(1)

In order to safeguard the best interests of the City of Grand Forks and to assist in harmonizing the subdividers' interest with those of the city at large, this article is adopted. Because each new subdivision becomes a permanent unit in the basic structure of the expanding community and to which the community will be forced to adhere and because piecemeal planning of subdivisions will bring an undesirable disconnected patchwork pattern and poor circulation of traffic unless its design and arrangement is correlated to the comprehensive plan and the street and highway plan of the city aiming at a unified scheme of community interests, all subdivisions of land hereafter submitted for approval to the planning and zoning commission shall in all respects fully comply with the regulations hereinafter set forth in this article.

(2)

It is the purpose of this article to make certain that regulations and requirements for the platting of land within the City of Grand Forks and surrounding area as adopted by the planning and zoning commission of the City of Grand Forks on July 15, 1958, in accordance with the laws of the State of North Dakota and the ordinances of the City of Grand Forks, are hereby adopted as a part of the comprehensive plan of the City of Grand Forks.

(3)

It will be the duty of the planning commission to discourage the subdividing of the lands that are far in advance of the needs of the community; or that by their location cannot be efficiently served by public utilities, fire protection, police protection or other municipal service; or that are located in area subject to flooding or that are topographically unsuitable for development; or that for any other reason are unwisely or prematurely subdivided.

(4)

It shall be the duty of the planning and zoning commission to encourage the replatting of lands deemed to be unsatisfactorily subdivided or underdeveloped. It shall also be the duty of the planning and zoning commission to encourage the coordinated platting of adjacent small parcels of land.

From and after the effective date of this article, the territorial jurisdiction of the City of Grand Forks for the subdivision of land is declared to be, in addition to the entire area within the corporate limits of the City of Grand Forks, the unincorporated territory adjacent thereto located within four (4) miles of its limits in any direction; provided, however that such subdivision authority shall not include territory outside the corporate limits of land attached to the city by a strip of land not more than one hundred (100) feet wide nor to territory outside the corporate limits of land included within such strip of land, except for those portions of such a strip of land and such land so attached to the city which are located in unincorporated territory lying within four (4) miles of the corporate limits of the City of Grand Forks. In all of such territory in which the City of Grand Forks so exercises subdivision jurisdiction, the issuance of permits by the building inspector of the City of Grand Forks shall be a prerequisite to construction, erection, reconstruction, alteration, repair, or enlargement of any building or structure.

(Ord. No. 4128, § V, 3-20-06)

(1)

Any person or firm requesting a zoning classification or a zoning reclassification other than for an A-1 (agricultural preserve) district or an A-2 (agricultural urban reserve) district must file and record an approved subdivision plat of the subject tract with the Grand Forks County Recorder's office if all or a portion thereof has not been previously platted. The subdivision plat must have final approval prior to or concurrent with the final approval of the proposed zoning change.

(2)

If an owner of land that is not already platted divides that land into parcels to transfer ownership for building and development purposes, and if any of the resultant parcels contain less than forty (40) acres, the owner shall divide the property into numbered lots and shall record a plat of that division. Platting is not required for the transfer of property used solely for a farming operation with no residential units or structures. Any transfer of property shall require written notice of zoning and subdivision authority being recorded with the Grand Forks County Recorder's office providing notice of the city's zoning and subdivision ordinances.

(3)

Lands transferred to governmental entities such as the City of Grand Forks, Grand Forks County, Grand Forks-Brenna-Rye-Falconer Townships, State of North Dakota, for the use and benefit of the state highway department, United States government, Grand Forks County Water Resource District, and Grand Forks Park District; public utilities including power companies, telephone companies, cable companies and railroads may be exempt from these regulations provided the transfers are for the purpose of public roadway and utility expansion, and provided the parcels are of a strip-like nature not to exceed four hundred (400) feet in width. Any and all exceptions from these regulations must have approval from the planning and zoning commission and city council prior to the transfer of land. The exemption of these regulations shall pertain to only those lands lying within the city's four-mile limit of jurisdiction and lands which have not been previously platted into lots and blocks.

(Ord. No. 2989, § 1, 11-6-89; Ord. No. 4169, § 3, 2-20-07)

No plat of a subdivision or a resubdivision of land within the City of Grand Forks shall be filed until it shall have been acted upon by the planning commission and the city council of the City of Grand Forks and approved as conforming to the provisions of this chapter and Section 40-48 of the North Dakota Century Code.

(1)

A resubdivision of lots must be made when the title to a portion of a recorded lot is transferred. A plat of the resubdivision shall be made and same shall be filed for record with the register of deeds of Grand Forks County at the same time or prior to the filing of the deed to said portion of a recorded lot.

(2)

This section shall not apply to any past or future transfer of a portion of a recorded lot in a subdivision plat recorded in the office of the register of deeds prior to June 1, 1959, where a portion of the lot was first transferred, as such, previous to such date.

(3)

A resubdivision shall not be made when two (2) or more lots of a recorded subdivision are combined in a single building lot having all boundary lines coincident with lot lines shown on the recorded plat of the subdivision.

(1)

Classification of subdivisions. Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any building permit is issued for the erection of a structure, the subdividing owner or authorized agent shall apply for and secure approval of such proposed subdivision in accordance with the following procedure, which includes two (2) steps for a minor subdivision and three (3) steps for a major subdivision:

(A)

Minor subdivision:

1.

Administrative review.

2.

Final approval.

(B)

Major subdivision:

1.

Administrative review.

2.

Preliminary approval.

3.

Final approval.

(2)

Administrative review. Before preparing the general plan of the subdivision, the subdivider shall consult with the city planning director and the city engineer concerning the relation of the property to existing conditions, future plans, and community facilities, utilities and services. The city planning director shall also advise the applicant, where appropriate, to discuss the proposed subdivisions with those officials who must eventually approve aspects of the subdivision plat coming within their jurisdiction. The subdivider shall provide the city with a master utility plan prior to the recording of the plat. Such plan shall be subject to approval by the city engineer.

(3)

Submittal to the planning department for administrative review or to the planning commission for preliminary approval:

(A)

Minor subdivisions. The planning director or a designated subordinate may give approval during any administrative review process to a minor subdivision if the following conditions are met:

1.

Two (2) copies of the plat will be submitted at least twenty-one (21) days prior to the planning and zoning commission meeting where final approval is sought by the applicant.

2.

The specifications for a plat (section 18-0907) of these regulations have been met.

3.

The planning staff shall discuss the plat with appropriate officials and agencies of local government, Grand Forks Park District, school and other special purpose districts, as the department deems appropriate. The planning department shall prepare a report thereon, setting out whether or not the plat meets the requirements of state law, the city ordinance, and the Grand Forks Comprehensive Plan. The report shall be transmitted to the applicant within five (5) working days from the date it is received.

4.

