Chapter 34 SUBDIVISION OF LAND
Last updated October 1, 2019
34.010 Planning Commission
34.020 Purpose of Subdivision Regulations: Approval of Plats
34.050 Design Standards
34.070 Specifications for Plats
34.110 Vacation of Plats
34.120 Vacation of Easements
Section 34.010 Planning Commission
The planning commission of the City of Dickinson is hereby authorized and empowered to review and approve or disapprove the subdivision and platting of land within the city limits of the City of Dickinson and its extra-territorial jurisdiction. Such extra-territorial jurisdiction shall include all of that area set forth in the Dickinson Municipal Code §39.01. (Ord No. 1541 § 1; Ord No. 1684 § 1)
Section 34.020 Purpose of Subdivision Regulations; Approval of Plats.
As each new subdivision of land in the City becomes a permanent unit in the basic structure of the expanding community, to which the community will be forced to adhere, the design and arrangement of such subdivisions must correlate to the unified scheme of community interests. In order to provide for the proper arrangement of streets in relation to other existing and planned streets, and to the master plan of the City of Dickinson; to provide for adequate and convenient open spaces, for recreation, for light and air; in order to avoid congestion of population; in order to provide for traffic, for utilities, for access of fire-fighting apparatus; in order to promote, preserve and enhance area natural resources; in order to provide for and improve the public health, safety and general welfare of the City of Dickinson, the following rules and regulations for the platting and subdivision of land within the City of Dickinson and adjacent territory have been adopted by the Planning Commission of the City of Dickinson, in accordance with the laws of the State of North Dakota and the ordinances of the City of Dickinson.
Every piece of land proposed for division within the City or within the City’s extraterritorial area shall be prepared, presented for approval and recorded as described in this Chapter. This chapter applies to the platting of land into a single parcel, the subdivision of a lot or parcel of land into two or more lots, or other division of land for the purpose of sale or development, whether immediate or future, including the resubdivision or replatting of lots. No plat of a subdivision of land within the City of Dickinson or within the adjacent territory as subject to subdivision regulations of the City of Dickinson, shall be filed or recorded until it shall have been approved by the Planning Commission of the City of Dickinson and such approval entered in writing on the plat by the chairman and secretary of the City Planning Commission. Such subdivision plats must be prepared in accordance with provisions of Chapter 40-50 of the North Dakota Century Code. The filing of a plat of irregular description in accordance with Chapter 57-02-39 of the North Dakota Century Code does not meet the requirements of this Chapter. However, the division of land zoned Agricultural into parcels of ten (10) or more acres not involving any new street or easement of access shall be exempted from these regulations, except as to the rezoning of property. (Ord No. 1541 § 1; Ord No. 1684 § 1)
Section 34.030 Definitions.
The following definitions represent the meanings of terms as they are used in these regulations:
Addition: A parcel of land that, when subdivided is or will be annexed into a municipality.
Alley: A public right-of-way generally designed to provide secondary access to the side or rear of a property whose principal frontage is on another street.
Applicant: An owner, developer, or subdivider submitting an application to divide property pursuant to this Ordinance.
Block: A tract of land entirely surrounded by public streets, by streets and the exterior boundary of the subdivision, by other blocks, or a combination of the above with a physical or man-made land barrier.
Collector Road: Roadway which provides traffic movements between local roads and arterial roads and also provides direct access to abutting property. Collectors are often only two-lane roads but should be planned and designed to minimize on-street parking and direct driveway access.
Condominium Owner’s Association: An owners association comprised of condominium owners. Condominium owners own their individual units and have joint ownership in the building and grounds with other units (COA). COA fees not only cover common areas but the fees also cover building repairs and maintenance.
Concept Plan: A generalized plan indicating the boundaries of a parcel or parcels under common ownership, and identifying proposed land uses, land use density or intensity, and thoroughfare alignment.
Cul-de-Sac: A turnaround at the end of a dead end street.
Dedication: A grant of land to the City or another public agency for a public purpose.
Development: The act of building, engineering, excavation, or other operations in, on, over, or under land or the making of any material change in the use of any building or other land or the subdivision of land into two or more lots or tracts.
Development Plan – A conceptual land use plan focused on one or more sites within an area intended to guide growth and development.
Drainage: The removal of surface or ground water from land by drains, gravity, or other means.
Drainage Easement: An easement required for the installation of storm water sewers or drainage ditches, or required for the preservation or maintenance of a natural stream or water course or other drainage facility.
Drainage System: The system through which water flows from the land.
Driveway approach: That part of any driveway or road approach to property provided for the passage of motor vehicles which lies between the traveled portion of a street and property line of an abutting property. “Approach” is a shortened version on this term.
Easement: A grant of one or more of the property rights by the property owner to the public, a corporation, or another person or entity.
Final Approval: The final action of the Board of City
Commissioners, upon a recommendation by the Planning and Zoning Commission
,. Final Approval follows the completion of detailed
engineering plans, negotiation of subdivision agreements, posting of required
guarantees, and other approvals of this Ordinance.
The filing of a subdivision with the Stark County Recorder and the conveyance of individual parcels and lots to subsequent owners shall not occur until the city commission grants final approval.
Frontage: The length of the property line for a single parcel which runs parallel to and along each public right-of-way (exclusive of alleys) it borders.
Functional Classification: The process by which streets and highways are grouped into classes, or systems, according to the character of service they are intended to provide.
Grade: The slope of a street or other public way, measured parallel to the centerline, is defined as a percentage or ratio of vertical change in elevation to horizontal change in distance.
Home Owners Association: A home owners association (HOA) is formed by a developer and pertains to a specific subdivision or project. The association provides the framework for the future maintenance of the development’s common grounds, amenities and facilities, for instance a pool; clubhouse or common area landscaping. All homeowners are compelled to follow the codes, covenants and restrictions (CC&Rs) governing the development and pay association dues.
Improvement: A public improvement consisting of any sanitary sewer, storm sewer, drainage ditch, water main, roadway, street grading and surfacing, sidewalks, planting strips, crosswalks, off-street parking areas, park or greenway, trail, trees, lighting or any other facility for which the city may ultimately assume operational responsibility.
Intersection: A place of joining or crossing of streets.
Interstate: Roadway which provides rapid movement of large traffic volumes between major population centers and other arterials. Interstates are multi-lane divided highways with grade separations at all crossroads, full access control and no parking. The locations of roadways classified as interstates shall be as designated on the most recent edition of the North Dakota Department of Transportation functional classification map.
Local Road: Roadway whose primary function is to provide access to abutting property. Local roads are usually two-lane roads with parking and direct access to adjacent lands.
Lot: One unit of a recorded plat or subdivision or a portion of land considered as a unit and occupied or to be occupied by a building and its accessory buildings and including as a minimum such open spaces as required by other city ordinances and having frontage on a public street.
Lot, Corner: A lot abutting on and at the intersection of two or more streets.
