allowed by law. Each day the violation continues shall constitute a separate offense. Refer to penalties set forth in Chapter S.

Q-12-204 CLASSIFICATION OF SUBDIVISIONS

Classification of the subdivision shall be the responsibility of and within the discretion of the Planning and Zoning Commission with the recommendation of the Director of Public Works or his designee, and shall be based upon the impact of the proposed subdivision on city infrastructure.

A. A Minor Subdivision is defined as any subdivision creating more than one and not more than four (4) lots fronting on an existing street; not involving any new street or road, the extension of municipal facilities, or the creation of any public improvements; not adversely affecting the remainder of the parcel or adjoining property; and not in conflict with any provisions or portion of the Comprehensive Land Use Plan, Official Map, Zoning Ordinance, or these regulations.

B. A Major Subdivision is defined as a subdivision not classified as a minor subdivision, including but not limited to subdivisions of five (5) or more lots, or any size subdivision requiring any new street or extension of the public facilities, or the creation of any public improvements.

Q-12-205 DEVELOPMENT PROCESS

Proposed subdivision plats must be approved through either a two- or three-phase development process depending on classification. Subdivisions classified as minor subdivisions require a sketch plat and a final subdivision plat. Subdivisions classified as major subdivisions require a sketch plat, a preliminary plat, and a final subdivision plat.

Q-12-206 CHARACTER OF THE LAND

Land found to be unsuitable for subdivision or development due to flooding, subsurface soil saturation, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements or other features which could be reasonably be harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision or its surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning and Zoning Commission to solve the problem created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve such a danger.

Q-12-207 OFFICIAL SUBMISSION DATE

For the purpose of these regulations, for both major and minor subdivisions, the date that the meeting of the Planning and Zoning Commission for the public hearing on approval of the subdivision plat is closed shall constitute the official submittal date of the plan with which the statutory period required for formal approval or disapproval of the plat shall commence to run.

Q-12-208 PLAN AND PLAT PREPARATION

All plans and plats referred to in this chapter shall be prepared by a registered professional engineer, or other professional consultant or advisor, in conformity with requirements of state law.

Q-12-209 REPLATS

If the land proposed for platting is a resubdivision, it shall require a preliminary plan and a plat of the resubdivision, requiring the same review and approval procedures as the preliminary plan and the plat, unless the resubdivision meets the requirements set forth in Section Q-12-701. The Planning and Zoning Commission may waive the requirements for a preliminary plan if those requirements are met. Replats are subject to the requirements set forth in Section Q-12-204.

Q-12-210 FILING FEE

The developer shall pay to the Finance Office a filing fee as established by resolution of the City Council.

Q-12-211 PLACEMENT OF CITY IN HARDSHIP

The developer or developers shall not place the City in any hardship or in debt due to the requirements of this Chapter for the City to stand the costs of certain improvements. The City Council shall limit the extent of City involvement in the proposed subdivision(s) to the funds available and designated for such projects.

Q-12-212 CERTIFICATES FOR PRELIMINARY PLANS, PLATS, AND REPLATS

Certificates shall be attached to the preliminary plat, plat, or replat in a form in compliance with state law and acceptable to the City, which at minimum shall provide for City Council and Planning and Zoning Commission approval, a Registered Land Surveyor’s certification, owner’s certification, and county office certification and ownership information.

Q-12-300 SKETCH PLAT

Q-12-301 DISCUSSION OF REQUIREMENTS

Before preparing the sketch plat for a subdivision, the applicant may discuss with the Director of Public Works or his designee, the procedure for adoption of a subdivision plat and the requirements as to general layout of streets and for reservations of land, street improvements, drainage, sewerage, fire protection, and similar matters, as well as the availability of existing services. The Director of Public Works or his designee shall also advise the applicant, where appropriate, to discuss the proposed subdivision with those officials who must eventually approve these aspects of the subdivision plat coming within their jurisdiction.

Q-12-302 APPLICATION AND SUBMISSION

Prior to subdividing land, an owner of the land or his representative shall file an application for approval of a sketch plat. The application shall:

A. Be made on forms available in the City Office,

B. Include an address and telephone number of an agent located within the territory of the City who shall be authorized to receive all notices required by this chapter,

C. Be accompanied by a minimum of seven (7) copies of the sketch plat as described in these regulations and complying in all respects with these regulations, and

D. Be presented to the Planning and Zoning Commission in duplicate.

Q-12-303 SKETCH PLAT

Sketch plats submitted to the Planning and Zoning Commission may be prepared in pen or pencil and shall be drawn to a convenient scale of not more than one hundred (100) feet to an inch and shall show the following information:

A. Name of subdivision if property is within an existing subdivision or proposed name if not within a previously platted subdivision. The name shall not duplicate the name of any plat previously recorded.

B. Ownership including name, address, and telephone number of legal owner and agent, if any, of the property, and citation of last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference.

C. Citation of any existing legal rights-of-way or easements affecting the property.

D. Existing covenants on the property if any.

E. Name and address, including telephone number, of the professional person(s) responsible for subdivision design, for the design of public improvements and for surveys.

F. Physical description of the location of the property by government lot, section, township, range and county, graphic scale, north arrow, and date.

G. Features included in sketch plat include:

1. Location of property lines, existing easements, burial grounds, section lines, railroad rights-of-way, watercourses, and existing wooded areas of trees eight (8) inches or more in diameter, measured twelve (12) inches above ground level; location, width, and names of all existing or platted streets or other public ways within or immediately adjacent to the tract; location of floodways or flood hazard areas; names of adjoining property owners from the latest assessment rolls within five hundred (500) feet of any perimeter boundary of the subdivision.

2. Location and sizes of sewers, water mains, culverts, and other underground structures within the tract and immediately adjacent thereto; existing permanent building and utility poles on or immediately adjacent to the site and public and private utility rights-of-way.

3. Approximate topography, at the same horizontal scale as the sketch plat.

4. The approximate location and widths of proposed streets.

5. Preliminary proposals for connection with existing water supply and sanitary sewage systems, or alternative means of providing water supply and sanitary waste treatment and disposal; preliminary provisions for collecting and discharging surface water drainage.

6. The approximate location, dimensions, and areas of all proposed and existing lots.

7. The location of temporary stakes to enable the Planning and Zoning Commission to find and appraise features of the sketch plat in the field.

8. The approximate location, dimensions, and area of all parcels of land proposed to be set aside for park or playground use or other public use, or for the common use of property owners in the proposed subdivision.

9. Contour intervals of ten (10) feet or less.

10. Certifications (owner, Treasurer, Equalization, etc.).

H. Whenever the sketch plat covers only a part of an applicant’s contiguous holdings, the applicant shall submit, at the scale of no more than two hundred (200) feet to the inch, a sketch in pen or pencil of the proposed subdivision area, together with its proposed street system, and an indication of the probable future street and drainage system of the remaining portion of the tract.

Q-12-304 APPROVAL

After reviewing and discussing the sketch plat and other reports as submitted by invited agencies and officials, the Director of Public Works or his designee will advise the applicant of the specific changes or additions, if any, he will require in the layout, and the character and extent of required improvements and reservations which are required as a prerequisite to the submission of the subdivision plat. Approval by the Director of Public Works shall constitute authorization to prepare and submit a preliminary plat in the case of a major subdivision and a final subdivision plat in the case of a minor subdivision. The Director of Public Works or his designee shall make such approval or disapproval within thirty (30) days after receiving the sketch plat. Refusal of the Director of Public Works to submit a sketch plat to the Planning and Zoning Commission may be appealed to the City Council.

Q-12-305 PRESERVATION OF NATURAL FEATURES AND AMENITIES

Existing features, which would add value to residential development or to the City as a whole, or similar irreplaceable assets, shall be preserved in the design of the subdivision.