The planning director shall approve, approve conditionally or disapprove such plat. If approved conditionally, the reasons and conditions shall be stated and the subdivider shall submit a revised plat at least one week (7 days) prior to final approval by the planning and zoning commission. Disapproval by the planning director will automatically require submission to the planning and zoning commission as a major subdivision.

5.

Approval of the plat by the planning director is not an acceptance of the subdivision plat for record but it is rather an expression of administrative approval of a plat for final approval and recording upon fulfillment of all the requirements of these regulations.

6.

Approval shall be effective for a maximum period of six (6) months unless the planning director grants an extension.

(B)

Major subdivision. The city planning and zoning commission may grant preliminary approval of the subdivision plat, provided the following conditions are met:

1.

The subdivider shall apply in writing to the planning and zoning commission for preliminary approval of the subdivision plat.

2.

Three (3) twenty-four-inch by thirty-six-inch prints of the preliminary subdivision plat shall be submitted to the planning department at the city hall at least fourteen (14) days prior to the planning and zoning commission meeting at which the same shall be considered. A preliminary plat shall comply with provisions of section 18-0907. Fees charged for the filing of the preliminary subdivision plat shall be paid in full on the basis of the estimated number of lots created at the time of application for tentative approval. The city right-of-way officer shall prepare a report thereon setting out whether said plat meets the requirements of state law, the city ordinance and the City of Grand Forks Comprehensive Plan. The department shall present said report, together with its recommendations thereon, to the next meeting of the commission as herein set out.

3.

The planning and zoning commission shall approve, approve conditionally, or disapprove such preliminary plat. If approved with modification or waiver of certain requirements by the planning and zoning commission, the reason therefor shall be specified. If approved conditionally the reasons and conditions therefor shall be stated. In any conditional approval the planning and zoning commission may require the subdivider to submit a revised preliminary plat. If disapproved the reasons for that action shall be stated. The planning and zoning commission may make recommendations on the basis of which the proposed subdivision may be approved.

4.

Approval of the preliminary plat by the planning and zoning commission is not an acceptance of the subdivision plat for record but is rather an expression of approval of a general plat as a guide to preparation to the subdivision plat for final approval and recording upon fulfillment of all requirements of these regulations.

5.

Approval shall be effective for a maximum period of twelve (12) months unless, upon application by the developer, the planning commission grants an extension. If the final plat has not been submitted for final approval within this time limit, a preliminary plat must again be submitted to the planning and zoning commission for approval.

(4)

Submittal to the planning and zoning commission for final approval:

(A)

After the preliminary plat has been approved and the subdivider determines to proceed to secure approval of all or a part therefor as a final plat, the final plat shall be submitted to the planning and zoning commission.

(B)

Three (3) twenty-four-inch by thirty-six-inch prints of the final subdivision plat shall accompany the application for final approval which shall be submitted to the planning department at least fourteen (14) days prior to the planning and zoning commission meeting at which the same shall be considered. The application shall be accompanied by a current licensed attorney's title opinion, a fee as required by section 18-1103, interests and lien interests, a completed certificate attesting to payment of current and past due taxes, photographic reductions of the plat as specified by the planning director, and any other materials as may be required by these regulations or by the planning and zoning commission or city council. The right-of-way officer shall prepare a report setting out whether or not said final plat is in substantial agreement with the preliminary plat and, if not, in what particulars it varies and whether it conforms to the requirements of state law and the city ordinance and that the final plat meets all the conditions attached to the approval of the preliminary plat. At this time an adjusted filing fee shall be determined and an additional fee shall be paid.

(C)

After receipt of the application for final approval, the planning department shall give notice of a public hearing on such proposed major subdivision by advertising the time and place of such hearing in a newspaper of general circulation in the City of Grand Forks or in the county concerned at least ten (10) days prior to the date of such hearing. The subdivider will furnish the name and address of the owner of the land or agent at the time of application and the planning department shall send to said address by registered mail a notice of the time and place of such public hearing not less than five (5) days before the date fixed for the hearing. The public hearing may be held at a regular meeting or special meeting of the planning and zoning commission.

(D)

After a public hearing, the planning and zoning commission will act upon the request for final approval. If the planning commission approves the subdivision, such approval will be entered upon the plat and will be signed by the secretary and president of the planning commission. If the planning and zoning commission disapproves the subdivision, such action together with the reasons therefor, will be entered in the official minutes of the planning and zoning commission and the planning director shall notify the subdivider of the action. If the commission shall determine that it cannot approve the plat unless certain conditions are attached, the commission shall by motion set forth the conditions for approval and send a copy of such conditions to the subdivider and all further action on the plat shall be suspended until the subdivider shall respond thereto; provided that if no further action is taken by the subdivider within a thirty-day period, the plat shall be deemed to be disapproved.

(E)

The planning and zoning commission will act upon all requests for final approval of a subdivision within thirty (30) days after application for such approval is made. Failure by the planning and zoning commission to act within such period shall be deemed as approval of the subdivision and the secretary of the planning and zoning commission shall issue a certificate to that effect upon demand. However, the subdivider may waive this requirement and agree to an extension of this period.

(F)

Upon final approval of a subdivision involving the creation of new streets, the widening, decreasing or vacation of existing streets or alleys or the creation, enlargement or decrease of other lands devoted to public use, the planning and zoning commission shall at the same time and without further public hearing approve such change in streets, alleys or public lands as an amendment to the comprehensive plan. The planning and zoning commission will transmit notice of such action to the city council of the City of Grand Forks, together with appropriate recommendations concerning the acceptance of dedicated streets and alleys or the vacation thereof and of the acceptance of other dedicated lands. In the case of streets, alleys and public lands lying outside the City of Grand Forks, notice of the action of the planning and zoning commission and appropriate recommendations will be transmitted to the board of county commissioners of Grand Forks County or other body having jurisdiction.

(G)

Final action by motion on the final plat shall be communicated forthwith to the subdivider by the planning department and a copy of the motion shall be sent to the city council together with the plat and such other data as the commission shall determine.

(5)

Submittal to the city council for final approval:

(A)

Upon the adoption of the motion of approval or disapproval by the planning and zoning commission, the final plat shall come before the city council for review.

(B)

The council shall have the authority to hold such hearings on the final plat as it shall determine and upon such notice as it shall provide.

(C)

If the council is not satisfied with the final plat as presented it may:

1.

Disapprove the same;

2.

Set forth such conditions and requirements as it shall require to be fulfilled before the same is approved; or

3.

Refer the same to the planning and zoning commission for such further action as it shall determine. Upon such referral the planning and zoning commission shall act thereon at the next meeting and report back to the council no later than thirty (30) days after the said action of the city council.

(D)

If the council shall determine to accept the plat it shall, by resolution, so determine and the resolution shall provide for the acceptance of all streets, alleys, easements or other public ways, parks and other spaces dedicated to public purposes.

(E)

The action of the city council finally determining the matter shall be communicated to the subdivider and if the plat is disapproved, reasons given by the council for such determination shall be set forth.

