HomeMy WebLinkAboutOrdinance 22-2003 Ordinance No. 22-03
An Ordinance Amending The Land Subdivision Regulations Of The City Of Brookings
BE IT ORDAINED BY THE CITY OF BROOKINGS, SOUTH DAKOTA that
Ordinance 532, an ordinance providing rules, regulations and standards to guide land subdivision
in the City of Brookings and within three miles of the city limits thereof, be revised as per
attached Exhibit A.
The governing body of the City of Brookings has adopted Ordinance 22-03 which
revises Ordinance 532. Anyone interested in obtaining or reviewing a copy of Ordinance 22-03
may do so by contacting the City Clerk at 311 Third Avenue, Brookings, South Dakota.
FIRST READING; August 12, 2003
SECOND READING AND ADOPTION: August 26, 2003
PUBLISHED: August 29, 2003
CITY I BROOKINGS
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CHAPTER 51 —SUBDIVISION ORDINANCE
51.01.000 TITLE, PURPOSE, AUTHORITY AND JURISDICTION
51.01.010 Title
These regulations may be referred to as the "2003 Revised Subdivision Ordinance for
the City of Brookings" and the area of extraterritorial jurisdiction.
51.01.020 Purpose
It is the purpose of this ordinance to regulate the subdivision of land in order to
coordinate streets within subdivisions and with other subdivisions and uses, to provide
adequate open space, to efficiently distribute population and traffic, to provide water and
sanitation facilities, to manage storm drainage and flood control, to prevent haphazard
and premature land subdivision, to promote the harmonious development of the
municipality and its environment and to conform with the Comprehensive Plan and its
area of extraterritorial jurisdiction.
51.01.030 Authority
In accordance with SDCL Chapters 11-3, 11-6 and any other authority provided by law
or as such statutes may be amended, the city does hereby exercise the power and
authority to approve or disapprove plats for the subdivision of land within the city and for
land in the area of extraterritorial jurisdiction.
51.01.040 Jurisdiction
A. These regulations shall apply to all subdivisions of land, as defined herein, located
within the city and its area of extraterritorial jurisdiction.
B. It shall be unlawful for any person having control of any land within the city and its
area of extraterritorial jurisdiction to subdivide or lay out such land in lots, unless by
plat, in accordance with the laws of the State of South Dakota and the regulations
contained herein.
51.02.000 DEFINITIONS
The following words and phrases shall be as defined below
1. Alley: A public or private right-of-way that affords only a secondary means of
access to abutting property.
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3. Arterial Street: A street that has the capacity to carry large volumes of traffic
quickly and is designated as such on the major street plan.
5. Building: Any structure having a roof, supported by columns or walls, for shelter or
enclosure of persons or property.
7 City: The City of Brookings, South Dakota.
9. Collector Street: A street that is a primary connector between arterial streets and is
designated as such on the major street plan.
11. Comprehensive Plan: Any legally adopted part or element of the Comprehensive
Plan of the City of Brookings.
13. Contractor: The person who contracts with an individual or the developer to
construct a building or structure on a parcel of land.
15 Cul-de-sac: A local street with only one outlet having an appropriate terminal for
safe and convenient reversal of traffic movement.
17. Dedicated: A grant of land to the public for their perpetual use.
19. Developer: An owner or agent of an owner of property who desires to establish,
alter, change or improve the use of property
21. Double frontage: A lot which abuts a street on two opposite sides (not a corner lot).
23. Easement: Authorization by a property owner for the use by another, and for a
specified purpose, of any designated part of the property.
25. Engineering design standards: Criteria and public right-of-way improvements of
the City of Brookings.
27. Frontage road: A street, usually parallel and adjacent to an arterial street, which is
used for access to abutting property.
29. Lateral drainageway: Open channels or storm sewers which carry storm runoff
from streets, street crossings, culverts and/or storm sewers to major
drainageways.
33. Local street: A street intended to provide access to other streets from individual
properties and not intended to be used for through traffic.
35. Lot: A piece, plot or parcel of land, or group of abutting and contiguous parcels of
land, established by survey, plat or deed, occupied or to be occupied by a building,
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or a unit group of buildings and accessory buildings thereto, and having its
frontage on a dedicated public street.
37. Major drainageway: The main corridor for storm water flow through developments.
Major drainageways are identified as intermittent streams on USGS quadrangle
maps, or as otherwise approved by the City Engineer.
39. Major street plan: The major street plan adopted through the transportation
planning process approved by the City Council.