Q-12-400 PRELIMINARY PLAT

Q-12-401 APPLICATION AND SUBMISSION

Based upon the approval of the sketch plat, the applicant should file, in duplicate, an application for approval of a preliminary plat. The application shall:

A. Be made on forms available in the City Office,

B. Include a fee of ten dollars ($10.00) per lot, as set forth in Chapter S,

C. Include all land which the applicant proposes to subdivide and all land immediately adjacent extending one hundred (100) feet therefrom or of that directly opposite thereto, extending one hundred (100) feet from the street frontage of such opposite land, with the names of the owners as shown in the Assessor’s files,

D. Be accompanied by a minimum of ten (10) copies of the preliminary plat as described in these regulations,

E. Be accompanied by a minimum of three (3) copies of construction plans as described in these regulations, and

F. Comply in all respects with the sketch plat as approved.

The Planning and Zoning Commission may require that the application be presented to it at least four (4) weeks prior to the meeting of the Commission.

Q-12-402 PRELIMINARY PLAT

The preliminary plat shall be prepared by a licensed land surveyor at a convenient scale not more than one hundred (100) feet per one (1) inch, shall be prepared in pen, the sheets shall be numbered in sequence if more than one (1) sheet is used, and shall be of such size as is acceptable for filing in the office of the Register of Deeds, but shall not be larger than thirty-four (34 x 34) inches.

A map prepared for the preliminary plat may also be used for the final subdivision plat and therefore may be drawn on tracing cloth or reproducible Mylar.

A preliminary plat shall include:

A. The location of property with respect to surrounding property and streets, the names of all adjoining property owners of record, or the names of adjoining developments; the names of adjoining streets.

B. The location and dimensions of all boundary lines of the property to be expressed in feet and decimals of a foot.

C. The location of existing streets, easements, encroachments, water bodies, streams, floodways or flood hazard areas, and other pertinent features such as swamps, railroads, building, parks, cemeteries, drainage ditches, or bridges, as may be requested by the Planning and Zoning Commission.

D. The location and width of all existing and proposed streets and easements, alleys and other public ways, and easement and proposed street rights-of-ways and building set back lines.

E. The locations, dimensions and areas of all proposed or existing lots.

F. The location and dimensions of all property proposed to be set aside for park or playground use, or other public or private reservation, with designation of the purpose thereof, and conditions, if any, of the dedication or reservation.

G. The name and address of the owner or owners of the land to be subdivided, the name and address of the subdivider, if other than owner, and the name of the land surveyor.

H. The date of the map, approximate true north point, scale, and title of the subdivision.

I. Sufficient data acceptable to the Director of Public Works or his designee to determine readily the location, bearing, and length of all lines, and to reproduce such lines upon the ground; the location of all proposed monuments.

J. Names of the subdivision and all new streets subject to approval by the City Council.

K. Indication of the use of any lot (single-family, two-family, multi-family, townhouse) and all uses other than residential proposed by the subdivider.

L. All lots in each block consecutively numbered. Outlots shall be lettered in alphabetical order. If blocks are numbered or lettered, outlots shall be lettered in alphabetical order within each block.

M. All information required on sketch plat should also be shown on the preliminary plat, and the following notation shall also be shown:

1. Explanation of drainage easements, if any.

2. Explanation of site easements, if any.

3. Explanation of reservations, if any.

4. Endorsement of owner, as follows:

_________________________ ___________

Owner Date

N. Form for endorsement by Commission Chairman as follows:

Approved by Resolution of the __________ Planning and Zoning Commission.

_________________________ __________

Chairman Date

The lack of information under any item specified herein, or improper information supplied by the applicant, shall be cause of disapproval of a preliminary plat.

Q-12-403 CONSTRUCTION PLANS

Construction plans shall be prepared for all required improvements. Plans shall be drawn at a scale of no more than one (1) inch equals fifty (50) feet, and map sheets shall be of the same size as the preliminary plat. The following shall be shown:

A. Profiles showing existing and proposed elevations along centerlines of all roads. Where a proposed road intersects an existing road or roads within one hundred (100) feet of the intersection shall be shown. Approximate radii of all curves. Lengths of tangents and central angles on all streets.

B. The Planning and Zoning Commission may require, where steep slopes exist, the cross-sections of all proposed streets at one-hundred-foot stations shall be shown at five (5) points as follows: On a line at right angles to the center line of the street, each property line, and points twenty-five (25) feet inside each property line.

C. Plans and profiles showing the locations and typical cross section, conforming to Fort Pierre Standard Specifications for Construction 2002 Edition as amended, of street pavements including curbs and gutters, sidewalks, drainage easements, servitude, rights-of-way, manholes, and catch basins; the locations of street trees, street lighting standards, and street signs; the location, size, and invert elevations of existing and proposed utility system, and exact location and size of all water, gas or other underground utilities or structures.

D. Location, size, elevation and other appropriate description of any existing facilities or utilities, including, but not limited to existing streets, sewers, drains, water mains, easements, water bodies, streams, and other pertinent features such as swamps, railroads, buildings, features noted on the Official Map or Comprehensive Land Use Plan, at the point of connection to proposed facilities and utilities within the subdivision. The water elevations of adjoining lakes or streams at the date of the survey, and the approximate high and low water elevations of such lakes or streams. All elevations shall be referred to the current United States Geodetic Survey datum plane. If the subdivision borders a lake, river, or stream, the distances and bearings of a meander line established not less than twenty (20) feet back from the ordinary high-water mark of such waterways.

E. Topography at the same scale as the sketch plat with a contour interval of two (2) feet, referred to sea-level datum. All data provided shall be latest applicable U.S. Coast and Geodetic Survey datum and should be so noted on plat.

F. All specifications and references required by the Fort Pierre Standard Specifications for Construction 2002 Edition as amended, including a site-grading plan for the entire subdivision.

G. Notation of approval as follows:

_________________________ ______________

Owner Date

_________________________ _______________

Planning and Zoning Date

Commission Chairman

H. Title, name, address, and signature of professional engineer and surveyor, and date, including revision dates.

Q-12-404 PRELIMINARY APPROVAL

A. After the Planning and Zoning Commission has reviewed the preliminary plat and construction plans, any municipal recommendations and testimony and exhibits submitted at the public hearing, the applicant shall be advised of any required changes or additions. The Commission shall approve, conditionally approve, or disapprove the preliminary plat within thirty (30) days after the review of the application.

B. One (1) copy of the proposed preliminary plat shall be returned to the developer with the date of approval, conditional approval, or disapproval and the reasons therefore accompanying the plat.

C. Before the Commission approves a preliminary plat showing park reservation or land for other city use proposed to be dedicated to the City, the Commission shall obtain approval of the park or land reservation from the City Council.

D. Approval of the preliminary plan shall indicate approval of the development concept only, and it does not constitute an acceptance or approval of the subdivision plan; therefore, no zoning permits or building permits shall be issued based on the approval of the preliminary plan.

Q-12-405 EFFECTIVE PERIOD OF PRELIMINARY PLAN APPROVAL

The approval of a preliminary plan shall be effective for a period of one year, at the end of which time final approval of the subdivision plat or a portion thereof must have been obtained from the Planning and Zoning Commission, although the plat need not yet be signed and filed with the County Register of Deeds. Any plan which has not received approval of all or a portion of the plan in that time shall be null and void and the developer shall be required to resubmit a preliminary plat for approval subject to any new zoning restrictions and subdivision regulations.

Q-12-406 REVISIONS TO PRELIMINARY PLAN

Minor amendments requested by or approved by the owner to an approved preliminary plan may be made at the discretion of the Director of Public Works or his designee.

Q-12-407 ZONING REGULATIONS

Every plat shall conform to existing zoning regulations and subdivision regulations applicable at the time of proposed final approval, except that any plat which has received preliminary approval shall be exempt from any subsequent amendments to the Zoning Ordinance rendering the plat nonconforming as to bulk or use, provided that final approval is obtained within the one-year period.

