Sioux Falls City Zoning Code

CHAPTER 157

SUBDIVISIONS

APPENDIX A: CERTIFICATES FOR PRELIMINARY PLANS

CITY COUNCIL APPROVAL

Be it resolved by the City Council of the City of Sioux Falls, that the preliminary plan of (Subdivision Name) to the City of Sioux Falls is hereby approved by resolution (resolution number).

CITY PLANNING COMMISSION APPROVAL

The City Planning Commission of the City of Sioux Falls approves the preliminary plan of (Subdivision Name) to the City of Sioux Falls and the same has been recommended to the City.

If the preliminary plan is within the joint platting jurisdiction, the following certificates shall also be included.

COUNTY PLANNING COMMISSION

APPROVAL

The County Planning Commission of ________ County, approves the preliminary plan of (Subdivision Name) and that the same has been recommended for approval on (date approved).

COUNTY COMMISSION APPROVAL

Be it resolved by the Board of Commissioners of ________ County, that the preliminary plan of (Subdivision name), ________ County, is hereby approved by resolution (resolution number).

(1992 Code, App. A, § 15A, App. 1) (Ord. 81-08, passed 7-7-2008; Ord. 22-14, passed 4-1-2014)

APPENDIX B: CERTIFICATES FOR PLATS AND REPLATS

SURVEYOR’S CERTIFICATE

I, (Name), a Registered Land Surveyor of the State of South Dakota, do hereby certify that I did on or before (Date) , survey that parcel of land described as (Legal description) containing (Size) [and it is in all respects correct].

______________________________

Registered Land Surveyor

OWNER’S CERTIFICATE OF COMPLIANCE

I, (Name), do hereby certify that I am the owner of all land included in the above plat and that the plat has been made at my request and in accordance with my instructions for the purposes (Indicated herein) , and that the development of this land shall conform to all existing applicable zoning, subdivision, and erosion and sediment control laws, ordinances, and regulations. At this time, the zoning of the lots platted herein is as listed below and is subject to the Arterial Street Platting Fee where applicable. The applicable Arterial Street Platting Fee has been paid based on this zoning. Any future rezoning of these lots, which results in the lot or lots having a zoning classification with a higher per acre trip generator, will result in additional Arterial Street Platting Fees pursuant to City ordinance.

DEDICATION OF LAND FOR PUBLIC USE

I hereby dedicate to the public for public use forever the streets, roads and alleys, parks, and public grounds, if any, as shown on the plat, including all sewers, culverts, bridges, water distribution lines, sidewalks, and other improvements on or under the streets, alleys, parks, and public grounds whether the improvements are shown or not. I also hereby grant easements to run with the land for water, drainage, sewer, gas, electric, telephone, or other public utility lines or services under, on, or over those strips of land designated hereon as easements.

I hereby waive any rights of protest to any special assessment program which may be initiated for the purpose of installation of improvements required by the Subdivision Ordinance of the City of Sioux Falls.

OWNER’S CERTIFICATE FOR PRIVATE MAINTENANCE OF FACILITIES

I, (Name), also certify that ownership and maintenance of streets, roads and alleys, bike trails, parks and other open space, private drainage easements, drainageways, and detention areas, if any, as shown on the plat, and any improvements thereto, shall be consistent with the agreement per the requirements within § 157.116 except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. I also hereby grant easements to the public to run with the land for water, drainage, sewer, gas, electric, mutual access easements, telephone, or other public utility lines, or services under, on, or over those strips of land designated hereon as easements.

(Plat Certificate for Private Streets)

If private streets are shown, include:

I further grant and certify that the roadway shown as (Name of private road) is a private roadway easement which is hereby reserved as a permanent unobstructed access. The street or road is for vehicular and pedestrian travel for the purpose of access to the abutting property. It is understood that the owner, their lessees and assignees, have the responsibility with respect to maintaining the private street or road consistent with the agreement per the requirements within § 157.116. The grant is to run with the land. The owners, their lessees and assignees, of the property platted as (Name of subdivision) shall at their own cost and expense keep and preserve the private street at all times in a good condition of repair and maintenance, and clear of snow and other obstructions and neither erect nor permit erection of any improvements of any kind within the private street which might interfere in any way with the property maintenance, use, repair, reconstruction, and patrolling of the private street or road.

If mutual access easements are shown, include:

I further grant and certify that the roadway is a mutual access easement which is hereby created as a perpetual common unobstructed access in favor of the lots abutting on it. The easement is for vehicular and pedestrian travel over the roadway for the purpose of access to the abutting property. The owner, their lessees and assignees, shall maintain the easement area. They shall, at their own expense, keep the easement area in good repair and maintenance and clear of snow and other obstructions. No improvements of any kind may be erected within the easement area which might interfere in any way with the proper maintenance, use, repair, reconstruction, and patrolling of the mutual access easement. This covenant shall run with the land.

If the plat is a condominium or includes common ownership, include:

We hereby set aside Tract x as a common area for the purpose of access to a public way and for parking and loading for Tracts a through z. We further certify that the common areas shall be owned by the owners of Tracts a through z inclusive as tenants in common; and that Tracts a through z shall not be sold, transferred, or otherwise conveyed unless the instrument of conveyance for the Tract being transferred and conveyed also transfers and conveys all of that Tract owner’s interest in Tract x.

If the plat is a replat, include:

I, (Name) , do hereby certify that this replat will not place any existing lot or building in violation of any applicable ordinance, code, regulation, law including but not limited to zoning, building, subdivision, and flood prevention.

I further certify that this platting of the described (New Subdivision Name) does hereby vacate the following platting:

(Legal description of old plat) on file at the Register of Deeds office in Book ________, page ________, the plat, hereby vacated, being situated within described (New Subdivision Name) as surveyed.

Dated this ________ day of ________, 20_____.

______________________________

Name

STATE OF SOUTH DAKOTA )

: SS

COUNTY OF ________ )

On this ________ day of ________, 20_____, before me, the undersigned officer, appeared (Name), known to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same for the purposes therein contained.

In witness thereof, I have hereunto set my hand and official seal this ________ day of ________, 20_____.

My commission expires: ________

__________________

Notary Public, ________ County, South Dakota

CITY ENGINEER’S CERTIFICATE - Inside City Limits

I, (Name), City Engineer of the City of Sioux Falls, do hereby certify that this plat has been reviewed by me or my authorized agent and that this plat is recommended for approval. To the extent the platted property lies within the boundaries of the city of Sioux Falls, I hereby verify that access to city streets (direct access or through access easement or agreements) has been approved as provided by city ordinance; this does not constitute approval of the specific design or precise location or such access, and further, does not constitute approval of access to private streets, state or county roads or highways, or any areas outside the boundaries of the city of Sioux Falls.

Signed on this day of , 20 .

City Engineer

City of Sioux Falls, South Dakota

CITY ENGINEER’S CERTIFICATE - Outside City Limits

I, (Name), City Engineer of the City of Sioux Falls, do hereby certify that this plat has been reviewed by me or my authorized agent and that this plat is recommended for approval by the city council. Signed on this ________ day of ________, 20_____.

______________________________

City Engineer

City of Sioux Falls, South Dakota

ROAD AUTHORITY CERTIFICATE - Outside City Limits

I, (Name), , (Title) of the (Agency) do hereby certify that this plat and access location has been reviewed by me or my authorized agent and that this plat is recommended for approval.

Signed on this day of , 20 .

By:

Title:

CITY DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES CERTIFICATE

I, (Name), City Director of Planning and Development Services of the City of Sioux Falls, do hereby certify that the current zoning is as listed below and that this plat has been reviewed by me or my authorized agent and that this plat is recommended for approval.

Current Zoning Classification	Acres

_______________________________________

City Director of Planning and Development Services

City of Sioux Falls, South Dakota

CITY FINANCE OFFICER’S CERTIFICATE

I, (Name), the duly appointed, qualified, and acting City Finance Officer of the City of Sioux Falls, South Dakota, hereby certify that the certificates of approval are true and correct including the signature thereon, and that any special assessments which are liens upon the land shown in the above plat, as shown by the records in my office, on this ________ day of ________, 20_____, have been paid in full.

_____________________________

City Finance Officer

Sioux Falls, South Dakota

COUNTY TREASURER’S CERTIFICATE

I, Treasurer of ________ County, South Dakota, do hereby certify that all taxes which are liens upon any land included in the above (and the foregoing) plats, as shown by the records of my office, have been fully paid.

Dated this ________ day of ________, 20______.

_____________________________

Treasurer of _____________ County,

South Dakota

DIRECTOR OF EQUALIZATION

I, Director of Equalization of ________ County, South Dakota, do hereby certify that a copy of the above plat has been filed at my office.

_____________________________

Director of Equalization,

___________ County, South Dakota

Filed for record this ________ day of ________, 20______, at ________ o’clock ________.m., and recorded in Book ________ of Plats on page ________.

_____________________________

South Dakota

COUNTY PLANNING COMMISSION

* If the final plat or replat is within the joint platting jurisdiction of Lincoln County, the following certificate shall also be included:

LINCOLN COUNTY PLANNING

DIRECTOR'S CERTIFICATION

I, Planning Director of Lincoln County, do hereby certify that this plat has been reviewed by me or my authorized agent and has been approved.

Approved this _______ day of ____________ 20_____.

_____________________________

Planning Director

* If the final plat or replat is within the extraterritorial platting jurisdiction of Minnehaha County, the following certificate shall also be included:

MINNEHAHA COUNTY PLANNING
DIRECTOR’S CERTIFICATE

I, Director of Planning of Minnehaha County, do hereby certify that this plat has been reviewed by me or my authorized agent and has been approved.

Approved this ________ day of ________ 20_____.

______________________________________

Director of Planning

Minnehaha County, South Dakota

I do hereby certify that the above certificate of approval is true and correct including the signature thereon.

Dated this ________ day of ________ 20______.

_____________________________

County Auditor

Minnehaha County, South Dakota

(1992 Code, App. A, § 15A, App. 2) (Ord. 81-08, passed 7-7-2008; Ord. 11-09, passed 1-12-2009; Ord. 22-14, passed 4-1-2014; Ord. 87-18, passed 10-2-2018)

APPENDIX C: SUBDIVISION CONSTRUCTION AGREEMENT

The requirements contained herein shall apply to Public Improvements for subdivisions or for connection to subdivisions built privately and to be dedicated to the City of Sioux Falls ("City"). The intent of these requirements is to set forth the security to be provided relative to the construction of Public Improvements. Any capitalized terms not defined herein, but defined in City Ordinance, shall have the meaning as defined in said Ordinance.

THIS AGREEMENT ("Agreement") is made between the City of Sioux Falls, South Dakota (hereinafter referred to as "City") and ___________________________________________ __, its heirs, executors, administrators, successors, transferees, and assigns jointly and severally (hereinafter referred to as "Responsible Party") and is effective upon signature of the Mayor of the City of Sioux Falls.