41. Monument: A boundary marker of concrete, permanently planted and firmly fixed in
the ground placed so that the top of the monument is flush with natural ground.
The monument shall be six inches in diameter or six inches square and 24 inches
in depth. A steel rod, 5/8"x 12", shall be placed at the center point on the
monument.
43. Mutual access easement: An easement granting the right of abutting property
owners to use a designated portion of property for common ingress and/or egress
purposes.
45. Plat: A map, or representation on paper, of a piece of land subdivided into lots,
parcels, tracts or blocks, including streets/roads, commons and public grounds, if
any, all drawn to scale and complete with all irrevocable offers of dedication
47. Preliminary subdivision plat: Drawing or drawings indicating the proposed layout of
the lots, blocks and public rights-of-way within a subdivision.
49 Private street/road: A street or road that has not been dedicated, but rather
reserved as public access to property. A private street/road is owned and
maintained by the property owners which it serves.
50. Reverse Frontage Lot: A lot, among a group of double frontage lots, that contains
a dwelling unit that is oriented in the opposite direction from the adjacent dwellings
so that its front yard abuts the adjacent rear yards and its rear yard abuts the
adjacent front yards.
51. Right-of-way: A strip of land occupied by a street, railroad, pedestrian walkway or
other special use. The use of the term right-of-way for platting purposes shall mean
that every right-of-way hereafter established and shown on a plat is to be separate
and distinct from the lots or parcels adjoining such right-of-way and not included
within the dimensions or area of such lots or parcels.
53. Structures: Anything constructed or erected with a fixed location on the ground, or
attached to something having a fixed location on the ground. Among other things,
structures include buildings, walls, fences and signs.
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55. Subdivision: The division of any tract or parcel of land into two or more lots platted
for the purpose of transfer of ownership, or building development, whether future or
immediate; or any division of land involving a new street or road regardless of
parcel size or the number of parcels.
51.03.00 SUBDIVISION PLANS IN GENERAL
51.03.010 Plat Required
Whenever any subdivision of land is proposed, before any contract is made for the
transfer of any part thereof, and before any permit for the erection of any structure in
such proposed subdivision shall be granted, the developer, owner or an authorized
agent shall apply for and secure approval of such proposed subdivision plat in
accordance with the procedures set forth below.
51.03.020 Recording, Use and Selling
A. No owner, or agent of the owner of any land located within a subdivision shall
transfer or sell any land by reference to, exhibition of, or by the use of a subdivision
plan before a plat of said land has been approved and recorded in the manner
prescribed herein.
B. No local agency shall issue any permit or grant any approval necessary to develop
any real property which has been divided, or which has resulted from a division, in
violation of the provisions of this title if it is found that such real property is contrary
to the public health, safety or welfare. The authority to deny such a permit shall
apply whether the applicant was the owner of record at the time of such violation or
whether the applicant is the current owner of record or a vendee of the current
owner pursuant to a contract of sale with, or without, actual or constructive
knowledge of the violation at the time of acquisition of an interest in said real
property.
51.03.030 Plat Approval Process
A. All proposed subdivision plats must be approved by the city through a three-phase
development process. When there are only a small number of lots being platted, the
requirements for a sketch plan and preliminary plat may be waived by the city.
1. Sketch plan: Prior to the submission of the preliminary plat to the Planning
Commission, the developer shall present a sketch of the proposed plan to the
City Engineer's Office for discussion and comments regarding the requirements
for the general layout of streets/roads, street improvements, parks, trails and
open spaces, drainage, sewerage, availability of services and similar matters.
2. Preliminary Plat: Based on the discussion of the sketch plan, the applicant may
submit the preliminary plat for approval. The preliminary plat shall provide all of
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the information indicated below. The plat will be subject to the review and
approval by the Planning Commission prior to approval by the City Council.
Either all or a portion of the preliminary plat may be final platted.
3. Final plat: The final plat shall consist of the final layout of all lots and blocks,
rights-of-way and include all easements as required by the city. A final utility
plan, drainage and grading plan, and groundwater control plan may also be
required.
a. The final grading and drainage plan and the groundwater control plan shall
be approved or disapproved within 15 days after submittal to the City
Engineer. The final utility plan shall be similarly approved or disapproved
by the Brookings Municipal Utilities Department. If approved, the
developer may then submit the plat for approval.
b. The plat shall provide the information indicated in the Subdivision
Improvements and Design Standards for Final Plats and shall require the
review and recommendation of the Planning Commission. The plat shall
be in conformance with an approved preliminary plat if a preliminary plat is
required.