Lot, Double Frontage: A lot, other than a corner lot, having frontage on two streets. Access shall be provided on a double frontage lot to the minor of the two streets or to the front lot line as determined at the time of platting.
Lot, Interior: A lot other than a corner lot.
Lot Area: The number of square feet or acres that covers a lot.
Lot Line: A property boundary line of record that divides one lot from another lot or a lot from the public or private street rights-of-way or easement.
Lot Line: The lot lines separating a lot and a public or
private street right-of-way or easement.
- For an interior lot, the lot line separating the lot from the right-of-way or easement.
- For a corner lot, the shorter lot line abutting a public or Private Street or easement. The Subdivision Administrator shall determine the front lot line, or as may be noted on a final plat.
- For a double frontage lot, the lot lines separating the lot from the right-of-way or easement of the more minor street. In cases where each street has the same classification, the Subdivision Administrator shall determine the front lot line, or as may be noted on a final plat.
- Rear Lot Line: The lot line which is opposite and most distant from the front lot line.
- Side Lot Line: Any lot line that is neither a front or rear lot line. A side lot line separating a lot from a street, or private way, is a street side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
Lot Modification: An administrative lot line adjustment, lot split or lot combination as defined herein as an adjustment of an existing lot line by relocation of a common boundary.
a.) Lot Combination: An administrative combination of two (2) or more platted lots into a lesser number of lots whose boundaries coincide with the lot lines shown on the recorded plat of the subdivision that meets the following criteria:
1) Does not involve the vacation of existing easements; and
2) Does not involve lots within more than one zoning classification
b.) Lot Line Adjustment: An administrative adjustment of an existing platted lot line between two (2) adjoining lots by relocation of a common boundary that meets the following criteria:
1) Does not involve lots within more than one zoning classification;
2) Is not one lot line adjustment in a series of lot line adjustments proposed for contiguous lots as a way to circumvent the proper subdivision plat process;
3) Both of the resulting parcels conform to the minimum lot area, width and depth for the zoning district in which the property is located, or will when combined with an adjacent parcel as part of the same lot modification action; and
4) The resulting parcels can be legally described with no more than two (2) directional descriptors (e.g. the north 100 feet of the west 200 feet of Lot 1, Block 1, ABC Addition). For lot line adjustments between irregularly-shaped parcels or to transfer an irregularly-shaped portion of a lot to an adjacent land owner, the Administrator or designee may waive this requirement, provided the resulting parcels can be legally described as the original lot number combined with a letter (e.g. Lot 1 would become Lots 1A, 1B and 1C);
c.) Lot Split: An administrative division of a previously platted lot into not more than four (4) lots that meets the following criteria:
1) The lot split does not involve the creation of new utility easements or improvements;
2) The lot split does not require the dedication of public rights-of-way for the purpose of gaining access to the property; minor dedications maybe allowed by the City Engineer;
3) All parcels conform to the minimum lot area, width and depth for the zoning district in which the property is located;
4) The resulting parcels can be legally described with no more than two (2) directional descriptors (e.g. the north 100 feet of the west 200 feet of Lot 1, Block 1, ABC Addition). For an irregularly-shaped lot, the Administrator or designee may waive this requirement, provided the resulting parcels can be legally described as the original lot number combined with a letter (e.g. Lot 1 would become Lots 1A, 1B and 1C), and provided that any line dividing the parcel along a common wall is a straight line from the front property line to the back property line among the common wall; and
5) The property has not previously been divided through the lot split provisions of this ordinance.
Lot Width: The horizontal distance measured along the front lot line.
Major Maintenance: Any maintenance that is beyond the normal, routine upkeep of an asset. It allows the asset to reach its useful service life or to extend that life.
Main: The principal artery of a system of continuous piping which conveys fluids and to which branches may be connected.
Minor Arterial: Roadway which provides through traffic movements between areas and links collectors with other arterials. Minor arterials usually have two to four lanes and may be divided or undivided roads, preferably with little or no parking, and limited access.
Monument: An identification marker established by a registered land surveyor at each section corner, block corner, lot corner, or other point as required by this ordinance and North Dakota State Law.
Notify: The mailing of a written notice to the address on record with the City Assessor or Stark County Auditor, to be provided by applicant.
Off-Site: Located outside the boundaries of the parcel that is the subject of an application.
Open Space: Any parcel or area of land or water that is essentially retained in an open state and set aside for public or private use.
Parcel: A continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.
Parking, Off-Street: Space located outside of any street right-of-way or easement and designed to accommodate the parking of domestic vehicles.
Pedestrian Way: A public or private right-of-way or easement across or within a block to provide access to be used by pedestrians. A pedestrian way may also be used for the installation of public utilities.
Plat: A map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision, and other information in compliance with the requirement of all applicable sections of this chapter, state statutes and of any local ordinances, and may include the terms “replat” and “amended plat.”
Plat of Irregular Description: A plat made for taxation purposes at the request of the County Auditor in accordance with NDCC §57-02-39. Such a County Auditor’s plat is not platting pursuant to NDCC §40-50.1, but rather is made for the convenience of tax officials in describing property on the tax rolls.
Principal Arterial: Roadway which provides for rapid movements of relatively large traffic volumes between large land areas, major traffic generators and other arterials. Principal arterials should have controlled access and are usually multi-lane roads with no parking.
Property Owner’s Association: A governing body that encompasses HOAs and COAs. Its primary purpose is to be supportive of other associations and their members. Members are not only homeowners but may also be business owners or property managers who contribute to the real estate industry.
Right-of-Way: Land dedicated, deeded, used or to be used, for a street, alley, walkway, boulevard, drainage facility, access for ingress, egress or other purpose by the public, certain designated individuals or governing bodies.
Sidewalk: A paved path provided for pedestrian use, usually located at the side of and detached from a road, but within the right-of-way.
Storm Sewer: A conduit which conducts storm drainage from a development or subdivision, ultimately to a drainage system or stream.
Stormwater: Flow of rainwater or melted snow that runs off streets, lawns and other sites into storm drains and drainage ditches.
Stormwater Major Maintenance– Major maintenance shall include, but not necessarily be limited to, maintenance of existing structures, cleaning of sediment and maintenance of access.
Stormwater Management Plan: That part of a Site Development Plan that shows existing and proposed drainage patterns, together with adequate justification that the flow rates will be less than or equal to predevelopment flow rates.
Street: Any access way such as a street, road, lane, highway, avenue, boulevard, parkway, viaduct, circle, court, terrace, place or cul-de-sac and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such street, whether improved or unimproved, but shall not include those access ways such as easements and rights-of-way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers, and easements or rights-of-way of ingress and egress.