Declarations

WHEREAS, _________________________________ is the Owner or Developer of certain lands subject to the jurisdiction of the City (hereinafter referred to as "Owner" or "Developer"); and

WHEREAS, the City wishes to prevent the use of public funds to complete private developments; and

WHEREAS, the City requires the execution of this Agreement as a prerequisite to approval of the final plat of the subdivision or the issuance of a Construction Permit authorizing the commencement of construction activities; and

(Check one)

WHEREAS, the Responsible Party wishes to proceed with construction of the required Public Improvements before platting and has submitted, and the City has approved, construction plans for the subdivision identified as __________________________________________ Addition Phase _______________, which are hereby attached to and made part of this Agreement. Also attached and hereby made part of this Agreement is a preliminary plat including LEGAL DESCRIPTION OF LOTS; or

WHEREAS, the Responsible Party wishes to proceed with platting of (Legal Description)

prior to installation of the required Public Improvements of which the associated plat(s) are hereby attached to and made part of this Agreement. The Responsible Party has submitted and the City has approved Development Engineering or construction plans identified as ________________________________ Addition Phase ________, which are hereby attached to and made part of this Agreement. The Responsible Party will have approved construction plans prior to issuance of the Construction Permit.

NOW, THEREFORE, in consideration of the above, the City and Responsible Party hereby agree as follows:

1. Definitions—The Definitions Set Forth Herein Shall Apply Solely To This Agreement.

a. City Engineer—The City Engineer for the City of Sioux Falls or his or her authorized representative.

b. City Ordinance—Code of Ordinances of Sioux Falls, South Dakota, as adopted and as amended from time to time.

c. Construction Permit—The permit required prior to the installation of Public Improvements; including, but not limited to, street grading, roadway base, curb and gutter, asphalt or concrete surfacing, drainage and flood control, water and sanitary sewer, sump pump collection, or other such improvements in proposed subdivisions or which connect proposed subdivisions.

d. Developer—The owner of land proposed to be subdivided or its authorized agent who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.

e. Final Acceptance—The written notice from the City Engineer verifying that all required Public Improvements are complete according to the approved plans, specifications, and standards.

f. Final Plat—The plat approved by the City pursuant to Section 157.068 of the Code of Ordinances of Sioux Falls, South Dakota.

g. Performance Security—The financial security as provided for herein to ensure that all Public Improvements are completed by the Responsible Party or as provided herein.

h. Public Improvements—Are those improvements which will be accepted for operation and maintenance by the City of Sioux Falls and shall include, but not be limited to, street grading, roadway base, curb and gutter, asphalt or concrete surfacing, drainage and flood control, water and sanitary sewer, sump pump collection, roadway lighting, or other such improvements in proposed subdivisions.

i. Responsible Party—A responsible party means any person seeking to plat a subdivision, including but not limited to (a) owners holding the land for investment purposes, who are not engaged in construction and not holding themselves out as real estate developers, and (b) any developer who is holding or purchasing the land primarily for sale to customers in the ordinary course of business and who is seeking to subdivide property or obtaining a construction permit authorizing the commencement of construction activities for a subdivision. A responsible party must file and comply with subdivision plans and other requirements under this chapter (including entering into a Subdivision Construction Agreement and posting a suitable Performance Security and/or Warranty Security, as applicable), regardless of whether such requirements refer to an "Owner" or "Developer" or both.

j. Warranty Period(s)—The One (1) or Two (2) year period(s) from the date of written notice granting final acceptance, utility acceptance, or delayed acceptance from the City Engineer as set forth in Section 6 hereof.

k. Warranty Security—The financial security as provided for herein to warrant all Public Improvements as more fully provided for herein by the Responsible Party or a security provider as set forth herein.

2. Time Period for Construction.

The Responsible Party shall complete construction of all Public Improvements in accordance with the approved plans, specifications and standards within Two (2) years of the date of this Agreement. At the Responsible Party's request, the City Engineer may extend the time period in which to complete the construction for one additional year if the City Engineer determines that such an extension is justified. The City Engineer may allow for an additional extension in cases of extreme hardship as set forth in Section 6 herein.

3. Construction Permit.

Prior to the start of work, the Responsible Party shall obtain a Construction Permit from the City Engineer's Office allowing the Responsible Party to begin construction within the specified subdivision. The Responsible Party shall ensure the Construction Permit is kept valid for the term and any extension of this Agreement. Should the Construction Permit terminate for any reason before continuing work, the Responsible Party will be required to revise the plans to meet the current standards and obtain a new Construction Permit.

4. Performance Security.

The Responsible Party understands and agrees that the City will not approve any Final Plat within the identified subdivision until all Public Improvements are completed and accepted in accordance with this Agreement, unless prior to any Final Plat, the Responsible Party executes a Performance Security in favor of the City in the amount of One Hundred percent (100%) of the Engineer's Estimate to construct the Public Improvements not yet installed and accepted by the Engineer. In no event shall the Performance Security be less than Ten percent (10%) of the Engineer's Estimate to construct all Public Improvements. This minimum of Ten percent (10%) shall be maintained until all Public Improvements are completed, accepted by the Engineer, and the Responsible Party has furnished to the City the required Warranty Security.

The Responsible Party shall use the Performance Security form and/or criteria approved by the City Attorney. The Performance Security shall be secured in favor of the City by any one of the following methods:

a. Escrow account.

b. A bond issued by a Corporate surety licensed and authorized to do business in the state of South Dakota as surety and subject to written approval by the City Engineer, which approval shall be at its sole discretion.

c. Irrevocable letter of credit.

Any streetlighting that will be or has been furnished and installed by the City and has not been paid for must also be included in the Engineer's Estimate and Performance Security prior to final platting.

The Responsible Party shall utilize the form provided by the City relative to the escrow account, irrevocable letter of credit, or bond methods of security. Said agreement(s) must be elected and signed at the inception of this Agreement.

5. Performance Security Reductions.

A Performance Security may be reduced prior to Final Acceptance of all required Public Improvements. To qualify for a Performance Security reduction, the Responsible Party must complete the Public Improvements in compliance with the approved plans, specifications, and standards as determined by the City Engineer.

Each reduction allowed will be in the amount of the estimated cost, prepared and certified by the Responsible Party's engineer, of the part of the subdivision improvements accepted in writing by the City Engineer. In no event shall the Performance Security be reduced to less than Ten percent (10%) of the Engineer's Estimate for all subdivision improvements until all Public Improvements are completed, accepted by the City Engineer, and the Warranty Security is in place.

A request for reduction in the Performance Security may be made no more frequently than every Thirty (30) days. Upon receipt of a reduction request, the City Engineer will respond to the Responsible Party within Seven (7) working days and either approve or deny the request.

6. Utility and Final Acceptance and Warranty of Improvements.

a. Acceptance of the required Public Improvements will be completed in two stages: Utility Acceptance which includes the water main system, sanitary sewer system, storm sewer system, and sump pump collections systems; and Final Acceptance which shall consist of all other Public Improvements including, but not limited to, grading, crushed base, valley gutters, fillet sections, curb and gutter, and surfacing.

When all required Public Improvements are complete, as defined above, the Responsible Party shall submit a written request for a Utility Acceptance inspection or Final Acceptance inspection. Within Seven (7) working days of the request, the City Engineer will complete an inspection. If after that inspection the City Engineer finds that all required Public Improvements for the respective inspection, including punch list items, are complete according to the approved plans, specifications, and standards, the City Engineer shall provide written notice granting acceptance of those Public Improvements.

Warranty of the Public Improvements shall be as follows:

(1) Utility Acceptance and Warranty

The Responsible Party shall warrant all water main systems, sanitary sewer systems, storm sewer systems, and sump pump collections systems free from defects for a time period of Two (2) years from the date of written notice from the City Engineer granting Utility Acceptance.

(2) Final Acceptance and Warranty

The Responsible Party shall warrant all other Public Improvements free from defects for a time period of One (1) year from the date of written notice from the City Engineer granting Final Acceptance.

b. Exceptions for Extreme Hardship:

(1) Extreme Hardship

The Responsible Party may submit a written request to the City Engineer requesting an exception to the installation of the required Public Improvements within the specified time frame if installation of said improvements will create an extreme hardship for the Responsible Party. The City Engineer will have sole discretion in determining if an extreme hardship exists. If the City Engineer determines an extreme hardship exists, the City Engineer will determine the length of time the installation of the improvements will be allowed to be delayed up to a maximum of Five (5) years from the date of such determination. The City Engineer may require a Performance Security be provided for an amount of up to One Hundred percent (100%) of the cost of the improvements not completed plus projected inflationary costs for said Public Improvements.

(2) Extension of Warranty Periods

Warranty periods will begin upon the completion and Final Approval of the delayed installation of Public Improvements. The Warranty Security in the amount of Ten percent (10%) of the original Engineer's Estimate for all the work will be required to remain in place until all warranty periods, including delayed installation improvements, have been completed with the following exception: if the original Warranty Periods have expired and the cost of the delayed installation improvements are less than the warranty security, then the Warranty Security for the delayed installation warranty improvement security may be reduced to One Hundred percent (100%) of the cost of the delayed installation improvements.

7. Warranty Security.

The Responsible Party understands and agrees that the City will not approve any Final Plat within the identified Subdivision until it has been determined all required Public Improvements have been accepted and found free of defects for the required Warranty Period(s), unless prior to any final platting the Responsible Party executes a Warranty Security in favor of the City for Ten percent (10%) of the Engineer's Estimate for the duration of the Warranty Period(s). The Responsible Party shall use the Warranty Security form approved by the City Attorney. Each Warranty Security required by this Agreement shall be secured in favor of the City by one of the following methods:

a. Escrow account.

b. A bond from a Corporate surety licensed and authorized to do business in the state of South Dakota as surety and subject to written approval by the City Engineer which approval shall be at its sole discretion.

c. Irrevocable letter of credit.

The Responsible Party is not required to provide a warranty for the streetlighting furnished and installed by the City. However, the cost of furnishing and installing such street lighting will be used for purposes of calculating the Ten percent (10%) Warranty Security as set forth herein.

8. Warranty Inspections.

A minimum of Forty-Five (45) days prior to the end of the Warranty Period, the City Engineer will conduct a warranty inspection. A written list of warranty repairs will be prepared and presented to the Responsible Party. The Responsible Party will be responsible for notifying the City Engineer in writing when the warranty repairs have been completed and the City Engineer shall inspect the same within Ten (10) business days of such notice. The Warranty Security will remain until all warranty repairs have been completed and accepted by the City Engineer. The City Engineer will verify the warranty repairs have been completed and provide written correspondence acknowledging acceptance of the warranty repairs and release of the Warranty Security.