B. Replats. If the land proposed for platting is a resubdivision, it shall require a
preliminary plat and a final plat of the resubdivision, requiring the same review and
approval procedures as the preliminary plat and the final plat, unless the
resubdivision meets the requirements set forth in 51.06.000 below. The City
Engineer may waive the requirements for a preliminary plat.
C. Filing fee. A filing fee shall be deposited at the City Engineer's Department for all
preliminary plats, final plats and for all replats. Reasonable fees sufficient to cover
the costs of administration, and similar matters shall be charged to applicants for the
preliminary plat and final plat approval. The amount of fees charged shall be set
forth by resolution of the City Council. Fees established in accordance with this
section shall be paid upon submission of a signed application.
51.04.000 PRELIMINARY PLAT
51.04.010 Information Required
Whenever a preliminary plat is proposed, the developers shall submit two (2) copies at
a scale of 100 feet to one (1) inch generally, or 200 feet to one (1) inch when the size of
the plans requires it. The preliminary plat shall be submitted to the planning
administrator on or before the 15th day of the month preceding the Planning
Commission meeting and shall contain the following:
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A. Preliminary Subdivision Plat.
1. The proposed name of the subdivision: the name shall not duplicate, be the
same in spelling or alike in pronunciation with the name of any other recorded
subdivision, unless it is an extension of or adjoining to an existing subdivision.
2. The names of all adjoining subdivisions and all lot and block lines, easements
and rights-of-way. Adjoining unplatted property shall be labeled as such.
3. The owner, developer and surveyor's names, addresses and telephone numbers.
4. The correct legal description: Notations stating acreage, scale and north arrow.
5. A systematic lot and block numbering pattern, lot lines and street/road names.
6. The location and width of proposed and existing streets/roads, alleys,
easements, parks, railroad rights-of-way and other significant features.
7. Boundary lines of floodways and 100 year flood zones delineated on the Flood
Insurance Rate Maps (FIRM).
8. Existing contours referenced to city datum with intervals sufficient to determine
the character and topography of the land to be subdivided.
B. Other preliminary plans. When required by the appropriate public agency, the
following plans shall be submitted in conjunction with the preliminary plat:
1. Grading Plan. The grading plan shall show the existing contours with intervals
acceptable to the city engineer's office. Any proposed cut and fill operations
must also be shown if they will substantially alter existing land elevations.
2. Drainage Plan. The drainage plan shall show existing and proposed
drainageways. The drainage pattern shall be indicated by arrows and show
flows into and out of the development. The plan shall also indicate which major
drainageway or detention pond area will be affected by the full development of
the subdivision.
3. Groundwater Control Plan. Groundwater elevations shall be required where it is
deemed necessary by the city engineer to establish a finished grade for the
proper development of the subdivision. When elevations are required, the
method of groundwater collection shall be indicated for all lots prior to
development. Dewatering for the purposes of establishing a lower finished grade
shall be prohibited. Buildings with crawl spaces or slab on grade construction
shall be exempt from groundwater collection requirements.
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4. Utility Plan. The utility plan shall show all sanitary sewer locations, size, flow
direction, approximate manhole locations and invert elevations, lift stations and
connection to the existing system. The water main layout shall show the pipe
location and size, hydrant and valve location and connection to the existing
system.
51.04.020 Approval of Preliminary Plat
After the preliminary plat has been recommended for approval or disapproval by the
Planning Commission, it shall be submitted to the City Council for its approval or
disapproval. The approved preliminary plat shall be kept on file in the office of the City
Engineer. Approval of the preliminary plat shall indicate approval of the development
concept only, and it does not constitute an acceptance or approval of the subdivision
plan. Therefore, no building permits shall be issued based on the approval of the
preliminary plat.
51.04.030 Effective Period of Preliminary Plat Approval
The approval of a preliminary plat shall be effective for a period of three (3) years, at the
end of which time approval of the subdivision plat or a portion thereof must have been
obtained from the city. Any preliminary plat which has not received approval for all or a
portion of it within the period of time set forth herein may be declared void and the
applicant may be required to resubmit a new preliminary plat for review and approval
subject to any new subdivision regulations.