Street Hierarchy: The conceptual arrangement of streets based on function. The hierarchical approach classifies streets from local, which provide private access to a limited number of lots, to arterials, which accommodate large volumes of high-speed, regional traffic. Street types contained within the hierarchy include:
- Local Road
- Collector Road
- Minor Arterial
- Principal Arterial
Subdivision: The division of a tract or parcel of land
into record lots for the purpose, whether immediate or future, of sale or of
building development, including any plat or plan which includes the creation of
any part of one or more streets, public easements, or other rights-of-way,
whether public or private, for access to or from such lots, and/or including
the creation of new or enlarged parks, playgrounds, plazas or open spaces. However, the division of land
parcels of forty (40) or more acres not involving any new street or easement of
access shall be exempted from these regulations. Federal, state and local
jurisdictions, public utilities and telecommunications are exempt from this
Chapter, but are required to dedicate rights-of-way along abutting roads if
determined necessary by the appropriate jurisdiction. This provision does not include
administrative or general office buildings.
Subdivision Administrator: The Subdivision Administrator shall be the City Administrator, or designee, who is responsible for the following:
- Enforcing and administering this ordinance;
- Reviewing concept plans, preliminary plats, and final plats for conformance with the regulations of this ordinance;
- Providing proper notice of public hearings for subdivision approval as established in this ordinance;
- Submitting reports to the Planning and Zoning Commission regarding conformance of proposed plats with these regulations, other applicable ordinances and status, and the Comprehensive Plan; and
- Providing and maintaining public information relative to matters pertaining to this chapter.
Subdivision Plat, Major: Any subdivision, platted pursuant to Chapter 40-50.1 NDCC, that does not meet the definition of a minor subdivision.
Subdivision Plat, Minor: A subdivision, platted pursuant to NDCC §40-50.1, that meets all of the following criteria:
- Does not require the dedication of public rights-of-way or the construction of new public streets or public infrastructure;
- Does not land-lock or otherwise impair convenient ingress and egress to or from the rear or side of the subject tract or any adjacent property;
- Does not violate any local, state or federally-adopted law, ordinance, regulation, plan or policy.
4. Consists of four lots or less (Ord No. 1545 § 1)
Tangent: A straight line departing from a curve which is perpendicular to the radius of that curve.
Traffic Impact Study: An analysis or study of how any use, plan or development will affect traffic in a surrounding area.
Utility: A community service available to the general public, including but not limited to electricity, telephone, cable television, water supply, gas and sanitary sewers.
Utility Easements: All platted easements within the City of Dickinson or its extra-territorial jurisdiction.
Vacation-The City’s termination of, or the termination of the public’s interest in, a street, alley, or subdivision. Requests for vacations are reviewed in a public hearing by the Planning Commission with final approval by the City Commission.
Variance: A relaxation of the dimensional regulations of the code where such actions will not be contrary to the public interest and where, owning to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of this code would result in unnecessary and undue hardship. Requests for variances to these subdivision regulations shall be heard and considered by the City Planning Commission.
Zoning District: Areas of land or water, whose boundaries are indicated on the Zoning Map, within which all properties are regulated by the general regulations of this Code and the specific regulations of the individual district. (Ord No. 1541 § 1; Ord No. 1684 § 1)
Section 34.040 Procedure.
- Preliminary Steps:
- Prior to preparing any subdivision plat for submittal, a pre-application meeting between the applicant and the Planning Director shall occur. As part of the pre-application meeting the Planning Director shall indicate, on an agency checklist provided by the City, those agencies the applicant shall meet with to discuss the proposed plat, consistency of the plat with City policies and plans, the overall concept plan for the area, extension of municipal utilities to service the plat, compliance with the transportation master plan, and storm water management issues.
- It will be the duty of the planning commission to discourage the subdividing of lands that are far in advance of the needs of the community; that by their location cannot be efficiently served by public utilities, fire protection, police protection or other municipal services; that are located in areas subject to flooding; that are located in areas that would adversely impact water quality and environmentally sensitive lands; that are topographically unsuitable for development; or that for any other reason are being unwisely or prematurely subdivided. It shall also be the duty of the planning commission to encourage the replatting of lands deemed to be unsatisfactorily subdivided or which represent an obstacle to the orderly and efficient growth of the city. It shall also be the duty of the planning commission to encourage the coordinated platting of adjacent parcels of land. It shall also be the duty of the planning commission to discourage development plans that would include unnecessary or wasteful public infrastructure.
- The planning commission may require the submittal of a development plan that would include the following:
- Location of existing property lines, buildings, drives, streams, wooded areas and other significant natural features;
- General layout of proposed streets and location of blocks for designated uses;
- Location of open spaces and facilities for public uses;
- Existing drainage pattern based on the available topographic information from the U.S. Geological Survey maps and other similar information; and
- Any additional information as requested by the Planning Commission.
- Lot Modifications – (Lot Line Adjustments, Lot Splits and Lot Combinations):
- The purpose of this subsection is to provide for approval of lot modifications that meet specific criteria and for the waiver of standard platting requirements specified elsewhere in this Chapter. This process is intended to facilitate the further division of previously platted lots, the combination of previously platted lots or for the adjustment of an existing lot line by relocation of a common boundary.
- Any person having a legal interest in the property may file an application for a lot modification. For an adjustment of an existing lot line, an affidavit from all affected property owners indicating their consent must also be submitted.
- An application for a lot modification shall be submitted to the City Planning Director, along with the applicable fee; a certificate of survey prepared by a registered land surveyor showing the parcel or lot, the proposed modification, and all existing building or structures; a legal description of the original parcel, and a legal description of the resulting parcel(s).
- Applications for lot combinations and lot line adjustments in all zoning districts and for lot splits in all zoning districts will be reviewed by the City Planning Director in consultation with the City Engineer or designee. No hearing or review by either the Planning and Zoning Commission or City Commission shall be required.
- Minor Subdivision Plat (Preliminary/Final)
- The purpose of this subsection is to provide for an expedited review and approval process that meets the criteria for a minor subdivision plat. Subdivision plats that do not meet the criteria shall be considered major subdivision plats.
- The applicant shall apply in writing to the City Administrator or designee for approval of a minor subdivision plat by the specified application deadline and on the proper form. All current owners of property within the plat shall sign or ratify the application form. The agency checklist from the presubmittal meeting, as well as written agency responses, shall be part of the complete submittal package.
- The number of prints of the minor subdivision final plat as indicated on the current application form shall accompany the application for approval. The minor subdivision final plat shall comply with the provisions of Section 34-070, as listed in the Development Application, and any other documentation and/or studies as deemed necessary by the City Administrator or designee or as indicated on the predevelopment checklist, and/or as required by state law.
- Application Requirements
- After the concept plat conference, the applicant shall prepare and
submit an application for minor plat approval.
The application for
preliminaryminor plat approval shall be submitted to the SubdivisionCity Administrator or designee for a regular submittal application. The application shall consist of a form established by the City Administrator or designee; the supporting documents required for Minor Subdivisions; and payment of a fee, the amount of which shall be determined by the City Commission.