Q-12-408 GRADING OF SITE PRIOR TO FINAL APPROVAL

  1. Subsequent to approval of a preliminary plat, the developer or landowner must apply for a grading and excavation permit from the Public Works Director or such other agency or person as the City Council shall direct and, upon receipt of such permit, may commence construction to the grades and elevations required by the approved preliminary plat .No excavation, grading, or fill may be done without first obtaining a grading and excavation permit from the Public Works Director or his designee.
  2. Whenever the Public Works Director determines that any existing excavation or embankment or fill on private property has become a hazard to life or endangers the property of others, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Public Works Director or his designee shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this title.
  3. The application for a grading and excavation permit shall state the estimated quantities of work involved. If there are multiple sites, a separate permit shall be obtained for each site. Such permit is subject to a permit fee as set by resolution per the City Council.
  4. Grading or excavation in excess of 1000 cubic yards shall be performed in accordance with an approved grading plan prepared by a civil engineer. For grading or excavation involving less than 1000 cubic yards, an approved grading plan prepared by a civil engineer may be required when the Public Works Director or his designee determine unique hazards or special conditions exist.
  5. Application for a grading and excavation permit must be accompanied by two sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by an individual licensed by the State to prepare such plans or specifications when required by the Public Works Director. Specifications shall contain information covering construction and materials requirements.

Source:  Ord 989

Q-12-409 INFORMAL REVIEW AND DETERMINATION OF NEED FOR PROFESSIONAL ASSISTANCE

The Director of Public Works or his designee may informally review the Preliminary Plan with the Planning Commission and the developer, without notice and hearing, and if as a result of such informal review and if requested by the Planning Commission, the Director of Public Works or his designee may direct the developer to retain, at developer’s expense, the assistance of a registered engineer, architect, landscape architect or other professional consultant or advisor, to consult with and advise the Planning Commission on any or all aspects of the Preliminary Plan. The review process of the Preliminary Plan may be continued during the period of any such consultation. If the developer fails to promptly retain and provide such professional assistance upon request, the Preliminary Plan shall be deemed to have been withdrawn by the developer. The procedures in this section may be further requested and invoked, for good cause, by the Director of Public Works or his designee, the Planning Commission or the City Council at any stage of approval of Preliminary Plans or Final Plans.

Q-12-500 FINAL PLANS AND THE PLAT

Q-12-501 APPLICATION AND SUBMISSION

Following the approval of the Preliminary Plat in the case of a major subdivision or a Sketch Plat in the case of a minor subdivision, the developer, if he wishes to proceed with the subdivision, shall file with the Planning and Zoning Commission an application for approval of the final subdivision plat. Final drainage and grading plans shall be submitted to the Planning and Zoning Commission for review and approval. Any or all of these plans may be deleted at the discretion of the Planning and Zoning Commission.

The application shall:

A. Be made on forms prescribed by the Planning and Zoning Commission.

B. Include the entire subdivision, or section thereof which derives access from an existing state, county, or city highway.

C. Comply in all respects with the sketch plat or preliminary plat, as approved, whichever is applicable depending on the classification of subdivision.

D. Be presented to the Director of Public Works or his designee and the Planning and Zoning Commission in order that a public hearing may be scheduled and the required legal notice given. The Commission may require the application to be presented up to four (4) weeks prior to the public hearing. The date that the regular public hearing regarding final approval, including any adjourned date thereof, is closed shall constitute the official submittal date of the plat for the purposes of these regulations.

E. Be accompanied by a performance bond or other surety if required, in a form satisfactory to the City Attorney and in an amount established by the City Council. The performance bond or other surety shall include a provision that the principal of the performance bond or other surety shall comply with all the terms of the final subdivision plat approval by the City Council. The principal shall include, but not be limited to, the performance of all required subdivision and off-site improvements, and the irrevocable offer of dedication of all improvements and land to the City free and clear of all liens and encumbrances on the premises.

F. Be accompanied by

1. An inspection and filing fee of ten dollars ($10) per lot, as set forth in Chapter S,

2. Written assurance from the public utility companies and improvement districts that necessary utilities will be installed,

3. Proof that the applicant has submitted petitions in writing for the creation or extension of any improvement districts as required by the Planning and Zoning Commission upon preliminary plat approval.

4. At least ten (10) copies of the final subdivision plat and three (3) sets of construction plans,

5. Number 10 envelopes addressed to each owner of property immediately adjacent extending one hundred (100) feet therefrom, or of that directly opposite thereto, extending one hundred (100) feet from the street frontage of such opposite property owners as are correct within the knowledge of the applicant as shown on the latest tax assessment roll and bearing sufficient postage to be mailed certified mail return receipt requested, and

6. A formal irrevocable offer of dedication to the public of all streets, city uses, utilities, parks and easements, in a form approved by the City Attorney; and the subdivision plat shall be marked with a notation indicating the formal offer of dedication as follows:

The owner hereby irrevocably offers for dedication to the City, all the streets, city uses, easements, parks and required utility easements shown in the within subdivision plat and construction plans, in accordance with irrevocable offers of dedication dated______________________, and recorded in the County Register of Deeds Office.

(By)______________________________________________

Owner or Representative/Agent

(Date)____________________________________________

Q-12-502 THE PLAT

The final subdivision plat shall be presented in india ink on tracing cloth or reproducible Mylar at the same scale and contain the same information, except for any changes or additions required by the Planning and Zoning Commission, as shown on the preliminary plat. The preliminary plat may be used as the final subdivision plat if it meets these requirements and is revised in accordance with the Planning and Zoning Commission’s requirements. All revision dates must be shown as well as the following:

A. Notation of any self-imposed restrictions, and locations of any building lines proposed to be established in this manner.

B. Lots numbered as approved by the Planning and Zoning Commission.

C. All monuments erected, corners, and other points established in the field in their proper places. The material of which the monuments, corners, or other points are made shall be noted at the representation thereof or be legend, except that lot corners need not be shown. The legend for metal monuments shall indicate the kind of metal, and the diameter of the monument.

Q-12-503 NOTICE OF PUBLIC HEARING

Upon receipt of the formal application and all accompanying material, the Planning and Zoning Commission shall call a public hearing to be commenced not more than four (4) weeks after the date of the application. The Director of Public Works or his designee shall submit a notice for publication in one (1) newspaper of general circulation, to be published at least ten (10) days prior to the commencement of the public hearing, and mail notices to all property owners at least ten (10) days prior to the commencement of the public hearing. The Director of Public Works or his designee shall maintain file copies of the plat and construction plans for public review prior to the hearing. One (1) sign shall be placed on the property in a visible location from the closest public road and flagged lath placed in each of the corners of the proposed subdivision property at least ten (10) days prior to the public hearing.

Source: Ord. 847

Q-12-504 PUBLIC HEARING AND DETERMINATION

At the public hearing, the Planning and Zoning Commission will give an opportunity to any interested persons to examine or comment upon the plat and construction plans. After the public hearing and within thirty (30) days after final closing of the public hearing, the Planning and Zoning Commission shall by resolution make a formal recommendation to the City Council to approve, modify and approve, or disapprove, the subdivision application. The resolution shall set forth in detail any conditions which the Commission recommends as conditions for approval or reasons for recommended disapproval. The resolution shall then be given to the City Council for final approval of the plat. One copy of the final subdivision plat shall be returned to the subdivider with the date of the recommendation, recommended approval, conditional approval or disapproval noted thereon, and the reasons therefore accompanying the plat.

Q-12-505 SUBMISSION AND REVIEW

Subsequent to the resolution of the Planning and Zoning Commission, three (3) paper copies of the construction plans, one (1) copy of the original of the subdivision plat on tracing cloth or reproducible Mylar, and ten (10) copies of the subdivision plat on paper shall be submitted to the City Council for final review. No final approval shall be endorsed on the plat until a review has indicated that all requirements of the resolution have been met.

Q-12-506 VESTED RIGHTS

No vested rights shall accrue to any plat by reason of preliminary or final approval by the Planning and Zoning Commission until the approval of the plat by the City Council and signing of the plat by the Mayor. All requirements, conditions or regulations adopted by the City Council applicable to the subdivision or on all subdivisions generally, shall be deemed a condition for any subdivision to meet prior to the time of the signing of the final plat.