51.04.040 Revisions to Preliminary Plat
Amendments to an approved preliminary plat may be submitted at any time by the
developer. Minor changes such as street or subdivision names, lot lines, easements,
drainage or lot and block number may be approved by the City Engineer. Major
changes such as a change in the street layout, open space or parkland dedication,
number of lots or perimeter boundaries shall follow the procedures for approval of a
preliminary plat as required in this section.
51.05.000 THE FINAL PLAT
No plat shall be recorded in the Office of the Register of Deeds and no lots shall be sold
from such plat unless and until approved as herein provided. No document of any sale
or transfer of unplatted property shall be recorded except in accordance with this
ordinance.
51.05.010 Information Required
Six (6) copies and one (1) reproducible mylar of the plat with signatures shall be
submitted to the office of the City Engineer.
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The plat shall be drawn at a scale of 100 feet to one (1) inch, or at an appropriate scale
as determined by the surveyor, from an accurate survey and on one or more sheets
whose dimensions are as required by state law. If more than two (2) sheets are
required, an index sheet of the same dimension shall be attached and filed. The plat
shall show the following information:
A. The proposed name of the subdivision. The name shall not duplicate, be the same in
spelling or alike in pronunciation with the name of any other recorded subdivision,
unless it is an extension of or adjacent to said subdivision.
B. The names of all adjacent subdivisions, all lot and block lines, types of easements
and rights-of-way. Adjoining unplatted property shall be labeled as such.
C. A systematic lot and block numbering pattern, lot lines and street names, and the
square footage of all lots.
D. The location and width of all proposed and existing rights-of-way, alleys and
easements, as well as the location of any parks and dedicated drainageways.
E. The boundary lines of the area being subdivided with accurate angles or bearings
and distances tying the perimeter boundaries to the nearest established street line,
section corner, other previously described subdivision or other recognized
permanent monuments which shall be accurately described on the plat.
F. Location of all monuments and permanent control points, and all property pins,
either set or located.
G. The identification of any portions of the property intended to be dedicated or granted
for public use such as school or parkland.
H. All dimensions, both linear and angular, necessary for locating the boundaries of the
subdivision lots, streets/roads, alleys, easements and other areas for public or
private use. Linear dimensions are to be given to the nearest 1/100 of a foot.
I. The radii, chords, length or curve, point of tangency and central angles for all
curvilinear streets/roads and radii for rounded corners.
J. The boundary lines of the floodway and 100-year flood zones, along with the base
flood elevation on each lot as delineated on the Flood Insurance Rate Maps (FIRM).
K. The certificate of the surveyor attesting to the accuracy of the survey and the correct
location of all pins and monuments shown.
L. Acknowledgement of the owner or owners of the plat of any restrictions, including
dedication to public use of all streets/roads, alleys, parks or other open spaces
shown thereon and the granting of easements required.
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M. All formal irrevocable offers of dedications for all streets/roads, alleys, parks and
other uses as required.
N. Certificates of approval for endorsements by the City Manager and
acknowledgement by the City Clerk.
O. Certificates for the Director of Equalization, County Treasurer and Register of
Deeds.
51.05.020 Final Plat Approval
The final plat shall be submitted to the Planning Commission for their review and
recommendation to the City Manager. The Planning Commission shall act upon the final
plat within forty-five (45) days after the submission of the final plat to the secretary. If no
action is taken within forty-five (45) days of submission, said final plat shall be deemed
to have been recommended for approval and forwarded to the City Manager for action.
51.06.000 REPLAT APPROVAL
51.06.010 Replat Requirements
A. A replat will be permitted where:
1. The perimeter of the tract being replatted is not altered by the replat.
2. Either the grades are not changed from the drainage plan which was
submitted and approved with the original plat or if the grades are going to be
changed, then a drainage plan shall be submitted and approved for the replat.
3. The replat shall not significantly change any plans that have been prepared
for the placement of utilities in the subdivision. If the resubdivision meets
these stipulations, the replat may be submitted as a plat, provided the
previous platting lines are shown.
B. Any replat of lots containing existing single-family attached dwellings into separate
lots shall include existing building outlines to verify setback requirements. Any other
replat of lots containing existing structures shall certify that the replat meets all
requirements including adequate setbacks and lot area.
C. When application is made for building permits, if the description given for the lots on
the building permit application shows the property lines to be different from the
platted lot lines, a replat will be required for those lots.
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D. Approval of replats. If the replat meets the requirements set forth in this chapter, it
may be submitted to the City Planning Commission and approved in the same
manner as a plat.
