Sub-Divison Ord.

City of Winner

Official Subdivision Ordinance

Adopted September 2, 2003

Effective Date September 23, 2003

Prepared by:

Planning and Development District III

Table of Contents

City Officials..................................................................................... Page III

Adoption Procedures and Dates of Action............................................................................................... Page IV

Planning Commission Minutes Approving Subdivision Ordinance........................................................................................ Page V

Affidavit of Publication of City Council Hearing Notice.............................................................................................. Page VI

City Council Hearing Minutes and First Reading.......................................................................................... Page VII

City Council Minutes of Second Reading and Adoption........................................................................................ Page VIII

Affidavit of Publication of Notice of Adoption......................................................................................... Page IX

Subdivision Ordinance

ARTICLE I: GeneralProvisions..................................................................... Page 1

ARTICLE II: Definitions................................................................................. Page 5

ARTICLE III: Subdivision Application Procedure and Approval Process.............. Page 9

ARTICLE IV: General Requirements and Minimum Standards of Design........... Page 19

ARTICLE V: Required Improvements Prerequisite to Final Approval................. Page 23

DEFINITIONS

Alley ‑ A way which affords only a secondary means of access to abutting property.

Building - Any structure for the shelter, support, or enclosure of persons, animals, chattels, or property of any kind, and when separated by common, shared walls without openings, each portion of such building so separated shall be deemed a separate building.

Building Setback Lines - A line parallel or approximately parallel to the lot lines at a specified distance there from, marking the minimum distance from the lot line that the building may be erected.

Comprehensive Plan - Any legally adopted part or element of the City of Winner Comprehensive Plan or any subsequent amendment.

Contractor - The person who contracts with an individual or Developer to construct a building or structure on a parcel of land prepared by an individual or Developer.

Covenant - An agreement, convention, or promise of two or more parties, by deed in writing, signed and delivered, by which either of the parties pledges himself to the other that something is either done, or shall be done, or shall not be done. The term is currently used primarily with respect to promises in conveyance or other instruments relating to real estate.

Cul-de-sac - A local street with only one outlet that terminates in a vehicular turnaround and having an appropriate terminal for the safe and convenient reversal of traffic turnaround.

Developer - The owner of the property being platted or replatted or the person designated by the owner as being responsible for the development of the property. The terms “subdivider” and “developer” are synonymous and used interchangeably, and shall include any person, partnership, firm, association, corporation and/or any officer, agent, employee, and trustee thereof who does or participates in the doing of any act toward the subdivision of land within the intent, scope, and purview of this Ordinance. The developer shall also be defined as the builder or contractor if they are responsible for the construction of buildings and/or structures or permanent improvements.

Easement - Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of their property. For the purposes of this Ordinance the term shall primarily be used to describe utility access.

Final Plat - A plat of a tract of land meeting the requirements of these regulations, including approval pursuant to this ordinance, and is in proper form for recording in the office of the County Register of Deeds.

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.

Lot, Corner - A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty five (135) degrees.

Lot Line, Rear - The lot line or point of intersection of the side lot lines farthest from and opposite the front lot line.

Lot of Record - A lot that is part of subdivision, created by an approved subdivision, or otherwise legally approved and recorded in the office of County Register of Deeds.

Major Street Plan - The Transportation Plan in the adopted City of Winner Comprehensive Plan.

Metes and Bounds - A system of describing and identifying land by measures (metes) and direction (bounds) from an identifiable point of reference such as a monument or other marker, the corner of intersecting streets, or in a rural area, a tree, or other permanent fixture.

Monument - A permanent structure set on a line to define the location of property lines, important horizontal subdivision control points, and other important features on a plat.

Owner - The record owners of the fee or a vendee in possession, including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided.

Person - Any individual or group of individuals, or any corporation, general or limited partnership, joint venture, unincorporated association, or governmental or quasi-governmental entity.

Planning Commission - The Planning Commission of the City of Winner. The term Planning Commission shall be synonymous with Planning and Zoning Commission and Commission, but shall not include Board of Adjustment or Zoning Board.

Preliminary Plat - The map or maps of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with the requirements of this Ordinance, to permit the evaluation of the proposal prior to detailed engineering and design.

Professional Engineer - An individual currently certified and licensed to practice as a Registered Professional Engineer by the State of South Dakota. The engineer must be in possession of a current registration stamp.

Registered Land Surveyor - An individual currently certified and licensed to practice as a Registered Licensed Land Surveyor by the State of South Dakota. The land surveyor must be in possession of a current registration seal.

Right-of-Way - A strip of land occupied by a street, railroad, transmission line, oil or gas pipeline, water lines, storm or sanitary sewer lines, 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 final plat is to be separate and distinct from the lots or parcels adjoining such right‑of‑way and not included within the dimensions or areas of such lots or parcels. The owner of the plat on which such right-of-way is established shall dedicate right-of-way to public use.