9. Engineer's Estimate.

The engineer retained by the Responsible Party ("Responsible Party's Engineer") shall prepare and provide an itemized estimate ("Engineer's Estimate") to construct the Public Improvements. The Responsible Party's Engineer shall be a professional engineer, P.E., licensed to work in the state of South Dakota. Each line item used to create the estimate shall either be a City standard bid item or a similar line item that clearly defines the scope of work. Each line item shall include a description, quantity, unit price, and total price. The total sum of all line items shall be included at the bottom of the Engineer's Estimate. Proof of actual costs may be utilized to develop the Engineer's Estimate. The Engineer's Estimate will be subject to the approval of the City Engineer. In the event there will be oversizing or material reimbursement payments made by the City to the Responsible Party, said payment may be shown as a credit in arriving at the Engineer's Estimate.

10. Streetlighting.

The Engineer's Estimate shall include, in addition to the cost of all Public Improvements, the cost for streetlighting to be furnished and installed by the City. The City will provide the streetlighting design and cost estimate to the Responsible Party's Engineer upon request. Requirements shall meet the Engineering Design Standards for Street Lights. The Responsible Party shall incur all costs associated with the installation of the street lights including, but not limited to, material, labor, and wire charges from the respective energy company.

11. Authority of the City Engineer.

As the representative of the City, the City Engineer is in charge of engineering details and administration of the Public Improvements. Work shall be performed to the satisfaction of the City Engineer. The City Engineer will decide questions which may arise as to the quality and acceptability of materials furnished, work performed, all questions which may arise as to the interpretation of documents, and all questions as to the acceptable fulfillment of this Agreement on the part of the Responsible Party. The City Engineer has the authority to reject defective material and work.

The City Engineer will have the authority to, by written suspension order, suspend the work wholly or in part, for failure to carry out conditions of this Agreement, for failure to carry out orders, for conditions considered unsuitable for the prosecution of the work, or for other conditions or reasons determined by the City to be in the public interest.

The City Engineer's decision, while final, shall be subject to appeal pursuant to Sections 30.040 through 30.046 of the Code of Ordinances of Sioux Falls, South Dakota.

12. Coordination of Documents.

The City's current edition of the Supplemental Standard Specifications are hereby made a part of this Agreement in their entirety unless otherwise revised, deleted, or supplemented herein. Division II—Construction Details and Division III—Materials Details of the current edition of the South Dakota Department of Transportation Standard Specifications for Roads and Bridges and the current version of the South Dakota Department of Transportation Supplemental Specifications and Errata related to Division II and Division III are hereby made a part of this Agreement in their entirety unless otherwise revised, deleted, or supplemented herein.

The coordination of these documents is an essential part of the Agreement. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. For discrepancies, the items shall prevail, or govern, in the following descending order:

a. Subdivision Construction Agreement.

b. Plans.

c. Standard Specifications (a.k.a. Supplemental Standard Specifications).

d. South Dakota Department of Transportation Supplemental Specifications and Errata related to Division II and Division III of said document.

e. Division II (Construction Details) and Division III (Materials Details) of the South Dakota Department of Transportation Standard Specifications for Roads and Bridges.

Nothing contained herein shall relieve the Responsible Party of complying with other requirements imposed by Sioux Falls City Ordinance or as otherwise legally or contractually required.

13. Cooperation by Responsible Party.

The Responsible Party shall give the work the constant attention necessary to facilitate progress towards completion and shall cooperate with the City Engineer and City Inspectors ("Inspector(s)"). The Responsible Party shall not take advantage of apparent errors or omissions in the plans and specifications. If the Responsible Party discovers an error or omission, in the plans or specifications, the Responsible Party will immediately notify the City Engineer in writing or via email. The City Engineer will make corrections and interpretations as necessary to fulfill the intent of the plans and specifications.

14. Duties of the Inspector.

Inspectors employed by the City are authorized to inspect work and materials furnished by the Responsible Party. Inspection may extend to any part of the work, preparation, fabrication, or manufacture of the materials to be used. The Inspector is not authorized to alter or waive the conditions of this Agreement. The Inspector is not authorized to issue instructions contrary to the plans and specifications or to act in a supervisory capacity for the Responsible Party. The Inspector will have the authority to reject work or materials until any questions at issue can be referred to and decided by the City Engineer.

Neither the City's authority to inspect all work nor any actual inspections performed by the City during the course of construction shall constitute an acceptance of work performed or operate to relieve the Responsible Party and/or Contractor's obligation to construct the project in compliance with the plans and specifications.

15. Inspection of Work.

Materials and details of the work shall be subject to inspection by the City Engineer. The City Engineer shall be allowed to enter upon Responsible Party's property and have access to the work site to inspect during regular business hours and shall be furnished with such information and assistance by the Responsible Party as is required to make a complete and detailed inspection.

16. Materials.

All materials and equipment furnished under this Agreement shall be new unless approved in writing by the City Engineer. Materials used shall conform to requirements of the approved plans, specifications, and standards. The City retains the right to perform any and all record testing which may be deemed necessary or advisable by the City Engineer. To expedite the inspection and testing of materials, the Responsible Party may notify the City Engineer of proposed sources of materials prior to delivery. Work in which unapproved materials are used shall be performed at the Responsible Party's risk and are subject to inspection, testing, or rejection. Copies of tests will be furnished to the Responsible Party's representative when requested.

Samples taken and tests made will be in accordance with the most recent standard or tentative standard methods of City of Sioux Falls Minimum Testing Requirements Policy, AASHTO, ASTM, and the "South Dakota Department of Transportation, Materials Manual—Sampling and Testing Procedures." Samples will be taken and tests made by a representative of the City and at the City's expense except as otherwise stipulated.

If a discrepancy exists, the order of precedence is as follows:

a. City of Sioux Falls Minimum Testing Requirements Policy.

b. Department's Materials Manual.

c. AASHTO.

d. ASTM.

17. Conformity with Plans and/or Specifications.

Work performed and materials furnished shall conform to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on the plans, specifications, or other documents.

If the City Engineer finds the materials furnished, work performed, or the finished product is not in full conformity with the plans and specifications, resulting in an inferior or unsatisfactory product, the Responsible Party will remove and replace or correct the work or materials at its own expense.

If the City Engineer finds the materials furnished, work performed, or the finished product is not in full conformity with the plans and specifications but that reasonably acceptable work has been produced, he shall then determine if the work shall be accepted and remain in place. If acceptable, the City Engineer will document the basis of acceptance and provide an amount of compensation to become due to the City for allowing the work to remain in place and the same shall be signed by the Responsible Party and may be taken from the Performance Security. Should the Responsible Party not agree, the Responsible Party will remove and replace or correct the work or materials at its own expense. Items of work that may have an impact on public use or public safety that are accomplished contrary to specifications shall be corrected immediately.

18. Remedies for Substandard Work and/or Materials.

Work which does not conform to the requirements of the plans and specifications will be considered as unacceptable, unless otherwise determined acceptable under the provisions of Section 17. Unacceptable work, whether the result of poor workmanship, use of defective materials, or damage through carelessness or other cause, shall be removed immediately and replaced in an acceptable manner.

19. Acceptance Limitation.

The acceptance of a Public Improvement shall in no way constitute an assumption by the City of liability for defects in the improvement. By accepting the improvement, the City does not warrant or guarantee the Public Improvement has been properly designed or constructed, or waive any claims relating thereto. Any errors or omission of the Responsible Party, its engineer, or the Contractor shall not be the responsibility of the City.

20. Revisions to the Approved Construction Plans.

The Responsible Party may revise the approved construction plans as necessary to complete the subdivision improvements, provided the changes are reviewed and approved per the City's standard processes. If the revisions result in increased liability to the City, the City Engineer may withhold performance security reductions or require increases in the Performance Security until the Responsible Party completes such work and that work is accepted by the City. If the revisions result in a liability decrease, the Performance Security may be reduced in accordance with Section 5 of this Agreement.

21. Responsible Party and/or Contractor Employees, Methods, and Equipment.

a. Workers:

All workers shall have sufficient skill and experience to perform properly the work assigned to them. Any person employed by the Responsible Party and/or by any Contractor who does not perform assigned work in a proper and skillful manner, or who is intemperate or disorderly, shall be removed from the project forthwith by the Responsible Party upon written order of the City Engineer and shall not be employed again on any portion of the work without the City Engineer's consent. Should the Responsible Party fail to remove such person, or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the City Engineer may suspend the work until the Responsible Party has complied with the order(s).

b. Methods and Equipment:

(1) The methods and equipment used by the Responsible Party and/or Contractor shall produce a satisfactory quality of work. Equipment used on any portion of the project shall be such, and its use so regulated, that no serious or irreparable damage to the roadway, adjacent property, or other streets or highways will result from its use. If damage does occur to these areas, suitable repairs shall be made at the Responsible Party's expense.

(2) When the methods and equipment to be used by the Responsible Party and/or Contractor in accomplishing the construction are not prescribed in the plans, specifications, or standards, the Responsible Party and/or Contractor is free to use any methods or equipment that will accomplish the work in full conformity with the requirements of the approved plans, specifications, and standards, as demonstrated to the satisfaction of the City Engineer.

22. Protection of Valley Gutters and Fillets.

All fillets and valley gutters shall be protected during paving operations and between placement of lifts to prevent damage. A gravel crossing or other means of ramping shall be placed over all valley gutters during base course placement and shaping operations. All valley gutters shall be protected during asphalt paving operations with gravel, asphalt, wooden plank ramp, or other approved ramping methods.

When the top lift of asphalt is not placed the same construction season as bottom lift or if the top lift is not placed within Two (2) weeks of bottom lift, all valley gutters and fillets shall be ramped with asphalt to protect them from snowplow and other vehicle damage. Any damage to curb and gutter, valley gutters, and/or fillets caused by the lack of adequate ramping shall be repaired at the expense of the Responsible Party and the same shall be a condition of Final Acceptance.

23. Maintenance of Traffic and the Premises.

Unless otherwise specified, the Responsible Party shall be solely responsible for maintaining the premises being subdivided in a safe condition and for keeping the project secured from public use until the bottom lift of asphalt concrete is placed. Measures to adequately restrict public access must be used and maintained by the Responsible Party. If the requirements call for public access, the Responsible Party shall install and maintain appropriate controls as required. The Responsible Party shall be responsible for installation and maintenance of any barricades or warning signs required until Final Acceptance is granted and permanent signage is in place. The Responsible Party shall notify the City Engineer (Ten) 10 business days prior to the need for permanent signage.

Until Final Acceptance is granted, the Responsible Party shall be responsible for maintaining traffic throughout the subdivision. This may include, but is not limited to:

a. Placement of asphalt concrete to create ramps at fillets, valley gutters, and lift transitions.

b. Placement of traffic control barriers to indicate the termination of roads.