51.07.000 SUBDIVISION IMPROVEMENTS AND DESIGN STANDARDS
51.07.010 Street Design
All public street improvements, including pavement width, street grades, alignment and
visibility, and intersections shall be designed in accordance with standard accepted
engineering practice and are subject to the approval of the city engineer. All public
street facilities shall be designed in compliance with the engineering design standards
manual.
51.07.020 Street System Coordination
A. Arrangement. The arrangement of streets in new subdivisions shall conform to the
Major Street Plan and provisions shall be made for the continuation of existing
streets in adjoining areas or their proper projection where adjoining land is not
subdivided. There will be occasions when new streets are proposed which were not
included in the Major Street Plan. When this occurs, the Major Street Plan will be
amended to include these new streets.
B. Design criteria. In general, provisions should be made for a collector street every
half mile, and there should be a street connecting adjacent subdivisions at
appropriate intervals where topographical and land use considerations permit. The
arrangement of all streets and alleys shall be such as not to cause a hardship to
owners of adjoining property when they plat their own land and seek to provide for
convenient access to it.
C. Undeveloped or vacant areas: In undeveloped or vacant areas, streets shall be
identified and classified through the transportation planning process. The location of
major streets shall conform to the major street plan.
51.07.030 Street Names
A. Streets obviously in alignment with existing streets shall bear the names of those
streets.
B. No street names shall be used which will duplicate, be the same in spelling or alike
in pronunciation with any other existing streets. All street names should be kept as
short as possible to permit signs to be no longer than 30 inches. Street names shall
indicate directions either south or west when applicable.
1. Numbered street name suffixes shall be applied as follows:
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a. Street: A road running east and west.
b. Avenue: A road running north and south.
2. Other street name suffixes shall be applied as follows:
a. Road: This suffix shall be reserved for major rights-of-way that run either
east and west or north and south.
b. Lane: A road running northeast to southwest
c. Drive: A road running northwest to southeast
d. Trail: A road that wanders in different directions
e. Circle: All cul-de-sacs.
f. Court: A road with two openings that enter and exit onto the same road.
g. Place: All private roads.
h. Parkway: Limited access roads that are divided by a median
i. Boulevard: A local street divided by a median
3. The prefix of all cul-de-sacs shall, whenever possible, match the prefix of the
intersecting road.
C. When, due to topography, offsets cause streets to become interrupted, quarter-line
and section line streets shall retain the same name on either side of the irregularities.
D. Subdivision names shall not duplicate, be the same in spelling or alike in
pronunciation with any existing subdivision names, and shall be subject to the
approval of the City Engineer.
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51.07.040 Street Standards
A. The developer shall be responsible for dedication of street right-of-way widths
according to the major street plan and not less than as follows:
Street Type Right-of-way in Feet
Arterials 80— 100
Collectors 70
Locals 60
Frontage Roads 50
Cul-de-sacs and eyebrows 60 (radius)
Alleys 20
B. Alleys shall be regulated as follows:
1. Alleys are permitted in commercial and industrial districts when no other
reasonable provision is made for service access, such as off-street loading,
unloading, and parking consistent with the requirements set forth in the zoning
ordinance
2. Alleys are permitted in residential districts when conditions warrant an alternative
means of access.
3. Dead-end alleys shall be avoided, but if unavoidable, they shall be provided with
a turnaround as determined by the City Engineer.
C. Half-streets shall be regulated as follows:
1. Whenever an existing half-street is adjacent to a tract being subdivided, the other
half of the street shall be platted within said subdivision.
2. A preliminary plat of a subdivision may show one-half of a street along adjoining
property which has not been subdivided, but no lot abutting on such half-street
shall have a building permit issued for it until such time as the other half street is
dedicated.
D. Cul-de-sacs and eyebrows will be allowed where they are necessary for the
reasonable development of a subdivision. The maximum length of a cul-de-sac shall
be 600 feet measured along the centerline, between the radius point of the
turnaround and the right-of-way line of the abutting street. The maximum length of a
cul-de-sac may be extended where no other practical alternative is available for the
reasonable development of a subdivision. Temporary turnarounds may also be
required by the City Engineer on dead-end streets that will eventually be continued.
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E. Where street jogs are unavoidable, the centerline offset shall not be less than one
hundred twenty-five (125) feet.
F. Streets shall be laid out in such a manner that they intersect, as nearly as possible,
at right angles and no street shall intersect any other street at less than sixty (60)
degrees.