- The City Administrator or designee may determine the minor plat shall be processed with one public hearing before the Planning Commission and final approval by the City Commission. The City Administrator or designee shall give notice of a public hearing on such proposed subdivision by advertising the time and place of such hearing in a newspaper of general circulation in the City of Dickinson once each week for two (2) consecutive weeks prior to the date of such hearing. Not less than ten (10) days prior to date of the scheduled public hearing, the City shall notify all known property owners within three hundred (300) feet of the proposed minor subdivision plat. The failure of such property owners to actually receive the notice shall not invalidate the proceedings. The public hearing may be held at any regular or special meeting of the Planning and Zoning Commission.
- After a public hearing, the Planning Commission may act upon the
request for minor subdivision plat approval.
If the Planning Commission approves the minor subdivision plat, such
approval will be entered upon the tracing and will be signed by the Secretary
of the Planning and Zoning Commission (City Planning Director) and the Chair of
the Planning and Zoning Commission. If
the Planning and Zoning Commission
disapproves the subdivision, such action, together with the reasons therefore,
will be entered in the official records of the Planning and Zoning Commission
and the applicant shall be so notified.
- Legal acceptance of any dedicated streets, alleys or other public lands shall not occur until the plat is recorded.
- Following final approval by the Board of City Commissioners, a plat in recordable form shall be furnished to the City Administrator or designee within three hundred and sixty-five (365) days following approval. The City Administrator or designee may grant extensions in thirty (30) days increments for good cause shown in writing. Upon review and obtaining required signatures, the City Administrator or designee shall file and record the original signed minor subdivision plat with the Stark County Recorder. The applicant shall provide the City with recordation fees prior to final recordation. All required dedications shall be recorded at the same time.
- Major Subdivision Preliminary Plat
- The applicant shall apply in writing to the City Administrator or designee for preliminary approval of a major subdivision plat by the specified application deadline and on the proper form. All current owners of property within the plat shall sign or ratify the application form.
- Application Requirements.
- After the concept plat conference, the applicant
shall prepare and submit an application for preliminary plat approval no later than the first
Friday of every month and on the proper forms
- The preliminary plat application shall include a draft of a subdivision agreement, following a format established by the City. The subdivision agreement establishes the mutual responsibilities of City and developer, including financing of public improvements; the nature of performance bonds and guarantees that the developer will offer; and the financing arrangements proposed for the subdivision. The City Administrator or designee may waive this requirement for good cause shown. The plat shall comply with the provisions of Section 34-70 and the engineering development application checklist.
- For a proposed subdivision plat, a preliminary
utility servicing plan is also required.
This preliminary utility servicing plan shall include
:those items listed in the engineering development application checklist.
- All areas proposed for development shall be platted to the edge of the property with all undevelopable land included within the plat, (subject to discussion and agreement by the landowner and the City).
- Land determined by the applicant and City to be undevelopable and/or needed for stormwater purposes shall be shall be included in adjoining platted lot(s) as a stormwater easement that is privately owned, with only major maintenance by City. The amount of property taxes and special assessments for these areas will be determined by the City based on the level of benefit and the value of the land or;
- Land needed for stormwater tracts should be platted as separate tracts. Intent of ownership of the tracts should be approved by the City and declared on the plat in a note; or platted as a separate tract(s) that is owned and maintained by the Dickinson Parks and Recreation Department (subject to their agreement) as a natural area, or platted as a separate tract(s) that is owned and maintained by the Dickinson Parks and Recreation Department, (subject to their agreement) and including a City-maintained stormwater easement; or
- Any combination of the above options.
- Undevelopable land will be maintained as a natural area unless a stormwater easement is present and the easement requires major maintenance. Major maintenance shall include, but not necessarily be limited to, maintenance of existing structures, cleaning of sediment and maintenance of access.
- The Planning Commission shall approve, approve conditionally, table or disapprove such preliminary major subdivision plat. If approved with modification or waiver of certain requirements by the Planning Commission, the reasons therefore shall be specified. If approved conditionally, the conditions and reasons therefore shall be specified. In any conditional approval, the Planning Commission may require the subdivider to submit a revised preliminary major subdivision plat. If disapproved, the reasons for that action shall be stated, and if possible, the Planning Commission shall make recommendations on the basis of which the proposed subdivision may be approved.
- The action of the Planning Commission shall be entered on the official records of the Planning Commission, including any conditions imposed and the reasons for any disapproval of a preliminary major subdivision plat.
- Approval of a preliminary major subdivision plat by the Planning Commission is not an acceptance of the major subdivision plat for record, but is rather an expression of approval of a general plat for the final approval and recording upon fulfillment of all requirements of these regulations.
- Approval shall be effective for a maximum period of twelve (12) months, unless upon application by the subdivider, the City Administrator or designee grants an extension. If the final major subdivision plat has not been submitted for final approval within this time limit, a preliminary major subdivision plat must again be submitted to the Planning and Zoning Commission for tentative approval.
- Final approval – Major Subdivision Plats
- The applicant shall apply in writing to the City Administrator or designee for final approval of a major subdivision plat by the specified application deadline and on the proper form. All current owners of property within the plat shall sign or ratify the application form.
- The final plat shall comply with the provisions of Section 34-70 the engineering development application checklist as well as the following:
- Either a copy of a current title insurance policy or a current attorney’s opinion of ownership, running to the benefit of the City of Dickinson; and
- A written statement that addresses preliminary plat conditions of approval or requirements recommended by the Planning and Zoning Commission as well as any differences between the recommended preliminary plat and the proposed final plat.
- For proposed subdivision plats located within
the City’s extra-territorial area, an assurance of completion of the required
,(in a form acceptable to the Planning Commission) ,shall be required only if such improvements are not constructed and accepted prior to recording of the plat.
- For plats proposed within the Urban Service Area Boundary, the following shall be submitted if required by the City Administrator or their designee:
- Grading plans for both rural section roadways to
be constructed to serve the rural lots and future urban roadway sections to be
constructed to serve
the ghost plattedfuture urban lots.
ii. Master plans for the future extension of municipal water and sewer facilities to future urban lots.
Requirements. The application for final plat approval shall be submitted to the
Planning Director no later than the first Friday of each month for the
following month’s Planning and Zoning Commission meeting at which the
application will be considered. The application shall consist of a form
established by the Planning Director; the supporting documents required for
Major Subdivisions; and payment of fees, the amount of which shall be
determined by the City Commission. Along with all updated agency comments
required for submittal from the City of Dickinson Development application
checklist. The final plat application
shall include a proposed final version of a Development
Agreement, following a format or template established by the City. The Development
Agreement (DA) establishes the mutual responsibilities of city and
developer, including financing of public improvements; the nature of
performance bonds and/or the financing arrangements proposed for the
subdivision, equal to
160%130% of the applicant’s estimate of the cost of required infrastructure to be affirmed by the City Administrator or designee as well as the cost of any additional review and inspection fees incurred as part of development as listed in Section 34.060 . Requests outside the city limits may require an Urban Service Boundary application and annexation request.