24. Roadway Maintenance Responsibilities.

The City will be responsible for snow removal on any street where asphalt or concrete surfacing has been placed prior to Final Acceptance and during the warranty period. Snow removal will be the responsibility of the Responsible Party on any unpaved streets. Any damage to work including the asphalt or concrete surfacing, curb and gutter, fillets, and valley gutters caused to the work exclusively by snow removal operations will not be subject to repair or replacement.

However, the Responsible Party will be responsible for any snow removal damage to valley gutters or fillets caused by inadequate ramping when the top lift of asphalt has not been installed. The City shall not provide snow removal services on streets where manholes, valve boxes, and any other items protrude above the roadway surface.

The Responsible Party will not be responsible for any routine maintenance during the Warranty Period. Routine maintenance includes street sweeping, crack sealing, and seal coating. However, the City is not responsible for street sweeping caused by construction activities in the development.

In the case of an emergency repair where, in the judgment of the City, delay would cause serious loss or damage, repairs may be made without notice being sent to the Responsible Party, and the Responsible Party shall pay the cost thereof.

25. Transfer of Responsibility.

In the event of the sale, conveyance, or transfer of the Subdivision or any portion thereof, the City will not release the Responsible Party from its obligations under this Agreement and will continue to hold the Responsible Party responsible for all Public Improvements until a successor in interest to the Responsible Party has posted a suitable Performance Security and/or Warranty Security, as applicable, and entered into an Agreement to Construct Subdivision Improvements with the City. The Responsible Party may also assign over its Performance Security with the written consent of the City, which consent shall not be unreasonably withheld to cover said Public Improvements.

26. Failure to Complete the Required Improvements.

In the event the Responsible Party shall fail or neglect to fulfill the obligations under this Agreement, the City shall have the right to construct or cause to be constructed the Public Improvements specified herein, as shown on the Final Plat and in the plans and specifications as approved, and the Responsible Party shall be liable to pay to and indemnify the City, the total cost to the City thereof, including, but not limited to, engineering, attorney fees (both outside and for staff attorneys), and contingent costs together with any damages, either direct or consequential, which the City may sustain on account of the failure of the Responsible Party to carry out and execute all of the provisions of this Agreement and any agreements referenced herein. The City shall have the unconditional right to call upon the Performance or Warranty Security for the purposes specified and in the amounts enumerated herein.

If the Responsible Party fails to or refuses to complete the Public Improvements under the terms of this Agreement by the dates required, the City may upon written notice to Responsible Party at any time (or times) execute against the Performance or Warranty Security for those funds it deems necessary to complete the work—whether by the City, a private company, or a public agency—upon certifying that the Responsible Party has not completed the Public Improvements. The certification shall be made by a notarized statement signed by the City Engineer or his designated agent.

If the City takes over the completion of the Public Improvements because of the Responsible Party's failure or refusal to complete the same, and if the bond, escrow, or letter of credit posted is insufficient to complete the Public Improvements and cover the Warranty Security, the Responsible Party shall be liable to the City upon demand for the additional funds necessary to complete or repair the Public Improvements according to the plans and specifications.

If the City performs, or has performed on its behalf by a private company or a public agency, the Public Improvements specified in the plans and specifications, and if the final costs of the Public Improvements to the City including, but not limited to, administrative costs, is less than the amount drawn against the bond or letter of credit after withholding a sum sufficient to cover the Warranty Security, then the City shall refund the excess to the Responsible Party or surety within Thirty (30) days from completion and acceptance of the Public Improvements.

27. Breach of Agreement.

a. The following non-inclusive list shall constitute a breach of this Agreement:

(1) Failure by the Responsible Party to complete the Public Improvements within the contract period or any extension thereof.

(2) Failure or refusal by the Responsible Party to comply with an order of the City Engineer within a reasonable time.

(3) Responsible Party's disregard of laws, ordinances, or instructions of the City Engineer.

(4) Failure or refusal by the Responsible Party to remove rejected materials.

(5) Failure or refusal by the Responsible Party to replace, perform anew, or correct any defective or unacceptable work.

(6) Bankruptcy or insolvency of the Responsible Party, or the making of an assignment for the benefit of creditors by the Responsible Party.

(7) Failure by the Responsible Party to carry on the work in an acceptable manner.

(8) Any other breach of a material provision of this Agreement.

Upon Responsible Party's breach, the City shall be entitled to give notice of default to the Responsible Party and security provider, if any. The notice of default shall indicate how the Responsible Party has breached and shall indicate what action the Responsible Party must take to cure such breach. The Responsible Party shall have Fifteen (15) days to take substantial action to cure such breach or appeal pursuant to Sections 30.040 through 30.046 of the Code of Ordinances of Sioux Falls, South Dakota.

b. If the Responsible Party does not, within the time for cure provided in the notice of default, take substantial action to cure such breach, the Responsible Party shall, at the written direction of the City Engineer, relinquish possession and control of the work, and the City shall thereupon have full power and authority, to terminate the contract, to take over the completion of the work, to enter into agreements with others for the completion of said contract according to the terms and provisions thereof, or to use such other methods as in the City's opinion may be required for the performance of said contract, or completion of Public Improvements, in an acceptable manner.

c. The Responsible Party and its security provider shall be liable for all outlay and expense incurred by the City, together with the costs of completing the Public Improvements, and such costs may be deducted from any monies due or which may become due to the Responsible Party. In case such outlay and expense exceeds the sum that would have been payable under the Warranty Security, or to the extent said Warranty Security fails to make payments, the Responsible Party shall be liable for and shall pay to the City the amount of said sums.

d. Neither the City, nor any officer, agent, nor employee thereof, shall be in any way liable or accountable to the Responsible Party or the Responsible Party's security provider for the method by which the completion of said Public Improvements, or any portion thereof, may be accomplished, or for the price paid therefor. Neither by taking over the work nor by declaring a default, shall the City forfeit the right to recover damages from the Responsible Party for failure to complete the Public Improvements.

Responsible Party:

By ____________________________

STATE OF )

:SS

COUNTY OF )

On this __________ day of _________________________, 20_____, before me, the undersigned officer, personally appeared ____________________________________________, known to me or satisfactorily proven to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged that ____he____ executed the same for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seal.

_________________________________

(SEAL) Notary Public—State of: _____________

My Commission Expires: ____________

City of Sioux Falls:

Mayor Date

ATTEST:

City Clerk

(1992 Code, App. A, § 15A, App. 3) (Ord. 81-08, passed 7-7-2008; Ord. 92-12, passed 12-4-2012; Ord. 08-17, passed 1-3-2017)

§ 157.001 TITLE.

These regulations may be referred to as the “2018 Revised Subdivision Ordinance for the City of Sioux Falls” and the area of joint jurisdiction.

(1992 Code, App. A, § 15A.01.010) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.002 PURPOSE.

It is the purpose of this chapter to regulate the subdivision of land so as to coordinate streets/roads with other subdivisions and uses, to provide water and sanitation facilities, drainage and flood control, to foster efficient and orderly urban growth compatible with the natural environment, to provide adequate open spaces for traffic, recreation, light, and air, and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience or prosperity, to minimize cut and fill operations, to prevent premature land subdivision, and to conform with the comprehensive plan for the city and its area(s) of joint jurisdiction.

(1992 Code, App. A, § 15A.01.020) (Ord. 81-08, passed 7-7-2008)

§ 157.003 AUTHORITY.

In accordance with SDCL ch. 11-3 and ch. 11-6 and any other authority provided by law or as those statutes may be amended, the city does hereby exercise the power and authority to review and approve or disapprove plats for the subdivision of land within the city and for land in the area(s) of joint jurisdiction. As allowed by SDCL 11-3-6, the city council designates the director of planning and development services or designee and the city engineer or designee as the administrative officials of the municipality to approve plats in lieu of approval by the governing body.

(1992 Code, App. A, § 15A.01.030) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.004 JURISDICTION.

(a) These regulations shall apply to all subdivisions of land, as defined herein, located within the city and its area(s) of joint jurisdiction as referenced by the map in the Minnehaha and Lincoln County joint jurisdictional zoning ordinances.

(b) It shall be unlawful for any person having control of any land within the city and its area of jurisdiction to subdivide or lay out the land in lots, unless in accordance with the laws of the state and the regulations contained herein. Any parcel of land of 40 acres or less which is located within the joint jurisdiction boundary shall be platted prior to the sale or transfer of the land unless the requirement is waived by the city director of planning and development services.

(1992 Code, App. A, § 15A.01.040) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018) Penalty, see § 157.999

§ 157.005 INTERPRETATION, ABROGATION AND SEVERABILITY.

In interpreting and applying the provisions of this chapter, these regulations are the minimum requirements for the promotion of public safety, health and general welfare. It is not the intent of this chapter 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.

(1992 Code, App. A, § 15A.01.050) (Ord. 81-08, passed 7-7-2008)

§ 157.006 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. Public hearings on all proposed amendments shall be held by the planning commission and the city council in the manner prescribed by SDCL 11-6.

(1992 Code, App. A, § 15A.01.060) (Ord. 81-08, passed 7-7-2008)

§ 157.007 ENFORCEMENT AND VIOLATIONS.

(a) The city director of planning and development services and city engineer are hereby authorized and directed to enforce all the provisions of this chapter and establish rules for its administration. For those purposes, the director shall have the powers of a law enforcement officer.

(b) No owner, or developer, of any parcel of land located in a proposed subdivision shall transfer or sell any part of the parcel before a final plat of the subdivision has been approved in accordance with the provisions of the regulations and filed with the county register of deeds unless provisions of plat exemptions apply as within §§ 157.080 and 157.081.

(c) Whenever any work is being done contrary to the provisions of this chapter, the city director of planning and development services may order the work stopped by notice in writing served on any persons engaged in the doing or causing the work to be done; and any persons shall forthwith stop the work until authorized by the city director of planning and development services to proceed with the work.

(d) The city director of planning and development services and city engineer shall together have the authority to make interpretations of this chapter and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions.

(e) No permit shall be issued for the demolition or construction of any building or structure located on a lot or parcel subdivided or sold in violation of the provisions of this chapter.

(1992 Code, App. A, § 15A.01.070) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.008 DEFINITIONS.

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALLEY. A public or private right-of-way which affords only a secondary means of access to abutting property.

ARTERIAL. A main traffic artery, more or less continuous across the city, which acts as a principal connecting street with state and federal highways and includes each street designated as an arterial street on the major street plan.

BASEMENT. Any story located below the main floor.

BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of municipalities.

BUILDING. Any structure having a roof, supported by columns or walls, for shelter or enclosure of persons or property.

CITY. The City of Sioux Falls, South Dakota.

COLLECTOR. A street which carries traffic from local streets/roads to arterial streets or highways, including the principal entrance streets of a residential development and streets for circulation in that development.

