ALP

*Editor’s note—Appendix A was originally derived from the 1972 City Code and revised by Ord. No. 103-80, adopted November 3, 1980 and amended in accordance with information listed in the Code Comparative Table. Ord. No. 26-93, adopted April 5, 1993, amended the Subdivision Ordinance creating a new Appendix A and was amended in accordance with information listed in the Code Comparative Table. Subsequently, Ord. No. 18-98, § 1, adopted Feb. 2, 1998, amended App. A, in its entirety. Ord. No. 81-08, adopted July 7, 2008, amended the Subdivision Ordinance creating a new Appendix A. Amendments to Ord. No. 81-08 are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from Ord. No. 81-08. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines, capitalization, citation to state statutes, and expression of numbers in text has been used to conform to the Code of Ordinances. Additions made for clarity are indicated by brackets. Language has been added as instructed by the city without notation.

Cross references—Building, ch. 11; fire protection and prevention, ch. 16; health and sanitation, ch. 19; housing, ch. 21; mobile homes, ch. 24; parks and recreation, ch. 27; planning, ch. 32; subdivision plats to be approved after major street plan adopted, § 32-35; adoption of subdivision regulations, § 32-37 et seq.; plumbing, ch. 33; signs and outdoor advertising, ch. 37; streets and sidewalks, ch. 38; utilities, ch. 41; storm drainage fee, § 41-80; floodplain management ordinance, ch. 45; zoning ordinance, app. B; extraterritorial zoning regulations, app. C.

State law references—Platting of subdivisions, SDCL ch. 11-3; subdivision regulations, SDCL 11-6-27 et seq.

CHAPTER 15A.01 GENERAL PROVISIONS

15A.01.010 Title.

These regulations may be referred to as the "2008 Revised Subdivision Ordinance for the City of Sioux Falls" and the area of joint jurisdiction.

15A.01.020 Purpose.

It is the purpose of this ordinance to regulate the subdivision of land so as to coordinate streets/roads with other subdivisions and uses, to provide water and sanitation facilities, drainage and flood control, to foster efficient and orderly urban growth compatible with the natural environment, to provide adequate open spaces for traffic, recreation, light, and air, and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, or prosperity, to minimize cut and fill operations, to prevent premature land subdivision, and to conform with the comprehensive plan for the city and its area(s) of joint jurisdiction.

15A.01.030 Authority.

In accordance with SDCL 11-6 and any other authority provided by law or as such statutes may be amended, the city does hereby exercise the power and authority to review and approve or disapprove plats for the subdivision of land within the city and for land in the area(s) of joint jurisdiction.

15A.01.040 Jurisdiction.

A. These regulations shall apply to all subdivisions of land, as defined herein, located within the city and its area(s) of joint jurisdiction as referenced by the map in the joint jurisdictional zoning and subdivision ordinance.

B. It shall be unlawful for any person having control of any land within the city and its area of jurisdiction to subdivide or lay out such land in lots, unless in accordance with the laws of the state of South Dakota and the regulations contained herein. Any parcel of land of 40 acres or less which is located within the joint jurisdiction boundary shall be platted prior to the sale or transfer of such land unless the requirement is waived by the city director of planning and building services.

15A.01.050 Interpretation, abrogation, and severability.

In interpreting and applying the provisions of this ordinance, these regulations are the minimum requirements for the promotion of public safety, health, and general welfare. It is not the intent of this ordinance to repeal, abrogate, or impair any existing easement, covenant, or deed restriction, where these provisions conflict or overlap. Whichever imposes the more stringent restrictions shall prevail.

15A.01.060 Amendments.

For the purpose of providing for the health, safety, and general welfare of the community, the city council may from time to time amend the provisions imposed by these subdivision regulations. Public hearings on all proposed amendments shall be held by the planning commission and the city council in the manner prescribed by SDCL 11-6.

15A.01.070 Enforcement, violations, and penalties.

A. The city director of planning and building services and city engineer are hereby authorized and directed to enforce all the provisions of this title and establish rules for its administration. For such purposes, the director shall have the powers of a law enforcement officer.

B. No owner, or developer, of any parcel of land located in a proposed subdivision shall transfer or sell any part of the parcel before a final plat of the subdivision has been approved in accordance with the provisions of the regulations and filed with the county register of deeds unless provisions of plat exemptions apply as within chapter 15A.06 (Subdivision Process Exemptions).

C. Violations of this ordinance shall be punished under section 1-4 of the City of Sioux Falls Code of Ordinances.

D. Whenever any work is being done contrary to the provisions of this title, the director of building services may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done; and any such persons shall forthwith stop such work until authorized by the city director of planning and building services to proceed with the work.

E. The city director of planning and building services and city engineer shall together have the authority to make interpretations of this ordinance and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions.

F. No permit shall be issued for the demolition or construction of any building or structure located on a lot or parcel subdivided or sold in violation of the provisions of this ordinance.

15A.01.080 Definitions.

1. Alley: A public or private right-of-way which affords only a secondary means of access to abutting property.

2. Arterial: A main traffic artery, more or less continuous across the city, which acts as a principal connecting street with state and federal highways and includes each street designated as an arterial street on the Major Street Plan.

3. Assurance agreement: A contract entered into by the developer and the city by which the developer promises to complete the required public improvements within the subdivision within a specified time period following final subdivision plat approval.

5. Block: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.

6. Building: Any structure having a roof, supported by columns or walls, for shelter or enclosure of persons or property.

8. Collector: A street which carries traffic from local streets/roads to arterial streets or highways, including the principal entrance streets of a residential development and streets for circulation in such development.

9. Common areas: Common areas, as used in this ordinance, unless the context otherwise requires and unless otherwise provided in the master deed or lease, include:

(a) The land whether fee simple or leased on which the building or buildings stand;

(d) The basements, flat roofs, yards, gardens, recreation facilities, and parking areas, unless otherwise provided or stipulated;

(e) The premises for the lodging of janitors or persons in charge of the building or buildings, except as otherwise provided or stipulated;

(f) The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water tanks, pumps, and the like;

(g) The elevators, garbage incinerators, and in general all devices or installations existing for common use; and

(h) All other elements of the property rationally of common use or necessary to its existence, upkeep, and safety. [SDCL 43-15A-5]

10. Comprehensive development plan: Any legally adopted part or element of the comprehensive plan of the City of Sioux Falls.

11. Concept plan: A concept plan is a basic plan that is preparatory to the preliminary plan.

12. Condominium: A condominium includes separate interest in common areas and other portions of real property.

13. Contractor: The person who contracts with an individual or the developer to construct a building or structure on a parcel of land.

14. Cul-de-sac: A local street with only one outlet having an appropriate terminal for safe and convenient reversal of traffic movement.

16. Developer: The owner of land proposed to be subdivided or its authorized agent who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.

17. Double frontage: A lot which abuts a street on two opposite sides (not a corner lot).

18. Easement: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the property. An easement is also a means to acquire a legal right for a specific use of land owned by others.

19. Engineering design standards: The engineering design standards for public improvements of the City of Sioux Falls.

20. Expressway: A principal traffic artery, serving the major centers of activity, the highest traffic volume corridors and the longest trip desired, with partially or fully controlled access.

21. Development engineering plan: The development engineering plan shall address the engineering aspects of topography and infrastructure.

22. Frontage road: A street used only for access to abutting property where there will be constructed an expressway or arterial street.

23. Homeowners association: An association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions through which each owner or a portion of a subdivision—be it a lot, parcel site, unit plot, condominium, or any other interest—is automatically a member or assessment for a prorated share of expense of the association which may become a lien against the lot, parcel, unit, condominium, or other interest or member.