(F)

A final plat that is approved by the governing body shall be filed for record with the Grand Forks County Recorder's office within one hundred eighty (180) days after approval by the Grand Forks City Council unless time for recording is extended at the discretion of the planning director.

(Ord. No. 2869, §§ 1, 2, 5-2-88; Ord. No. 4169, § 4, 2-20-07)

Any person desiring to lay out an addition or a subdivision shall cause the same to be surveyed and a plat thereof made. The contents of the plat shall include the following:

(1)

Design standards and specifications.

(A)

The plat must describe particularly and set forth all the streets, alleys, and public grounds, and all outlots or fractional lots within or adjoining the addition or subdivision, together with the names, widths, courses, boundaries, and extent of all such streets, alleys, and public grounds, and giving the dimensions of all lots, streets, alleys, and public grounds within the addition or subdivision and to a distance of one hundred (100) feet beyond.

(B)

All lots and blocks, however designated, must be numbered in progressive numbers or letters in the case of replats, and their precise length, width, and area shall be stated on the map or plat. The streets, alleys, or roads which divide or border the lots must be shown on the map or plat.

(C)

The plat must indicate that all outside boundary monuments have been set. There must be shown on the plat all survey and mathematical information, including bearings and distances, and data necessary to locate all monuments and to locate and retrace all interior and exterior boundary lines appearing on the plat. The outside boundary lines of the plat must be correctly designated on the plat and show bearings on all straight lines, or angles at all angle points, and central angle radius, and arc length for all curves. All distances must be shown between all monuments as measured to the hundredth of a foot. All lot distances must be shown on the plat to the nearest hundredth of a foot and all curved lines within the plat must show central angles, radii, and arc distances. A north arrow and the scale of the plat must be shown on the plat. The scale must be of a dimension that the plat may be easily interpreted. If a curved line constitutes the line of more than one (1) lot in any block of a plat, the central angle for that part of each lot on the curved line must be shown.

(D)

Ditto marks may not be used on the plat for any purposes.

(E)

In any instance where a river, stream, creek, lake or pond constitutes a boundary line within or of the plat, a survey line must be shown with bearings or angles and distances between all angle points and their relation to a waterline, and all distances measured on the survey line between lot lines must be shown, and the survey line shown as a dashed line.

(F)

The outside boundary lines of the plat must close by latitude and departure with an error that does not exceed one (1) in ten thousand (10,000).

(G)

All rivers, streams, creeks, lakes, ponds, swamps, and all public highways, streets, and alleys laid out, opened or traveled (existing before the platting) must be correctly located and plainly shown and designated on the plat.

(H)

The names and adjacent boundary lines of any adjoining platted lands must be dotted on the plat.

(I)

A borderline must be placed one-half (½) inch inside the outer edges of the plat on the top, bottom, and right-hand side of the plat; a borderline must be placed two (2) inches inside the outer edge on the left-hand side of the plat.

(J)

The scale must be shown graphically and the basis of bearing must be shown.

(K)

The purpose of any easement shown on the plat must be clearly stated and must be confined to only those that deal with public utilities, and drainage easements deemed necessary for the orderly development of the land encompassed within the plat. Building setbacks shall not be shown on the plat. All easements created or dedicated by the plat must be approved by the governing body of the jurisdiction before recording of the final plat. Private easements may be shown and identified when deemed appropriate by the city right-of-way officer.

(L)

Any plat which includes lands abutting upon any lake or stream must show, for the purpose of information only, a contour line denoting the present shoreline, water elevation, and the date of survey. If any part of a plat lies within the intermediate regional floodplain (one hundred-year floodplain) of a river or stream as designated by the state water commission or United States [Army] Corps of Engineers, the mean sea level elevation of that intermediate regional flood (one hundred-year flood) must be denoted on the plat by numerals. Topographic contours at a two-foot contour interval referenced to mean sea level must be shown for the portion of the plat lying within the floodplain. All elevations must be referenced to a durable benchmark described on the plat together with its location and elevation to the nearest hundredth of a foot, which must be given in local mean sea level datum if the benchmark with known sea datum is available within one-half (½) mile or a longer distance that is practical. Other lands shall have spot elevations along with the outline of any existing structures.

(M)

Location by section, township, range, county and state and including descriptive boundaries of the subdivision based on an accurate traverse, giving angular and linear dimensions which must mathematically close. The location of monuments shall be shown and described on the final plat. Location of such monuments shall be shown in reference to existing official monuments or to the nearest established street lines, including true angles and distances to such reference point or monuments. Permanent monuments shall be placed at each corner of each block or portion of a block. Points of curvature, points of tangents on street lines at each angle point on the boundary of the subdivision and at "all other lot corners" not heretofore mentioned. Those "other lot corners" shall be placed prior to the issuance of any building permit involving those lots that were created after the final adoption and recording of this section. It shall be the responsibility of the lot owner requesting a building permit to furnish the city building inspector with a surveyor's certificate, along with a copy of the survey submitted on or in a form approved by the city engineer indicating that the required lot pins have been placed. A minimum acceptable marker shall be deemed to be a durable ferromagnetic monument not less than eighteen (18) inches in length and having a minimum sectional dimension equal to a number five (#5) reinforcing rod, driven to an elevation depth of not less than ten (10) to twelve (12) inches below original ground line to which is affixed a cap bearing the center point and the registered land surveyor's certificate number firmly impressed thereon. Each monument shall have its location identified by a flag or lath and at the location of each corner of each block, portion of a block, point of curvature, point of tangents on street lines, and at each angle point on the boundary of the subdivision there shall be placed a metal fence post, at least five (5) feet in length. In situations where conditions prohibit the placing of monuments in the location prescribed above, offset markers will be permitted. The exact location of all markers shall be shown on the plat, together with accurate interior angle, bearing and distances.

(N)

Proposed name of subdivision, which name shall not duplicate or too closely approximate the name of any plat or existing subdivision heretofore recorded in the county.

(O)

Total acreage in said plat computed to one-tenth ( 1/10 ) of an acre along with the square footage of individual lots and rights-of-way.

(P)

In replats of any former plat the lot and block arrangement of the plat of record along with its original name shall be indicated by dotted or dashed lines. Also, any revision or vacated roadway of the original plat of record shall be so indicated.

(Q)

Layout of proposed streets, alleys, pedestrian ways and easements, showing right-of-way widths and proposed names of streets. The name of any street similar to or heretofore used in the city shall not be permitted unless the proposed street is an extension of an already named street in which event that name shall be used. All street names shall be subject to the approval of the planning and zoning commission.

(R)

Location and size of proposed parks, playgrounds, churches, or school sites or other special uses of land to be considered for dedication to public use, or to be reserved by deed or covenant for the use of all property owners in the subdivision and any conditions of such dedication or reservation.

(S)

Except for application for a replat, vicinity sketch, at a scale of one (1) inch equals one thousand (1,000) or less feet for an area one-half (½) mile in radius of the tract, to show the relation of the plat to its surroundings.