COMMON AREAS. As used in this chapter, unless the context otherwise requires and unless otherwise provided in the master deed or lease, include:

(1) The land whether fee simple or leased on which the building or buildings stand;

(2) The land which is used to access the building or buildings;

(3) The foundations, main walls, roofs, halls, lobbies, stairways and entrances and exits and communication ways;

(4) The basements, flat roofs, yards, gardens, recreation facilities and parking areas, unless otherwise provided or stipulated;

(5) The premises for the lodging of janitors or persons in charge of the building or buildings, except as otherwise provided or stipulated;

(6) The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water tanks, pumps and the like;

(7) The elevators, garbage incinerators and in general all devices or installations existing for common use; and

(8) All other elements of the property rationally of common use or necessary to its existence, upkeep and safety. See SDCL 43-15A-5.

COMPREHENSIVE DEVELOPMENT PLAN. Any legally adopted part or element of the comprehensive plan of the City of Sioux Falls.

CONCEPT PLAN. A basic plan that is preparatory to the preliminary plan.

CONDOMINIUM. Includes separate interest in common areas and other portions of real property.

CONTRACTOR. The person who contracts with an individual or the developer to construct a building or structure on a parcel of land.

CUL-DE-SAC. A local street with only one outlet having an appropriate terminal for safe and convenient reversal of traffic movement.

DEDICATED. A grant of land to the public for their perpetual use.

DEVELOPER. The owner of land proposed to be subdivided or its authorized agent who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.

DOUBLE FRONTAGE. A lot which abuts a street on two opposite sides (not a corner lot).

EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the property. An EASEMENT is also a means to acquire a legal right for a specific use of land owned by others.

ENGINEERING DESIGN STANDARDS. The current engineering design standards for public improvements of the city entitled City of Sioux Falls Engineering Design Standards for Public Improvements, also referred to as "EDS" or "city design standards."

EXPRESSWAY. A principal traffic artery, serving the major centers of activity, the highest traffic volume corridors and the longest trip desired, with partially or fully controlled access.

DEVELOPMENT ENGINEERING PLAN. The development engineering plan shall address the engineering aspects of topography and infrastructure.

FRONTAGE ROAD. A street used only for access to abutting property where there will be constructed an expressway or arterial street.

HOMEOWNERS ASSOCIATION. An association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions through which each owner or a portion of a subdivision, be it a lot, parcel site, unit plot, condominium or any other interest, is automatically a member or assessment for a prorated share of expense of the association which may become a lien against the lot, parcel, unit, condominium, or other interest or member.

LOCAL STREET. A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for various utilities but not intended to be used for through traffic.

LOT. A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.

LOT, FLAG. A flag lot has two distinct parts: the flag and the pole. The flag contains the buildable area and is located behind another lot; and the pole, which connects the flag to the street, and provides the only street frontage for the lot.

LOT OF RECORD. A parcel established by the county or a lot that is platted as part of a subdivision that has been recorded in the office of the register of deeds, or a parcel of land, the deed to which was recorded in the office of the register of deeds prior to the effective date of the subdivision ordinance. Any lot or parcel of land created through a violation of any applicable laws or ordinances of the state, county, or the city shall not, in this instance, be considered a LOT OF RECORD.

LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement), but not including an unfinished crawl space used for access.

MAIN FLOOR. The lowest story in which more than six feet lies above grade for more than 50% of the perimeter or in which any point is more than 12 feet above grade.

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.

MAJOR STREET PLAN. The major street plan adopted through the MPO transportation planning process and as approved by the city council.

MINOR PLAT. Any plat containing not more than three lots fronting on an existing street that meets all standards of §§ 157.067, 157.068, and 157.080.

MUTUAL ACCESS EASEMENT. An easement granting the perpetual right of abutting property owners to use a designated portion of property for common ingress and/or egress purposes. The easement area shall be maintained by the abutting property owners. The easement is not to be considered required frontage.

OWNER. The record owners of real property in fee simple including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to the land sought to be subdivided.

PARCEL. Any contiguous quantity of land in the possession of, owned by or recorded as the property of the same claimant, person or company.

PLAT. A map, a representation on paper or transferable to paper (e.g., electronic), 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.

PRELIMINARY SUBDIVISION PLAN. The preliminary subdivision plan shall address the preliminary subdivision plan’s internal street network and associated lot and block layout and the relationship to proposed zoning and land use.

PRIVATE STREET. A street that has not been accepted by the city or other governmental entity, but rather reserved by platting a private easement. Private streets shall be named based upon the standards of § 157.113(j) Street naming criteria.

REPLATS. The adjustment and/or vacation of property lines which reallocates or consolidates land area of contiguous lots or parcels, provided that the adjustment or vacation of property lines, sites or other divisions of land under stated conditions of this subdivision chapter.

RESPONSIBLE PARTY. A responsible party means any person seeking to plat a subdivision, including but not limited to (a) owners holding the land for investment purposes, who are not engaged in construction and not holding themselves out as real estate developers, and (b) any developer who is holding or purchasing the land primarily for sale to customers in the ordinary course of business and who is seeking to subdivide property or obtaining a construction permit authorizing the commencement of construction activities for a subdivision. A responsible party must file and comply with subdivision plans and other requirements under this chapter (including entering into a Subdivision Construction Agreement and posting a suitable Performance Security and/or Warranty Security, as applicable), regardless of whether such requirements refer to an "Owner" or "Developer" or both.

RIGHT-OF-WAY. A strip of land, defined as an easement, occupied by a public or private street, railroad, pedestrian walkways, or other special use.

SETBACK. The line that is the required minimum distance from any lot line that establishes the area within which the principal structure must be created or placed.

SHARED USE PATH. A multi-use path designed primarily for use by bicyclists and pedestrians, including pedestrians with disabilities, for transportation and recreation purposes. Shared use paths are physically separated from motor vehicle traffic by an open space or barrier, and are either within the highway right-of-way or within an independent right-of-way.

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.

SUBDIVISION. The division or redivision of land into two or more lots, tracts, parcels, sites, condominiums, or divisions for the purpose of sale, lease or transfer of ownership, except as provided in §§ 157.080 and 157.081.

SUBDIVISION CONSTRUCTION AGREEMENT. A contract entered into by the developer or owner and the city by which the responsible party warrants and promises to complete the required public improvements within the subdivision within a specified time period.

SUBSTANTIAL BUILD-OUT. A subdivision in which at least 90% of the individual lots or 90% of the real property within the approved subdivision has been developed by the completion of planned vertical and horizontal construction and the remaining property has been permanently stabilized.

TRANSFER OF OWNERSHIP PLAT. A plat only for the purpose to subdivide into one additional lot a larger piece of land to transfer from one owner to another that must follow the requirements within § 157.080.

(1992 Code, App. A, § 15A.01.080) (Ord. 81-08, passed 7-7-2008; Ord. 92-12, passed 12-4-2012; Ord. 08-17, passed 1-3-2017; Ord. 87-18, passed 10-2-2018; Ord. 97-22, passed 8-16-2022)

§ 157.020 APPLICABILITY.

Subdivision of land shall be required before the division of land (for any purpose) into two or more parcels.

(1992 Code, App. A, § 15A.02.010) (Ord. 81-08, passed 7-7-2008)

§ 157.021 OVERVIEW OF APPROVAL PROCESS.

(a) Generally. Proposed subdivision development plans must be approved by the city in accordance with the following procedures which include four principal steps:

(1) Concept plan is not required, but advisory (submit for comments to prepare for next steps);

(2) Preliminary plan (in coordination with rezoning);

(3) Development engineering plans (in preparation for engineering construction plans); and

(4) Plat (before a building permit is approved or issued).

(b) Simultaneous review. It is the intent of these subdivision regulations that subdivision review be carried out simultaneously with the review of a zoning application.

(1992 Code, App. A, § 15A.02.020) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.022 FEES.

A fee shall be deposited with the city for all preliminary subdivision plans, development engineering plans and plats. The fees for these applications are to cover the costs of administration, publication of notice, and similar matters shall be charged to developers. The amount of fees charged are listed below. Fees established in accordance with this section shall be paid upon submission of a complete application.

Preliminary Subdivision Plan - $350.

Development Engineering Plan - $300 plus $10 for each lot in the plan.

Plats - A charge of $80 shall be made for the first two lots on final plats and $110 for the first two lots on replats; plus a fee of $10 for each additional lot within a plat and $10 for each additional lot within a replat.

Construction Plan - $100.

(1992 Code, App. A, § 15A.02.030) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.023 SUBDIVISION PLAN AND PLAT EXEMPTIONS.

The following situations shall be exempted from concept plans, preliminary subdivision plans and development engineering plans as a part of the subdivision procedures of this chapter. Nothing in this section shall be construed to exempt a plat in these situations if required by state law.

(a) Preliminary subdivision plan and development engineering plan exemptions as specified within § 157.080:

(1) Minor plats;

(2) Replats; and

(3) Transfer of ownership.

(b) Plat exemptions as specified within § 157.080:

(1) Cemetery gravesite plats;

(2) Government lots;

(3) Boundary line adjustment; and

(4) Add-on agreements for zoning parcels.

(1992 Code, App. A, § 15A.02.040) (Ord. 81-08, passed 7-7-2008)

§ 157.035 INFORMATION REQUIRED.

(a) A concept plan is a process designed to help a developer save time and expense in preparing a preliminary plan and a plat. A concept plan does not have a requirement for engineering information; however, the more engineering design work that is done, the developer will be more likely to avoid future zoning, subdivision, or construction plan amendments because of lot and block reconfigurations due to drainage and other utility requirements. The advantage of a concept plan is that city staff will provide information upfront that may significantly affect the lot and block layout and utility plans. It is recommended that at least some preliminary sanitary and storm drainage engineering be completed during the concept plan stage. All concept plans for review shall be submitted to the planning office.

(b) The developer may submit a concept plan to the online plan review of the city of Sioux Falls website prior to the submission of the preliminary subdivision plan. The concept plan online review will include comments from all applicable city departments. City staff comments on the concept plan shall be sent to the developer within 15 working days unless city staff notifies the developer that more time is required in which case an additional 15 days will be allowed.

(1) The general layout of streets and access points to adjacent street systems; location of major drainageways, approximate flow paths, and detention ponds; water line locations; nearest existing sanitary sewer line locations; wetland, natural features and amenities and preservation of public land, proposed zoning districts; pedestrian connectivity; and agreement with the city’s comprehensive plan goals and policies;

(2) Vicinity map to scale, showing locations of the concept plan and other property for at least 660' in every direction; and

(3) The consultant or developer addresses and telephone numbers.

(d) Comments from city staff on the concept plan may include future land use amendments, zoning transitions, street right-of-way width and type of street (minor or major collector), pedestrian circulation, lot and block layout, street access points, water and sanitary sewer locations, assessments cost per acre including sanitary sewer, water main, regional detention cost, and storm sewer. Staff shall track consistency of comments between concept plan and preliminary subdivision plan.