- The City Administrator or designee shall give notice of a public hearing on such proposed subdivision by advertising the time and place of such hearing in a newspaper of general circulation in the City of Dickinson once each week for two (2) consecutive weeks prior to the date of such hearing. Not less than ten (10) days prior to date of the scheduled public hearing, the City shall attempt to notify all known adjacent property owners within three hundred (300) feet of the proposed major subdivision plat. The failure of adjacent property owners to actually receive the notice shall not invalidate the proceedings. The public hearing may be held at any regular or special meeting of the Planning and Zoning Commission.
- After a public hearing, the Planning and Zoning Commission may act upon the request for final approval. If the Planning and Zoning Commission approves the subdivision, such will be a recommendation of approval to the Board of City Commissioners. If the Planning and Zoning Commission disapproves the subdivision, such action, together with the reasons therefor will be entered in the official records of the Planning and Zoning Commission and the subdivider shall be so notified.
h. A final major subdivision plat that is approved by the Planning and Zoning Commission will be recommended for approval to the Board of City Commissioners. Following final approval by the Board of City Commissioners, a plat in recordable form shall be furnished to the City Administrator or designee within one hundred and eighty (180) days following approval. The City Administrator or designee may grant extensions in thirty (30) day increments for good cause shown in writing. Upon review and obtaining required signatures, the City Administrator or designee shall file and record the original signed final major subdivision plat with the Stark County Recorder. All final plats shall be provided digitally formatted to the City of Dickinson’s current computer-aided drafting and geographic system software and policy, including coordinate system ties as defined within this zoning ordinance. The applicant shall provide the City with recordation fees prior to final recordation. (Ord No. 1541 § 1; Ord No. 1684 § 1 )
Section 34.050 Design Standards.
1. Streets and alleys
- The arrangement, character, extent, width, grade, and location of all streets shall conform to the City’s road standards and shall be considered in relation to existing and planned streets, to topographical conditions, and to the proposed uses of lands to be served thereby.
- Where it is not shown on the road master plan, the arrangement of streets in a subdivision shall:
- Provide for the continuation or appropriate projection of existing arterial and collector streets in surrounding areas; or
- Conform to a plan for the neighborhood approved
or adopted by the Planning Commission to meet a particular situation where
topographical or other conditions make continuance of or conformance to
existing streets impractical.
- Provide a minimum of two (2) points of ingress and egress:
- Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Commission shall limit access to the arterial street and may require reverse frontage of lots with a screen planting contained in a non-access reservation along the rear property lines, deep lots with rear services alleys, or other treatment that it deems advisable to limit such access and to give adequate protection to residential properties and to afford separation of through and local traffic.
- Non-access lines shall be placed along all arterial streets and intersections thereof with the dimensions of same to be approved by the planning commission.
- Street jogs should be avoided, but if intersections cannot be aligned they should be separated by a minimum of 300 feet.
- A tangent at least one hundred (100) feet long shall be introduced between reverse curves on arterial and collector streets.
- When connecting street lines deflect from each other by more than five (5) degrees, they shall be connected by a curve of adequate radius to insure clear visibility for vehicles.
- Intersecting streets shall be laid out at as nearly right angles as possible, and no such angle of intersection shall be less than seventy-five (75) degrees.
- In all areas within the corporate limits of the City of Dickinson, unless otherwise shown on the Dickinson Comprehensive Plan and Transportation Plan, right-of-way and roadway widths shall be as follows:
|Functional Classification||Minimum Right-of-Way (in feet)||Typical Roadway Width (in feet)|
If demonstrated by the applicant that special circumstances exist, the City Administrator or designee may adjust minimum required right-of-way widths.
- In all areas approved as rural roadways, unless otherwise shown on the master plan, right-of-way and roadway widths shall be as follows:
|Functional Classification||Minimum Right-of-Way (in feet)||Typical Roadway Width (in feet)|
If demonstrated by the applicant that special circumstances exist, the County Engineer or County Road Superintendent may adjust minimum required right-of-way widths.
Private streets shall meet, or exceed, the requirements of the city engineering and fire codes and shall not become a city maintenance liability. Each private street shall be evaluated by the city prior to installation. A Home Owners Association and/or business association shall be established by the developer to accept all future maintenance reasonability.
- Half-streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with the other standards of these regulations, and where the Planning Commission finds it will be practicable to require the dedication of the other half-street when the adjoining property is subdivided. Wherever there exists a half-street adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.
Dead-end streets longer than 150 feet shall be prohibited except where an acceptable turnaround is provided as required by the city fire code.
- The use of cul-de-sac streets shall be limited in order to promote a well-connected street network that provides for safe, direct and convenient access by vehicles, bicycles, and pedestrians. Cul-de-sac streets may be permitted in instances where there is no reasonable opportunity to provide for future connections to adjoining streets, including natural barriers such as topography or water features, man-made barriers such as railroad tracks, or to discourage through traffic between incompatible land uses. Detailed written justification for the use of cul-de-sac streets in proposed subdivision plats shall be provided as part of the plat application process. In such cases where cul-de-sacs are accepted by the City, the following standards shall apply:
- The maximum overall length of a cul-de-sac shall be seven hundred-fifty (750) feet. The minimum throat length of a cul-de-sac shall be two hundred-thirty (230) feet. Such lengths shall be measured from the centerline intersection with the through street to the center point of the turnaround.
- The minimum drivable pavement diameter shall be 96 feet. Additional diameter may be necessary if required for municipal emergency service equipment. Right-of-way distances beyond required pavement shall be consistent with the connecting and/or adjacent road.
- Access easements may be required to provide current and/or future access connections from the turnaround terminus area to other streets, schools, neighborhood activity centers, or open space areas. Such access easements shall be included in a maintenance agreement with either a neighborhood association or governmental entities, subject to review and approval by the City and recorded as part of the subdivision plat approval process.
- Islands or medians within a cul-de-sac are subject to the following standards:
- Maintenance. Landscaped islands or medians shall be permitted provided a private association assumes responsibility for curb and landscape maintenance as well as other items identified in the development agreement. Maintenance agreements shall be reviewed and approved by the City and recorded as part of the subdivision plat approval process and included in draft protective covenants establishing an HOA or a POA.
- Parking. Islands and medians may provide off-street parking areas. All such parking shall be subject to review and approval by the City.
- Snow storage. Islands or medians, including any adjacent parking area shall be available for snow storage purposes by the City.
- The design of such proposed islands or medians shall be subject to review and approval by the City during the subdivision plat approval process.
- Landscaping within islands or medians shall be subject to the City’s landscape permit approval process.