Right-of-Way Line - A dividing line between a lot, tract, or parcel of land and the public right-of-way.

Road or Street Line - The dividing line between a lot, tract, or parcel of land and a contiguous road, street, or alley.

Roadway - The part of the street, road, or highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and, where a highway includes two or more separate roadways, the term roadway refers to any one roadway separately and not to all of the roadway collectively.

Street - A right-of-way established by a recorded plat to provide the primary means of access to abutting property; to also include a way set-aside for vehicular traffic, regardless of size or designation, but excluding private driveways serving only one parcel of land.

Street, Arterial ‑ A public street or highway intended to be used primarily for fast or heavy through traffic; may be defined as a principal 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.

Street, Collector ‑ A street which carries traffic from local streets to arterial streets and includes each street designated as a collector street on the Major Street Plan.

Street, Local ‑ A street intended to provide access to other streets from individual properties and to provide rights‑of‑way beneath it for various utilities but not intended to be used for through traffic.

Street, Private ‑ One that has not been dedicated, but rather reserved as an access easement to property. The private street shall be owned and maintained by the property owners which it serves.

Subdivision - The division of a lot, tract, or parcel of land into two (2) or more lots, plots, sites, or other divisions of land for the purpose of either immediate or future sale or building development. It also includes a re-subdivision of lands or lots, and the establishment or dedication of a road, highway, street, or alley through a tract of land.

Tract - The term “tract” is used interchangeably with the term “lot” particularly in the context of subdivision, where a “tract” is subdivided into several lots, parcels, sites, units, plots, condominiums, tracts, or interests.

Variance - A relaxation of the terms of this ordinance by the Board of Appeals where the literal enforcement of this ordinance would deny to the property enjoyed as a right by other property owners. Modification of the provisions of these regulations, as applied to a specific piece of property. Variances shall be limited to height, bulk, and yard requirements.

Waiver - Relief from the provisions of these regulations, as applied to a specific piece of property.

Water Courses - Any natural or artificial stream, river, creek, ditch channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed, and banks and includes any area adjacent thereto subject to inundation by reason of overflow or flood water.

Yard - An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward, except for vegetation as permitted, and except for permitted accessory buildings in rear yards. An open area of land, other than a court, on the same lot with a main building or structure, unoccupied and unobstructed except as otherwise provided or required by this Ordinance and located between the main wall of the main building and one of the lot lines of the said lot.

Yard, Front - A yard extending across the full width of a lot between the front lot line and the nearest portion of any structure serving or attached to any building or structure on the lot. An open, unoccupied space on a lot facing a street and extending across the front of the lot between the side lot lines. Measured from the road right-of-way to the structure.

Yard, Rear - An open, unoccupied space extending across the rear of a lot from one side lot line to the other side lot line. That part of a lot that extends across the full width of a lot between the rear lot line and nearest wall or supporting member of a principal building or structure.

Yard, Side - A yard or open space on each side of the main building extending from the side lot line to the side wall of the building, exclusive of permitted projections and from the front yard to the rear yard, when an accessory building is constructed as part of the main building, the side yard requirements shall be the same for the accessory building as required for the main building. That part of a lot which extends from a front yard to the rear yard between the side lot line of a lot and the nearest wall or supporting member of a building or structure except where the supporting member is supporting an uncovered patio or uncovered deck.

Zoning Administrator - An administrative official who shall be known as the Zoning Administrator and who shall be designated by the Winner City Council. Said official shall administer and enforce this Ordinance. They may be provided with the assistance of such other persons as the City Council may designate.

Zoning Ordinance - The Comprehensive Zoning Ordinance of the City of Winner, including all duly adopted amendments thereto.

Zoning Map - The Official Zoning Map of the City of Winner, including all amendments thereto.

ARTICLE II

GENERAL PROVISIONS

These regulations may be referred to as the “Official Subdivision Ordinance” for the City of Winner.

It is the purpose of this Ordinance to regulate the subdivision of land; within the City of Winner, all lands proposed for annexation, and those lands within the extraterritorial jurisdictional area as established at the time of application. The further intent is to coordinate streets with other subdivisions and land uses; to provide for coordinated utility, water, and sanitation infrastructure; to address drainage and flood control while minimizing cut and fill operations; to foster efficient and orderly urban growth compatible with the natural environment; to prevent premature land subdivision; to promote and protect the interests of all members of the community; and to conform with the goals, objectives, and policies of the City of Winner Comprehensive Plan.

In accordance with SDCL 11‑6-27 and any other authority provided by law or as such statutes may be amended, the City of Winner does hereby exercise the power and authority to review and approve or disapprove plats for the subdivision of land within the City of Winner.