(1992 Code, App. A, § 15A.03.010) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018; Ord. 88-22, passed 8-9-2022)

§ 157.050 GENERAL PROVISIONS.

A preliminary subdivision plan is a process designed to assist the developer and the city with the efficient and timely development of utilities to and throughout a development. Plans will be evaluated for compliance with the city’s comprehensive plan goals and policy framework, adopted master plans and the capital improvement program.

(1992 Code, App. A, § 15A.04) (Ord. 81-08, passed 7-7-2008)

§ 157.051 SUBMITTAL AND PROCESS.

(a) The developer shall submit an electronic copy of the preliminary subdivision plan to the online plan review at the city of Sioux Falls’ website. The applicant shall submit all elements as required by § 157.052 before the planning commission submittal deadline in order to stay on a standard public hearing schedule.

(1) The planning office shall determine if the application and preliminary subdivision plan contains all elements as required by § 157.052.

A. If it is determined that not all elements are completed, then the applicant shall be notified in writing of the specific deficiencies and that the application shall not be distributed for review until all elements of the application are submitted. The applicant has until the submittal deadline to submit all elements.

B. If the planning office determines that the application does contain all elements as required by § 157.052, the application will be distributed to applicable departments for review.

(2) Applicable city departments will review within ten working days of submittal to determine compliance with all approval criteria of § 157.052.

A. If the planning and development services director determines that the preliminary subdivision plans do not meet the criteria, the plan may not be placed on the planning commission agenda and the planning office shall identify specific required information in its written notification to the applicant at the end of the ten-working day review period. The planning and development services director may schedule the preliminary plan for a planning commission public hearing only after all criteria has been met.

B. If the planning office determines that the preliminary subdivision application is in sufficient compliance with § 157.052, but there are specific design, improvement, or other compliance deficiencies, the planning and development services director may list conditions to the approval of the subdivision application to the planning commission.

(b) The preliminary subdivision plan application shall be scheduled for a planning commission public hearing by the planning office on a day when the planning commission is regularly scheduled to meet as determined by the rules, policies, and regulations as adopted or which may hereafter be adopted by the planning commission for holding public hearings on those requests. The planning commission shall then make a recommendation to city council on the preliminary plan application or shall defer the application for more information.

(c) The city council, in taking action on a preliminary plan, shall consider the recommendations of the planning commission and shall hold a public hearing. The city council shall then approve, disapprove, or approve with conditions by means of a resolution based upon the criteria within § 157.052. Approval of the preliminary plan shall indicate council’s approval of the general location of the lots, blocks, and streets including the interrelationship to proposed zoning districts or land uses, all which shall be so noted on the preliminary subdivision plan’s certificate of approval. The approved plan shall be available by contacting the city office of planning and development services. Any conditions included by the city council shall be resolved on a revised preliminary plan which would be submitted to the planning office for administrative approval before any development engineering plans and plats are submitted.

(1992 Code, App. A, § 15A.04.010) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.052 PRELIMINARY SUBDIVISION PLAN ELEMENTS AND APPROVAL CRITERIA.

Preliminary subdivision plans must have all elements within Table 1 included in the application before a staff review is completed. The planning commission in its recommendation and the city council in its approval shall take into consideration all elements and approval criteria in Table 1.

Table 1 Element and Approval Criteria for Preliminary Plans
Elements	Approval Criteria
The owner, developer, and engineer’s names, addresses, and telephone numbers	Use as contact for the project for comments and notifications.
Submitted by licensed engineer	The earmark that distinguishes a licensed/registered professional engineer is the authority to sign and seal or “stamp” engineering documents for a design or analysis, thus taking legal responsibility for it.
Proposed name of 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.
The names of all adjoining subdivisions with adjoining unplatted property shall be labeled as such	Showing connectivity with lot and block lines, easements, and rights-of-way.
Lot and block layout	Comply with §§ 157.095 through 157.098.
Vicinity map to scale showing location of preliminary subdivision plan	Includes other property between 660-1,320' in every direction.
Proposed zoning districts	Sufficient to allow for staff review of residential densities and nonresidential structure size.
Area, legal description and notations stating acreage, scale, and north arrow	Determine if plan boundaries meet stated ownership; adjacent property notification, if required; measurement and review of plans.
The location of existing blocks, lots, building lines, water courses, drainageways, bridges, culverts, wells, cell towers, septic systems, on-site wastewater systems, present structures, any fixtures, and any pertinent natural features in the area affected, with principal dimensions and all significant information in regard to property, immediately adjacent on all sides	Will not place any existing lot or building in violation of any applicable ordinance, code, regulation, law including, but not limited to, zoning, building, subdivision, and flood prevention and comply with the parks/open space needs identified within the growth management plan and §§ 157.190 and 157.191.
Existing contours referenced to city datum with intervals sufficient to determine the character and topography of the land to be subdivided	Utility coordination and comply with water, sewer, grading/drainage plans.
Boundary lines of floodways and 100-year flood zones delineated on the Flood Insurance Rate Maps (FIRM)	To ensure buildable lots.
Phasing and timelines	Per annexation resolution and for purposes of identifying final utility plan parcels (based on watershed boundaries); construction planning for private and public entities.
Proposed city reimbursements	Coordination with CIP and city disbursements.
Other data consistent with or required within the developers/preannexation agreement	Only data as required within an annexation, preannexation.
Preliminary drainage plan	Comply with EDS Ch. 13.2.2
Preliminary sanitary sewer plan	Comply with EDS Ch. 13.2.2
Preliminary street lighting plan	Comply with EDS Ch. 13.2.2
Preliminary street plan	Comply with EDS Ch. 13.2.2
Preliminary water plan	Comply with EDS Ch. 13.2.2

(1992 Code, App. A, § 15A.04.020) (Ord. 81-08, passed 7-7-2008; Ord. 94-16, passed 8-2-2016; Ord. 87-18, passed 10-2-2018)

§ 157.053 EFFECTIVE PERIOD OF PRELIMINARY APPROVAL.

(a) Any preliminary subdivision plan which has not received development engineering plan approval for all or a portion of the preliminary subdivision plan area within a period of three years would require resubmittal of a new plan for approval subject to any new subdivision regulations unless a waiver from the city director of planning and development services is approved.

(b) Upon written request to the city director of planning and development services and prior to the preliminary plan expiration date, a one-year time extension for the preliminary plan may be granted by the city’s director of planning and development services, subject to the following condition that the land uses for land within the preliminary subdivision plan area have not significantly been altered since the original approval date for the preliminary subdivision plan.

(1992 Code, App. A, § 15A.04.030) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.054 REVISIONS TO PRELIMINARY SUBDIVISION PLAN.

(a) (1) Amendments to an approved preliminary subdivision plan may be requested by the developer.

(2) The city engineer and city director of planning and development services may request an updated preliminary subdivision plan for review and approval when changes to the plan are proposed.

(b) Amendments to a preliminary plan shall consist of external impacts, including changes in major (collectors) street pattern, change of zones, drainage facility location, other public open space location or perimeter boundaries.

(1) Amendments to an approved preliminary subdivision plan shall follow the procedures for approval of a preliminary subdivision plan as required in this section.

(2) The approved plan, and any amendments, shall be kept on file with the city engineer and planning director.

(1992 Code, App. A, § 15A.04.040) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.065 THE DEVELOPMENT ENGINEERING PLANS.

(a) The development engineering plan is a process designed to assist the developer and the city with the efficient and timely development of utilities and final lot and block layout to and throughout a development. Plans will be evaluated for compliance with the Engineering Design Standards and the capital improvement program. The development engineering plan approval will be based upon the engineering feasibility of the development including the determination of more precise locations of all lots, blocks, and streets.

(b) Following the approval of the preliminary subdivision plan, if the developer wishes to proceed, an electronic copy of the development engineering plans shall be submitted to the online plan review at the city of Sioux Falls website for review and acceptance by the city engineering office. The development engineering plans shall encompass all land included in a phase as shown on the preliminary subdivision plan, be in compliance with conditions and approval criteria of the preliminary subdivision plan and existing and proposed easements shown and dimensioned from property lines and utilities.

(c) The development engineering plans shall comply with the respective chapters within the adopted Engineering Design Standards and with criteria within this chapter. All development utility plans shall be approved or disapproved within 15 working days after submittal to the city engineer. In addition, a development lot and block layout shall be approved by the city engineer. All development engineering plans are required to have all elements and approval criteria listed in Table 2. If these plans are approved, the developer may then submit the plat(s) and subdivision construction agreement(s) for approval.

Table 2 Development Engineering Plan Element and Approval Criteria
Elements	Criteria
Lots and blocks including a systematic lot and block numbering pattern, lot lines and zoning districts	Ability to reference areas and review plans; consistent with §§ 157.095 through 157.098 and §§ 157.112 through 157.117
Location and widths of all existing and proposed easements	Utility coordination; consistent with § 157.117 and EDS
Location of all street right-of-way including width and street names	Consistency with major street plan and §§ 157.095 through 157.098 and §§ 157.112 through 157.117
The location of existing blocks, lots, building lines, water courses, drainageways, bridges, culverts, wells, septic systems or other on-site wastewater systems, cell towers, septic systems or other present structures, and any pertinent natural features in the area affected, with principal dimensions and all significant information in regard to property, immediately adjacent on all sides	Will not place any existing lot or building in violation of any applicable ordinance, code, regulation, law including, but not limited to, zoning, building, subdivision, and flood prevention and consistent with the needs identified within Chapter VII and IX of the growth management plan and §§ 157.190 and 157.191
Boundary lines of floodways and 100-year flood zones delineated on the Flood Insurance Rate Maps (FIRM)	To ensure buildable lots
Drainage Development Utility Plans	§ 157.160 et al and EDS 13.2.3
Grading Development Utility Plans	EDS Chapter 7
Water Development Utility Plans	§ 157.130 et al and EDS 13.2.3
Sanitary Sewer Development Utility Plans	§ 157.145 et al and EDS 13.2.3
Erosion and Sediment Control Development Utility Plans	§ 157.175 et al and EDS 13.2.3

(d) Amendments to development engineering plan lot and block layout.

(1) The city engineer and city director of planning and development services may request an updated development engineering plan for review and approval when changes to the plan are proposed or when a proposed plat is not consistent with the development engineering plan. The proposed amendment may include the submission of an updated preliminary subdivision plan to the planning office.

(2) Amendments shall be done administratively with signed approval by the city director of planning and development services and city engineer and coincide with the development engineering plans.

(1992 Code, App. A, § 15A.05.010) (Ord. 81-08, passed 7-7-2008; Ord. 11-09, passed 1-12-2009; Ord. 87-18, passed 10-2-2018)

§ 157.066 THE PLAT.

Platting is a process designed to assist the developer and the city to approve the appropriate features of a proposed subdivision and place them on file with the county register of deeds. Platting is required when land is divided into tracts for purpose of sale, transfer of ownership or in creating a new building site prior to issuance of a building permit, or connecting to city utilities.