- No street names will be used that will duplicate or be confused with the names of existing streets. Streets that are now or will eventually be continuations of existing streets shall be called by the names of the existing streets. The City shall be entitled to require specific street names within or outside of any subdivision.
- All streets shall have a grade of not less than
three-tenths (0.3)four-tenths (0.4) per cent. No arterial street shall have a grade in excess of five (5)six (6) per cent, and no other street shall have a grade in excess of eight (8) per cent except that roadways with grades not meeting these standards may be allowed where topography makes it impossible to meet normal standards. Intersection legs that will have stop controlled conditions should attempt to have a grade between 0.5 percent and 3.0 percent for a distance of 150 feet as measured from the center of the intersection. Roundabout intersections shall have grades between 0.5 percent and 3.0 percent through all portions of the roundabout.
- On rural road sections the following standards shall apply:
- Adequate culverts shall be installed to handle all drainage, with a minimum size of eighteen (18) inches in diameter or equivalent. The owner shall present to the engineer of the appropriate jurisdiction two (2) copies of a report proposing the size, type, and location of all drainage structures. All drainage structures shall conform to current North Dakota Department of Transportation standard specifications. For drainage structures with drainage areas of over five (5) acres, the report shall include acceptable engineering calculations for the required hydraulic capacity. For drainage structures with drainage areas of over five (5) acres, the report shall include acceptable engineering calculations for the required hydraulic capacity. Written approval shall be obtained from the engineer of the appropriate jurisdiction prior to the installation of drainage structures.
- Rural subdivision roadways must be paved in accordance with the standards and specifications of the engineer of the appropriate jurisdiction (city or county). All approaches shall be paved in accordance with the standards and specifications of the engineer of the appropriate jurisdiction (city or county to the right-of-way line.
- All drainage under streets, private drives, and approaches must have culverts installed where required by the engineer of the appropriate jurisdiction or superintendent of roads.
- All streets must be constructed to an adequate height to insure proper snow clearance and removal. Any deviation from the minimum road section must have written approval of the engineer of the appropriate jurisdiction prior to construction. Protective covenants shall be filed by the owner to preserve the backslopes extending onto the lots.
- The engineer of the appropriate jurisdiction or superintendent of roads will inspect the completed roads in each subdivision before assuming responsibility and maintenance of the roads and streets to insure that the above standards, and those of the zoning and subdivision regulations, have been complied with.
- No more than two (2) approaches onto a county or township road in any one thousand three hundred twenty (1,320) feet of distance will be allowed without prior approval of the Road Supervisor or engineer of the appropriate jurisdiction. No approach may be constructed without first having obtained an approach permit from the engineer of the respective jurisdiction.
- Where a subdivision is traversed by a watercourse, coulee, 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 such further width for construction that will be adequate for such purpose. Parallel streets or parkways may be required in connection with such drainage easement.
- There shall be a sidewalk construction and maintenance easement established on the front one foot of each lot except where this area is covered by a building.
- Utility easements shall be located in the front, side or rear of lots.
- Where a subdivision lot is impeded by an existing oil well site, there shall not be any building or structure of any residential use, educational use, institutional use, commercial office, retail use, or other place of assembly within 300 feet of an oil well.
- Where a subdivision is impeded by an above ground flammable or combustible liquids tank, buildings and streets shall meet the distance requirements of the city fire code.
- Block length shall not exceed one thousand three hundred twenty (1,320) feet nor be less than three hundred (300) feet, measured from street center line to street center line.
- Pedestrian walkways/trails up to twelve (12) feet wide may be required in blocks longer than nine hundred (900) feet where such crosswalks are deemed by the planning commission to be essential to provide circulation, or access to schools, playgrounds, shopping centers, transportation, or other community facilities. Crosswalks may be six (6) feet wide if they are no more than one hundred fifty (150) feet in length.
- Blocks intended for business and industrial use should be designed for such purposes.
- Lot dimensions and areas shall be no less than the underlying zoning district minimum lot, and shall be sized to accommodate on‑site wastewater, storm water and water supply facilities as soil conditions require
- All lots shall abut on a street or other public or private right-of-way.
- Double frontage or reverse frontage lots shall not be permitted except where lots back onto arterial streets or highways, or where topographic or other conditions render subdividing in another fashion unreasonable. Such double frontage lots shall have an additional depth of at least twenty (20) feet over and above normal lot size in order to allow for a landscape buffer along the back lot line.
- Corner lots shall be of extra width sufficient to maintain building lines on both streets.
- Side lot lines shall be approximately at right angles or radial to street lines.
- Parks and Recreational Spaces
- The Board of City Commissioners hereby finds that parks and recreational spaces provide a benefit to the general public and to the citizens of the City of Dickinson, and that adoption of an appropriate design policy for parks and recreational spaces within the City is for the general welfare of the City and its citizens.
- Land for Park District Purposes
- The purpose of this section is to provide an equitable and effective development standard for securing adequate land for park district purposes, or funds for development of the same, in new residential subdivisions throughout the city or in areas of the city which are rezoned from some other land use to a residential land use. Proposals for provision of park land and/or funds for the development of park land shall meet with the approval of the City of Dickinson Park District.
- Any person applying for approval of a plat or zoning map amendment intended for any residential zoning request within the corporate limits of the City of Dickinson shall be obligated to first meet with the Board of Commissioners of the Park District of City of Dickinson. Such meeting shall be for the purpose of ascertaining whether the Park District desires to acquire land in such area for park district purposes. This meeting may take place following presentation of a sketch plat to the Planning Department. The Park District shall provide its comments and recommendations regarding the plat application or zoning application prior to any final action on the matter by the Dickinson Planning and Zoning Commission.
- Any plat of any subdivision within city limits, when the same shall be designed, in whole or in part, for residential uses, shall provide that no less than seven percent (7%) of the combined area of land to be developed, exclusive of all other dedications, has been or will be conveyed to the Park District for any uses authorized by a park district under North Dakota law. Such uses may include, pursuant to N.D.C.C. 40-49-12, the right to sell and convey the same. The Park District shall work in consultation with the planning and zoning commission in order to determine suitable locations for parks, playgrounds, trails, and recreational areas within the City of Dickinson.
Land so conveyed under this section shall be sufficient and suitable for use by the public as a park, playground, recreational space, trail, public space, green space, or other recreational area, and shall be acceptable to the Park District for park district purposes.
- Any proposed plat of a planned unit development residential area, or any petition for rezoning from an existing classification to a planned unit development, shall be submitted to the Board of Commissioners of the Park District of City of Dickinson who shall have a reasonable opportunity to review the same and submit to the Planning Director their recommendations regarding such project. The planning and zoning commission shall then consider the recommendations of the park district regarding dedication of land, payment of funds in lieu thereof, whether the owners or developers of such PUD shall provide and maintain privately such parks, playgrounds or recreational areas which are proposed and any other reasonable recommendations which the park district may submit.