A. These regulations shall apply to all subdivision of land, as defined herein, located within the City of Winner corporate limits, all lands proposed for annexation, and those lands within the extraterritorial jurisdictional area as established at the time of application. ;

B. It shall be unlawful for any person having control of any land within the City of Winner corporate limits to subdivide or layout such land in lots, unless by plat, in accordance with the laws of the State of South Dakota and the regulations contained herein;

C. Developer shall confer with the Zoning Administrator, or their legally appointed designee, prior to preparing a subdivision plat. The purpose of said meeting is to become thoroughly familiar with subdivision and land use requirements, as well as, the goals, objectives, and policies of the Official City of Winner Comprehensive Plan affecting the territory in which the proposed subdivision lies;

D. No land, except that land platted in accordance with Section 305 shall be subdivided until the developer has submitted the preliminary plat and the final plat to the Planning Commission for public hearing and recommendation to the City Council for its approval; and

E. No plat shall be legally recorded in the office of the County Register of Deeds and no lots shall be sold from such plat unless and until approved as herein provided.

A. It shall be the duty of the Zoning Administrator, or their legally appointed designee, to enforce these regulations and to bring to the attention of the City Attorney any violations or lack of compliance herewith;

B. No owner or agent of the owner of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of said subdivision has been reviewed and approved by the Planning Commission and City Council, except that land platted in accordance with Section 305. Once approved said subdivision plat shall be recorded with the County Register of Deeds, in accordance with the provisions of these regulations prior to sale or transfer of any parcel;

C. The subdivision of any lot or parcel of land, by metes and bounds description(s) for the purpose of sale, transfer, or lease with the intent of evading these regulations, shall not be permitted. All such described subdivisions shall be subject to all of the requirements contained in these regulations;

D. No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of these regulations;

E. Any person violating any of the provisions of this ordinance shall be subject to any or all of the following:

In addition, all costs and expenses involved in the case shall be paid by the defendant; each day such violation continues shall be a separate offense. Any architect, engineer, surveyor, builder, contractor, developer, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a violation of this section and be subject to the same penalties herein provided; and

F. No plat of any subdivision shall be allowed to be recorded with the County Register of Deeds or have any validity until it has followed the official process, including public hearings, and been reviewed and approved by the Planning Commission and City Council. In the event a plat without official approval is recorded, it shall be considered invalid and the City Council shall institute proceedings to have the plat stricken from the records.

Whenever any subdivision of land is proposed, the developer, owner or their authorized agent shall apply for and secure approval of such proposed subdivision plat in accordance with the procedures set forth herein. Said approval shall occur prior to drafting or executing any contract for the transfer of any part thereof or erection of any structure in such proposed subdivision.

The Zoning Administrator may waive the platting requirement of this Ordinance under the following conditions:

A. The owners of the lots of record propose an adjustment to a common property line;

D. The property line adjustment is able to be completed without the need for the modification to any street, alley, easement, utility, or municipal facilities;

E. The area covered by the proposed adjustment does not constitute a portion or a phase of an approved preliminary plat;

F. The proposed adjustment is in accordance with all requirements of the applicable zoning district, and with the requirements of this Ordinance;

G. The property owners shall present the proposed adjustment to the Zoning Administrator or their designee;

H. The Zoning Administrator or their designee shall review the request for consistency with the standards set forth in this Ordinance;

I. The Zoning Administrator or their designee shall make the decision to approve or not approve the request only after proper review, and within seven (7) days of submittal of an application; and

J. The action of the Zoning Administrator, together with all modifications, requirements, and reasons thereof, shall be noted on all copies of the adjustment application.

In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Whenever the provisions of this Ordinance require greater requirements or impose other higher standards than are required, in any other Ordinance, the provisions of this Ordinance shall govern. Wherever the provisions of any other ordinance require greater requirements or impose other higher standards than are required by the provisions of this Ordinance, the provisions of such Ordinance shall govern.

Should any article, section, or provisions of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

The sub-titles appearing in connection with the foregoing sections are inserted simply for convenience, to serve the purpose of any index and they shall be wholly disregarded by any person, officer, court or other tribunal in construing the terms and provisions of this Ordinance.

SUBDIVISION APPLICATION PROCEDURE AND APPROVAL PROCESS

Prior to the submission of any plat, the developer shall present a sketch of the proposed plat to the Zoning Administrator, or their legally appointed designee, for discussion and comments regarding the requirements for the general layout of streets, reservations of land, street improvements, drainage, sewerage, fire protection, and similar matters, as well as the availability of services.

A filing fee shall be deposited at the City Administrator’s Office for all plats and for all re-plats at the rate shown below:

Two lots or less.................................................................. $50.00

Three lots or more.............................................................. $100.00 plus $10.00 per platted lot

Publishing costs for notices related to plats shall be in addition to the fees above and shall be paid by the developer. All required fees shall be paid prior to filing and registering the plat with the County Register of Deeds. Failure by the developer to pay all required fees will result in suspension or revocation of the plat.