(T)

The owner or subdivider shall submit a plat, together with all necessary supplementary information. The plat shall consist of one (1) print and shall be on a media approved by the right-of-way officer and in sheet sizes of twenty-four (24) by thirty-six (36) inches, or other size approved by the right-of-way officer.

(U)

In addition to the foregoing and where not in conflict with the foregoing, all preliminary and final plats submitted for approval shall conform to the provisions of N.D.C.C. chapter 40-50.

(2)

Extraterritorial area subdivision submission requirements.

(A)

In addition to all other application and submission requirements, the applicant for a subdivision in the extraterritorial zoning jurisdiction shall submit the following:

1.

Street right-of-way, drainage, and grading plan. This plan shall detail the grading of the proposed lots, the stormwater drainage plan, the cross section and cross slope of the proposed roadway(s), the cross section and cross slope of any proposed ditch(es), and the proposed ditch bottom profile. Culvert sizes and elevations shall also be specified. The city engineer shall specify the street right-of-way for proposed streets. The plan shall also identify the base flood elevation and shall describe the manner in which roadways and building sites will meet or exceed the base flood elevation if the site elevations are lower than base flood elevation.

2.

Wastewater treatment plan. This plan shall identify the proposed method of wastewater treatment. The proposed location of the on-site septic system shall be shown on a copy of the proposed plat. The location of a shared drainfield shall be shown on a copy of the proposed plat. The location for a replacement drainfield shall also be specified to ensure space is available in the event it is needed. Intended ownership of the property on which the shared drainfield is to be located shall be described in the wastewater treatment plan. The plan shall include the utility plans for sewer pipes and general locations of connections to future dwellings on each lot. The plan shall also describe the manner in which the system can be converted to city sewer services in the future. The plan shall also describe the location and means by which an emergency disconnection value will be installed in the event of flood conditions. The plan shall include a description of the type and level of maintenance required for the system. The wastewater treatment plan is subject to review and approval of the city engineer. If the applicant intends to use city sewer service, the wastewater treatment plan shall consist of an engineered plan for extending sewer services in a manner that meets city standards, and is subject to review and approval of the city engineer.

3.

Water plan. The water plan shall consist of either documentation that the applicable rural water district has agreed to provide water to the proposed subdivision or plans for extending and connecting to the city water system. The plan shall include a description of the type and level of maintenance required for the system. Such plans shall meet city standards and are subject to the review and approval of the city engineer.

4.

Roadway maintenance plan. The roadway maintenance plan shall consist of an agreement, covenant or other document in recordable form specifying the party responsible for maintaining the roads within the development, or communication from the applicable township officials stating that the township shall provide road maintenance services.

5.

Covenant for infrastructure maintenance. The application shall consist of an agreement, covenant or other document in recordable form specifying the party responsible for conducting maintenance and funding maintenance of any private infrastructure, such as wastewater or water systems.

6.

Waiver of right to protest annexation. If the applicant is within one quarter (¼) mile of city limits or is requesting the extension of city sewer or water services to serve the proposed subdivision, the application shall include a waiver of the right to protest annexation.

7.

Title opinion and receipt for paid taxes. To ensure that the plat accurately reflects ownership of the property, any easements or rights-of-way, and to ensure that there are no outstanding issues or owed taxes that would prevent the plat from being recorded, the applicant shall submit a title opinion prepared by a licensed attorney and addressed to the planning director, and a receipt from the county for paid taxes.

8.

Recordable notice. Any application for a proposed residential subdivision in an A-1 or A-2 zoning district shall be accompanied by a recordable written notice of zoning and subdivision authority providing notice of the city's zoning and subdivision ordinances.

(3)

Additional notification requirement for extraterritorial area subdivision application. The city, prior to final approval by the city council, shall, by certified mail, notify the chair of the board of township supervisors that an application for that approval within the township has been initiated.

(4)

Rights-of-way.

(A)

The arrangement of arterial and collector streets shall conform as nearly as possible to the Grand Forks Comprehensive Plan. Except for cul-de-sacs, loop streets and courts, streets normally shall connect with streets already dedicated in adjoining or adjacent subdivisions or provide for future connections to adjoining unsubdivided tracts or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of arterial and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, and to the proposed use of the area to be served.

(B)

Local streets should be so planned as to discourage their use by nonlocal traffic. Dead-end streets are prohibited, but cul-de-sacs will be permitted where conditions justify their use. Street cul-de-sacs shall normally not longer than five hundred (500) feet, including a terminal turnaround which shall be provided at the closed end with an outside right-of-way radius of not less than sixty-five (65) feet. If adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line.

(C)

Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider.

(D)

When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision with provision for adequate utility connections for such resubdivision.

(E)

Streets shall be laid out so as to interest as nearly as possible at right angles except where topography or other conditions justify variations. The minimum angle of intersection of streets shall be eighty (80) degrees, street intersection jogs with an off-set of less than one hundred twenty-five (125) feet shall be avoided on all arterial and collector streets.

(F)

Wherever the proposed subdivision contains or is adjacent to the right-of-way of a limited or controlled access U.S. or state highway or an arterial street, provision shall be required to be made for a service road approximately parallel and adjacent to the boundary of such right-of-way or for a street at a distance suitable for the appropriate use of land between such street and right-of-way. Such distance shall be determined with due consideration of the minimum distance required for approach connections to further grade separations, grade crossings or for lot depths.

(G)

Alleys shall be provided in commercial and industrial districts, except that this requirement may be waived where other definite and assured provision is made for service access such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed. Alleys, where provided, shall not be less than twenty-five (25) feet wide for residential alleys and not less than thirty (30) feet for commercial and industrial alleys. Dead-end alleys will not be permitted except that this requirement may be waived where an adequate turnaround is provided.

(H)

Dedication of half streets will not be approved except where it is essential to the reasonable development of the subdivision and in conformity with the other requirements of these regulations where it is found that it will be practical to require the dedication of the other half when the adjoining property is subdivided or where it becomes necessary to acquire the remaining half by condemnation so it may be improved in the public interest.

(I)

For all public ways hereafter dedicated and accepted the minimum right-of-way widths shall be as shown in the comprehensive plan for Grand Forks, and where not shown therein, the minimum right-of-way for streets, alleys or pedestrian ways included in any subdivision shall not be less than the minimum dimensions for each classification as follows:

The planning and zoning commission may require additional rights-of-way where existing or anticipated conditions warrant greater widths.

(J)

All proposed streets shall be offered for dedication as public streets.

(K)

Types of rights-of-way: The right-of-way locations shall be as shown in the transportation element of the city's comprehensive plan and where not shown thereon locations for street rights-of-way shall be as follows:

1.

Arterial (principal and minor). Along all section lines.

2.

Collector. Along all quarter section lines.

All other rights-of-way may be located as per the designer's plan provided they are not in conflict with other sections of this Code.