Q-12-507 SIGNING OF SUBDIVISION PLAT

After final approval by the City Council, the Mayor shall sign the subdivision plat. When a bond or other surety is required, the Mayor and the Finance Officer or his designee shall endorse approval on the plat after the bond or other surety has been approved by the City Council and all the conditions of the resolution pertaining to the plat have been satisfied.

When installation of improvements is required as a condition of approval, the Mayor and Finance Officer or his designee shall endorse approval on the plat after all conditions of the resolution have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the City as shown by a certificate signed by the Director of Public Works or his designee that the necessary dedication of public lands and improvements has been accomplished.

Q-12-508 DEVELOPMENT AGREEMENT

A development agreement shall specify the works to be completed, the date of completion which may be in phases, and shall allow the City in its sole discretion to determine whether the bond or surety shall be used to complete the development agreement.

Q-12-509 RECORDING OF PLAT

It shall be the responsibility of the Finance Officer or his designee to file the plat with the County Register of Deeds’ office within thirty (30) days of the date of all signatures are obtained. Simultaneously, the Finance Officer or his designee shall record the agreement of dedication, together with such legal documents as shall be required to be recorded by the City Attorney. The subdivider shall provide a check payable to the Register of Deeds in the amount of the current filing fee.

Q-12-510 FINANCIAL ASSURANCE FOR NEW IMPROVEMENTS

The City Council in its discretion may waive the requirements that the applicant complete and dedicate all public improvements prior to the signing of the subdivision plat, and in the alternative post a performance bond or other financial assurance satisfactory to the City Council at the time of application for final approval in an amount estimated by the Council as sufficient to secure to the City of Fort Pierre the satisfactory construction, installation, and dedication of the uncompleted improvements. The financial assurance shall also secure all lot improvements on the individual lots of the subdivision as required in these regulations. The financial assurance shall accompany a development agreement.

A. Such financial assurance shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth in these regulations.

B. The period for such financial assurance and completion of the development plan shall be specified by the City Council.

C. Such financial assurance shall be approved by the City Council as to amount, surety, and conditions. The applicant’s engineer shall provide a list of estimated quantities and costs for each improvement to assist in establishing the amount of financial assurance.

D. The Planning and Zoning Commission may, upon proof of difficulty, recommend to the City Council extension of the completion date set forth in such financial assurance for a maximum period of one (1) year.

E. The City Council may at any time during the period of such financial assurance accept a substitution of principal or sureties on the financial assurance.

Q-12-511 SECTIONALIZING MAJOR SUBDIVISION PLATS

Prior to granting final approval of a major subdivision plat, the City Council may permit or require the plat to be divided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the subdivision.

A. The Council may require that the performance bond or other surety be in such amount as is commensurate with the section or sections of the plat to be filed and may defer the remaining required performance bond or other surety principal amount until the remaining section(s) of the plat are offered for filing.

B. In the event of approval of sectionalizing, the entire approved subdivision plat, including all sections, shall be filed by the Finance Office within ninety (90) days after date of final approval, and such sections as have been authorized by the City Council shall be filed with the Register of Deeds. Such sections must contain at least ten percent (10%) of the total number of lots contained in the entire approved subdivision plat. The approval of all remaining sections not filed with the Register of Deeds shall automatically expire unless such sections have been approved for filing by the City Council, all fees paid, all instruments and offers of dedication submitted, and performance bond or other surety approved and actually filed with the Register of Deeds within three (3) years of the date of final approval of the subdivision plat.

Q-12-600 DRAINAGE AND GRADING

Q-12-601 DRAINAGE PLAN

All drainage facilities, including on-site detention, storm sewer systems, drainage ways, flood plains, detention ponds and drainage channels, shall be shown on a drainage plan and approved by the City Council with the recommendations of the Planning and Zoning Commission and the Director of Public Works or his designee. The developer may be required to expand the drainage plan to include other properties within the drainage basin when the City determines the potential exists for impact beyond the development area, both upstream and downstream. The plan shall provide the following information:

A. Existing and proposed contour lines and the surface water drainage system, including any major alteration of the existing drainage pattern. Drainage ways and detention ponds shall be designed for a 25-year storm occurrence. The contour interval shall be of such detail that the final drainage pattern is adequately illustrated.

B. The boundaries of all drainage easements and detention ponds. A maintenance agreement for the upkeep of the detention ponds shall be filed with the plat.

C. Individual lot drainage shall be coordinated with the general surface drainage pattern for the area. Drainage shall be designed so as to avoid a concentration of storm drainage water from each lot to adjacent lots.

D. Any other information or drainage plans that the Planning and Zoning Commission shall require.

Wherever possible, developer shall utilize existing city storm sewers. Detention ponds shall be discouraged, but may be allowed when no other reasonable alternative exists. Any such pond shall be designed for the absolute minimum term of storage not to exceed 3 days.

Q-12-602 GRADING PLAN

A grading plan for the subdivision shall be submitted to and approved by the City Council with the recommendations of the Planning and Zoning Commission and Director of Public Works or his designee. The plan shall include the following information:

A. The site grading plan shall show existing and finish contours with intervals acceptable to the Commission. The plan shall also show the discharge route from point of collection to outlet and including drainage arrows for each lot.

B. The street grading plan shall show percent slope for all proposed streets, drainage arrows, and location and size of culverts.

C. Any other information or grading plans that the Planning and Zoning Commission shall require.

Q-12-603 SEDIMENT AND EROSION CONTROL PLAN

A sediment and erosion control plan which complies with the Sediment And Erosion Control Standards of the Stanley County Conservation District shall be submitted. The plan shall be reviewed by the Conservation District and shall be enforced by the City of Fort Pierre.

Q-12-604 APPROVAL LIMITATIONS

Approval of a drainage plan shall not be construed to confer upon any person any right or easement to divert or drain water from the development area over any other lands for which legal drainage rights have not been otherwise established.

Q-12-700 REPLATS AND PLAT VACATIONS

Q-12-701 REPLATS

If the land proposed for platting is a resubdivision, it shall require a preliminary plan and a final plan of the subdivision, requiring the same review and approval procedures, including the fees, as the original preliminary and final plans. However, if the resubdivision meets the following requirements, it may be submitted as a final plat:

A. The perimeter of the tract being replatted shall not be altered by the replat.

B. The previous platting lines shall be shown on the plat.

C. The grades and drainage shall not be changed from the plans which were submitted and approved with the original plat. If the grades are to be changed, or if no drainage plan was submitted with the original plat, then drainage and grading plans must be submitted and approved for the re-subdivision.

Plats shall include a reference to prior plats including the book, page, or document number of all previous plats sought to be “vacated in whole or in part”.

Q-12-702 VACATION OF PLATS

Any plat or any part of a plat intended to be vacated shall be presented to the Planning Commission for a recommendation and to the City Council for approval. Vacation of a plat may be approved when the vacation will not interfere with the development of, nor deny access via public streets, to adjoining properties, utility services, or other improvements.

Q-12-800 IMPROVEMENTS IN GENERAL

Q-12-801 COSTS OF IMPROVEMENTS

All required improvements shall be made by the applicant, at his expense, without reimbursement or contribution or consideration by the City.

Q-12-802 ASSURANCES REQUIRED FOR IMPROVEMENTS ON EXISTING PLATS

The developer of land previously subdivided shall be required to post a bond or irrevocable letter of credit, performance bond, or other surety at the discretion of the City assuring completion of all required improvements which have not been completed at the time of adoption of this Ordinance, in such form, manner and amount as shall be acceptable to the City Council to guarantee completion of all required improvements. Whether or not a certificate of occupancy has been issued, at the expiration of the performance bond or other surety the City may enforce the provisions of the performance bond or other surety where the provisions of this Chapter or any other applicable law, agreement, ordinance, or regulation have not been met.

Q-12-803 GOVERNMENTAL UNITS

Governmental units to which these bonds or other sureties and contract provisions apply may file in lieu of said contract or bond or other surety, a certified resolution or ordinance from officers or agencies authorized to act on their behalf, agreeing to comply with the provisions of this article.

