11-33.2-04. Preparation of subdivision resolution - Contents.
428 words·~2 min read·
/nd/title-11/chapter-11-33-2-subdivision-regulation/11-33-2-04·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The board of county commissioners of any county desiring to avail itself of the powers conferred by sections 11-33.2-01 through 11-33.2-11 and sections 11-33.2-13 through 11-33.2-15 shall direct the county planning commission, as established pursuant to sections 11-33-04 and 11-33-05, to prepare a proposed resolution regulating the subdivision of land. The county planning commission shall prepare the proposed resolution to be submitted to the board of county commissioners and shall file it in the office of the county auditor. The proposed subdivision resolution may include:
1. Provisions for the submittal and processing of plats, and specifications for such plats,
including provisions for preliminary and final approval and for processing of final
approval by stages or sections of development.
2. Provisions for ensuring that:
a. The location, layout, or arrangement of a proposed subdivision shall conform to
the comprehensive plan of the county.
b. Streets in and bordering a subdivision shall be coordinated, and be of such width
and grade and in such locations as deemed necessary to accommodate
prospective traffic, and facilitate fire protection.
c. Adequate easements or rights of way shall be provided for drainage and utilities.
d. Reservations if any by the developer of any area designed for use as public
grounds shall be of suitable size and location for the designated use.
e. Land which is subject to extraordinary hazards, including flooding and
subsidence, either shall be made safe for the purpose for which such land is
proposed to be used, or shall be set aside for uses which shall not endanger life
or property or further aggravate or increase the existing hazard.
3. Provisions governing the standards that public improvements shall meet, including
streets, walkways, curbs, gutters, streetlights, fire hydrants, and water and sewage
facilities. As a condition of final approval of plats, the board of county commissioners
may require that the subdivider make and install such public improvements at the
subdivider's expense and that the subdivider execute a surety bond or other security to
ensure that the subdivider will so make those improvements within such time as the
board of county commissioners shall set.
4. Provisions for release of a surety bond or other security upon completion of public
improvements required to be made by the subdivider.
5. Provisions for encouraging and promoting flexibility, economy, and ingenuity in the
location, layout, and design of subdivisions, including provisions authorizing the board
of county commissioners to attach conditions to plat approvals requiring practices
which are in accordance with modern and evolving principles of subdivision planning
and development, as determined by the board of county commissioners.