24. Local street: A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for various utilities but not intended to be used for through traffic.

25. Lot: A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.

26. Lot of record: A plat that has been recorded in the office of the Register of Deeds prior to the effective date of this ordinance.

27. Lowest floor: The lowest floor of the lowest enclosed area (including basement), but not including an unfinished crawl space used for access.

28. Main floor: The lowest story in which more than six feet lies above grade for more than 50 percent of the perimeter or in which any point is more than 12 feet above grade.

29. Major drainageway: The main corridor for storm water flow through developments. Major drainageways are identified as intermittent streams on USGS quadrangle maps, or as otherwise approved by the city engineer.

30. Major street plan: The major street plan adopted through the MPO transportation planning process and as approved by the city council.

31. Minor plat: Any plat containing not more than three lots fronting on an existing street that meets all standards of section 15A.06.010.

32. Mutual access easement: An easement granting the perpetual right of abutting property owners to use a designated portion of property for common ingress and/or egress purposes. The easement area shall be maintained by the abutting property owners. The easement is not to be considered required frontage.

33. Owner: The record owners of real property in fee simple including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to the land sought to be subdivided.

34. Parcel: Any contiguous quantity of land in the possession of, owned by, or recorded as the property of the same claimant, person, or company.

35. Plat: A map, a representation on paper or transferable to paper (e.g., electronic), of a piece of land subdivided into lots, parcels, tracts, or blocks, including streets/roads, commons, and public grounds, if any, all drawn to scale and complete with all irrevocable offers of dedication.

36. Preliminary subdivision plan: The preliminary subdivision plan shall address the preliminary subdivision plan's internal street network and associated lot and block layout and the relationship to proposed zoning and land use.

37. Private street/road: A roadway that has not been dedicated for public use, but rather reserved by platting of a lot or by a private easement. The private street or road shall be owned and maintained by the property owners which it serves. The plat shall have the owner's certificate regarding the lot's "Private Maintenance of Facilities."

38. Replats: The adjustment and/or vacation of property lines which reallocates or consolidates land area of contiguous lots or parcels, provided that the adjustment or vacation of property lines, sites, or other divisions of land under stated conditions of this subdivision ordinance.

39. Right-of-way: A strip of land occupied by a street, railroad, pedestrian walkways, or other special use. The use of the term right-of-way for platting purposes shall mean that every right-of-way hereafter established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or area of such lots or parcels.

40. Setback: That line that is the required minimum distance from any lot line that establishes the area within which the principal structure must be created or placed.

41. Structures: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, and signs.

42. Subdivision: The division or redivision of land into two or more lots, tracts, parcels, sites, condominiums, or divisions for the purpose of sale, lease, or transfer of ownership, except as provided in chapter 15A.06—Subdivision Process Exemptions.

43. Substantial build-out: A subdivision in which at least 90 percent of the individual lots or 90 percent of the real property within the approved subdivision has been developed by the completion of planned vertical and horizontal construction and the remaining property has been permanently stabilized.

CHAPTER 15A.02 SUBDIVISION PLAN APPROVAL PROCESS

15A.02.010 Applicability.

Subdivision of land shall be required before the division of land (for any purpose) into two or more parcels.

15A.02.020 Overview of approval process.

A. [Generally.] Proposed subdivision development plans must be approved by the city in accordance with the following procedures which include four principal steps:

1. Concept plan (with an annexation petition or in preparation for preliminary subdivision plan)

3. Development's engineering plans (in preparation for engineering construction plans)

It is the intent of these subdivision regulations that subdivision review be carried out simultaneously with the review of a zoning application.

15A.02.030 Filing fee.

A filing fee shall be deposited with the city for all preliminary subdivision plans, development engineering plans, and plats. Reasonable fees sufficient to cover the costs of administration, publication of notice, and similar matters shall be charged to developers for these applications. The amount of fees charged shall be set forth by ordinance of the city council. Fees established in accordance with this section shall be paid upon submission of a signed application.

15A.02.040 Subdivision plan and plat exemptions.

The following situations shall be exempted from concept plans, preliminary subdivision plans, and development engineering plans as a part of the subdivision procedures of this ordinance. Nothing in this section shall be construed to exempt a plat in these situations if required by state law.

A. Preliminary Subdivision Plan and Development Engineering Plan exemptions as specified within section 15A.06.010.

CHAPTER 15A.03 CONCEPT PLAN

15A.03.010 Information required.

A concept plan is a process designed to help a developer save time and expense in preparing a preliminary plan and a plat. A concept plan does not have a requirement for engineering information; however, the more engineering design work that is done, the developer will be more likely to avoid rezonings or major amendments because of lot and block reconfigurations due to drainage and other utility requirements. The advantage of a concept plan is that city staff will provide important information upfront that may significantly affect your lot and block layout and utility plans. It is recommended that at least some preliminary drainage engineering be completed during the concept plan stage. All concept plans for review shall be submitted to the planning office.

A. Prior to the submission of the preliminary subdivision plan and, if needed, rezoning to the planning commission, the developer shall submit a concept plan to the planning office, which will also be routed to city engineering. City staff comments on the concept plan shall be sent to the developer within 15 working days. The requirement for a concept plan may be waived by the city director of planning and building services and city engineer if access permits have been approved and it is a residential subdivision with less than ten acres or a nonresidential subdivision with less than five acres. A developer may choose to submit a concept plan for comments that has all elements of a preliminary subdivision plan.

1. The general layout of streets and access points to adjacent street systems; location of major drainageways, approximate flow paths and detention ponds; water line locations; nearest existing sanitary sewer line locations; natural features and amenities and preservation of public land, proposed zoning districts; pedestrian connectivity; and agree- ment with the city's comprehensive plan goals and policies.

2. Vicinity map to scale, showing locations of the concept plan and other property for at least 660 feet in every direction.

4. Proposed amendments, if any, required to the current zoning map or comprehensive plan future land use map.

B. Comments from city staff in regard to the concept plan should include future land use amendments, zoning transitions, street right-of-way width and type of street (minor or major collector), pedestrian circulation, lot and block layout, street access points, water and sanitary sewer locations, assessments cost per acre including sanitary sewer, water main, regional detention cost, and storm sewer. Staff shall track consistency of comments between concept plan and preliminary subdivision plan.

CHAPTER 15A.04 PRELIMINARY SUBDIVISION PLAN

A preliminary subdivision plan is a process designed to assist the developer and the city with the efficient and timely development of utilities to and throughout a development. Plans will be evaluated for compliance with the city's comprehensive plan goals and policy framework, adopted master plans, and the capital improvement program.

15A.04.010 Submittal and process.

Based on the comments from the concept plan, the developer shall submit the preliminary subdivision plan to the planning office. The application may be submitted five working days before the planning commission submittal deadline.

1. Within five working days of receipt of a subdivision application and fee, the planning office will review the application to determine whether it contains all elements required by section 15A.04.020.

2. If the planning office determines that the application does not contain all elements as required by section 15A.04.020, then the applicant shall be notified in writing of the specific deficiencies; and that the application shall not be scheduled for a public hearing until all elements of the application are submitted. The applicant has until the submittal deadline to submit all elements.

3. When the planning office determines that the application does contain all elements as required by section 15A.04.020, the application shall be scheduled for a planning commission public hearing by the planning office on a day when the planning commission is regularly scheduled to meet as determined by the rules, policies, and regulations as adopted or which may hereafter be adopted by the planning commission for holding public hearings on such requests.