A. The purpose of the expedient plat is to allow approval of a plat through accelerated action in certain circumstances with review and approval by the Zoning Administrator, Planning Commission, and City Council.

B. A developer may request an Expedient Plat when the following conditions exist:

3. The approved plat shall not be further subdivided unless in compliance with this ordinance;

5. Every lot within the plat is able to be served by an existing street and other municipal facilities;

6. The included within the plat does not constitute a portion or a phase of an approved preliminary plat;

7. Each lot created by the plat complies with all requirements of the applicable zoning district, and with the requirements of this Ordinance; and

8. Dedication of street or alley right-of-way, if applicable, complies with the Comprehensive Plan and general design standards of the City of Winner.

1. Whenever an expedient plat is proposed, the developer shall submit three (3) blueline or computer aided design (CAD) copies at a minimum scale of one hundred (100) feet to an inch. The plat may be submitted to the City Zoning Administrator, at any time;

2. The Zoning Administrator or their designee shall review the plat for consistency with the standards set forth in this Ordinance;

3. The Zoning Administrator or their designee shall make the decision to process the application as an expedient plat only after proper review, and within seven (7) days of submittal of an application;

4. The action of the Zoning Administrator, together with all notes, applicable requirements, and reasons thereof, shall be noted on all copies of the expedient plat and forwarded to the Planning Commission;

5. Following review at a public meeting and due consideration of the expedient plat, the Planning Commission shall transmit all copies of the plat to the City Council, together with its recommendations within one business day. Said recommendations shall include approval, disapproval, or suggestions for modification and the reasons thereof, and a report of the affect of said plat with regard to this Ordinance, the Comprehensive Plan, and Zoning Ordinance;

6. Said recommendations shall be of an advisory nature only. If the Planning Commission does not act within fifteen (15) days of receipt of the complete and correct plat from the Zoning Administrator, the expedient plat shall be deemed to have received a favorable recommendation in all respects, and shall receive due consideration by the City Council;

7. Following a public meeting and due consideration of the expedient plat, the City Council shall approve, disapprove, or modify the recommendations of the Planning Commission. The Council may impose requirements, in conformance with this Ordinance, as deemed necessary and appropriate for final approval;

8. Approval of the expedient plat by the City Council shall indicate approval and acceptance of the plat;

9. One (1) copy shall be returned to the developer, one (1) copy returned to Planning Commission, and one (1) copy forwarded to the City Council;

10. An expedient plat shall be recorded with the County Register of Deeds within two (2) months from the date of approval. Any expedient plat not recorded within such time shall be considered invalid. It shall be the applicant’s responsibility to submit all required copies of the plat to the City of Winner in time to acquire city signatures and to file the plat before the two (2) month period expires. An expedient plat shall be recorded with the County Register of Deeds in the same manner as required for a final plat. An extension of time may be applied for by the developer, in writing along with the reasons for the request, and granted by the City Council;

11. Re-approval of an expedient plat by the City Council may be applied for at any time after the approved plat becomes invalid. If the Zoning Administrator, Planning Commission, or City Council should deem changes necessary in the re-approval of an expedient plat in light of new or significant information or requirements, they shall so inform the developer. An expedient plat submitted for re-approval shall be prepared in accordance with, and comply with, the requirements of this Ordinance, the Comprehensive Plan, Official Zoning Ordinance, and all other applicable requirements in effect at the time such application for re-approval is formally filed with the City Administrator;

12. The Zoning Administrator or their designee may, for any reason, elect to present a request for an expedient plat to the Planning Commission for action. Any request for an expedient plat, which the Zoning Administrator refuses to accept, shall be placed on the following Planning Commission agenda for action. Any expedient plat that is presented to the Planning Commission shall be processed in accordance with the procedures set forth in Sections 307 and 309 of this Ordinance; and

13. An expedient plat shall contain all information required for a final plat, as prescribed by Section 309 (3) of this Ordinance.

1. Whenever a preliminary plat is proposed, the developer shall submit three (3) blueline or computer aided design (CAD) copies at a minimum scale of one hundred (100) feet to an inch. The preliminary plat shall be submitted to the Zoning Administrator, a minimum of seven (7) days prior to the Planning Commission meeting. The Planning Commission reserves the right to waive the minimum submission date;

2. The Planning Commission shall review the preliminary plat for consistency with the standards set forth in this Ordinance. After the preliminary review, a public hearing shall be set and held for due consideration of the plat by the Planning Commission and for public review and input;

3. A notice of public hearing shall be given at least once, ten (10) days in advance by publication in a legal newspaper;

4. Written notice of the public hearing shall be sent to the applicant, agent, and all owners of real property lying within one hundred fifty (150) of feet of the property for which plat(s) is sought;