G. Private streets or roads, if allowed, shall meet the following requirements:
1. Private streets shall be paved by the developer to a width of no less than 28 feet,
and maintained in a passable condition. Greater width may be required when
necessary. All private streets/roads must provide a minimum height clearance of
14' 6" and are subject to the same grade requirements as public streets.
2. The property owner(s) or agent shall place street signs on all private streets or
pay the city to place street signs for private streets at the locations the City
Engineer deems necessary for the safety and convenience of the public. Street
signs shall be of such a style and material to render them.easily readable at night
as well as day, and are subject to the approval of the City Engineer.
3. Buildings located adjacent to a private street or road shall be addressed in
accordance with Brookings Code of Ordinances Chapter 10, Article II, Section
10-22, Premises Identification.
4. Private streets or roads shall be indicated on the plat as a private roadway
easement and shall not be included as part of any required lot area or setback.
5. Any private street or road approved by the city shall provide permanent
unobstructed access to the area it serves. The erecting of any structure within or
adjacent to the private street or road which would in any way interfere with the
use of such private street or road by the public or any governmental agency will
not be permitted.
6. Any plat presented for city approval which shows a private street or road as a
means of access shall include language in the owner's certificate providing for
private maintenance and reserving the private street or road as a permanent
unobstructed access.
7. The City will not subsequently accept a private street or road for dedication
unless and until it is brought to the city standards, providing adequate rights-of-
way without requiring variances for setbacks.
H. When the traffic impact of one or more proposed property developments indicates
that the public safety can be better served by the use of mutual access easements,
the following requirements shall be observed:
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1. Any mutual access easement accepted by the city must provide for perpetual
unobstructed access to the area it serves, and shall prohibit the erection of any
structure within or adjacent to the access area which would interfere with the use
of the mutual access easement by the public or any governmental agency.
2. Mutual access easements shall be indicated on the plat.
3. Any plat presented for city approval which shows a mutual access easement as a
means of access shall provide language in the owner's certificate reserving the
mutual access easement as a perpetual unobstructed access easement.
4. Mutual access easement areas shall be paved by the developer and maintained
in passable condition. Designs for mutual access easements must be approved
by the City Engineer.
5. An easement area maintenance agreement among property owners who will
depend on the mutual access easement for access shall be filed with the plat. It
shall describe the legal responsibilities for the repair and maintenance of the
easement area and the required signs (see 6. below).
6. The developer/owner may be required to place traffic control signs on mutual
access easements or to pay the city to place traffic control signs for mutual
access easements at the locations the City Engineer deems necessary for the
safety and convenience of the public. Traffic control signs shall be approved by
the City Engineer.
I. Concrete or asphalt pedestrian walkways of an appropriate width (as determined by
the engineering design standards) shall be required through blocks where deemed
necessary to provide circulation or access to schools, playgrounds and other
community facilities. They may also be required to provide access through
greenways and common areas. Maintenance shall be the responsibility of the
adjacent property owners unless stated otherwise.
51.07.100 Land Design and Improvements
51.07.110 Blocks
A. The lengths, widths and shapes of blocks shall be determined with regard to the
following:
1. Provision of adequate building sites suitable to the special needs of the type of
use contemplated.
2. The need for convenient access, circulation, control and safety of traffic and
utilities.
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3. Limitations and opportunities of topography,
B. Block lengths shall not exceed 1,000 feet and shall normally be wide enough to
allow two tiers of lots of an appropriate depth.
51.07.120 Lots
A. Lot dimensions shall be appropriate for the location of the subdivision and conform
to the requirements of the zoning ordinance.
B. 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.
C. Corner lots for residential use shall have extra width to permit appropriate building
setbacks from both sides.
D. All interior lot lines shall be a straight line or a series of straight lines. Curved interior
lot lines shall be prohibited.
E. Side lot lines shall be at right angles to the street whenever possible except on
curves where they shall be radial.
F. Each lot shall abut a dedicated street right-of-way or shall include an approved
private street except as in G. below.
G. A lot that will be joined with another existing lot having street frontage shall adhere to
Section 51.06.010 of this ordinance.
H. Where residential lots abut an existing or proposed arterial street, they shall be
double frontage lots.
I. Lot development that would result in reverse frontage lots shall be prohibited.
J. Lots abutting major drainageways, detention ponds or a railroad right-of-way shall be
designed with an increased depth to allow for extra setback.