Q-12-804 INSPECTION PROCEDURE AND FEES

The City shall provide for inspection of required improvements during construction and insure their satisfactory completion. The applicant shall pay to the City of Fort Pierre an inspection fee of two percent (2%) of the amount the performance bond or other surety, or the estimated cost of required improvements, or the actual cost of testing, and the subdivision plat shall not be signed unless such fee has been paid at the time of application. These fees shall be due to and payable upon demand of the City of Fort Pierre, and no building permits or certificates of occupancy shall be issued until all fees are paid. If the Director of Public Works or his designee finds, upon inspection, that any of the required improvements have not been constructed in accordance with the Fort Pierre Standard Specifications for Construction 2002 Edition as amended, or the development agreement, the applicant shall be responsible for completing the improvements. Wherever the cost of improvements is covered by a performance bond or other surety, the applicant and the bond or surety company shall be jointly and severally liable for completing the improvements according to specifications.

Q-12-805 ACCEPTANCE OF DEDICATION OFFERS

Acceptance of formal offers of dedication of streets, public areas, easements and parks shall be by resolution of the City Council. The recommendation of approval by the Planning and Zoning Commission of a subdivision plat shall not be deemed to constitute or imply the acceptance by the City Council of any street, easement or park shown on said plat.

Q-12-806 CERTIFICATE OF SATISFACTORY COMPLETION

The City Council will not accept dedication of required improvements, nor release nor reduce a performance bond or other surety, until the Director of Public Works or his designee has submitted a certificate stating that all required improvements have been satisfactorily completed, and until the applicant’s engineer or surveyor has certified to the Director of Public Works or his designee, through submission of detailed “As Built” plans of the subdivision indicating location, dimensions, materials and other information required by the Planning and Zoning Commission, that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision and that the improvements completed are ready for dedication to the City and are free and clear of any and all liens and encumbrances. Upon such approval and recommendation, the City Council shall thereafter accept the improvements for dedication in accordance with the established procedure.

Q-12-807 REDUCTION OF A PERFORMANCE BOND OR OTHER SURETY

A performance bond or other surety shall be reduced upon actual dedication of public improvements and then only to the ratio that the public improvement dedicated bears to the total public improvements for the development.

Q-12-808 MAINTENANCE OF IMPROVEMENTS

The developer shall be required to maintain all improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks, if required, until acceptance by action of the City Council.

Q-12-809 TEMPORARY IMPROVEMENT

The developer shall build and pay for all costs of temporary improvements required by the City Council and shall maintain same for the period specified by the Planning and Zoning Commission. Prior to construction of any temporary facility or improvement, the developer shall file with the City a separate suitable bond or other surety for temporary facilities, which bond or other surety shall insure that the temporary facilities will be properly constructed, maintained and removed.

Q-12-810 DEFERRAL OR WAIVER OF REQUIRED IMPROVEMENTS

The City Council may defer or waive at the time of final approval, subject to appropriate conditions, the provisions of any or all such improvements as, in its judgment, are not requisite in the interests of the public health, safety and general welfare, or which are inappropriate because of inadequacy or lack of connecting facilities.

Q-12-811 FAILURE TO COMPLETE IMPROVEMENTS

For subdivisions for which no performance bond or other surety has been posted, if the improvements are not completed within the period specified by the Planning and Zoning Commission in the resolution recommending approval of the plat, the approval shall be deemed to have expired. In those cases where a performance bond or other surety has been posted and required improvements have not been installed within the terms of such performance bond or other surety, the City may thereupon declare the performance bond or other surety to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the performance bond or other surety is declared to be in default.

Q-12-812 ISSUANCE OF BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY

A. Where a performance bond or other surety has been required for a subdivision, no certificate of occupancy for any building in the subdivision shall be issued prior to the completion of the improvements and dedication of same to the City, as required in the final approval of the subdivision plat.

B. No building permit shall be issued for the final ten percent (10%) of lots in a subdivision, or in the case where ten percent (10%) is less than two (2) lots, then no building permit shall be issued for the final two (2) lots of a subdivision, until all required public improvements for the plat have been fully completed and dedicated to the City.

Q-12-813 FENCING

Each subdivider or developer shall be required to furnish and install fences wherever the Planning and Zoning Commission determines that a hazardous condition may exist. The fences shall be constructed according to standards established by the Director of Public Works and shall be noted as to height and material on the final plat. No certificate of occupancy shall be issued until said fence improvements have been duly installed.

Q-12-814 LOT VACATION REQUIREMENTS

When a residence, When a residence, building, or other structure capable of receiving utility services has been removed or demolished, the following minimum requirements for reclamation shall be met:

a. The property owner shall be responsible for termination of all utility services to the property, including but not limited to water, sewer, electric, cable, phone and gas, at the property boundary or, where deemed appropriate by the Director of Public Works, at a more-distant utility distribution point. The termination of utility services shall be performed in accordance with the requirements of the utility provider.

b. The property owner shall be responsible for notifying the utility provider and the City of Fort Pierre of the location of the termination point for any utility services.

c. No personal property, garbage or debris, including concrete, wood, pipe, wire, or cable, may be placed or remain on the property as fill.

d. All costs for capping or terminating utility services, including any fee owed to the utility provider, shall be the responsibility of the lot owner.

e. The property owner shall be responsible for controlling noxious weeds and providing proper drainage on the property

Q-12-900 BLOCKS, MONUMENTS, AND LOTS

Q-12-901 BLOCKS

The length and shape of blocks shall be determined with regard to provision of adequate building sites suitable to the needs of the use contemplated; the need for convenient access, circulation, and safety of traffic; and topographic conditions.

A. Residential block lengths shall be a minimum of four hundred (400) feet and shall not exceed one thousand two hundred (1200) feet. In long blocks, the Planning and Zoning Commission may require the reservation of an easement through the block to accommodate utilities, drainage facilities, or pedestrian traffic.

B. Blocks shall have sufficient width to provide two tiers of lots of an appropriate depth. Exceptions to the width requirement shall be permitted in blocks adjacent to major streets, railroads or waterways. Other zoning district classification block dimensions shall be as approved.

Q-12-902 MONUMENTS

Permanent reference monuments shall be placed on or at

A. Block corners,

B. Lot corners,

C. Street right-of-way lines,

D. Street intersections,

E. Angle points of curves,

F. The ends of curves,

G. Points where a river or stream changes its radius,

H. Angle points of any line,

I. Any other internal boundaries

Lot lines that extend to rivers or streams shall be monumented at the point of intersection of the river or stream lot line with a meander line established not less than twenty (20) feet back from the bank of the river or stream.

Monuments shall be spaced so as to be within sight of one another and no more than 1,400 feet apart. Monuments shall be properly set in the ground and approved by a registered land surveyor prior to the time the Planning and Zoning Commission recommends approval of the final plat.

Q-12-903 LOTS

A. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning Ordinance and in providing driveway access to buildings on such lots from an approved street.

B. Lot dimensions shall comply with the minimum standards of the Zoning Ordinance. Where lots are more than double the minimum required area for the zoning district, the Planning and Zoning Commission may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots, all in compliance with the Zoning Ordinance and these regulations. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front-yard setback from both streets. Depth and width of properties reserved or laid out for business, commercial or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use an development contemplated, as established in the Zoning Ordinance.

C. Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation. Driveways for such lots shall have access only to an interior subdivision road.

D. Lots shall not, in general, derive access exclusively from a major street. Where driveway access from a major street may be necessary for several adjoining lots, the Planning and Zoning Commission may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such street. Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on major or secondary arterials designated on the comprehensive land use plan.

E. If a tract being subdivided contains a water body, or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the water body among the owners of adjacent lots. The Planning and Zoning Commission may recommend approval of an alternative plan whereby the ownership and responsibility for safe maintenance of the water body is so placed that it will not become a City responsibility. No more than twenty-five percent (25%) of the minimum area of a lot required under the Zoning Ordinance may be satisfied by land which is under water. Where a watercourse separates the buildable area of a lot from the street by which it has access, provisions shall be made for installation of a culvert or other structure of design approved by the Director of Public Works or his designee.