5. The public hearing shall be held. Any party may appear in person, or by agent or attorney;

6. Following a public hearing and after due consideration of the preliminary plat, the Planning Commission shall transmit all copies of the preliminary plat to the City Council, together with its recommendations, within sixty (60) days after receipt of the complete and correct plat thereof. Said recommendations shall include approval, disapproval, or suggestions for modification and the reasons thereof, and a report of the affect of said plat with regard to the City of Winner Comprehensive Plan;

7. Said recommendations shall be of an advisory nature only. If the Planning Commission does not act within sixty-five (65) days of receipt of the complete and correct plat from the Zoning Administrator , the preliminary plat shall be deemed to have received a favorable recommendation in all respects, and shall receive due consideration by the City Council;

8. The Planning Commission shall forward all copies of the preliminary plat to the City Council for public hearing and review;

9. Notice of public hearing shall be given at least once, ten (10) days in advance by publication in a legal newspaper;

10. Written notice of the public hearing shall be sent to the applicant, agent, and all owners of real property lying within one hundred fifty (150) of the property for which plat(s) is sought;

11. A notice shall be posted in a conspicuous place on or near the property upon which action is pending. Such notice shall be not less than seventeen (17) inches in height and eleven (11) inches in width with a white background and black letters not less than one (1) inch in height. Such posted notice shall be so placed upon such premises that it is easily visible from the nearest public access point and shall be so posted at least ten (10) days before the date of such hearing. It shall be unlawful for any person to remove, mutilate, destroy, or change such posted notice prior to such hearings;

12. The public hearing shall be held. Any party may appear in person, or by agent or attorney;

13. Following a public hearing and due consideration of the preliminary plat, the City Council shall approve, disapprove, or modify the recommendations of the Planning Commission. The Council may impose requirements, grant waivers or variances, in conformance with this Ordinance, as deemed necessary and appropriate for final approval;

14. The action of the City Council, together with all modifications, requirements, variances, and reasons thereof, shall be noted on all copies of the preliminary plat;

15. One (1) copy shall be returned to the developer, one (1) copy relayed to Planning Commission, and one (1) copy retained by the Zoning Administrator;

16. Approval of the preliminary plat by the City Council shall indicate approval of the development concept only, and does not constitute an acceptance or approval of the subdivision plat; therefore, no building permits shall be issued on the approval of the preliminary plat; and

17. The approval of the preliminary plat shall lapse unless a final plat, based thereon, is submitted within two (2) years from the date of such approval. An extension of time may be applied for by the developer, in writing along with the reasons for the request, and granted by the City Council.

B. The preliminary plat shall meet the standards of design as set forth in Article IV and shall include the following information:

2. 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;

3. The names of all adjacent subdivisions, location of all lot and block lines, easements, dedications, rights‑of‑way, and adjoining unplatted property shall be labeled as such;

4. Vicinity map to scale showing the location of the preliminary plat and all other property within six hundred sixty (660) feet in every direction, including those across streets, streams, rights-of-way, or similar delineations;

5. The names, addresses, and telephone numbers of the owner, developer, and surveyor;

6. The legal description and notations stating acreage, scale, north arrow, and date of survey;

7. A systematic lot and block numbering pattern, lot lines, and street names, consistent with City and County patterns;

8. Location of property lines, streets, alleys, and existing utilities with size of lines, underground installations, and other significant features;

9. Current zoning on affected lands, as well as all adjacent property, including those across streets, streams, rights-of-way, or similar delineations;

11. Contours at slope intervals of not greater than two (2) feet; also, the locations of watercourses, bridges, wooded areas, and such other topographic features as may be pertinent of the subdivision;

12. Proposed easements, dedications, and reservations of land to be considered for sale or dedication to public use;

13. Copies of proposed deed restrictions or covenants, if any, shall be attached to the preliminary plat;

14. Location of proposed culverts, storm sewers, retention basins, buffers, and other drainage provisions. Calculations for quantity and flow rate supporting culvert size and location shall be included with statement of impact on future drainage;

15. The existing and future drainage patterns for the area should be generally shown along with any proposed cut and fill operations which may alter the existing drainage patterns for direction, quantity, or flow rate; and

16. Notations should be made on the plat regarding the location of the nearest available sewer and water connections, the direction of the proposed sanitary sewer flow, availability of capacity, and the necessity for any lift stations.

A. The final plat shall conform substantially to the preliminary plat as approved, and it may constitute only a portion of the preliminary plat, which the developer proposes to record and develop.