(L)

Right-of-way access. Access to streets shall be allowed as shown on the official access management map, unless otherwise restricted by negative access easements or other limitations as indicated on the plat. Classifications for access management are as follows:

1.

Access control. Full access may not be granted at all potential access points; limited access, which restricts some turning movements, may be necessary on access spacing less than one-fourth (¼) mile. All intersections have an intersection functional area; no full access shall be permitted within the functional area. Restricted (partial movement) access may be permitted upon review by the city engineer on the downstream side of an intersection, provided the access point is beyond the intersection functional area and provided that driveway design and a raised median prevent the prohibited turning movements. The city engineer may, at his discretion, require the filing of an acceptable traffic impact study to determine the need for any access control.

a.

Level 6 access controlled streets. Direct access to all lots is allowed, with no minimum driveway spacing, provided that at corner lots in residential zoning districts, access is a minimum of fifteen (15) feet from the block corner, and at corner lots in multiple dwelling districts and non-residential districts, access is a minimum of fifty (50) feet from the block corner.

b.

Level 5 access controlled streets. No single individual residential dwelling (established pursuant to this chapter) shall be permitted direct access to a level 5 access controlled street. All other uses with one hundred fifty (150) feet or more of frontage may take direct access. Uses with less than one hundred fifty (150) feet of frontage shall not be permitted to take access directly and shall be required to share common drives. No full access shall be permitted at any point within three hundred (300) feet of any intersection or the intersection functional area, whichever is longest.

c.

Level 4 access controlled streets. Access shall be permitted provided that the point of access is a minimum of six hundred sixty (660) feet from any intersection or other point of access. Restricted access less than this spacing may be authorized based on a traffic impact study demonstrating acceptable traffic operations.

d.

Level 3 access controlled streets. Access shall be permitted provided spacing of one-fourth (¼) mile (1,320 feet), unless otherwise authorized based on a corridor traffic study demonstrating acceptable traffic operations with less than one-fourth-mile intersection spacing. Under no circumstances shall full access be allowed with less than six hundred sixty (660) feet between intersections and/or driveways. Restricted access less than this spacing may be authorized based on a traffic study demonstrating acceptable traffic operations.

e.

Level 2 access controlled streets. Access shall be permitted provided spacing of one-half (½) mile (two thousand, six hundred forty (2,640) feet), unless otherwise authorized based on a corridor traffic study demonstrating acceptable traffic operations with less than one-half-mile intersection spacing. Under no circumstances shall full access be allowed with less than one thousand three hundred twenty (1,320) feet between intersections and/or driveways. Restricted turning movement access less than this spacing may be authorized based on a traffic study demonstrating acceptable traffic operations.

f.

Level 1 access controlled streets. Access shall be permitted subject to approval by the Federal Highway Administration and the North Dakota Department of Transportation.

g.

Existing lot sizes and access locations do not always allow for the practical enforcement of controlled access management. In these cases, the city shall have the authority to review driveway and intersection spacing on a case-by-case basis, taking into consideration the necessity of the access, the relative location of other access points along the same and opposite sides of the street, opportunities for shared access, and opportunities for on-site modifications that will optimize the location of the driveway or intersection. Using these considerations, the city shall have the authority to approve driveway and intersection spacing that does not meet spacing required above. This provision shall not apply to properties subdivided prior to the 17 ^th day of April, 2006 or where access management or access control has been established as part of a street reconstruction project.

(5)

Easements:

(A)

An easement for utilities at least ten (10) feet wide shall be provided along each front lot line and along any other line as may be necessary for the continuation of existing easements and in other areas as necessary for the orderly extension of utilities.

(B)

Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the city council by resolution upon the recommendation of the city planning and zoning commission.

(C)

Additional easements for pole guys should be provided at the outside of turn. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall along side lot lines.

(D)

Where a subdivision is traversed by a water course, coulee, drainageway, channel, or stream, then and in that event, a storm water easement, drainage right-of-way, or park dedication, whichever the planning and zoning commission may deem the most adequate, conforming substantially with the lines of such water course shall be provided together with such further width or construction or both as will be adequate for the storm water drainage of the area.

(6)

Blocks.

(A)

Block length. In general, intersecting streets determining block lengths shall be provided at such intervals as to serve cross traffic adequately and to conform with the right-of-way access requirements of [sub]section 18-0907(4)(L). Where no existing plats control, the blocks in residential subdivisions shall normally not exceed one thousand three hundred twenty (1,320) feet in length, except where topography or other conditions justify a departure from this maximum. In blocks longer than eight hundred (800) feet, pedestrian ways and/or easements through the block may be required. The width and location of such pedestrian ways shall be subject to the approval of the planning commission.

(B)

Block width. The width of the block shall normally be sufficient to allow two (2) tiers of lots of appropriate depth, except in such cases where lots fronting on service roads are necessary for traffic control. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective uses including adequate space for off-street parking and deliveries.

(C)

[Collector streets.] Blocks adjacent to collector streets should be oriented so that the front yards are oriented toward local streets, and sidewalks are oriented toward collector streets. In situations where front yards must be oriented toward collector streets, lot widths shall be established to provide conformance with [sub]section 18-0907(4)(L) Right-of-way access.

(7)

Lots.

(A)

[Minimum dimensions.] The minimum lot area, width, and depth shall not be less than that established by the Grand Forks Zoning Ordinance.

(B)

[Corner lots.] Corner lots for residential use shall have additional width to permit appropriate building setback from both streets and right-of-way access requirements as defined in the Grand Forks Zoning Ordinance. Lots abutting a mid-block pedestrian crosswalk shall be treated as corner lots.

(C)

[Side lines of lots.] Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines.

(D)

Reverse frontage. Lots shall back into such features as freeways, arterial streets, shopping centers, or industrial properties. Lots extending through a block and having frontage on two (2) local streets shall be prohibited.

(E)

[Frontage.] Every lot must have a frontage on a public dedicated street, other than an alley, of at least twenty-five (25) feet.

(8)

Public sites.

(A)

The purpose of this section is to provide an equitable and effective development standard for securing adequate land for parks, playgrounds, and recreational purposes in new residential subdivisions within the city and within the zoning jurisdiction of the city as established by N.D.C.C. § 40-47-01.1.

(B)

A park dedication committee consisting of one (1) representative of the planning and zoning commission, one (1) member of the Grand Forks Park District, and one (1) member of the Grand Forks City Council shall consider the proposed residential subdivision for purposes of determining the need for parks, playgrounds, conservation areas, or other public or recreational areas or open space. The park dedication committee shall recommend to the Grand Forks Planning and Zoning Commission, the Grand Forks Park District, and the Grand Forks City Council the dedication of sufficient property for the establishment of parks, playgrounds, conservation areas, or other public or recreational areas or open space in accordance herewith. Any dedication of such property or the payment of an equivalent sum of money by the subdivider must be approved by a simple majority of the following governmental units: the Grand Forks Planning and Zoning Commission, the Grand Forks Park District, and the Grand Forks City Council.