F. Lots shall be laid out so as to provide positive drainage away from all buildings and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from any lot to adjacent lots.

G. No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish, or other waste materials of any kind shall be buried in any land or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of same shall be required prior to issuance of any certificate of occupancy on a subdivision; nor shall any be left or deposited in any area of the subdivision at the time of expiration of the performance bond or other surety or dedication of public improvements, whichever is sooner.

H. Plats for residential developments adjacent to functioning railroad right-of-way shall provide additional lot depth or width to provide sufficient setback to offset the impact of the railroad traffic.

I.

Q-12-1000 STREETS, SIDEWALKS, CURB AND GUTTER, AND STORM SEWER

Q-12-1001 STREET ARRANGEMENT AND DESIGN

A. A subdivision shall have frontage on and access from an existing public street on the Comprehensive Land Use Plan, or, if there is no Comprehensive Land Use Plan, such street shall be

1. An existing state, county or township highway; or

2. A street shown upon a plat approved by the City Council and recorded in the County Register of Deeds’ office. Such street or highway must be suitably improved as required by the State Department of Transportation highway rules, regulations, specifications, and orders, or be secured by a performance bond or other surety required under these subdivision regulations

B. Streets shall be graded and improved and conform to Fort Pierre Standard Specifications for Construction 2002 Edition as amended and State Department of Transportation requirements. They shall be approved as to design and specifications by the Director of Public Works, in accordance with the construction plans required to be submitted prior to final plat approval.

C. Streets shall be related to topography and arranged so building sites are at or above street grade.

D. Streets shall be properly integrated with the existing system of streets or proposed streets in the comprehensive plan, including connecting adjacent subdivisions where topographical and land use considerations permit. No building permits will be issued until the curb and gutter has been installed in streets adjacent to the proposed construction. This is for the purpose of establishing floor elevations for new structures.

E. Streets shall be properly related to special traffic generators such as industries, business districts, schools, churches and shopping centers; to population densities; and to the pattern of existing and proposed land uses.

F. Streets shall extend to subdivision boundary lines, unless prevented by topography or other physical conditions.

G. Streets shall be arranged to allow access to future subdivisions on abutting land.

H. Streets shall be permanently dedicated as public rights-of-way when accepted by the City.

I. In business and industrial developments, the streets and other accessways shall be planned in connection with the grouping of buildings, location of rail facilities and the provision of alleys, truck loading and maneuvering areas and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian.

J. Where a subdivision abuts or contains an existing or proposed arterial street, the following may be required: frontage roads, reverse frontage lots with screen planting along the rear property line, or other such treatment as may be necessary for adequate protection of residential properties.

K. Subdivisions platted along existing streets shall dedicate additional right‑of‑way if necessary to meet minimum street width requirements.

L. The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, efficient provision of utilities, and where such continuation is in accordance with the city plan. Half streets and dead-end streets shall be prohibited. Cul-de-sacs designed to be permanent shall not be longer than five hundred (500) feet and shall include a turn around. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line. A temporary T- or L-shaped turnabout shall be provided on all temporary dead-end streets, with the notation on the subdivision plat that land outside the normal street right-of-way shall revert to abuttors whenever the street is continued. The Planning and Zoning Commission may limit the length of temporary dead-end streets in accordance with the design standards of these regulations.

M. Where a road does not extend to the boundary of the subdivision and the Planning and Zoning Commission does not require its continuation for access to adjoining property, its terminus shall normally not be nearer to such boundary than fifty feet (50′). The Planning and Zoning Commission may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic or utilities. A cul-de-sac turnaround shall be provided at the end of a permanent dead-end street in accordance with Fort Pierre Standard Specifications for Construction 2002 Edition as amended.

N. Streets subject to inundation or flooding shall not be approved unless essential where unusual circumstances exist. Where flooding appears possible, street profiles and elevations shall be required in order to determine the advisability of approving the proposed subdivision.

O. Intersections:

1. Acute angles are to be avoided if possible, but no angle of less than 75 degrees shall be permitted.

2. Not more than two streets shall intersect at one point unless specifically approved by the Planning and Zoning Commission and City Council.

3. Intersection offsets of less than 150 feet shall not be permitted except were the intersected street has separated dual drives without median breaks at either intersection.

4. Intersection of major streets shall be at least eight hundred (800′) apart.

Q-12-1002 STREET NAMES

All street names shall be approved by the City Council with the recommendation of the Planning and Zoning Commission.

Streets shall be named, numbered or lettered consistent with the existing addressing system within the community. Generally “Streets” are roads running north and south and “Avenues” are roads running east and west. No road names shall be used which duplicate, be the same in spelling or alike in pronunciation with any other existing roads. Street names shall not exceed fifteen (15) letters, including spaces and street or avenue abbreviations to accommodate the width of street signs.

Q-12-1003 MINIMUM STREET WIDTH AND RIGHT-OF-WAY

Street widths and right-of-ways shall be established according to Fort Pierre Standard Specifications for Construction 2002 Edition as amended, as adopted by the City Council.

Q-12-1004 STREET DEDICATION AND RESERVATION

Street systems in new subdivisions shall be laid out so as to eliminate or avoid new perimeter half-streets. Where an existing half-street is adjacent to a new subdivision, the other half of the street shall be improved and dedicated by the subdivider. The Planning and Zoning Commission may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right-of-way width within his own subdivision boundaries.

Where a subdivision borders an existing narrow road or when the Comprehensive Land Use Plan, Official Map, or zoning setback regulations indicate plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant shall be required to improve and dedicate at his expense such areas for widening or alignment of such roads. Such frontage roads and streets shall be improved and dedicated by the applicant at his own expense to the full width as required by these subdivision regulations. Land reserved for any road purposes may not be counted in satisfying yard or area requirements of the Zoning Ordinance, whether the land is to be dedicated to the municipality in fee simple or an easement is granted to the City.

Q-12-1005 STREET CONSTRUCTION

A. Street construction shall be of materials and in a manner according to specifications of the Fort Pierre Standard Specifications for Construction 2002 Edition as amended, as approved by the City Council.

B. The developer shall complete streets within a subdivision in at least one block increments, and shall properly gravel and grade such streets prior to issuance of any building permit.

C. The developer shall provide hard surface paving within two (2) years of completion of the lift of gravel, within the next construction season, or following the sale of 30% of the lots in the subdivision, whichever first occurs, and the final paving lift within six months of the first lift. The City or its engineer shall inspect the first lift of paving and direct the developer to make any required corrections prior to completion of the final lift, and shall inspect the final lift prior to street acceptance.

Q-12-1006 STREET SIGNS

The developer shall install street identification signs at all intersections and along streets in accordance with specifications approved by the City Council and as required by the Director of Public Works or his designee. The City shall install all traffic signs before issuance of certificates of occupancy for any residence on the streets approved. Street name signs are to be placed at all intersections within or abutting the subdivision, the type and location of which is to be approved by the City Engineer or Director of Public Works or his designee.

Q-12-1007 STREET LIGHTS

The developer shall be responsible for the installation of street lights and must submit a street light plan showing style, design and location. Said street light plan must meet minimum standards set by the City Council and must be approved by the Director of Public Works or his designee prior to the installation.

Q-12-1008 SIDEWALKS

Sidewalks shall be provided along each side of every street shown on the plat and shall be dedicated to public use. Construction shall be completed within one (1) year of occupancy of the dwelling unit. Sidewalks shall be constructed according to Fort Pierre Standard Specifications for Construction 2002 Edition as amended. Sidewalks along residential streets shall be a minimum of four feet wide. Sidewalks along nonresidential streets shall be a minimum of six feet wide.

The Planning and Zoning Commission may require, in order to facilitate pedestrian access from the roads to schools, parks, playgrounds, or other nearby roads, perpetual unobstructed easements at least twenty feet in width. Easements shall be indicated on the plat.

Q-12-1009 BRIDGES

Bridges shall be constructed at the full expense of the developer without reimbursement from the City. The City Council may share expenses for the construction of bridges by special agreement between with the developer if, in its discretion, it determines there is a public interest in so doing.