4. The city planning and building services director will review within ten days to determine compliance with all approval criteria of section 15A.04.020.

5. If the planning and building services director determines that the preliminary subdivision plans do not meet the criteria, a one-month deferral of the plan may occur and the planning office shall identify specific required information in its notification to the applicant at the end of the ten-day review period. After the one-month deferral and a resubmitted preliminary subdivision plan, the planning and building services director may schedule the preliminary plan for a planning commission public hearing.

6. If the planning office determines that the preliminary subdivision application is in sufficient compliance with section 15A.04.020, but there are specific design, improvement, or other compliance deficiencies, the planning and building services director may list conditions to the approval of the subdivision application to the planning commission.

The city council, in taking action on a preliminary plan, shall consider the recommendations of the planning commission and shall hold a public hearing. It shall then approve, disapprove, or approve with conditions based upon the criteria within section 15A.04.020. Approval of the preliminary plan shall indicate council's approval of the general location of the lots, blocks, and streets including the interrelationship to proposed zoning districts or land uses; all which shall be so noted on the preliminary subdivision plan's certificate of approval. The approved plan shall be kept on file in the office of the city engineer and city director of planning and building services. Any conditions included by the city council shall be resolved on a revised preliminary plan which would be submitted to the planning office for administrative approval before any development engineering plans and plats are submitted.

15A.04.020 Preliminary subdivision plan submittal requirements.

Preliminary Subdivision Plans must have all elements within Table 1 included in the application before a staff review is completed. The planning commission in its recommendation and the city council in its approval shall take into consideration all approval criteria in Table 1.

15A.04.030 Effective period of preliminary approval.

Any preliminary subdivision plan which has not received Development Engineering Plan approval for all or a portion of the Preliminary Subdivision Plan area within a period of three years would require resubmittal of a new plan for approval subject to any new subdivision regulations unless a waiver from the city director of planning and building services is approved.

Upon written request to the city director of planning and building services and prior to the Preliminary Plan expiration date, a one-year time extension for the Preliminary Plan may be granted by the city's director of planning and building services, subject to the following condition:

The land uses for land within the preliminary subdivision plan area have not significantly been altered since the original approval date for the preliminary subdivision plan.

15A.04.040 Revisions to preliminary subdivision plan.

Amendments to an approved preliminary subdivision plan may be requested by the developer. The city engineer and city director of planning and building services may request an updated preliminary subdivision plan for review and approval when changes to the plan are proposed.

A. Amendments to a preliminary plan shall consist of external impacts, including changes in major (collectors) street pattern, change of zones, drainage facility location, other public open space location, or perimeter boundaries.

1. Amendments to an approved preliminary subdivision plan shall follow the procedures for approval of a preliminary subdivision plan as required in this section.

2. The approved plan [and any amendments] shall be kept on file with the city engineer and planning director.

CHAPTER 15A.05 DEVELOPMENT ENGINEERING PLANS

The development engineering plan is a process designed to assist the developer and the city with the efficient and timely development of utilities and final lot and block layout to and throughout a development. Plans will be evaluated for compliance with the engineering design standards and the capital improvement program. The Development Engineering Plan approval will be based upon the engineering feasibility of the development including the determination of more precise locations of all lots, blocks, and streets.

15A.05.010 The development engineering plans.

Following the approval of the preliminary subdivision plan, if the developer wishes to proceed, development engineering plans shall be submitted to the city engineering office for review and acceptance. The development engineering plans shall encompass all land included in a phase as shown on the preliminary subdivision plan, be in compliance with conditions and approval requirements of the preliminary subdivision plan, and existing and proposed easements shown and dimensioned from property lines and utilities.

The development engineering plans shall comply with the respective chapters within the adopted engineering design standards. The final grading and drainage plan, the final utility plan, and the groundwater control plan shall be approved or disapproved within 15 working days after submittal to the city engineer. In addition, a final lot and block layout shall be approved by the city engineer and city director of planning and building services as required by Table 2. If these plans are approved, the developer may then submit the plat(s) for approval.

The city engineer and city director of planning and building services may request an updated development engineering plan for review and approval when changes to the plan are proposed or when a proposed plat is not consistent with the development engineering plan. The proposed amendment may include the submission of an updated preliminary subdivision plan to the planning office.

Amendments shall be done administratively with signed approval by the city director of planning and building services and city engineer and coincide with the development engineering plans.

15A.05.020 The plat.

Platting is a process designed to assist the developer and the city to approve the appropriate features of a proposed subdivision and place them on file with the county register of deeds. Platting is required when land is divided into tracts for purpose of sale, transfer of ownership or in creating a new building site prior to issuance of a building permit, or connecting to city utilities.

15A.05.030 Plat submission.

For plats within the City of Sioux Falls, one signed mylar plat, two paper copies, one reduced 8.5 x 11 copy, and an electronic PDF and DWG shall be submitted to the city engineer for review and approval. For plats within the joint jurisdictional boundary, the signed mylar plat shall be submitted to the county. Additional paper copies may be required for county submittal according to county standards. All copies shall be signed, sealed, and notarized.

The plat should be drawn at a scale of 100 feet to the inch from an accurate survey and on one or more sheets whose dimensions are as required by state law. If more than two sheets are required, an index sheet of the same dimension shall be attached and filed. The plat shall show the following information:

A. The proposed name of the subdivision. The name shall not duplicate, be the same in spelling, or alike in pronunciation with the name of any other recorded subdivision, unless it is an extension of or adjacent to said subdivision.

B. All lot and block lines, type of easements, and rights-of-way such as drainage facilities, pedestrian, and utilities should be consistent with the development engineer plan. Adjoining unplatted property shall be labeled as such.

C. A systematic lot and block numbering pattern, lot lines and street names, and the square footage of all lots.

D. The location and width of all proposed and existing rights-of-way, alleys, and easements.

E. The boundary lines of the area being subdivided with accurate angles or bearings and distances tying the perimeter boundaries to the nearest established street line, section corner, other previously described subdivision, or other recognized permanent monuments which shall be accurately described on the plat as required by SDCL 43-18, 43-20, and 43-21.

F. Location of all monuments and permanent control points, and all survey pins, either set or located as required by SDCL 43-18, 43-20, and 43-21.

G. The identification and delineations of any portions of the property intended to be dedicated or granted for public use such as drainage facilities, schools, or park land.

H. All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision lots, streets/roads, alleys, easements, and other areas for public or private use. Linear dimensions are to be given to the nearest 1/100 of a foot.

I. The radii, chords, length of curve, point of tangency, and central angles for all curvilinear streets/roads and radii for rounded corners.

J. The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all pins and monuments shown as required by SDCL 43-18, 43-20, and 43-21.

K. Acknowledgment of the owner or owners of the plat of any restrictions, including dedication to public use of all streets/roads, alleys, parks, or other open spaces shown thereon and the granting of easements required, as well as the use of any required common areas.

L. All formal irrevocable offers of dedication for all streets/roads, alleys, parks, drainage facilities, pedestrian paths, and other uses as required.

N. Certificates of approval for endorsement by the city engineer, city director of planning and building services, mayor, city clerk, and the planning commission.

O. The boundary lines of the floodway and 100-year flood zones, along with the base flood elevation on each lot as delineated on the Flood Insurance Rate Maps (FIRM).

P. Existing building outlines to verify setbacks and lot area requirements and ensure that current and proposed easements are clear of obstructions.

Q. A note identifying the zoning classification in effect at the time of plat or replat submittal.

15A.05.040 Plat approval.