(C)

The subdivider shall dedicate land on the plat or shall convey to the Grand Forks Park District by warranty deed, land, exclusive of public streets, alleys, and pedestrian ways, in an amount not less than eight (8) percent of the total gross acreage owned or controlled by the subdivider.

(D)

Where the area within a new residential subdivision designated for a proposed park, playground, conservation area, or other public or recreational area or open space exceeds the area equivalent to eight (8) percent of the total acreage owned or controlled by the subdivider, the entire area shall be reserved for such public use on all subdivision plans and plats; and the acquisition of such additional area shall be secured by the park district or arrangements made for its acquisition within a period not to exceed three (3) years from the date of approval of the subdivision plat.

(E)

Where less than eight (8) percent of the total gross area of a new residential subdivision is proposed for public parks, playgrounds, conservation areas, or other public or recreational areas or open space, the subdivider shall dedicate the same on the plat and shall convey to the Grand Forks Park District by warranty deed such area within the new residential subdivision that is less than eight (8) percent of the total acreage owned or controlled by the subdivider and, in addition, shall pay to the Grand Forks Park District a sum of money that, shall equal eight (8) percent of the appraised value of the land before it is subdivided.

(F)

Where there is no proposed park, playground, conservation area, or other public or recreational area or open space determined or designated to be necessary, the subdivider shall pay to the Grand Forks Park District a sum of money in an amount of not less than eight (8) percent of the total value of the total gross acreage owned or controlled by the subdivider.

(G)

If the value of the subject land cannot be mutually agreed to, the value shall be established by three (3) qualified appraisers, one (1) of whom shall be appointed by the Grand Forks Planning and Zoning Commission, one (1) by the subdivider, and one (1) mutually selected by the appointed appraisers. If agreement cannot be reached on the third appraiser, an application may be made to the district court for the appointment of a third appraiser. The appraisal costs and all incidental expenses to the appointment of such appraisers shall be borne by the subdivider.

(H)

Sums of money received by the Grand Forks Park District pursuant to this section shall be placed in a special fund allocated by the park board solely for the purpose of purchase or development of public recreational sites benefiting the subdivision from which payment was received. Payment is to be made upon approval of the subdivision plat, or upon such terms and with such security as the Grand Forks Park District may require.

(I)

Any land to be dedicated as required by this section shall be reasonably adaptable for use for public recreational purposes and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of a proposed park or recreational area shall include the size and shape, topography, geology, tree cover, access, and location.

(J)

Dedications or payments, as required hereunder, shall apply to new residential subdivisions and to existing subdivisions whose use is changed from commercial or industrial to residential; provided, however, no such dedication or payment shall be required of the subdivider or developer of any property who has previously complied with the requirements of this section with respect to the particular property.

(9)

Flood information. Proposed subdivision plats which contain lands subject to inundation by a one-hundred-year regional flood and/or land subject to more frequent inundation from the Red River of the North and English Coulee shall include the following on said subdivision plat:

(A)

The floodway. The city engineer shall be responsible for the determination and designation of the floodway to be based on established criteria and the best available information.

(B)

[Flood protection elevation.] The flood protection elevations at the extreme upstream and downstream limits of the proposed subdivision plat. These elevations are to be determined from the latest regional floodwater surface profile in Grand Forks, North Dakota, which is filed in the office of the city engineer.

(C)

[Floodplain control line.] The floodplain control line which will designate the extent of the area on the subdivision plat which is subject to inundation by a regional flood. The location of the floodplain control line is to be determined by a curvilinear application of the flood protection elevations to the existing topography of the subdivision plat.

(D)

Subdivision proposals. All subdivisions located within a flood district must meet the following standards (PUDs included):

1.

All subdivision proposals shall be consistent with the need to minimize flood damage.

2.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

3.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

4.

Base flood evaluation [data] shall be provided for subdivision proposals and other proposed development which contain fifty (50) lots or five (5) acres (whichever is less).

(Ord. No. 3341, §§ 1, 2, 11-15-93, Ord. No. 3381, § 1, 3-7-94; Ord. No. 3652, § III, 7-7-97; Ord. No. 3770, § I, 2-16-99; Ord. No. 3966, § I, 4-21-03; Ord. No. 4169, § 5, 2-20-07)

(1)

Improvements inside city:

(A)

General approval:

1.

Before a final plat may be approved by the city council, the owners shall execute and submit to the council an agreement, which shall be binding on the owners and their heirs, personal representatives and assigns, that acknowledges that no building permits shall be issued and no private construction on said land will occur except with approval of the city engineer, until all improvements required under this chapter have been petitioned for, arranged for, or have been constructed.

2.

No final plat shall be approved by the council without first receiving a report from the city engineer certifying that the improvements described herein, together with the agreements and documents required herein, will meet the minimum requirements of all applicable ordinances.

3.

A certified copy of the plat restrictions shall be filed with the city auditor and the Grand Forks County Recorder's office and shall include a provision that, in all instruments of sale or conveyance, given before all street improvements have been made, the grantee shall agree to and approve such improvements and the assessment of their cost.

(B)

Financing. All utilities and streets shall be financed by one (1) of the following methods. Regardless of the method used, all utilities and streets shall be installed according to city construction specifications and shall be approved by the city engineer prior to the commencement of any construction activity:

1.

Before the contract for any city-constructed facility in any new subdivision will be awarded, the developer shall deposit with the city auditor cash or negotiable securities in the amount of fifty (50) percent of the contract price of the facility, plus all legal, administrative, engineering, financing, and contracting costs.

2.

In lieu of (1)(B)1., the developer may make the deposit described in (1)(B)1., in four (4) equal installments, the first installment to be paid prior to the awarding of the contract by the city. Each subsequent installment shall be due on or before June 1 of each year thereafter. Each installment shall include interest at the city's rate plus two (2) percent. In addition, the developer shall submit an acceptable bond or other surety guaranteeing payment of the installments.

3.

In lieu of (1)(B)1., the developer may install water mains and sanitary sewers in the subdivision at developer's own cost provided that, in the city engineer's judgment, the cost of said water mains and sanitary sewers will be equivalent to fifty (50) percent of the cost of all facilities for the development. When water mains and sanitary sewers are installed by the developer, they shall be constructed in accordance with city construction standards. Plans, specifications and final construction shall be approved by the city engineer.

4.

In lieu of (1)(B)1., the developer may install all facilities at developer's own cost. Facilities installed by the developer shall be constructed in accordance with city construction standards. Plans, specifications and final construction shall be approved by the city engineer.

5.

In lieu of (1)(B)1., the city and the developer may enter into a contractual arrangement for the construction of facilities with respect to those developments which, in the opinion of the governing body of the City of Grand Forks, warrant an exception from these provisions. Such an agreement shall be made only after the governing body of the City of Grand Forks has determined that existing conditions satisfactorily warrant an exception from these provisions and that bonds issued for the cost of facilities shall not be defaulted upon and which contractual arrangement shall make suitable arrangement for the payment of special assessments.