Q-12-1010 CURB AND GUTTER

Curb and gutter, which shall be constructed according to Fort Pierre Standard Specifications for Construction 2002 Edition as amended, shall be installed by the developer at no cost to the City prior to approval of any building permit.

Q-12-1011 STORM SEWER

The Developer shall make adequate provisions for storm or floodwater runoff channels or basins. Storm Sewers, where required, shall be designed by methods approved by the Planning and Zoning Commission, and a copy of design computations shall be submitted along with plans. Inlets shall be provided so that surface water is neither carried across or around any intersection, nor for a distance of more than 600 feet in the gutter. When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point, and catch basins shall be used to intercept flow at the point. Surface water drainage patterns shall be shown for each and every lot and block.

Q-12-1012 NATURE OF STORM WATER FACILITIES

A. Location

The applicant may be required by the Planning and Zoning Commission to carry away, by pipe or open ditch, any spring or surface water that may exist either previously to, or as a result of the subdivision. Such drainage facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the Fort Pierre Standard Specifications for Construction 2002 Edition as amended.

B. Accessibility to Public Storm Sewers

1. Where a public storm sewer is accessible, the applicant shall install storm sewer facilities, or if no outlets are within a reasonable distance, adequate provision shall be made for the disposal of storm waters, subject to the specifications of the Director of Public Works or his designee. However, in subdivisions containing lots less than 15,000 square feet in area and in business and industrial districts, underground storm sewer systems shall be conducted to an approved out-fall. The Director of Public Works or his designee shall conduct inspection of facilities.

2. If a connection to a public storm sewer will be provided eventually, as determined by the Director of Public Works or his designee and the Planning and Zoning Commission, the Developer shall make arrangements for future storm water disposal by a public utility system at the time the plat receives final approval. Provision for such connection shall be incorporated by inclusion in the bond or other surety required for the subdivision plat.

C. Accommodation of Upstream Drainage Areas

A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Director of Public Works or his designee shall determine the necessary size of the facility, based on the provisions of the Fort Pierre Standard Specifications for Construction 2002 Edition as amended assuming conditions of maximum potential watershed development permitted by the Zoning Ordinance.

D. Effect on Downstream Drainage Areas

The Director of Public Works or his designee shall also study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. City drainage studies, together with such other studies as shall be appropriate, shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Planning and Zoning Commission may withhold recommendation of approval of the subdivision until provision has been made for the improvement of said potential condition. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.

E. Areas of Poor Drainage

Whenever a plat is submitted for an area which is subject to flooding, the Planning and Zoning Commission may recommend approval of such subdivision provided that the applicant fills the affected area of said subdivision to an elevation sufficient to place the elevation of streets and lots at a minimum of twelve inches (12″) above the elevation of the maximum probable flood, as determined by the Director of Public Works or his designee. The plat of such subdivision shall provide for an overflow zone along the bank of any stream or watercourse, in a width which shall be sufficient in times of high water to contain or move the water. No fill shall be placed in the overflow zone nor shall any structure be erected or placed therein. The boundaries of the overflow zone shall be subject to approval by the Director of Public Works or his designee. Subdivision of areas of extremely poor drainage shall be discouraged.

F. Flood Plain Areas

The City Council may, when it deems it necessary for the health, safety, or welfare of the present and future population of the area and necessary to the conservation of water drainage and sanitary facilities, prohibit the subdivision of any portion of the property which lies within the flood plain of any stream or drainage course. These flood plain areas shall be preserved from any and all destruction or damage resulting from clearing, grading, or dumping of earth, waste material, or stumps, except at the discretion of the Planning and Zoning Commission.

Q-12-1013 DEDICATION OF DRAINAGE EASEMENTS

A. General Requirements

Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse, and of such width and construction or both as will be adequate for the purpose. Wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow.

B. Drainage Easements

1. Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within the roads rights-of-way, perpetual unobstructed easements at least fifteen (15) feet in width for such drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be carried from the road to a natural watercourse or to other drainage facilities.

2. When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat.

3. The applicant shall dedicate, either in fee or by drainage or conservation easement of land on both sides of existing watercourses, to a distance to be determined by the Planning and Zoning Commission.

4. Low-lying lands along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and retained in their natural state as drainageways. Such land or land subject to periodic flooding shall not be computed in determining the number of lots to be utilized for average density procedure nor for computing the area requirement of any lot.

Q-12-1100 UTILITIES AND PUBLIC SPACE

Q-12-1101 LOCATION

All utility facilities, including but not limited to gas, electric power, telephone, and CATV cables, shall be located underground throughout the subdivision. Wherever existing utility facilities are located aboveground, except where existing on public roads and rights-of-way, they shall be removed and placed underground. All utility facilities existing and proposed throughout the subdivision shall be shown on the preliminary plat. The subdivider shall install underground service lines to each platted lot at no expense to the City. At the discretion of the Planning and Zoning Commission, the requirement for service connections to each lot may be waived in the case of adjoining lots to be retained in a single ownership and intended to be developed for the same primary use.

Q-12-1102 PUBLIC EASEMENTS

A. Easements centered on rear lot lines shall be provided for utilities (private and municipal), such easements shall be at least ten (10) feet wide. The subdivider and the applicable utility companies shall cooperate in establishing utility easements on adjoining properties.

B. Where topographical or other conditions are such as to make impractical the inclusion of utilities within the rear lot lines, perpetual unobstructed easements of at least ten (10) feet in width shall be provided along any lot line with satisfactory access to a road or rear lot lines. All public easements shall be indicated on the plat.

Q-12-1103 WATER FACILITIES

The developer shall install main water distribution lines and service lines to each property line, including curb stop according to the Fort Pierre Standard Specifications for Construction 2002 Edition as amended. The property owner shall be responsible for the installation of the line from the curb stop to the dwelling unit or other structure. The developer shall install all necessary fire hydrants according to city requirements.

Q-12-1104 SEWER FACILITIES

A. General Requirements

The developer shall install sanitary sewer facilities in a manner prescribed by the Fort Pierre Standard Specifications for Construction 2002 Edition as amended, as adopted by the City Council. The developer shall install sewer line to each lot, and the property owner shall be responsible for installation of sewer line from the property line to the dwelling unit. All plans shall be designed in accordance with the Fort Pierre Standard Specifications for Construction 2002 Edition as amended, any applicable state statutes, and the State Department of Environment and Natural Resources regulations. Necessary action shall be taken by the applicant to extend or create a sanitary sewer district for the purpose of providing sewerage facilities to the subdivision, where no district exists for the land to be subdivided.

B. High-density Residential and Nonresidential Districts

Sanitary sewerage facilities shall connect with public sanitary sewerage systems. Sewers shall be installed to serve each lot and to grades and sizes required by the City. No individual disposal system or treatment plants (private or group disposal systems) shall be permitted. Sanitary sewerage facilities (including the installation of laterals in the right-of-way) shall be subject to the specifications, rules, regulations, and guidelines of the State Department of Environment and Natural Resources.

C. Low- and Medium-density Residential Districts

Sanitary sewerage systems shall be constructed as follows:

1. Where a public sanitary sewerage system is reasonably accessible the applicant shall connect with it and provide sewers accessible to each lot in the subdivision. It shall be unlawful for any owner or occupant to maintain upon such property an individual sewerage disposal system.

2. Where public sanitary sewerage systems are not reasonably accessible but will become available within a reasonable time (not to exceed ten (10) years), the applicant may choose one of the following alternatives:

a. Central Sewerage System, the maintenance cost to be assessed against each property benefited. Where plans for future public sanitary sewerage systems exist, the applicant shall install the sewer lines, laterals, and mains to be in permanent conformance with such plan and ready for connection to such public sewer mains; or

b. Individual disposal systems, provided the applicant shall install sanitary sewer lines, laterals, and mains from the street curb to a point in the subdivision boundary where a future connection with the public sewer main shall be made. Sewer lines shall be laid from the house to the street line and a connection shall be available in the home to connect from the individual disposal system to the sewer system when the public sewers become available. Such sewer systems shall be capped until ready for use and shall conform to all plans for installation of the public sewer system where such exists, and shall be ready for connection to such public sewer main.