The plat shall provide the information indicated in section 15A.05.020 [The Plat] and shall require the review and approval of the city engineer and the planning director. The plat shall be in conformance with an approved final lot and block layout of the development engineering plan. Either all or a portion of the final lot and block layout of the development engineering plan may be platted.

The plat shall be considered for approval only after the city engineer has approved assurances as required by section 15A.15.010 from the developer fixing responsibility for the required improvements, or any revision thereof. Once the assurance has been approved, the plat shall be approved or disapproved within 15 days after submission. A plat shall be considered submitted when it has been filed with the engineering division. If no action is taken within 30 days of submittal, said plat shall be deemed to have been approved and a certificate to that effect shall be issued by the city clerk on demand. The developer for the approval may waive this requirement and consent to the extension of such period. Approval of any plat shall be contingent upon the plat being recorded within 120 days after the certificate of approval is signed by the city clerk.

CHAPTER 15A.06 SUBDIVISION PROCESS EXEMPTIONS

15A.06.010 Subdivision plan exemptions—minor plat.

The purpose of this section is to provide for the timely review of minor plats and replats (including plats for transfer of ownership) that do not discernibly impact surrounding properties, environmental resources, or public facilities. No concept plan, preliminary plan, or development engineering plans are required. Minor plats and replats are administratively approved by the city engineer and city director of planning and building services and must comply with all requirements of a plat in section 15A.05.030 (Plat submission). Any request for new or additional public infrastructure or facility services after the land has platted may be required to comply with chapter 15A.05 Development Engineering Plans at the request of the city engineer.

1. A minor plat is a plat containing not more than three lots fronting on an existing street and meet ALL OF the following requirements:

a. Does not require the dedication of right-of-way or construction of new streets, except that arterial roadways identified on the Major Street Plan will be required to dedicate the necessary right-of- way;

d. Does not landlock or otherwise impair convenient ingress or egress to or from the rear side of the subject tract or any adjacent property;

e. Does not change the grades from the grading plan which was submitted and approved with the original plat or, if the grades are going to be changed, then a grading plan shall be submitted and approved for the minor plat or replat;

f. Does not significantly change any plans that have been prepared for the placement of any other utilities in the subdivision;

g. Does not adversely affect the remainder of the parcel or adjoining property; and

h. Does not conflict with any provision or portion of the growth management plan, official map, zoning ordinance, or these regulations.

2. Replat. A replat includes all the requirements of a minor plat and shall also include the minor vacation of existing platted lines to achieve either a reconfiguration of the existing recorded plat or change the number of recorded lots in the subdivision only where the perimeter of the tract being replatted is not altered by the replat. Also, a replat shall certify that the platting vacates the existing plat.

15A.06.020 Plat exemptions.

The purpose of this section is to exempt the city platting rules and regulations from the following situations. However, the exemption of city platting rules and regulations does not exempt the platting requirements of the register of deeds, title company, and state law.

1. Cemetery gravesite plats or plots do not have to meet any requirements of this subdivision ordinance as long as land is surveyed, mapped, or diagramed, and subdivided into sections, blocks, lots, individual grave spaces, avenues, walks, and streets, thereby platting or making a map which shall be filed and maintained as a permanent cemetery record. However, all platting requirements of the county register of deeds and state law are still applicable.

B. Government-owned parcels. In order to facilitate the transfer of ownership from one owner to a government entity for the use of a public land or facility (e.g., school, park, drainageway, H lots), plats may be exempted by the city engineer and city director of planning and building services.

1. The purpose is to provide procedures and criteria for the review and approval of minor adjustments to boundary lines of legal lots or building sites in order to rectify defects in legal descriptions, to allow minor enlargement or reduction of lots to improve or qualify as a building site, to achieve increased setbacks from property lines or sensitive areas, and to correct situations where an established use is located across a lot line, or for other similar purposes. When an application is made for building permits, if the description given for the lots on the building permit application shows the property lines to be different from the platted lot lines, a boundary line adjustment or replat will be required for those lots. A boundary line adjustment shall include a surveyed site plan including all information required for a plat in section 15A.05.020. The survey shall be submitted to the building services office with a title report of the entire parcel. An add-on agreement may also be required to officially join parcels to comply with zoning requirements. If the legal description given does not meet the requirements listed below for a boundary line adjustment, other applicable subdivision ordinance provisions shall be followed. A boundary line adjustment application:

a. Shall not result in the creation of an additional lot, parcel, or building site;

b. Shall not result in a lot that does not qualify as a building site pursuant to this title;

c. Shall not relocate an entire lot from one lot of record to another lot of record;

e. Shall not be inconsistent with any restrictions or conditions of approval for a recorded plat;

g. Shall not result in the required minimum lot sizes that do not meet the zoning ordinance requirements;

h. Shall not result in the creation of a nonconforming setback for any existing building; and

i. Shall meet all transfer and recording requirements of the county register of deeds.

1. The purpose of an add-on agreement is to allow existing contiguous legal lots, tracts, and plats to be combined into one parcel for building code and zoning regulations when the contiguous legal lots, tracts, and plats are owned by the same landowner.

2. An add-on agreement must not place any existing or planned buildings in violation of zoning regulations or building codes.

3. An add-on agreement will be recognized by the city planning and building services office after it has been filed with the county register of deeds as a miscellaneous document and combined as a tax parcel with the county equalization office.

CHAPTER 15A.07 PRELIMINARY PLAN CRITERIA

15A.07.010 Intent.

When applications are submitted for a preliminary plan, developers shall comply with the following criteria.

15A.07.020 Blocks.

A. The lengths, widths, and shapes of blocks shall be determined with regard to:

1. Provision of adequate building sites suitable to the special needs of the type of use contemplated.

2. The need for convenient access, circulation, control, and safety of traffic and utilities.

B. Blocks shall normally be wide enough to allow two tiers of residential lots of an appropriate depth.

15A.07.030 Lots.

B. Corner lots for residential use shall have extra width to permit appropriate building setbacks from both sides.

C. Each lot shall abut a dedicated right-of-way or shall include an approved private street.

15A.07.040 Street system.

A. Arrangement and extension. The arrangement of streets in new subdivisions shall conform to the major street plan and shall make provisions for the continuation of existing streets in adjoining areas or their proper projection where adjoining land is not subdivided.

1. The arrangement of all streets and alleys shall be such as not to cause a hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it.

B. Circulation plan. In general, streets within subdivisions shall be designed to incorporate and tie into existing or proposed pedestrian pathways and roadways, and to take into account design restrictions on abutting parcels caused by the surrounding topography, parcel lines, or other features. Other criteria in the street circulation plan shall include the following:

1. Provisions should be made for a collector street every quarter mile, and there should be a street connecting adjacent subdivisions at intervals not less than a quarter mile where environmental constraints and land use considerations permit.

2. Streets should be designed to convey residents conveniently throughout the neighborhood, and to the parks, schools, and shopping areas of the neighborhood and to adjacent neighborhoods. When a subdivision is designed or constructed in conjunction with another use (such as retail, office, apartments, park, or school) of a neighborhood scale, the local and/or collector road system should be designed to provide roadway connections between the various uses.

C. Arterial streets. In order to maintain the traffic carrying capacity of the arterial streets by limiting access to it from individual lots, and in order to protect the residents of property adjacent to arterial streets from the high traffic volumes associated with the street, property along such arterials shall be subdivided in the manner set forth below:

1. Double frontage lots. Where double frontage lots are used for residential development, additional lot depth or width consistent with the zoning ordinance for rear yard setback shall be required to provide for an extra setback to offset the impact of high traffic volume. When double frontage lots are proposed, the developer shall be required to sign an assurance agreement prior to plat approval.