6.

All bonds, letters of credit, sureties, or other securities deposited with the city as required hereby shall continue in effect until the property has been developed.

7.

The city council may wave the deposit requirement, as described in this subsection, in whole or in part for the construction of utilities and streets within a designated affordable housing development area.

(C)

Improvements. The following improvements shall be constructed as provided for in this section. Programming of improvements shall be approved by the city engineer.

1.

City obligation: The City of Grand Forks will construct, furnish, and install at city expense, the following improvements according to city specifications. Furnishing of these shall be commensurate with available city funds for such work and according to programs and priorities as established by the city council. If the developer should desire any of these improvements sooner than the city would be able to furnish them, then the costs of the following improvements shall be paid for by the developer:

(a)

Street lighting, excluding ornamental lights, shall be provided by the city, preferably after curb and gutter have been installed. If additional or other type of lighting than normally provided for by the city is requested by the developer or owner, they shall pay the increased cost thereof.

(b)

The city shall not share in the cost of water mains, sanitary sewers, storm sewers, street and alley grading, curbs and gutters, sidewalks, crosswalks, paving, nor monuments, except where such improvements are greater than are required to serve the immediately benefiting area.

2.

Obligations of developer: The developer shall pay the proportionate amount of the following improvements for the subdivision. Financing shall be according to subsection (1)(B) of this section.

(a)

Site grading; necessary site grading shall be accomplished by the subdivider.

(b)

Street grading; street grading for the full width of right-of-way shall be accomplished by the subdivider. If no site grading is to be accomplished the street grading will be included with subsequent street improvements. Street grading shall precede any underground work. Where street grading is not to be immediately followed by street paving, the developer may be required to provide permanent grade markers at the right-of-way lines of all streets of a standard approved by the city engineer.

(c)

Street improvements; street improvements, including base, curb and gutter, boulevard sodding, inlets and leads, and paving, shall be constructed according to standard city specifications or as approved by the city engineer. All required underground work shall have preceded any permanent street improvements. Any improvements on a county road shall be approved by both the county and city engineer. Temporary construction may, at the discretion of the city engineer, be required for just cause on any street, streets, or portion thereof. Reconstruction or alteration in any way of existing streets affected by the plat or improvements thereupon shall be subject to the approval of the city engineer. All costs therein incurred, for either temporary access or reconstruction, shall be borne by the owner or subdivider. Half streets, if accepted, shall be improved as directed by the city engineer.

(d)

Sanitary and storm sewers; where city sewer is or will be available at the boundary of the subdivision, it shall be constructed according to city specifications. Where it is neither practical nor economical for the city to extend city sewer, private sewage disposal facilities shall be constructed according to city and state specifications. Consideration shall be given to future availability of city sewer in such installations. Such information shall be recorded on the plat and in each deed so affected.

(e)

Water main; where city water is or will be available at the boundary of the subdivision, it shall be constructed according to city specifications. Main sizing shall be by the city engineer. All required hydrant and valves are to be included in the construction. Where it is neither practical nor economical for the city to extend city water, private water supplies shall be constructed according to city and state specifications.

(f)

Trees; boulevard trees, if desired, shall be installed by the owner or developer in accordance with city and park district standards.

(g)

Signs; street name signs and traffic control signs shall be installed by the developer.

(2)

Improvements—Outside city. Prior to the construction of any improvement upon property located within any subdivision outside of the city limits, but within the city's subdivision jurisdiction, the following improvements shall be required:

(A)

Streets. New streets, roads, and bridges shall be constructed and installed in accordance with the approved street, drainage, and grading plan, and with the requirements of the township and county for acceptance of maintenance, and all roads shall be dedicated to the public.

(B)

Drainage. Drainage facilities shall be installed in a manner that is consistent with the approved street, drainage and grading plan.

(C)

Sewer and water supply. All sewerage and water systems shall conform with the approved wastewater treatment plan and water plan, and with all requirements imposed by the city regulating the placement, location, construction, operation, and inspection of wastewater treatment and water facilities.

(D)

Access roads. Access roads shall be constructed in compliance with the right-of-way access limitations of [sub]section 18-0907(3)(L).

(Ord. No. 3291, § 1, 5-17-93; Ord. No. 3652, § I, 7-7-97; Ord. No. 4169, § 6, 2-20-07; Ord. No. 4600, § I, 3-6-17; Ord. No. 4831, § 3, 5-16-22)

Editor's note— Temporary suspension of provisions of subsection (1)(B), effective July 1, 2022 to October 31, 2026.

With respect to all real property sought to be platted lying outside of city limits but within the subdivision jurisdiction of the City of Grand Forks, necessary rights-of-way shall be reserved and shall, by operation of law, be dedicated to the public for street or highway purposes upon annexation of the property to the City of Grand Forks.

The plat shall contain a written instrument of dedication, which shall be signed and acknowledged by the owner of the land. All signatures on the plat shall be written with black ink (not ball point). The instrument of dedication shall contain a full and accurate description of the land platted. The surveyor shall certify on the plat that the plat is a correct representation of the survey, that all distances are correct and monuments are placed in the ground as shown, that the outside boundary lines are correctly designated on the plat. The certificate shall be sworn to before any officer authorized to administer an oath. The plat shall be presented for approval to the governing body affected by such plat, together with a title opinion stating the name of the owner of record.

Every plat, when duly certified, signed, and acknowledged, shall be filed and recorded in the office of the county register of deeds. No plat shall be recorded until it is approved by the governing body affected by the plat and a certificate evidencing such approval is presented to the register of deeds.

(1)

Notarized certification by owner and by any mortgage holder of record or, in the case of a contract for deed filed for record, the vendor, vendee, and mortgage holder, if any, of their consent of the plat and the plat and the dedication of streets and other public areas.

(2)

Notarized certification by a registered land surveyor, to the effect that the plat represents a survey made by the surveyor and that monuments and markers shown therein exist as located and that all dimensions and geodetic details are correct.

(3)

A written opinion by a licensed attorney that legal title to the real property sought to be platted or replatted is vested in the applicant and the identity of any persons in favor of whom the real property is encumbered and which shall be kept on file in the office of the city planner.

(4)

Certifications of approval to be completed by the secretary and president of the planning commission, surveyor, the city engineer, owner, notary public, and city auditor are as follows:

(A)

Planning and zoning commission approval:

 The subdivision of land shown hereon has been approved by the planning and zoning commission of the City of Grand Forks, _______ 19_______ in accordance with the laws of the State of North Dakota, ordinances of the City of Grand Forks, and regulations of said planning and zoning commission. In witness whereof are set the hands and seals of the president and the secretary of the planning and zoning commission of the City of Grand Forks.