(1992 Code, App. A, § 15A.05.020) (Ord. 81-08, passed 7-7-2008)

§ 157.067 PLAT SUBMISSION.

(a) For plats within the city, one signed mylar plat, two paper copies, one reduced eight and one-half by 11 copy and an electronic PDF and DWG shall be submitted to the city engineer for review and approval. For plats within the joint jurisdictional boundary, the signed mylar plat shall be submitted to the county. Additional paper copies may be required for county submittal according to county standards. All copies shall be signed, sealed and notarized.

(b) The plat should be drawn at a scale of 100 feet to the inch from an accurate survey and on one or more sheets whose dimensions are as required by state law. If more than two sheets are required, an index sheet of the same dimension shall be attached and filed.

(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 adjacent to the subdivision;

(2) All lot and block lines, type of easements and rights-of-way such as drainage facilities, pedestrian and utilities should be consistent with the development engineer plan. Adjoining unplatted property shall be labeled as such;

(3) A systematic lot and block numbering pattern, lot lines and street names, and the square footage of all lots;

(4) The location and width of all proposed and existing rights-of-way, alleys and easements;

(5) 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 as required by SDCL 43-18, 43-20 and 43-21;

(6) Location of all monuments and permanent control points, and all survey pins, either set or located as required by SDCL 43-18, 43-20 and 43-21;

(7) The identification and delineations of any portions of the property intended to be dedicated or granted for public use such as drainage facilities, schools or park land;

(8) 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 one- hundredth of a foot;

(9) The radii, chords, length of curve, point of tangency and central angles for all curvilinear streets/roads and radii for rounded corners;

(10) The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all pins and monuments shown as required by SDCL 43-18, 43-20 and 43-21;

(11) Acknowledgment 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, as well as the use of any required common areas;

(12) All formal irrevocable offers of dedication for all streets/roads, alleys, parks, drainage facilities, pedestrian paths and other uses as required;

(13) Approved subdivision construction agreement or proof that the same is not required;

(14) Certificates of approval for endorsement by the city engineer, city director of planning and development services, and city finance officer;

(15) The boundary lines of the floodway and special flood hazard zones, the community map number and the base flood elevation on each lot as delineated on the adopted Flood Insurance Rate Maps (FIRM);

(16) On a separate exhibit, to be retained by the city, a drawing or survey of the existing structure outlines [as shown on the original real property surveyed, as indicated in the Surveyor’s Certificate] to verify setbacks and lot area requirements and ensure that current and proposed easements are clear of obstructions; and

(17) A note identifying the zoning classification in effect at the time of plat or replat submittal.

(1992 Code, App. A, § 15A.05.030) (Ord. 81-08, passed 7-7-2008; Ord. 92-12, passed 12-4-2012; Ord. 87-18, passed 10-2-2018)

§ 157.068 PLAT APPROVAL.

(a) Once the developer submits an electronic copy of the plat to the online plan review at the city of Sioux Falls website and pays all applicable plat fees, the engineering office shall determine if the plat contains all elements as required by § 157.067. Comments shall be provided by the engineering office to the developer. Once all comments are incorporated into the plat, the developer shall submit assurances for the plat. The plat shall provide the information indicated in § 157.067 and shall require the review and approval of the city engineer and the planning director. The plat and subdivision construction agreement shall be in conformance with the development engineering plan. Either all or a portion of the development engineering plan may be platted.

(b) The plat shall be considered for approval only after the mayor has approved subdivision construction agreement as required by § 157.225 from the developer accepting responsibility for the required improvements, or any revision thereof and all platting fees, assessments, and cost recoveries have been paid. Once the subdivision construction agreement has been signed by the mayor and all platting fees, assessments, and cost recoveries have been paid, the plat shall be approved or disapproved within 15 days.

(c) Within the joint jurisdiction area, the Minnehaha County and Lincoln County board of county commissioners have designated the county planning director to review and approve plats in lieu of the review and approval by the county planning commission as allowed by SDCL 11-6-26.1. The county planning director shall review and approve the plat within 45 days of the plat submitted to the county. The plat may not be filed or recorded until the plats have been signed by the county planning director. If the county planning director denies any such plat, a two-thirds vote of the entire membership of the city council is required to override the county planning director and approve the plat.

(d) If it appears that the system of streets set forth therein conforms to the system of streets of the existing plats of the municipality, that all provisions of any subdivision regulations have been complied with, that all taxes, platting fees, cost recoveries, and special assessments upon the tract or subdivision have been fully paid, and that such plat and the survey thereof have been executed according to law, the city engineer and director of planning and development services shall approve the plat (SDCL 11-3-6). Approval of any plat shall be contingent upon the plat being recorded within 120 days after the certificate of approval is signed by the city finance officer. Developers’ failure to adhere to the approved plat and subdivision construction agreement when developing property constitutes a violation of city ordinance.

(e) If the city engineer or director of planning and development services denies the plat, the person requesting the plat may appeal to the city council by scheduling a hearing with the city council within 15 days of receiving a written denial notice.

(1992 Code, App. A, § 15A.05.040) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.080 SUBDIVISION PLAN EXEMPTIONS; MINOR PLAT, TRANSFER OF OWNERSHIP PLAT AND REPLAT.

(a) Purpose. The purpose of this section is to provide for the timely review of minor plats, transfer of ownership plat, and replats that do not discernibly impact surrounding properties, environmental resources or public facilities. No concept plan, preliminary plan or development engineering plans are required. Minor plats, transfer of ownership plats, and replats are administratively approved by the city engineer and city director of planning and development services and must comply with all requirements of a plat in § 157.067. Any request for new or additional public infrastructure or facility services after the land has platted may be required to comply with §§ 157.065 through 157.068 at the request of the city engineer.

(b) Minor plats requirements.

(1) Not more than three lots. A minor plat is a plat containing not more than three lots fronting on an existing street and meet all of the following requirements:

A. Does not require the dedication of right-of-way or construction of new streets, except that arterial roadways identified on the major street plan will be required to dedicate the necessary right-of-way;

B. Does not create any public improvements other than sidewalks;

C. Does not landlock or otherwise impair convenient ingress or egress to or from the rear side of the subject tract or any adjacent property;

D. Does not change the grades from the grading plan which was submitted and approved with the original plat or, if the grades are going to be changed, then a grading plan shall be submitted and approved for the minor plat or replat;

E. Does not significantly change any plans that have been prepared for the placement of any other utilities in the subdivision;

F. Does not adversely affect the remainder of the parcel or adjoining property; and

G. Does not conflict with any provision or portion of the growth management plan, official map, zoning ordinance, or these subdivision regulations.

H. Platting fees may be paid on a replat when required by any applicable city platting fee ordinance.

(2) Transfer of Ownership Plat. A transfer of ownership plat is only for the purpose to subdivide one larger piece of land to transfer from one owner to another. The transfer is not at a point in which it is ready for building permit and the entire development process (zoning, preliminary plan, development engineering plans) is still required before a building permit will be allowed. The transfer of ownership plat shall meet all the requirements of a minor plat and the following:

A. Does not require the creation of public easements.

B. The property being platted must be at least 20 acres in size unless the city engineer determines that a somewhat small plat meets the intent of a transfer of ownership.

C. An updated plat is required before any building permits are allowed.

D. Platting fees are deferred until an updated plat is approved.

(3) Replat. A replat includes all the requirements of a minor plat and shall also include the minor vacation of existing platted lines to achieve either a reconfiguration of the existing recorded plat or change the number of recorded lots in the subdivision only where the perimeter of the tract being replatted is not altered by the replat. Platting fees may need to be paid on a replat when required by any applicable city platting fee ordinance. Also, a replat shall certify that the platting vacates the existing plat.

(1992 Code, App. A, § 15A.06.010) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.081 PLAT EXEMPTIONS.

The purpose of this section is to exempt the city platting rules and regulations from the following situations. However, the exemption of city platting rules and regulations does not exempt the platting requirements of the register of deeds, title company and state law.

(a) Cemetery gravesite plats.

(1) Cemetery gravesite plats or plots do not have to meet any requirements of this subdivision ordinance as long as land is surveyed, mapped or diagramed and subdivided into sections, blocks, lots, individual grave spaces, avenues, walks and streets, thereby platting or making a map which shall be filed and maintained as a permanent cemetery record.

(2) However, all platting requirements of the county register of deeds and state law are still applicable.

(b) Government-owned parcels. In order to facilitate the transfer of ownership from one owner to a government entity for the use of a public land or facility (e.g., school, park, drainageway, H lots), city platting rules may be exempted by the city engineer and city director of planning and development services.

(1) The purpose of an add-on agreement is to allow existing contiguous legal lots, tracts, and plats to be recognized as one parcel for building code and zoning regulations when the contiguous legal lots, tracts, parcels, and plats are owned by the same landowner.

(2) An add-on agreement must not place any existing or planned buildings in violation of zoning regulations or building codes.

(3) An add-on agreement will be recognized by the city planning and development services office after tax parcels stated therein have been combined by the county equalization office. The combined parcel known as the new lot of record shall include the recorded legal descriptions.

(1992 Code, App. A, § 15A.06.020) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.095 PRELIMINARY SUBDIVISION PLAN INTENT.

When applications are submitted for a preliminary subdivision plan, developers shall comply with the following lot, block, and street layout criteria.

(1992 Code, App. A, § 15A.07.010) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.096 PRELIMINARY SUBDIVISION PLAN BLOCKS.

(a) The lengths, widths and shapes of blocks shall be determined with regard to:

(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; and

(3) Limitations and opportunities of topography.

(b) Blocks shall normally be wide enough to allow two tiers of residential lots of an appropriate depth.

(c) Block lengths shall not exceed 1,320'. Block lengths on arterial streets may be longer, but in such situations that pedestrian and bicycle connections must be made as required by § 157.099.

(1992 Code, App. A, § 15A.07.020) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.097 PRELIMINARY SUBDIVISION PLAN LOTS.

(a) Lots should be in conformance with the zoning regulations of Chapter 160 of this Code.

(b) Corner lots for residential use shall have extra width to permit appropriate building setbacks from both sides.

Exception: When there is no building or structure on the lot, a mutual access easement may be provided instead of the requirements of § 157.097(c) only when the parcel is zoned CN Conservation.

(d) Depth and width of properties proposed for commercial and industrial users shall provide off-street parking per Chapter 160 - Shape Places Zoning Ordinance.

(e) All interior lot lines between two lots are a straight line or a series of straight lines. Curved interior lot lines shall be prohibited.

(f) 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 official major street plan.

(g) Flag pole lots.

(1) Maximum lot size of flag pole lot. The pole lot shall be limited to not exceed, in length, twice the width of the lot or twice the length of the lot, whichever dimension is lesser.