- At the sole option of the Board of Commissioners of the Park District of City of Dickinson, the Park District may permit the owner or developer of residential property, or the applicant for approval of a plat or zoning designation, to make cash payment in lieu of the deeding to the Park District of seven percent (7%) of the total usable land area to be developed, exclusive of all other dedications, as provided in subsection (c). The Park District may further permit such owner or developer to make partial cash payment in lieu, in the event that the owner or developer conveys some land to the Park District for park purposes, but less than seven percent of the total land area to be developed exclusive of all other dedications. Such cash payment in lieu of land shall be intended to provide the Park District with a substantially equivalent economic benefit as if the Park District had received the land itself, as provided in subsection (c). Such payment in lieu of land shall be in amounts as may be determined by the Board of City Commissioners, and included, by resolution, in the annual City Fee Schedule. Such payment shall be calculated by the City, and shall be due and payable from the applicant for zoning at the time of zoning approval as a part of the application fee therefore. No zoning change shall be approved by the City prior to such payment being made. In the event of an application for replatting or rezoning of property already platted or zoned for residential uses, the applicant for such replatting or rezoning shall pay cash in lieu only for the difference between such rezoned residential use and the prior residential use previously paid for. However, an applicant seeking rezoning or replatting of a residential land use shall not be permitted to receive any reimbursement of cash in lieu previously paid therefore. In the event that an applicant, owner, or developer cannot comply with the provisions of this Article, either by deeding seven percent (7%) of useable land to be developed or by paying cash in lieu therefore, the application for plat approval or application for zoning shall not be heard and considered by the City of Dickinson.
- Off-site assessment
- Any party applying for a Limited Commercial, Downtown Commercial, Community Commercial, General Commercial, Limited Industrial, or General Industrial zoning designation on any property within the corporate limits of the City of Dickinson shall be assessed an off-site impact assessment for the Park District.
- Such off-site impact assessment shall be in amounts as may be determined by the Board of City Commissioners, and included, by resolution, in the annual City Fee Schedule. The City shall work with the Park District to determine the amount of the off-site impact assessment.
- Such payment shall be calculated by the City, and shall be due and payable from the applicant for zoning at the time of zoning approval as a part of the application fee therefore. No zoning change shall be approved by the City prior to such payment being made.
- In the event that an applicant, owner, or developer cannot comply with the provisions of this Article by paying the off-site impact assessment therefore, the application for plat approval or application for zoning shall be denied.
- Any or all of the requirements of this section may be waived upon a two- thirds majority vote of the entire planning and zoning commission. (Ord. No. 1491 § 1; Ord. No. 1684, § 1.)
Section 34.060 Improvements
- Prior to the construction of subdivision infrastructure, the City shall enter into an agreement with the developer and contractor regarding the construction of all public improvements. This agreement shall include specific dates of completion of improvements as well as an expiration date. This agreement shall be administered by the City Administrator or designee. The City Administrator or designee may determine whether a subdivision is exempt to this requirement based upon the size and nature of the subdivision.
- Before issuing a building permit for any structure within the city limits, the City shall require that the certain public improvements are either (1) constructed in place; or (2) assured of completion by deposit with the City of Dickinson of sufficient surety equal to 130% of the city engineer’s estimate of the cost of the following:
- Construction of all public infrastructure;
- Warranty work; and
- A contingency fund.
Such surety may be by certified check, performance bond, certificate of deposit, irrevocable letter of credit, or other instrument accessible to the City and approved by the City Attorney.
- Prior to the start of construction of public infrastructure the developer shall obtain a development permit from the City. The cost of the development permit shall cover the fees for plan reviews, inspections and administrative costs to the City. These fees shall be reflected in the City’s fee schedule.
- The development permit shall be issued prior to work commencing on site.
surety shall be presented to the City at the time the final plat is presented
for signature or recordation.
- Such surety shall be held by the City in order to ensure completion of the required public infrastructure, and shall be released in full by the City upon completion of the work and inspection and acceptance of the same by the City. The City may include provisions within the interlocal agreement to release portions of the surety based upon the completion of a certain percentage of the required public improvements after acceptance by the city engineer.
- In the event that the applicant or developer of the property should fail to construct or complete the required public improvements, the City shall be entitled to execute upon the surety and complete construction of the required public improvements.
- The public improvements for which the posting of surety shall be required are as follows:
- Stormwater management;
- Storm Sewer;
- Stormwater prevention measures;
- Turf establishment;
- Pavement markings;
- Sanitary sewer;
- Sidewalk adjacent to public property;
- Public space;
- Street signage;
- Mail box clusters;
- Private spaces maintained by HOA; and
- All other costs associated with the construction of public infrastructure.
Approval of Plans, Profiles and Specifications
- No public improvements shall be made unless and until all necessary plans, profiles and specifications therefor shall have been submitted to and approved by the City Engineer.
- The applicant will also provide documentation that proposed water and sewer improvements have been approved by the North Dakota Department of Health.
- At the time such plans, profiles and specifications are submitted for review, the City Engineer shall prepare an estimate of cost for office checking and field inspection of all improvements, which such costs may include the cost of third-party review by City engineering consultants.
- The applicant shall thereupon deposit with the City an amount of money equal to the estimated cost of such office checking.
- Building Permits
- No Building Permit shall be issued by the City except where all of the requirements of this Chapter have been satisfied.
- No Building Permit shall be issued by the City unless a street giving access to such proposed structure is an existing street or unless such street appears on a recorded plat.
- At the time of filing an application for a Building Permit the applicant shall submit an acknowledgement by the City Administrator or designee that sufficient surety has been posted for completion of the public improvements.
- Other Improvements
- Other improvements which may be required by the City after a
building permit is issued include:
- Decorative lighting.
- If a homeowners association is proposed it shall be formed and assume all developer promised maintenance and ownership at a point where more than 50% of the land is owned by other parties than the developer. If the developer fails to organize at that point no more building permits would be issued for that development.
- Acceptance of Public Improvements
- The City shall accept ownership and maintenance responsibility of
all public improvements constructed within the City right-of-way only as
- Upon completion of all
of the public improvements, the applicant or developer of the property shall
request final acceptance of the public improvements by the City. The developer
shall submit appropriate documentation to the City Engineer or designee to
indicate he roadways have been
constructed in accordance with plans and specifications, which shall
include, but not be limited to, the followings:
- Inspection records;
- As built drawings;
- Product certifications;
- Shop drawings; and
- Test results.
- The City Engineer or their designee shall make a final inspection of the public improvements and identify, in writing, a punch-list of any deficiencies.
- Such deficiencies shall be corrected by the applicant or developer of the subdivision prior to acceptance of the public improvements by the City.
- In the event that the applicant or developer of the subdivision fails to correct the punch-list deficiencies within ninety (90) days following the final inspection, the City may proceed to correct any such deficiencies and charge the cost thereof to the applicant and developer of the subdivision and to utilize bond to correct all unfinished or damaged improvements.