_____ (Seal)
President
_____ (Seal)
Secretary

State of North Dakota—Grand Forks County

 Be it known that on this _______ day of _______, 19_______, before me personally appeared (the president) and (secretary) of the Grand Forks Planning Commission and acknowledge consent and dedication to have been executed at the direction and on behalf of the Grand Forks Planning Commission.

_____
Notary Public Grand Forks County
North Dakota

My Commission Expires _______

(B)

Certificate of registered surveyor:

 I hereby certify that this map is a true and complete survey made by me or under my direct supervision on _______, 19_______, that all dimensions, angles and bearings are correct as shown: and that all monuments are set as shown.

_____
Registered Land Surveyor
State of North Dakota
Registration Number_______

State of North Dakota—Grand Forks County

 Be it known, that on this day _______ of _______, 19_______, before me personally appeared _______ and _______ and acknowledged the execution and signing of the above certificate of registered surveyor to be his (her, their) voluntary act and deed.

_____
Notary Public, Grand Forks County
North Dakota

My Commission Expires _______

(C)

Owners' consent and dedication:

 We, the undersigned, being all the owners and lien holders of the lands platted herein, do hereby voluntarily consent to the execution of said plat, and do dedicate the streets, alleys, parks and public grounds as shown thereon, including all sewers, culverts, bridges, water distribution lines, sidewalks, and other improvements on or under such streets, alleys, parks and public grounds, whether such improvements are shown or not, to the public use forever. We consent to any access control to the property designated on the plat. We agree not to vacate any portion of this plat without consent of the Planning and Zoning Commission and the City of Grand Forks. We also hereby dedicate easements, to run with the land, for water, sewer, gas, electric, telephone, or other public utility lines or services under, on, or over those certain strips of land designated hereon as "utility easements," and further agree to prohibit any and all ingress or egress across those lot lines designated hereon as having "access control."

_____
_____

(Note: In lieu of having the lien holder's signature on the plat a letter of ratification may be prepared, signed and recorded indicating approval of the lands platted.)

State of North Dakota—Grand Forks County

 Be it known on this _______ day of _______, 19_______, before me personally appeared _______ and _______ and acknowledged the execution and signing of the above consent and dedication to be his (her, their) voluntary act and deed.

_____
Notary Public, Grand Forks County,
North Dakota

My Commission Expires _______

(D)

Approval by city council:

 The City of Grand Forks, North Dakota, has approved the subdivision of land shown hereon; has accepted the dedication of all streets, alleys and other public ways shown hereon lying within the corporate limits of the City of Grand Forks; has accepted the dedication of all parks and other public areas shown hereon (except those public areas specifically dedicated to other public uses); and has ordered the vacation of streets, alleys and public ways of a subdivision previously recorded with the Register of Deeds of Grand Forks County in Book _______, Page _______, more particularly described as follows:

(Note: Use only that part of this paragraph that is applicable to the subdivision.)

 Further, said City Council has approved the streets, alleys, and other public ways and grounds as shown hereon as an amendment of the Master Street and Highway Plan and any other appropriate portion of the Master Plan of the City of Grand Forks by Ordinance No. _______, passed _______, 19_______.

Attest: ;hg; _____
City Auditor

State of North Dakota—Grand Forks County

 Be it known that on this _______ day of _______, 19_______, before me personally appeared the City Auditor of the City of Grand Forks and acknowledged the execution and signing of the above certificate.

_____
Notary Public, Grand Forks County
North Dakota

(E)

Approval by city engineer:

My Commission Expires _______

 On this _______ day of _______, 19_______, I, _______, City Engineer for Grand Forks, North Dakota, hereby certify that I have reviewed the attached plat/replat and find that it meets all applicable design criteria as specified by the North Dakota Century Code and by city ordinance.

_____
City Engineer

State of North Dakota—Grand Forks County

 Be it known that on this _______ day of _______, 19_______, before me personally appeared the City Engineer of the City of Grand Forks and acknowledged the execution and signing of the above certificate.

Notary Public, Grand Forks County
North Dakota

My Commission Expires _______

A pre-requisite to signing the city engineer's certificate will be complete execution of the certificates of the planning commission, owner, and surveyor with appropriate notarization. (Note: A similar form will be required for acceptance of any streets or public lands dedicated to any governing body other than the City of Grand Forks.)

No plat of a subdivision or a resubdivision of land within the City of Grand Forks shall be filed or required until it shall have been acted upon by the planning commission and the city council of the City of Grand Forks and approved as conforming to the provisions of this chapter and Chapter 40-48 of the North Dakota Century Code.

(1)

General conditions. The planning and zoning commission may grant a variance from the subdivision regulations of this chapter when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the planning and zoning commission shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, as required hereinbelow, the planning and zoning commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be recommended unless the planning and zoning commission finds:

(A)

That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land.

(B)

That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

(C)

That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.

(D)

That the granting of the variance will not conflict with the intent of the Grand Forks Comprehensive Plan.

The planning and zoning commission, following its consideration of an application for variance, shall report its findings and recommendation to the city council within fifteen (15) days of the planning and zoning commission's actions. In reporting its decision, the planning and zoning commission shall report its findings with respect thereto and shall specifically and fully set forth any adjustment or variance recommended and the conditions designated. The final action upon the variance shall be taken by the city council.

(2)

Applications required. Applications for any such variance shall be submitted in writing to the office of the city planner by the subdivider at the time when the preliminary plat is filed for consideration by the commission, stating fully and clearly all facts relied upon by the petitioner and shall be supplemented with maps, plans or other additional data which may aid the commission in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan. Fees shall be paid in accordance with section 18-1103.

 University of North Dakota: The campus of the University of North Dakota shall be exempted from these regulations, provided that when the university lands are platted in lots for sale to others, preliminary and final plats shall be submitted to and approved by the planning and zoning commission as required by these regulations, before recording the plat or selling any lots therein. The planning and zoning commission may vary, modify or waive any of the requirements of these regulations as to such plats, having regard for the special and peculiar needs and requirements of a college community; but no such plat shall be approved unless access to the platted streets, alleys, and easements for public utilities are in general conformity with the master plan, nor unless adequate access for vehicular and pedestrian travel and right-of-way for sewer, water and utilities are provided to serve non-university properties so located as to require access through the university owned tract.

(Ord. No. 2994, § 1, 11-6-89)

Applications for the vacation of any right-of-way shall be submitted to the city planning department on the forms provided. The applicant shall pay a fee to process the request in accordance with the fee schedule in section 18-1103. All right-of-way vacations must be approved by the city council upon a recommendation by the city planning and zoning commission. The costs for the relocation of utilities, closing of curbs or removal of streets shall be born by the applicant unless otherwise provided by the council. The vacation of any street rights-of-way, alleys, public grounds or parts thereof shall not become effective unless the requirements of the North Dakota Century Code Chapter 40-39 are met. Those requirements, in part, require the governing body to pass a resolution granting the vacation request by two-thirds (⅔) of all members.