1. Three (3) copies of the final plat and required supplemental material shall be filed with the Zoning Administrator, or their legally appointed designee, who shall transmit them to the Chairperson of the Planning Commission. Such filing shall take place at least seven (7) days prior to the meeting of the Planning Commission at which it is to be considered;

2. The Planning Commission shall review the final plat for consistency with the standards set forth in this Ordinance and with items considered under preliminary approval;

3. The Commission shall make a finding that it is empowered under the section of this Ordinance described in the application to approve, modify, or deny the final plat. The Commission shall transmit all copies of the final plat to the City Council, together with its recommendations, within sixty-five (65) days after receipt thereof. Said recommendations shall include approval, disapproval, or suggestions for modification and the reasons thereof, and a report of the affect of said plat with regard to the City of Winner Comprehensive Plan;

4. Said recommendations shall be of an advisory nature only. If the Planning Commission does not act within sixty-five (65) day of receipt of the complete and correct plat, the final plat shall be deemed to have received a favorable recommendation in all respects, and shall receive due consideration by the City Council;

5. Following review and due consideration of the final plat, the City Council shall approve, disapprove, or modify the recommendations of the Planning Commission and shall impose those requirements or grant those waivers or variances in conformance with this Ordinance as deemed necessary and appropriate by the City Council for final approval;

6. When the final plat has been approved by the City Council, one (1) copy shall be returned to the developer with the approval of the City Council certified thereon, for recording with the County Register of Deeds as an official plat of record within ninety (90) days. Failure to file will require the applicant to again complete the Final Plat process; and

7. The City Council will transmit a certified copy to the Director of Equalization for their records.

C. The final plat shall comply with the standards of design as set forth in Article IV and shall present the following information:

1. The original or reproducible final plat shall be drawn in black ink upon tracing cloth or tracing vellum and shall be of uniform size, fifteen (15) inches by twenty-six (26) inches or eight and one-half (8 ½) inches by fourteen (14) inches in accordance with SDCL and any amendment thereto. The scale shall be one (1) inch equals one hundred (100) feet or greater;

2. Date, title, name, and location of subdivision, graphic scale, and true north line;

3. All dimensions, angles, bearings, and similar data on the plat shall be tied to primary control points. Locations and descriptions of said control points shall be given. Except where deemed clearly unreasonable or unfeasible by the City Council, these control points shall be located on section corners of the Coordinate System of the State of South Dakota;

4. Tract boundary lines, property lines of residential lots, and other sides with accurate dimensions to the nearest one hundredth of a foot, bearings of deflection angles, radii, arc, and central angles of all curves with dimensions to the nearest minute;

7. Purpose for which sites other than residential lots, are dedicated or reserved;

10. Names and locations of adjoining subdivisions and streets, the location of adjoining unplatted properties, and the names and addresses of the owners of adjoining unplatted properties;

11. Certification on plat of title showing that the applicant(s) is the owner(s), that the making of the plat receives their consent and is in accordance with their desires, and a statement by such owner dedicating streets, rights-of-way, and any other sites for public use;

12. Certification on plat by a registered land surveyor as to the accuracy of survey and plat;

13. Certification by the Zoning Administrator, or their legally appointed designee, when individual sewerage disposal or water systems are to be installed;

14. Certification that the developer has complied with one of the following alternatives;

a. All the improvements have been installed in accordance with the requirements of this Ordinance, said improvements shall be inspected by a professional engineer and certified as complying with approved plans and specifications; or

b. A security bond, certified check, or letter of assurance/credit has been posted with the City Administrator in sufficient amount to assure such completion of all required improvements.

15. Cross sections, profiles, and grades of streets, curbs, gutters, and sidewalks showing location of in-street utilities, and drawn to the City’s standard scales and elevations shall be attached to the Final Plat;

16. Protective covenants shall either be placed directly on the Final Plat or attached thereto in form for recording;

17. Certification on plat by the Planning Commission, Mayor, and the Zoning Administrator that the plat has been approved for recording in the office of the County Register of Deeds; and

18. Developer shall provide copies of all plats in a digital format whenever possible.

D. No final subdivision plat shall be approved by the City Council or accepted for record by the County Register of Deeds until the required improvements have been installed in accordance with the preliminary plat and approved by the City Council. In lieu of such prior construction, the City Council may accept a security bond in an amount equal to the estimated cost of installation of the required improvements, whereby improvements may be completed in the event of default of the developer.

A. If the land proposed for platting is a re-subdivision, it shall require a preliminary plat and a plat of the re-subdivision, requiring the same review and approval procedures as for the preliminary plat and final plat, unless the re-subdivision meets the requirements set forth below.