51.07.130 Developments adjacent to arterial streets
In order to maintain the traffic carrying capacity of an arterial street and protect the
residents of adjacent property from the high traffic volume, land along such arterial
streets shall be subdivided in the manner set forth below:
A. Where double frontage lots are planned, an extra lot depth shall be required to allow
for a greater building setback to offset the impact of high traffic volume.
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B. Corner lots or double frontage lots shall be restricted or limited from accessing an
arterial street in order to maintain its traffic carrying capacity.
C. Frontage roads may be required as the city grows into areas of the county where
excessive access points exist from previous rural developments.
51.07.140 Public Parks and Open Space
Where a proposed park, playground, school or other public use shown in the
comprehensive development plan is located in whole or in part in a subdivision, the
planning commission may require the reservation or option by the appropriate public
agency of the right to purchase such an area within the subdivision. Information
necessary for the consideration of the possible sale of land to a public agency or by any
other method shall be as follows:
A. The size and location of the parcel and its relationship to the subdivision design and
purpose.
B. The topography of the parcel to include elevations, drainage, wetlands, floodplains,
soil suitability, tree cover and other vegetation.
51.07.150 Easements
A. All easements for municipal utilities shall be shown on the final plat.
B. Standard utility easements shall be ten feet in total width and centered on shared lot
lines.
C. Easements wider than ten feet shall be noted on the final plat.
D. Easements along lot lines shall be arranged in such a manner as to eliminate
unnecessary jogs or offsets and to facilitate the distribution of electric, telephone,
sewer, water and gas services.
E. Easements shall conform substantially to the boundaries of watercourses,
drainageways, channels and streams and shall have adequate width for proper
access and maintenance.
51.07.160 Maintenance Agreements
Where a subdivision contains sewers, lift stations, water supply systems, park areas,
road systems or other facilities or services which are necessary to the area, and which
are of common use or benefit and which are not accepted for maintenance by an
existing public agency, provisions shall be made by written agreement for the proper
and continuous maintenance and supervision of such facilities. A signed copy of the
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agreement shall accompany every plat having a facility or service covered by such an
agreement.
51.07.170 Final Drainage Plan
The final drainage plan for the subdivision shall conform to the city approved master
drainage plan. If a master drainage plan is not available for a proposed subdivision
location and if the city deems it necessary, a drainage study will be conducted by the
city on the drainage basin of which the proposed subdivision is part.
All drainage facilities including storm sewers, on-site detention, drainageways, detention
ponds and detention channels shall be designed in compliance with approved
engineering design standards and are subject to approval of the City Engineer.
51.07.180 Final Grading Plan
The final grading plan shall, as much as possible, be designed to conform to the natural
contours of the land. The plan shall be submitted to and approved by the City Engineer.
51.07.190 Erosion
Wherever possible, development plans should coincide with the existing topography in
order to create the least erosion potential. Stripping of vegetation, duration of exposure,
regrading and cut and fill operations should be kept to a minimum. Erosion from
developments or individual building sites shall be prevented from being deposited on
public streets or other adjacent property. Ditches and drainageways shall not be
disturbed without prior approval of the City Engineer.
51.07.200 Preservation of Natural Landscape
Existing natural features such as trees, water courses or similar amenities, which would
add value to a development or to the community as a whole, should be preserved and
integrated into the design of the subdivision. Sensitive environmental areas shall be
reviewed with regard to promoting harmonious design.
51.08.000 RIGHT-OF-WAY IMPROVEMENTS
51.08.010 Water Facilities
A. The developer shall take the action necessary to create or extend a water supply
system capable of providing domestic water use and fire protection to the entire
subdivision.
B. Where a public water main is accessible, the developer shall install adequate water
facilities (including fire hydrants) subject to the specifications of the Brookings
Municipal Utilities Department.
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C. Water main extensions shall be approved by the Brookings Municipal Utilities
Department. If the water main is extended adjacent to property that will not
participate in the initial construction cost of the water main, the developer shall
submit to the department a cost recovery study. The study shall be based upon the
actual construction costs showing the amount due from each property when a
connection is made to the extended water main. To facilitate the study, the location
of all fire hydrants, all water supply improvements, and the boundary lines of
proposed districts shall be shown on the preliminary water and sewer plan.
D. Land, which is located over or adjacent to a water bearing stratum or water supply
reservoir that is designated as an area providing or supplementing the municipal
water supply, shall remain undeveloped and unsubdivided unless public water and
sewer systems are provided.
E. All water facilities including water mains, valves, fire hydrants, storage facilities and
pumping stations shall be subject to the approval of the Brookings Municipal Utilities
Department.