2. Tracts onto arterial streets. In order to avoid private access from individual lots onto arterial streets, lots should be arranged on blocks so that their side or rear yards are adjacent to the arterial street. Lots adjacent to an arterial street shall have an additional width to provide for an extra setback to offset the impact of high traffic volume. This design will be accepted only for a limited distance due to the number of streets which would intersect with the arterial.

3. Access roads. Access roads may be used as the city grows into the areas in the county where they have been required. Under some circumstances, they would also be appropriate for commercial and industrial development. Access roads shall be constructed to city standards with a right-of-way width of 50 feet.

4. Rear access roads. Rear access roads are recommended for commercial developments. In this way the access can serve two tiers of lots and alleviate the dangerous turning movements onto and off of arterial streets.

5. Nonresidential land uses and higher density residential land uses including multiple-family units and townhouses are particularly suitable for the intersection of two arterial streets. Any development of this type should have limited access to the arterial street.

6. Lots adjacent to railroad right-of-way. Lots for residential development adjacent to functioning railroad rights- of-way shall provide extra lot depth or width consistent with the zoning ordinance for rear yard setback to provide for an extra setback to offset the impact of the railroad traffic.

1. Collectors shall be used to collect traffic from other local roads and collectors to arterial roadways. They should generally run three miles in length.

2. Based upon increased speeds and volumes, lot sizes and land uses may be increased along collectors to be consistent with the proposed zoning and transitions.

3. Collectors shall be developed along or between property lines so that both landowners can share in the cost as well as having access to the collector.

4. In agricultural and transitional areas, collector streets shall be identified and located through the engineering design standards.

CHAPTER 15A.08 DEVELOPMENT ENGINEERING PLAN CRITERIA

Before a plat is submitted, developers shall have an approved Development Engineering Plan which shall comply with the following criteria and all engineering design standards.

2. Drainage, water, and sanitary sewer developer's engineering plans—approved by city engineering.

15A.08.010 General requirements.

The plat shall conform to the criteria of the preliminary subdivision plan plus the additional criteria for Development Engineering Plans.

15A.08.020 Blocks.

15A.08.030 Lots.

A. Lot dimensions shall be appropriate for the location of the subdivision and conform to the requirements of Appendix B, the zoning ordinance.

B. Each lot shall abut a dedicated right-of-way, mutual access, common area, or private street. Private streets or roads shall be indicated on the Development Engineering Plan as a private roadway easement and shall not be included as part of any required lot area or setback.

C. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide off-street parking and loading for the use contemplated.

D. All interior lot lines shall be a straight line or a series of straight lines. Curved interior lot lines shall be prohibited.

E. Side lot lines shall be at right angles to streets except on curves where they shall be radial except when otherwise approved.

F. Corner lots for residential use shall have extra width to permit appropriate building setbacks from both sides.

G. In undeveloped or vacant areas, streets shall be identified and classified through the transportation planning process. The location of major streets shall conform to the official Major Street Plan.

15A.08.040 Streets system.

A. Street design standards. All public street improvements, including pavement width, street grades, alignment and visibility, and intersections shall be designed in accordance with standard accepted engineering practice and are subject to the approval of the city engineer. All public street facilities shall be designed in compliance with the engineering design standards manual.

1. Half streets. Whenever an existing half street is adjacent to a tract being subdivided, the other half of the street shall be platted within said subdivision. A preliminary plan of a subdivision may show half a street along adjoining property which has not been subdivided, but no lot abutting on such half street shall have a building permit issued for it until such time as the other half street is dedicated.

B. Traffic calming. Improving traffic flow into and through subdivisions also needs to take into consideration traffic volumes and speeds. Traffic calming is the process by which vehicular speeds and volumes on local streets are reduced to acceptable levels. This is achieved through the installation of approved devices such as traffic circles, flares, and center islands. Traffic calming serves the purpose of reducing cut-through traffic, truck traffic, excessive speeding, noise, vibration, air pollution, and accidents in an attempt to provide a safer environment for motorists and pedestrians.

1. Approved devices shall be spaced within the right-of-way along major collectors through residential subdivisions, based upon engineering design standards.

2. Traffic calming devices may be required by the city engineer, based upon the review of a traffic impact study.

C. Right-of-way widths. The developer shall be required to dedicate street right-of-way widths according to the major street plan and not less than as follows:

D. Cul-de-sacs. Cul-de-sacs will be allowed where they are necessary for the reasonable development of a subdivision.

1. The maximum length of a cul-de-sac shall be 500 feet measured along the centerline, between the radius point of the turnaround and the right-of-way line of the abutting street. The maximum length of a cul-de-sac may be extended where no other practical alternative is available for the reasonable development of a subdivision.

2. Temporary turnarounds may also be required by the city engineer on dead- end streets that will eventually be continued.

3. Emergency access may be required by the fire chief on cul-de-sac streets to allow for emergency service response.

E. Private streets or roads; places. Private roads may be allowed when serving a limited number of parcels, if right-of-way constraints exist, and when all maintenance responsibilities are detailed within the easement.

F. Mutual access easements. When the traffic impact of one or more proposed property developments indicates that the public safety can be better served by the use of mutual access easements, the following requirements shall be observed:

1. Any mutual access easement accepted by the city must provide for perpetual unobstructed access to the area it serves, and prohibit the erection of any structure within or adjacent to the access area which would interfere with the use of the mutual access easement by the public or any governmental agency.

3. Any plat presented for city approval which shows a mutual access easement as a means of access shall provide language in the owner's certificate [see appendix 2] reserving the mutual access easement as a perpetual unobstructed access easement.

4. Mutual access easement areas shall be paved by the developer and maintained in passable condition. Designs for mutual access easements must be approved by the city engineer.

5. An easement area maintenance agreement among property owners who will depend on the mutual access easement for access shall be filed with the plat. It shall describe the legal responsibilities for the repair and maintenance of the easement area and the required signs (see 6. below).

6. The developer may be required to place traffic control signs on mutual access easements or to pay the city to place traffic control signs for mutual access easements at the locations the city traffic engineer deems necessary for the safety and convenience of the public. Traffic control signs shall be approved by the city traffic engineer.

1. Alleys are permitted in commercial and industrial districts, except where provision is made for service access, such as off-street loading, unloading, and parking consistent with the requirement set forth in Appendix B, the zoning ordinance.

2. Alleys are permitted in residential districts when design standards and conditions warrant an alternative means of access.

H. Continuation of street names. Streets obviously in alignment with existing streets shall bear the names of those streets. When, due to topography, offsets caused by rectangular surveys or other physical features, streets become interrupted, quarter line and section line streets shall retain the same name on either side of the irregularities.

I. Street naming criteria. No street names shall be used which will duplicate, be the same in spelling, or alike in pronunciation with any other existing streets. All street names should be kept as short as possible to permit signs to be no longer than 36 inches. All street names shall indicate directions either north, south, east, or west. Street name suffixes shall be applied as follows:

Road: A road running both east and west or north and south for significant lengths; such names may only be assigned to major rights-of- way.

Parkway: Limited access roads such as major streets which are divided by a median.

J. Prohibition on certain street name suffixes. No Development Engineering Plans shall be approved which use the names of square, ridge, pass, way, or terrace as a suffix for a street name.

15A.08.050 Walkways.

Concrete or asphalt pedestrian walks of an appropriate width (as determined by the city engineer) shall be required through blocks where deemed necessary to provide circulation or access to schools, playgrounds, shopping centers, bus stops, and other community facilities. They may also be required to provide access through greenways and common areas. The walks shall be maintained by the adjacent property owners.