1. The perimeter of the tract being re-platted shall not be altered by the re-plat;

2. Either the grades shall not be changed from the drainage plan which was submitted and approved with the original plat or if the grades are going be changed, then a drainage plan shall be submitted and approved for the re-subdivision;

3. The re-plat shall not significantly change any plans that have been prepared for the placement of utilities in the subdivision. If the re-subdivision meets these stipulations, the re-plat may be submitted as a plat, provided the previous platting lines are shown;

4. If the subdivision meets the requirements set forth for a re-plat, it shall be approved or disapproved within ninety (90) days after submission to the City Council. A plat shall have been considered submitted when filed with the Zoning Administrator and placed on the Planning Commission agenda. Otherwise, such plat shall be deemed approved and a certificate to that effect shall be issued by the City Council on demand. Provided, however, that the developer may waive this requirement and consent to the extension of such period; and

5. The new plat shall specifically describe all previous plats to be vacated including the book and page or document numbers of all existing plats in the Register of Deeds office. The new plat shall specifically state that all previous plats so listed are to be vacated in whole or part. The new plat shall comply with all public highway provisions.

GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF DESIGN

A. The City Council shall impose the following general requirements and compel all developers to comply with the principles of design, set forth in this ordinance, in the layout of subdivisions hereinafter described; and

B. All proposed subdivision regulations shall conform to the City of Winner Comprehensive Plan.

A. If the City Council finds that land proposed to be subdivided is unsuitable for subdivision development due to flooding, bad drainage, steep slopes, rock formations, and other such conditions as may increase the danger of health, life, property, aggravate erosion, or flood hazards, and if from adequate investigations conducted by all public agencies concerned it has been determined that in the best interest of the public the land should not be platted and developed for the purpose proposed, the City Council shall not approve the land for subdivision;

B. If the City Council determines the proposed subdivision lies within an environmentally sensitive area, the developer shall be responsible for conducting an Environmental Assessment pursuant to the National Environmental Policy Act. If the proposed development is granted a finding of no significant impact the developer shall formulate adequate methods to address concerns raised by respondent agencies that will be created by the subdivision and development of the land; and

C. The City Council may refuse to approve what it considers to be scattered or premature subdivision of land which would necessitate an excessive expenditure of public funds for the supply of such services, such as undue maintenance or installation costs for adequate streets, utilities, or other items.

A. In undeveloped or vacant areas, streets shall be identified and classified by the City Council. The location of major streets shall conform to the current Street System Plan, as described within the City of Winner Comprehensive Plan.

Arterials*........................................................................... 100'

Collectors............................................................................ 60'

Local................................................................................... 60'

Alleys.................................................................................. 20'

* Eighty (80) feet if there is fifty (50) feet of right‑of‑way provided for an access road on both sides of the arterial

C. The following roadway widths shall be required at a minimum; however, the City Council can require greater roadway widths where deemed necessary. Curbs, gutters, and streets shall be constructed in accordance with the City of Winner's specifications.

Arterials.............................................................................. 66’

Collectors............................................................................ 38’

Local................................................................................... 34’

Alley................................................................................... 16’

Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a two (2) percent rate at a distance of sixty (60) feet, measured from the nearest right-of-way line of the intersecting street.

The use of private streets shall be discouraged, however, in cases where a private street is allowed, it shall meet the following requirements:

A. The developer shall comply with the following construction standards when developing a private street:

2. Driving surface shall be no less than twenty six (26) feet in width, a greater width may be required when deemed necessary by the City Council;

4. Driving surface shall have a minimum height clearance of fourteen (14) feet six (6) inches.

B. The City of Winner will not subsequently accept a private street or road for dedication unless and until it is brought to the City construction standards as approved by the City Engineer and provides adequate rights‑of‑way without requiring variances for setbacks; and

C. Alleys may be permitted in residential districts when conditions warrant an alternative means of access.

A. All subdivision boundary corners shall be marked with monuments to grade and noted on the plat;

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

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

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

C. Block lengths shall be between three hundred (300) and one thousand (1,000) feet and shall normally be wide enough to allow two tiers of lots of an appropriate depth;

D. Lot dimensions shall be appropriate for the location of the subdivision and conform to the requirements of the Zoning Ordinance;

E. 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;

F. Corner lots for residential use shall have extra width to allow for two front yards;

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

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

I. Each lot shall abut a dedicated public right‑of‑way or approved private street.

Section 413 Easement

B. Except where alleys are permitted for the purpose, the City Council shall require easements deemed necessary at least twenty (20) feet in width centered on rear and side lot lines;

C. Where topographical or other conditions warrant side easements or easements across lots, easements at least twenty (20) feet in total width shall be provided; and

D. 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, temporary or permanent, landscaping, debris, or trees whatsoever except that fences, shrubs, and lawn grass, which shall be regularly mowed and annual vegetation such as fruits, vegetables, flora, and fauna may be grown thereon. Any improvements or activity within an easement shall be done at the risk of the property owner who shall bear the cost of removal, relocation, or trimming carried out as part of the utility or city.