51.08.020 Sanitary Sewer Facilities
A. Each lot within a subdivision area shall be provided with a connection to an
approved public sanitary sewer.
Exception: In areas where a public sanitary sewer is not reasonably accessible, but
such area is included in the comprehensive plan, the developer shall
install sewers in conformance to the wastewater regulations of the State
of South Dakota and all other local applicable rules and regulations.
B. In cases where a connection to an existing public sanitary sewer may not be
immediately practical, a connection may be made to a gravity sewer system by the
use of a lift station constructed in accordance with the regulations and requirements
set forth by the Brookings Municipal Utilities Department.
C. All sanitary sewer facilities including gravity sewers, manholes, lift stations and force
mains shall be designed in accordance with standard accepted engineering practice
and are subject to the approval of the Brookings Municipal Utilities Department.
51.09.000 GENERAL PROVISIONS AND ASSURANCES
51.09.010 Conformity with Other Plans and Ordinances
All subdivision plans and plats shall comply with the following additional laws and
regulations:
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A. The Comprehensive Plan of the city and the policies set forth therein
B. The Zoning Ordinance of the city
C. The Major Street Plan
D. SDCL 11-3-12.1. Approval of access to street or highway prerequisite to filing plat.
E. Other plans which may be or have been adopted that would affect the subdivision
and use of land
51.09.020 Interpretation, Abrogation and Severability
In interpreting and applying the provisions of this ordinance, these regulations are the
minimum requirements for the promotion of public safety, health and general welfare. It
is not the intent of this ordinance to repeal, abrogate or impair any existing easement,
covenant or deed restriction. Where these provisions conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
51.09.030 Amendments
For the purpose of providing for the health, safety and general welfare of the
community, the City Council may from time to time amend the provisions imposed by
these subdivision regulations in the manner prescribed by law.
51.09.040 Variances
The Planning Commission may reduce or otherwise vary the requirements of these
regulations whenever it encounters the situation described below. In granting such
variances, the Planning Commission may require whatever conditions it feels are
necessary to secure the basic objectives of the particular regulations. Any variance
granted by the Planning Commission shall be noted in its official minutes.
A. Hardship. Where the Planning Commission finds that extraordinary hardships or
particular difficulties may result from strict compliance with these regulations, they
may, after written application by the developer, grant variances to the regulations
subject to specified conditions so that substantial justice may be done and the public
interest secured. Such variances shall not have the effect of nullifying the intent and
purpose of these regulations or the Comprehensive Plan.
The Planning Commission shall not grant variances to these regulations unless they
make findings based upon evidence presented to them in each specific case that:
1. Because of unusual surroundings, shape or topographical conditions of the
specific property, a particular hardship to the owner would result, as
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distinguished from a mere inconvenience, if the strict letter of the regulations
were adhered to.
2. The conditions upon which the request for a variance is based are unique to the
property and are not applicable, generally, to other property and have not been
created by any person having an interest in the property.
3. The purpose of the variance is not based exclusively upon a desire for financial
gain.
4. The granting of the variance will not be detrimental to the public's health, safety
or welfare or injurious to property or improvements in the neighborhood in which
the property is located.
B. Large Scale Residential Developments. The standards and requirements of these
regulations may be modified by the planning commission in the case of a plan for a
new residential neighborhood which, in the judgment of the planning commission,
complies with the objectives of the Comprehensive Plan and Section 50.60.000 of
the Zoning Ordinance.
C. Design Innovations. From time to time subdivisions may be designed to provide
unusual amenities and at the same time fail to conform strictly to the provisions of
these regulations. The Planning Commission may waive certain requirements of
these regulations in approving subdivisions involving detailed and workable design
innovations that would yield an enhanced living environment for future occupants.
51.09.050 Assurance Agreements
No plat or plats of any subdivision shall be approved unless the improvements required
by this ordinance have been installed prior to such approval or unless the developer
shall have signed an assurance agreement to establish the responsibility for the
construction of such improvements in a satisfactory manner as specified by the City
Engineer and Brookings Municipal Utilities Department. This assurance agreement
shall be recorded with the Register of Deeds at the time of the filing of the plat.
51.10.000 ENFORCEMENT
A. The City Engineer's Department and Brookings Municipal Utilities Department shall
have the authority to make interpretations of this ordinance and to adopt and enforce
rules and supplemental regulations in order to clarify the application of its provisions.
B. 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 this
ordinance.
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