15A.08.060 Reserved.

15A.08.070 Minimum subdivision improvements.

Where development engineering plans are approved and plats within the development engineering plan are platted, utilities will be required to be extended to the edge of adjacent platted land.

15A.08.080 Maintenance agreements.

Where the subdivision contains sewers, sewage treatment plants, water supply systems, park areas, storm drainage systems, road systems, or other facilities or services which are necessary to or desirable for the area, and which are of common use or benefit and which are not accepted for maintenance by an existing public agency, provisions shall be made by trust agreement for the proper and continuous maintenance and supervision of such facilities. A final and signed copy of the agreement shall be attached to each and every plat having a facility or service covered by such an agreement.

15A.08.090 Easements.

Easements shall be provided and dedicated where necessary for wires, cables, conduits, fixtures, and equipment for distribution of electric power, wastewater collectors, storm drains, overland storm water flow routes, sidewalks, pedestrian ways, bikeways, private roadways, and water mains at such locations and widths as determined by the city. The width of easements required for public wastewater collectors, storm drains, and/or water mains shall be as specified in the engineering design standards for the particular improvement adopted by the city. It is the policy of the city to locate all necessary utilities in the right-of-way or in easements abutting rear or side lot lines, except on double frontage lots. Deviations from this policy may be made when it is demonstrated that the utility is necessary and no practical alternative locations exist.

In any dedication of an easement, the city may prohibit or restrict building, fences, driveways, and other improvements; may enter for construction, reconstruction, replacement, repair, operation, and maintenance purposes; and will be held harmless for the cost of replacement or damage to any improvement or vegetation within the easement and may make any other appropriate or necessary requirements.

B. There shall be a 10-foot utility easement for municipal utilities along all right-of-way frontages; except when the setback is equal to or less than 20 feet, then the utility easement shall be equal to half the distance of the required setback per the zoning district.

C. Easements centered on rear lot lines shall be provided for utilities and drainage where necessary and shall be a minimum of 20 feet in total width unless otherwise required by the city engineer.

D. Where topographical or other conditions warrant side yard easements and easements across lots, easements at least 10 feet in total width shall be provided.

E. Lots and easements shall be arranged in such a manner as to eliminate unnecessary jogs or offsets and to facilitate the use of easements for power distribution, telephone service, drainage, water, and sewer services.

F. The property owner whose property is subject to such easements shall be responsible for its maintenance. The property owners shall keep the easement clear of any structure, debris, trees, shrubs, or landscaping whatsoever except that lawn grass, which shall be regularly mowed, and annual vegetation may be grown thereon.

CHAPTER 15A.09 WATER FACILITIES

15A.09.010 General requirements.

A. Necessary action shall be taken by the applicant to extend or create a water supply district for the purpose of providing a water supply system capable of providing domestic water use and fire protection.

B. Where a public water main is accessible, the subdivider shall install adequate water facilities (including fire hydrants) subject to the specifications of the city utilities department as shown on the final utility plan required in section 15A.05.010.

C. Water main extensions shall be approved by the city utilities department. If the water main is extended adjacent to property that will not participate in the initial construction cost of the water main, the developer shall submit to the city water department a cost recovery study based upon the actual construction costs showing the amount due from each property when a connection is made to the extended water main.

D. To facilitate the above, the location of all fire hydrants, all water supply improvements, and the boundary lines of proposed districts shall be shown on the preliminary water and sewer plan.

15A.09.020 Public water supply.

Land which is located over or adjacent to a water bearing stratum or water supply reservoir and which is designated as an area providing or supplementing a municipal water supply shall not be developed or subdivided for residential, recreational, commercial, or industrial purposes except when public water and sewer systems are provided.

15A.09.030 Design standards.

All water facilities including water mains, valves, fire hydrants, storage facilities, and pumping stations shall be designed in accordance with engineering design standards and are subject to the approval of the city engineer. All water facilities shall be designed in compliance with the engineering design standards.

CHAPTER 15A.10 SANITARY SEWERS

15A.10.010 Provided for each lot.

Each lot within a subdivision area shall be provided with a connection to an approved public sanitary sewer.

15A.10.020 Exceptions.

In areas where a public sanitary sewer is not reasonably accessible, but where plans, including the comprehensive plan, a facilities plan, or any other approved plan for the installation of sanitary sewers in the vicinity of the subdivision has been prepared, the subdivider shall install sewers in conformity to plans approved by the city engineer. In cases where a connection to an existing public sanitary sewer may not be immediately practical, a connection may be made to the gravity sewer system by the use of a lift station, constructed in accordance with the regulations and requirement set forth by the city engineer.

15A.10.030 Design standards.

All sanitary sewer facilities including gravity sewers, manholes, lift stations, and force mains shall be designed in accordance with standard accepted engineering practice and are subject to the approval of the city engineer. All sewer facilities shall be designed in compliance with the engineering design standards.

CHAPTER 15A.11 GRADING AND DRAINAGE

15A.11.010 Grading plan.

The final grading plan for the subdivision shall be submitted to and approved by the city engineer. The grading plan shall, as much as possible, be laid out to conform to the natural contour of the land.

15A.11.020 Drainage plan.

The final drainage plan for the subdivision shall conform to the city-approved master drainage plan. If a master drainage plan is not available for a proposed subdivision location and if the city deems it necessary, one will be conducted by the city on the drainage basin of which the proposed subdivision is part. No subdivision plans will be approved prior to completion and acceptance of the master drainage plan.

15A.11.030 Reserved.

Editor’s note—Ord. No. 5-02, § 2, adopted Jan. 14, 2002, repealed §§ 15A.10.030, 15A.10.040, which pertained to drainageway and detention pond dedication and additional information. See the Code Comparative Table.

15A.11.040 Reserved.

15A.11.050 Design standards.

All drainage facilities including storm sewers, on-site detention, drainageways, detention ponds, and drainage channels shall be designed in compliance with the currently approved engineering design standards and are subject to approval of the city engineer.

CHAPTER 15A.12 EROSION

15A.12.010 Specifications.

Measures used to control erosion on a development site shall meet the requirements of the Engineering Design Standards. Stripping of vegetation, regarding, and cut and fill operations should be kept to a minimum, as should the amount of land and the duration of exposure. Whenever feasible, development plans should be made in conformance with topography in order to create the least erosion potential. Similarly, as much as possible, natural vegetation shall be retained, protected, and supplemented. The city engineer shall require any further measures as necessary to prevent erosion on building sites and developments from depositing wastes or sediments on public streets or other property. Every effort shall be made to retain the natural vegetation on all ditches and drainageways. Ditches and drainageways will not be disturbed without the approval of the city engineer's office.

15A.12.020 Subdivisions and individual lots.

1. Land disturbing activities of one acre or more shall comply with Chapter 12 of the city's engineering design standards.

2. Individual lots within an approved subdivision or larger common plan of development or sale that have land disturbing activities of less than one acre shall comply with Chapter 12 of the engineering design standards until they are classified as a minor impact construction site by this chapter.