REQUIRED IMPROVEMENTS PREREQUISITE TO FINAL APPROVAL

A. The developer is required to install or construct the improvements hereinafter described prior to receiving approval of their final plat or having secured and provided the bonds or other securities, which guarantee such required improvements;

B. All public and private water mains, sanitary sewers, laterals, and storm sewers shall be installed as necessary to prevent the future cutting of pavement of any street, sidewalk, or other required pavement;

C. The developer is required to have a professional engineer, licensed by the State of South Dakota, design and inspect all proposed streets and utility installations; and

The corners of all lots and the beginning and ending of all curves on property lines shall be accurately marked on the ground with five-eighths (5/8) inch diameter iron rods at least eighteen (18) inches long. The iron rod shall be furnished with a plastic or metal cap with the surveyor’s name or initials and the surveyor’s State of South Dakota registration number.

The developer shall construct all proposed streets. The proposed streets shall be designed and inspected by a professional engineer, licensed by the State of South Dakota, at the cost of the developer and have the following minimum improvements:

B. If a bituminous or asphalt street is proposed, the developer will be responsible for curb and gutter and the standard six (6) inch base course, the City will be responsible for surfacing with 4” of paving, at a time when allowed by budget and availability of materials, the City will be responsible for dust control if paving is to be delayed.

C. A thirty-two (32) inch “B” curb with gutter is required, surmountable curbs are allowed;

D. The above standards are the minimum acceptable standards; the City reserves the right to modify these standards upon review by the City Engineer and approval of the City Council;

E. Construction methods and materials shall meet or exceed standards in the most recent edition of Standard Specifications for Roads and Bridges as published by the South Dakota Department of Transportation; unless waived by the City Council.

A. The City Council may require, in order to facilitate pedestrian access from streets to schools, parks, playgrounds, or other nearby streets, the construction of sidewalks. Sidewalks shall be constructed to a minimum of four (4) inches of depth and four (4) feet in width and to standards approved by the City;

B. A median strip of grassed or landscaped areas at least three (3) feet wide shall separate all sidewalks from adjacent curbs; and

C. The City Council in its discretion may waive the requirement that the applicant install sidewalks prior to the signing of the subdivision plat, and that as an alternative, require the applicant to apply for a building permit to construct sidewalks.

Where the public water supply is accessible or available to the proposed subdivision, the developer shall construct, at their expense or through agreement of special assessment, a complete water distribution system which shall adequately serve all lots and which shall include appropriately spaced fire hydrants, and this system shall be properly connected with the public water supply. All individual service lines shall be tied to the main and stubbed to the property line, at a minimum. The water facilities shall be designed and inspected by a professional engineer retained by the developer and reviewed by the City Engineer. All new construction must comply with standards established by the City. Each lot within the subdivision area shall be provided with a water service line connection.”

NOTE: City standard on all new water lines to individual lots shall be at least a minimum of 1-1/2” in diameter.

Where the public sanitary sewer system is accessible or available to the proposed subdivision, the City shall construct, at their expense, a subdivision sewer system to adequately serve all lots and connect the subdivision system to the public system. All individual service lines shall be tied to the main and stubbed to the property line, at a minimum. The sanitary sewer facilities shall be designed the City Engineer. All new construction must comply with standards established by the City.

NOTE: Any sanitary sewer line set a depth of over 4’ will require schd 40 PVC or pipe of an equivalent strength.

An adequate drainage system, including necessary curb and gutter, open ditches, pipes, culverts, intersectional drains, drop inlets, bridges, etc., for the proper drainage of all surface water shall be provided. Cross drains shall be provided to accommodate all natural water flow, and they shall be of sufficient length to permit full width roadways and required slopes. The storm water facilities are to be designed and inspected by a professional engineer retained by the developer. The designed system must show current and future drainage, and show adequacy to avoid adverse impact on other properties and infrastructure. All new construction must comply with standards established by the City.

The City of Winner is responsible for installation of all primary and secondary lines, transformers, ground rods, ground rod clamps, meter sockets, and meters except multiple or gang sockets for multi-user buildings. All lots shall be surveyed with all structures, sidewalks, water and sanitary sewer service, curb and gutter, streets, and proposed landscaping clearly identified prior to installation of electrical service to the area.

Individual property owners are responsible for installation of the underground service line from either an underground main or a main line pole to the structure, including the meter loop. In those areas served by overhead mainlines the City will furnish and install individual overhead service from the mainline to the structure. The property owner is responsible for the meter loop.

The City will stand the cost of “oversizing” improvements within a subdivision if it is adjudged that such oversized improvements are necessary to serve large areas of land not in the subdivision and if the cost of such oversized improvements places a hardship on the developer.

No building permits will be issued until the developer has installed sanitary sewer and water service, in accordance with the City’s standards, as well as completed grading the street past the property upon which a building is to be constructed.

Before final approval of a plat is given, the developer must provide a bond with corporate surety or other assurances satisfactory to the City, which will assure the City of Winner that the construction of water, sanitary sewer, storm sewer, road construction, and other necessary improvements as approved by the City Council will be completed within three (3) years.