3. Where sanitary sewer systems are not reasonably accessible and will not become available for a period in excess of ten (10) years, the applicant may install sewerage systems as follows:

a. In Medium-density Residential Districts, a central sewerage system shall be installed. No individual disposal system will be permitted. Where plans exist for a public sewer system to be built, for a period in excess of ten (10) years, the applicant shall install sewer lines, laterals and mains to be in permanent conformance with such plans and ready for connection to such public sewer main.

b. In Low-density Residential Districts, individual disposal systems or central sewerage systems shall be used.

D. Individual Disposal System Requirements

If public sewer facilities are not available and individual disposal systems are not proposed, minimum lot areas shall conform to the requirements of the Zoning Ordinance and percolation tests and test holes shall be made as directed by the Department of Environment and Natural Resources. The individual disposal system, including the size of the septic tanks and size of the tile fields or other secondary treatment device, shall also meet DENR requirements.

E. Sewer Locations

Sanitary sewers shall be located within street or alley rights-of-way unless topography dictates otherwise. When located in easements on private property, access shall be provided to all manholes. A manhole shall be provided at each street or alley crossing. End lines shall be extended to provide access from street or alley right-of-way where possible. All sanitary sewer fixtures must meet DENR requirements.

Q-12-1105 RESERVATION FOR PUBLIC USE

The Planning and Zoning Commission shall require that land be reserved for parks and playgrounds or other recreation purposes in locations designated on the Comprehensive Land Use Plan or otherwise where such reservations would be appropriate. Such reservation shall be of suitable size, dimension, topography, and general character and shall have adequate road access, for the particular purposes envisioned by the Planning and Zoning Commission. The area shall be shown and marked on the plat, “Reserved for Park or Recreation Purposes.” When recreation areas are required, the Planning and Zoning Commission shall determine the number of acres to be reserved from the following table, which has been prepared on the basis of providing three (3) acres of recreation area for every one hundred (100) dwelling units. The Planning and Zoning Commission may refer such proposed reservations to the city official or department in charge of parks and recreation for recommendation. The developer shall dedicate all such recreation areas to the City as a condition of final subdivision plat approval.

TABLE OF RECREATION REQUIREMENTS

Percentage of Total Land in Subdivision Dollar Amount for

Percentage Lots Are Over

Minimum Size Required to be Reserved for Recreation Purposes §Q-12-1108 Formula

700% 1.5 % $40

600% 2.0% $65

500% 2.5% $90

400% 3.0% $100

300%. 3.5% $125

200% 5.0% $150

150% 8.0% $200

In the case of multifamily and high-density residential areas, the Planning and Zoning Commission will determine the acreage for reservation based on the number of dwelling units per acre to occupy the site as permitted by the Zoning Ordinance.

Source:  Ord 854

Q-12-1106 MINIMUM SIZE OF PARK AND PLAYGROUND RESERVATIONS

In general, land reserved for recreation purposes shall have an area of at least four (4) acres. When the percentages from the table above would create less than four (4) acres, the Commission may require that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided. In no case shall an area of less than two (2) acres be reserved for recreation purposes if it will be impractical or impossible to secure additional lands in order to increase its area. Where recreation land in any subdivision is not reserved, or the land reserved is less than the percentage in Section Q-12-1105, the provisions of Section Q-12-1108 shall be applicable.

Q-12-1107 RECREATION SITES

Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield, or for other recreation purposes, and shall be relatively level and dry; and shall be improved by the developer to the standards required by the Planning and Zoning Commission, which improvements shall be included in the performance bond or other surety. A recreation site shall have a total frontage on one (1) or more streets of at least two hundred (200) feet, and no other dimension of the site shall be less than two hundred (200) feet in depth. The Planning and Zoning Commission may refer any subdivision proposed to contain a dedicated park to the city officials or department in charge of parks and recreation for a recommendation. All land to be reserved for dedication to the City for park purposes shall have prior approval of the City Council.

Q-12-1108 ALTERNATIVE PROCEDURE

Where, with respect to a particular subdivision, the reservation of land required pursuant to this section does not equal the percentage of total land required to be reserved in Section Q-12-1105, the Planning and Zoning Commission shall require, prior to final approval of the subdivision plat, that the applicant deposit with the City Council a cash payment in lieu of land reservation. Such deposit shall be placed in the Park Reserve Account. Such deposit shall be used by the City for improvement of a neighborhood park, playground, or other recreation area including the acquisition of property. Such deposit must be used for facilities that will be actually available to and benefit the persons in the community.

The Planning and Zoning Commission shall determine the amount to be deposited, based on the following formula: the dollar amount in the preceding table (as determined by lot size) multiplied by the number of times the total developable area of the subdivision is divisible by the most predominant lot size throughout proposed subdivision (in square feet), less a credit for the amount of land actually reserved for recreation purposes, if any, as the land reserved bears in proportion to the land required for reservation in Section Q-12-1105, but not including any land reserved through density zoning. In the case of multi-family dwelling units, the payment shall be the larger of the amount of the preceding formula or the number of dwelling units multiplied by two hundred dollars ($200.00) less a credit for amount of land actually reserved for recreation purposes.

Source: Ordinance No. 854

Q-12-1109 APPLICABILITY TO LAND UTILIZING AVERAGE DENSITY

Any subdivision plat in which the principle of average density of flexible zoning has been utilized shall not be exempt from the provisions of this section, except as to such portion of land which is actually dedicated to the City for park and recreation purposes. If no further area, other than the area to be reserved through averaging is required by the Planning and Zoning Commission, the full fee shall be paid as required in Section Q-12-1108. If further land is required for reservation, apart from the reserved by averaging, credit shall be given as provided by Section Q-12-1108.

Q-12-1110 OTHER PUBLIC USES

A. Except when an applicant utilizes planned unit development or density zoning in which land is set aside by the developer as required by the provision of the Zoning Ordinance, whenever a tract to be subdivided includes a school, recreation uses (in excess of the requirements of Section Q-12-1105), or other public use excluding streets and rights-of-way as indicated on the Comprehensive Land Use Plan or any portion thereof, such space shall be suitably incorporated by the applicant into his sketch plat. After proper determination of its necessity by the Planning and Zoning Commission and the appropriate city official or other public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the applicant into the preliminary and final plats.

B. The Planning and Zoning Commission shall refer the sketch plat to the public body concerned with acquisition for its consideration and report. The Planning and Zoning Commission may propose alternate areas for such acquisition and shall allow the public body or agency 30 days for reply. The agency’s recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition.

C. Upon a receipt of an affirmative report the Planning and Zoning commission shall notify the property owner and shall designate on the preliminary and final plats that area proposed to be acquired by the public body.

D. The acquisition of land reserved by a public agency on the final plat shall be initiated within 12 months of notification in writing, from the owner that he intends to develop the land. Such letter of intent shall be accompanied by a sketch plat of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed 12 months shall result in the removal of the “reserved” designation from the property involved and the freeing of the property for development in accordance with these regulations.

Q-12-1200 NONRESIDENTIAL SUBDIVISION

Q-12-1201 GENERALLY

If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision with respect to such land shall make such provision as the Planning and Zoning Commission may require.

A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in the Zoning Ordinance. Site plan approval and nonresidential subdivision plat approval may proceed simultaneously at the discretion of the Planning and Zoning Commission. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Planning and Zoning Commission or the City Council, and shall conform to the proposed land use and standards established in the Comprehensive Land Use Plan, Official Map, and Zoning Ordinance.

Q-12-1202 STANDARDS

In addition to the principles and standards in these regulations which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the Commission that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:

A. Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.

B. Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.

C. Special requirements may be imposed by the City with respect to street, curb, gutter and sidewalk design and construction.

D. Special requirements may be imposed by the City with respect to the installation of public utilities, including water, sewer, and storm drainage.

E. Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing upon existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.

F. Streets carrying nonresidential traffic especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.