1. Individual lots involving less than one acre of disturbed area in an approved subdivision or larger common plan of development or sale shall not be considered a separate construction project, but rather as a part of the subdivision development as a whole. Such lots will be classified as minor impact construction sites if all the following conditions are met:

a. The subdivision or larger common plan of development or sale has been approved pursuant to the city's subdivision ordinance.

b. A notice of intent has been submitted and the subdivision has coverage under a SD general permit for storm water discharges associated with construction activity.

c. A SD storm water permit for the approved subdivision is maintained for the subdivision until all of the following are met:

(1) Substantial build-out of the property has been completed. The subdivision owner and developer shall determine whether to build-out the property by phase or entire subdivision. The subdivision owner and developer shall determine whether to meet the 90 percent build-out standard by lot or acreage. The subdivision owner and developer shall maintain documentation verifying how this build-out standard has been met prior to submitting a notice of termination of the general permit for storm water discharges associated with construction activity to the SD department of environment and natural resources.

d. The subdivision owner and developer has received approval of an erosion sediment control plan from the city.

f. The property owner has executed the city's notice of stabilization form or an approved alternate.

2. A minor impact construction site shall comply with Sections 12.1.3.3, 12.1.3.3.1., and 12.1.3.3.2 of the city's engineering design standards for public improvements. Any minor impact construction site in compliance with these three sections is exempt from all other provisions of Chapter 12 of the engineering design standards for public improvements.

1. Throughout build-out, a subdivision owner and developer shall implement and maintain best management practices (BMP) and conditions of the approved erosion and sediment control plan to control erosion and sediment problems on all property that has not been sold to another party or does not meet the specific conditions listed in this section.

2. Throughout build-out, a minor impact construction site owner and contractor shall implement and maintain the subdivision and individual lot BMP and conditions of the approved erosion and sediment control plan to control erosion and sediment problems on the individual lot that they own or upon which they build.

CHAPTER 15A.13 PRESERVATION OF NATURAL FEATURES AND AMENITIES

15A.13.010 Existing features.

Existing natural features which would add value to residential development or to the community as a whole, such as trees, water courses, and similar irreplaceable assets, should be preserved in the design of the subdivision.

15A.13.020 Sensitive natural areas.

Sensitive natural areas as shown on the comprehensive plan shall be reviewed with regard to the special character of the area taking into consideration harmonious design, environmental protection, and topographical restraints.

CHAPTER 15A.14 RURAL SUBDIVISIONS

15A.14.010 In general.

A. Premature subdivision of land is to be discouraged, due to unavailability of urban services, higher energy consumption, premature and excessive loss of agricultural land, and inefficient delivery of basic government services.

B. Where rural subdivisions are allowed in the joint jurisdictional boundary, their design standard and minimum improvements are the same as those required within the city limits except for the following [exceptions listed below.]

15A.14.020 Roads.

A. Specifications for roads shall be in accordance with the Sioux Falls Engineering Design Standards Manual.

B. Roads shall be designated on the plat as dedicated right-of-way or as private roadways. The responsibility for maintenance of all subdivision roads shall be certified on the plat or spelled out in a maintenance agreement to be filed with the plat.

C. All roads shall comply with other right-of-way and street naming requirements outlined in this ordinance.

15A.14.030 Lots and blocks.

A. Whenever a plat or preliminary plan is proposed having lots which are one acre or larger in size, the planning commission may require that said plat or plan shall show how such lots can be resubdivided into urban sized lots in the event the area is ever annexed into the city.

B. Lots fronting along an arterial road or a federal, state, or county highway shall be discouraged. Where they are allowed, shared drives may be required, or dedication of a frontage road between the arterial or highway and the lot shall be provided. Said road shall provide direct access to the adjoining property while limiting curb cuts along the major road. Approval shall be certified by the appropriate public entity for access onto all dedicated roads.

15A.14.040 Grading and drainage.

Driveways and drainage culverts shall be installed by the lot owner in accordance with the engineering design standards and approved by an applicable township, county, or state agency.

15A.14.050 Water supply.

If a public water system is not available, individual wells may be used, or a central water system provided in such a manner that an adequate supply of potable water will be available to every lot in the subdivision. All subdivisions shall require proof of an adequate water supply prior to issuance of any building permits.

15A.14.060 Sanitary sewers.

In areas where public sanitary sewers are not accessible and no plans for public sewers have been prepared, or where the connection to public sanitary sewer is impractical, individual sewer systems will be permitted provided they comply with the regulations set forth for septic systems by the appropriate state agency and any additional county requirements.

CHAPTER 15A.15 ASSURANCES FOR THE COMPLETION OF MINIMUM IMPROVEMENTS

15A.15.010 Assurances required.

A. Assurances for subdivisions within the city limits. No plats of any subdivision shall be approved unless the improvements required by this ordinance have been installed prior to such approval, or unless the developer shall have signed an assurance agreement to establish the responsibility for the construction of such improvements in a satisfactory manner and within a period specified by the city engineer, such period not to exceed three years. An extension to that three-year period may be granted at the discretion of the city engineer. This assurance agreement shall be recorded with the register of deeds at the time of filing the plat.

B. Assurances for rural subdivisions. No plat of any rural subdivision shall be approved unless the improvements required by this ordinance have been installed prior to such approval, or unless the developer shall have posted a surety bond or irrevocable letter of credit or acceptable cash deposit assuring completion of all required improvements.

No building permits shall be issued until assurances have been filed or all required road improvements have been completed.

APPENDIX 1. TO APPENDIX A.
CERTIFICATES FOR PRELIMINARY PLANS

Be it resolved by the City Council of the City of Sioux Falls, that the preliminary plan of (Subdivision Name) to the City of Sioux Falls is hereby approved and that the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon.

I, (Name) , the duly appointed, qualified and acting City Clerk of the City of Sioux Falls, South Dakota, hereby certify that the above resolution is a true and correct copy of the resolution adopted by the City Council of the City of Sioux Falls, at a meeting held on the ________ day of ________, 20_____.

Witness my hand as City Clerk and the official seal of the City of Sioux Falls, South Dakota.

I, (Name) , City Engineer of the City of Sioux Falls, do hereby certify that I did duly review and recommend approval of this preliminary plan on this ________ day of ________, 20_____.

I, (Name), City Director of Planning and Building Services of the City of Sioux Falls, do hereby certify that I did duly review and recommend approval of this preliminary plan on this ________ day of ________, 20______.

The City Planning Commission of the City of Sioux Falls approves the preliminary plan of (Subdivision Name) to the City of Sioux Falls and the same is recommended to the City Council of the City of Sioux Falls for approval.

If the preliminary plan is within the joint platting jurisdiction, the following certificates shall also be included.

The County Planning Commission of ________ County, approves the preliminary plan of (Subdivision Name) and that the same be certified to the County Commission of ________ County, with the recommendation that the preliminary plan of (Subdivision Name) , ________ County, be approved.

Be it resolved by the Board of Commissioners of ________ County, that the preliminary plan of (Subdivision name) , ________ County, is hereby approved and that the County Auditor is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon.

APPENDIX 2. TO APPENDIX A.
CERTIFICATES FOR PLATS AND REPLATS

I, (Name) , a Registered Land Surveyor of the State of South Dakota, do hereby certify that I did on or before (Date) , survey that parcel of land described as (Legal description) containing (Size) [and it is in all respects correct].

I, (Name) , do hereby certify that I am the owner of all land included in the above plat and that said plat has been made at my request and in accordance with my instructions for the purposes (Indicated herein) , and that the development of this land shall conform to all existing applicable zoning, subdivision, and erosion and sediment control laws, ordinances, and regulations. At this time, the zoning of the lots platted herein is as listed below and is subject to the Arterial Street Platting Fee where applicable. The applicable Arterial Street Platting Fee has been paid based on this zoning. Any future rezoning of these lots, which results in the lot or lots having a zoning classification with a higher per acre trip generator, will result in additional Arterial Street Platting Fees pursuant to City ordinance.