- A final acceptance form shall be presented by the City to the applicant or developer of the property. Once this form is signed and recorded the City shall accept ownership of the public improvements and shall be responsible for general maintenance of the public improvements. Any warranty work required after recording of the final acceptance form shall be at the expense of the applicant/developer.
- Upon completion of all of the public improvements, the applicant or developer of the property shall request final acceptance of the public improvements by the City. The developer shall submit appropriate documentation to the City Engineer or designee to indicate he roadways have been constructed in accordance with plans and specifications, which shall include, but not be limited to, the followings:
- Until written acceptance is issued by the City Engineer, the applicant and developer of the subdivision shall retain ownership and maintenance responsibility for all public improvements including snow removal and electricity.
- The acceptance of the final review and acceptance form will
initiate a two (2) construction season
warranty for all infrastructure improvements and will transfer operational and
maintenance responsibility to the City in general. Sequencing of construction
and City acceptance shall include, but not necessarily be limited to, the
- Standard specifications;
- standard drawings;
- development agreements; and
- Municipal separate stormwater systems for compliance with NPDES permit requirements; and
- Evaluation of the implementation statues of EPA stormwater regulations.
(Ord. No. 1491 § 1; Ord. No. 1541, § 1; Ord. No. 1545 § 2; Ord. No. 1684 § 1)
Section 34.070 Specifications for Plats
Please reference the most recent city engineering development application checklist for platting specifications. This checklist is available at City Hall’s Development desk, from city planning and engineering staff, or on the City’s website. (Ord. No. 1684 § 1)
Section 34.080 Variances
- Where it can be shown in the case of a particular proposed subdivision, that strict compliance with the requirements of these regulations would result in extraordinary hardship to the applicant or property owner because of unusual topography, soils, or other such conditions which would result in retarding the achievement of the objective of these regulations, then the Planning Commission may vary, modify or waive requirements so substantial justice may be done and the public interest secured; provided that such variance, modification or waiver will not have the effect of nullifying the intent and purpose of these regulations, or of the master plan.
- In no case shall any variance, modification or waiver be more than a minimum easing of the requirements; in no case shall it have the effect of reducing the traffic capacity of any arterial or collector street; in no case shall it be in conflict with the existing zoning regulations.
- In granting variances, modifications or waivers, the Planning Commission may require such conditions as will, in its judgment secure substantially the objectives of the standards and regulations so affected.
- Large-scale development
- These regulations may be modified by the Planning Commission in the case of a plan for a planned unit development which provides such covenants, financial guarantees, and other legal assurance that the plan will be followed and will be achieved. (Ord. No. 1541, § 1; Ord. No. 1684, § 1.)
Section 34.090 Fees.
- 1. In order to cover the costs of examining plans, advertising and holding public hearings, and other expenses incidental to the approval of a subdivision, the applicant shall pay a fee at the time of application for a lot modification, a minor subdivision plat or tentative approval of a preliminary major subdivision plat. If, because of the failure of the applicant to submit a final major subdivision plat within twelve (12) months after receiving tentative approval of a preliminary major subdivision plat, it is necessary to resubmit a preliminary major subdivision plat for tentative approval, the applicant shall be required to pay the fee currently in effect at the time of resubmission.
- The fees to be charged and collected for consideration of any application for a major subdivision plat, subdivision plat vacation, lot modification or minor subdivision plat shall be established by the Board of City Commissioners and shall be collected at the time of filing of an application.
- All fees established by this section are in addition to any sums paid to cover the costs of review of improvement plans and field inspection of construction required under this chapter and other provisions of the Dickinson Municipal Code. (Ord. No. 1541, § 1.)
- In some cases additional fees may be charged to recover city costs for plan review or inspections as deemed necessary by the city engineer.
(Ord. No. 1541, § 1; Ord. No. 1684 § 1)
Section 34.100 Penalties.
Any owner or the agent of any owner of land located within a subdivision, who transfers, sells or negotiates to sell any such land by reference to or exhibition of a plat of a subdivision or by any other use thereof before such plat has been approved by the planning and zoning commission and governing body and recorded as approved by the planning and zoning commission in the office of the register of deeds, shall forfeit and pay a penalty of one hundred dollars for each lot or parcel transferred or sold or agreed or negotiated to be sold. The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies provided in this section. The municipality may enjoin such transfer, sale or agreement by an action for injunction or it may recover the penalty by a civil action. (Ord. No. 1541, § 1; Ord. No. 1684 § 1) For similar state law, see NDCC, § 40-48-23.
Section 34.110 Vacation of Plats.
Any property owner wishing to vacate a previously approved and recorded plat or any part thereof must follow the same procedures as those required for plat approval and outlined in this chapter. Fees for processing requests for vacations are listed in the City’s current fee schedule as found on the City’s website and/or at City Hall. (Ord. No. 1541, § 1; Ord. No. 1684 § 1)
Section 34.120 Vacation of Easements.
The procedure hereinafter set forth may be used as an alternative to the procedure set forth in NDCC §40-39 for the vacation of utility easements.
- No utility easement shall be vacated by the City except on a petition signed by all of the owners of the property upon which to utility easement to be vacated is located. Such petition shall set for the facts and reasons for the vacation, shall be accompanied by a plat of the utility easement to be vacated, and shall be verified by the oath of the petitioner.
- If the City Engineer finds that the petition for vacation is in proper form and contains the proper signatures, the City Engineer or designee shall give notice by publication in the official newspaper of the City that the petition will be considered by the Board of City Commissioners on a certain specified date, not less than seven (7) days following publication of the notice. The City Engineer may cause additional notice to be given to adjoining property owners as the City Engineer may deem necessary.
- Prior to consideration of the petition by the Board of City Commissioners, the City Engineer or designee shall provide a copy of the petition to all utility companies (including, but not limited to, electrical, gas, telephone, and cable television) which may be affected by the vacation. Consent of all such utility companies shall be required prior to any action by the Board of City Commissioners to vacate such easement.
- The Board of City Commissioners shall investigate and consider the matter set forth in the petition. At the time and place specified in the notice, the Board of City Commissioners shall her testimony and evidence of the persons interested is such petition to vacate the easement. After public hearing, the Board of City Commissioners, by a resolution passed by a two-thirds vote of all of its members, may declare the utility easement described in the petition to be vacated upon such terms and conditions as it shall deem just and reasonable.
- The resolution shall be filed for record and duly recorded in the Office of the Recorder, and such resolution shall have the effect of conveying to the abutting property owners all of the right, title, and interest of the municipality to the easement vacated.
- All expenses incurred in vacating any utility easement shall be paid by the petitioners, who shall deposit with the City such sum as may be necessary before any such expense is incurred. The amount to be deposited shall be determined from time to time by the Board of City Commissioners in its fee schedule. (Ord. No. 1541, § 1; Ord. No. 1684 § 1)