I hereby dedicate to the public for public use forever the streets, roads and alleys, parks, and public grounds, if any, as shown on said plat, including all sewers, culverts, bridges, water distribution lines, sidewalks, and other improvements on or under the streets, alleys, parks, and public grounds whether such improvements are shown or not. I also hereby grant easements to run with the land for water, drainage, sewer, gas, electric, telephone, or other public utility lines or services under, on, or over those strips of land designated hereon as easements.

I hereby waive any rights of protest to any special assessment program which may be initiated for the purpose of installation of improvements required by the Subdivision Ordinance of the City of Sioux Falls.

I, (Name) , also certify that ownership and maintenance of streets, roads and alleys, parks and other open space, private drainage easements, drainageways, and detention areas, if any, as shown on said plat, and any improvements thereto, shall be provided by the ________ Homeowner's Association except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. I also hereby grant easements to run with the land for water, drainage, sewer, gas, electric, telephone, or other public utility lines or services under, on, or over those strips of land designated hereon as easements.

I further grant and certify that the roadway shown as (Name of private road) is a private roadway easement which is hereby reserved as a permanent unobstructed access. Said street or road is for vehicular and pedestrian travel for the purpose of access to the abutting property. It is understood that the owner, their lessees and assignees, have the responsibility with respect to maintaining said private street or road. Said grant is to run with the land and shall remain in effect until such street or road is accepted for public declaration. The owners, their lessees and assignees, of the property platted as (Name of subdivision) , shall at their own cost and expense keep and preserve said private street or road at all times in a good condition of repair and maintenance, and clear of snow and other obstructions and neither erect nor permit erection of any improvements of any kind within said private street or road which might interfere in any way with the property maintenance, use, repair, reconstruction, and patrolling of said private street or road.

I further grant and certify that the roadway is a mutual access easement which is hereby created as a perpetual common unobstructed access in favor of the lots abutting on it. The easement is for vehicular and pedestrian travel over the roadway for the purpose of access to the abutting property. The owner, their lessees and assignees, shall maintain the easement area. They shall, at their own expense, keep the easement area in good repair and maintenance and clear of snow and other obstructions. No improvements of any kind may be erected within the easement area which might interfere in any way with the proper maintenance, use, repair, reconstruction, and patrolling of the mutual access easement. This covenant shall run with the land.

We hereby set aside Tract x as a common area for the purpose of access to a public way and for parking and loading for Tracts a through z. We further certify that the common areas shall be owned by the owners of Tracts a through z inclusive as tenants in common; and that Tracts a through z shall not be sold, transferred, or otherwise conveyed unless the instrument of conveyance for the Tract being transferred and conveyed also transfers and conveys all of that Tract owner's interest in Tract x.

I, (Name) , do hereby certify that this replat will not place any existing lot or building in violation of any applicable ordinance, code, regulation, law including but not limited to zoning, building, subdivision, and flood prevention.

I further certify that this platting of said described (New Subdivision Name) does hereby vacate the following platting:

(Legal description of old plat) on file at the Register of Deeds office in Book ________, page ________, said plat, hereby vacated, being situated within described (New Subdivision Name) as surveyed.

On this ________ day of ________, 20_____, before me, the undersigned officer, appeared (Name), known to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same for the purposes therein contained.

In witness thereof, I have hereunto set my hand and official seal this ________ day of ________, 20_____.

I, (Name) , City Engineer of the City of Sioux Falls, do hereby certify that this plat has been reviewed by me or my authorized agent and that this plat is recommended for approval by the City Commission. Signed on this ________ day of ________, 20_____.

Approval of the (Subdivision Name) , addition is hereby granted by the City Planning Commission on this ________ day of ________, 20________.

I, (Name) , City Director of Planning and Building Services of the City of Sioux Falls, do hereby certify that the current zoning is as listed below and that this plat has been reviewed by me or my authorized agent and that this plat is recommended for approval.

I, (Name) , Mayor of the City of Sioux Falls, do hereby certify that this plat has been approved by me or my authorized agent and that the City Clerk is hereby directed to certify the same thereon.

I, (Name) , the duly appointed, qualified, and acting City Clerk of the City of Sioux Falls, South Dakota, hereby certify that the certificates of approval are true and correct including the signature thereon, and that any special assessments which are liens upon the land shown in the above plat, as shown by the records in my office, on this ________ day of ________, 20_____, have been paid in full.

I, Treasurer of ________ County, South Dakota, do hereby certify that all taxes which are liens upon any land included in the above (and the foregoing) plats, as shown by the records of my office, have been fully paid.

I, Director of Equalization of ________ County, South Dakota, do hereby certify that a copy of the above plat has been filed at my office.

Filed for record this ________ day of ________, 20______, at ________ o'clock ________.m., and recorded in Book ________ of Plats on page ________.

* If the final plat or replat is within the extraterritorial platting jurisdiction of Lincoln County, the following certificate shall also be included:

Approved by the Lincoln County Planning Commission on this________ day of ________ 20_____.

* If the final plat or replat is within the extraterritorial platting jurisdiction of Minnehaha County, the following certificate shall also be included:

I, City Director of Planning and Building Services of Minnehaha County, do hereby certify that this plat has been reviewed by me or my authorized agent and has been approved.

I do hereby certify that the above certificate of approval is true and correct including the signature thereon.

APPENDIX 3. TO APPENDIX A.

THIS IS AN AGREEMENT made as of ________(DATE), between the City of Sioux Falls, South Dakota (CITY), ________(OWNER), and ________ (DEVELOPER). OWNER and DEVELOPER intend to make public and private improvements in order to develop ________ (DEVELOPMENT NAME).

OWNER, DEVELOPER, AND CITY, in consideration of their mutual covenants herein, agree in respect to the construction and acceptance of the improvements for the DEVELOPMENT as set forth below.

1. Construct and/or pay for the improvements required for the DEVELOPMENT in the Subdivision Ordinance, the Engineering Design Standards Manual for Public Improvements, and the Design Standard Plates of the City of Sioux Falls in accordance with the plans and specifications as filed with the City Engineer.

2. Complete all required improvements no later than two years after acquiring a construction permit, but no later than three years after filing of the plat. Time extensions may be granted by the City Engineer.

3. Pay all costs attributed to this land when and if the City makes a final determination as to the appropriate costs for any detention ponds benefiting this land.

4. File this Assurance Agreement with the plat in the office of the County Register of Deeds.

Improvements Required and Method of Payment (Owner/Developer—D, Special Assessment—SA, Not Required—NR):

CITY shall, upon satisfactory completion of DEVELOPMENT, including any and all warranty periods, accept and maintain all public improvements. Final acceptance of all improvements will be made upon final inspection and acceptance by the CITY.

Upon written notice, the Director of Public Works and the Director of Planning and Building Services may suspend or revoke any active city permits and/or deny issuance of further city permits or city inspections within any phase of subdivision development if utility infrastructure improvements within that phase of subdivision development have not been extended to the adjacent property, and development of that adjacent property is restricted.

Should the OWNER and/or DEVELOPER fail to fully complete the required improvements within the time or extensions thereof, of this Assurance Agreement, the CITY may complete any unfinished required improvements. All costs to the CITY related to the completion of any unfinished required improvements will be billed to the OWNER and/or DEVELOPER. Should the OWNER and/or DEVELOPER fail to pay for these improvements, the responsibility for payment shall fall to the abutting property which will be assessed for such improvements.

This Assurance Agreement is given for the benefit of the CITY and the purchasers of lots in the DEVELOPMENT.

On this ________ day of ________ 20_____, before me, the undersigned officer, personally appeared ________, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained.

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APPENDIX A SUBDIVISION ORDINANCE*