(2) Minimum lot width of pole section of lot. The minimum lot width of the pole section of the flag pole lot shall be a minimum of 28' and include a mutual access easement or private drive that provide access to the flag section of the lot and provides frontage to an approved private drive or public street. No parking shall be allowed on the access easement or private drive.

(3) Limit of number of flag pole lots and length of lots. There shall be only one flag lot within each subdivision and only one pole per flag lot. The pole is limited to not exceed in length twice the width of the lot or twice the length of the lot, whichever dimension is lesser.

(4) Designation of property lines. The following requirements determine the location of the front, side, and rear property lines of a flag lot:

A. Front yard. The front yard shall be the yard that most nearly parallels the public or private street providing access to the lot, and which abuts the end of the pole, but does not include the pole.

B. Side and rear yards.

1. The side yard shall be any yard that is not a front or rear yard, exclusive of the pole portion of the lot.

2. The rear yard shall be the lot boundary opposite the front yard.

(1992 Code, App. A, § 15A.07.030) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.098 PRELIMINARY SUBDIVISION PLAN STREET SYSTEM.

(a) Arrangement and extension.

(1) The arrangement of streets in new subdivisions shall conform to the major street plan and shall make provisions for the continuation of existing streets in adjoining areas or their proper projection where adjoining land is not subdivided.

(2) 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.

(b) Circulation plan. In general, streets within subdivisions shall be designed to incorporate and tie

into existing or proposed pedestrian pathways and roadways, and to take into account design restrictions on abutting parcels caused by the surrounding topography, parcel lines, or other features. Other criteria in the street circulation plan shall include the following:

(1) Provisions should be made for a collector street every quarter mile, and there should be a street connecting adjacent subdivisions at intervals not less than a quarter mile where environmental constraints and land use considerations permit. In cases where the connectivity of collector streets are not feasible because of environmental constraints and land use considerations, provisions shall instead be made for a walkway or bike trail to connect the adjacent subdivisions through the shortest and most reasonable method possible. The developer may need to negotiate with adjacent landowners or government entities to determine if the connection is feasible.

(2) Streets should be designed to convey residents conveniently throughout the neighborhood, and to the parks, schools, and shopping areas of the neighborhood and to adjacent neighborhoods. When a subdivision is designed or constructed in conjunction with another use (such as retail, office, apartments, park, or school) of a neighborhood scale, the local and/or collector road system should be designed to provide roadway connections between the various uses.

(c) Arterial streets. In order to maintain the traffic carrying capacity of the arterial streets by limiting access to it from individual lots, and in order to protect the residents of property adjacent to arterial streets from the high traffic volumes associated with the street, property along the arterials shall be subdivided in the manner set forth below.

(1) Double frontage lots. Double frontage lots shall only be used where necessary to provide separation of residential development from through traffic or to overcome specific disadvantages of topography and orientation. Where double frontage lots are used for residential development, additional lot depth or width consistent with the zoning ordinance for rear yard setback shall be required to provide for an extra setback to offset the impact of high traffic volume. All required public improvements within the adjoining local/collector street right-of-way or easement areas, whether proposed or existing, shall be complete and accepted by the city engineer prior to approval of the plat. The city engineer may determine that immediate completion of the public improvements is not feasible, and in lieu of completion of the required public improvements prior to plat approval the developer shall be required to meet one or more of the following:

A. Financially securitize all uncompleted public improvements, which are the responsibility of the developer seeking plat approval.

B. Provide other assurances as approved by the city engineer.

(2) Tracts onto arterial streets. In order to avoid private access from individual lots onto arterial streets, lots should be arranged on blocks so that their side or rear yards are adjacent to the arterial street. Lots adjacent to an arterial street shall have an additional width to provide for an extra setback to offset the impact of high traffic volume. This design will be accepted only for a limited distance due to the number of streets that would intersect with the arterial.

(3) Access roads. Access roads may be used as the city grows into the areas in the county where they have been required. Under some circumstances, they would also be appropriate for commercial and industrial development. Access roads shall be constructed to city standards with a right-of- way width of 50'.

(4) Rear access roads. Rear access roads are recommended for commercial developments. In this way, the access can serve two tiers of lots and alleviate the dangerous turning movements onto and off of arterial streets.

(5) Nonresidential land uses. Nonresidential land uses and higher density residential land uses including multiple-family units and townhouses are particularly suitable for the intersection of two arterial streets. Any development of this type should have limited access to the arterial street.

(6) Lots adjacent to railroad right-of-way. Lots for residential development adjacent to functioning railroad rights-of-way shall provide extra lot depth or width consistent with the zoning ordinance for rear yard setback to provide for an extra setback to offset the impact of the railroad traffic.

(d) Collector street development.

(1) Collectors shall be used to collect traffic from other local roads and collectors to arterial roadways. They should generally run three miles in length.

(2) Based upon increased speeds and volumes, lot sizes and land uses may be increased along collectors to be consistent with the proposed zoning and transitions.

(3) Collectors shall be developed along or between property lines so that both landowners can share in the cost as well as having access to the collector.

(4) In agricultural and transitional areas, collector streets shall be identified and located through the Engineering Design Standards.

(e) Right-of-way widths. The developer shall be required to dedicate street right-of-way widths according to the major street plan and not less than as follows:

Street Type Right-of-Way (in feet)

Access roads: 50

Alleys: 20

Arterials: 100

Collectors: 66-80

Cul-de-sacs (55 radius for turnarounds and eyebrows): 50

Expressway/principals: 100

Locals: 60*

Rural subdivisions: 66

* 66' in multifamily, commercial, and industrial zoned areas

(f) Cul-de-sacs. Cul-de-sacs will be allowed where they are necessary for the reasonable development of a subdivision.

(1) The maximum length of a cul- de-sac shall be 500' 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.

(2) Temporary turnarounds may also be required by the city engineer on dead-end streets that will eventually be continued.

(3) Emergency access may be required by the fire chief on cul-de-sac streets to allow for emergency service response.

(g) Private streets or roads. Private streets may be allowed when serving a limited number of parcels if right-of-way constraints exist and when all maintenance responsibilities are detailed within the easement. The following standards must be met:

(1) A private street must have a minimum of 28' of paved drivable surface and shall meet Engineering Design Standards for a private street.

(2) A private street easement may share the public utility easement required within § 157.117.

(3) All private streets must be platted as a private street easement that shall be recorded with the county register of deeds. The private street easement shall not be included as part of any required lot area or setback for purposes of the zoning ordinance.

(4) Any nonresidential development that proposes private streets shall include sidewalks on both sides of the street, curb and gutter, streetlights, and driveways all to city Engineering Design Standards.

(5) Any nonresidential development that proposes private streets and that is required to do a traffic study shall include any additional design recommendations into the developer’s engineering plan.

(6) An alternative pedestrian plan may be proposed for approval by the planning director and city engineer to allow alternative sidewalk connections that still provide the same pedestrian connections to proposed buildings in the development.

(7) The plat shall have the owner’s certificate regarding the private street easement’s private maintenance of facilities and shall have a maintenance agreement as required within § 157.116.

(1992 Code, App. A, § 15A.07.040) (Ord. 81-08, passed 7-7-2008; Ord. 8-13, passed 3-5-2013; Ord. 87-18, passed 10-2-2018)

§ 157.099 PRELIMINARY PLAN SHARED USE PATHS.

Shared use path easements shall be required to be dedicated - in order to increase access to current or future schools, playgrounds, employment centers, commercial areas, bus stops, bike trails, and other community facilities - through blocks greater than 1,320 feet when needed to reduce pedestrian distances. Shared use path easements may also be required to provide access to parks, open space, recreation areas, greenways, and common areas.

(a) The shared use path - walkways shall be included within a ten-foot easement or other acceptable area as approved by the city engineer and maintained by the adjacent property owners or other acceptable landowner as approved by the city engineer. The shared use path - walkways shall be paved at least six feet in width and shall be constructed before a certificate of occupancy is approved.

(b) Shared use path trails shall be included within a 20 foot easement when identified as a part of the City of Sioux Falls Bicycle Plan. The shared use path - trail shall be paved at least 12 feet in width; the shared use path - trail easement shall include language that allows for the city or developer to construct a single-track, grass, gravel, or paved path within the easement.

(Ord. 87-18, passed 10-2-2018; Ord. 97-22, passed 8-16-2022)

§ 157.112 DEVELOPMENT ENGINEERING PLAN LOTS, BLOCKS, AND STREETS.

All lot and block requirements approved with the preliminary subdivision plan shall be included within the development engineering plan.

(1992 Code, App. A, § 15A.08.030) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.113 DEVELOPMENT ENGINEERING PLAN STREETS SYSTEM.

(a) Street design standards.

(1) Generally. All public street improvements and facilities, including pavement width, street grades, alignment and visibility, and intersections shall be designed in compliance with the Engineering Design Standards manual and are subject to the approval of the city engineer.

(2) Half streets. Whenever an existing half street is adjacent to a tract being subdivided, the other half of the street shall be platted within the subdivision. Completion of the required public improvements within said half street shall be in accordance with the provisions for new half street right-of-way dedications detailed below, prior to plat approval. New half street right-of-way dedications shall only be allowed at the discretion of the city engineer and if the city engineer determines the developer has made all reasonable attempts to coordinate right-of-way dedication and completion of the required public improvements with the adjoining landowner. In lieu of completion of the required public improvements prior to plat approval, the developer shall be required to meet one or more of the following:

A. Financially securitize all uncompleted public improvements, which are the responsibility of the developer seeking plat approval.

B. Provide other assurances as approved by the city engineer.

(b) Traffic calming. Improving traffic flow into and through subdivisions also needs to take into consideration traffic volumes and speeds. Traffic calming is the process by which vehicular speeds and volumes on local streets are reduced to acceptable levels. This is achieved through the installation of approved devices such as traffic circles, flares, and center islands. Traffic calming serves the purpose of reducing cut-through traffic, truck traffic, excessive speeding, noise, vibration, air pollution, and accidents in an attempt to provide a safer environment for motorists and pedestrians.

(1) Approved devices shall be spaced within the right-of-way along major collectors through residential subdivisions, based upon Engineering Design Standards.

(2) Traffic calming devices may be required by the city engineer, based upon the review of a traffic impact study.

(c) Right-of-way widths. The developer shall be required to dedicate street right-of-way widths according to the approved preliminary subdivision plan requirements:

(d) Cul-de-sacs. Cul-de-sacs will be allowed as required by the preliminary subdivision requirements.

(e) Access control. Access control standards shall follow the provisions within the access control section of the Engineering Design Standards.

(f) A traffic study or traffic report shall be provided when required by the city engineer and such study shall meet the standards in chapter 5 of the Engineering Design Standards. The traffic study or report, when required, helps the city to adequately assess the impact of a proposal on the existing and/or planned street system. If required, a preliminary plan shall not move forward to planning commission until the study or report is complete.

(g) Mutual access easements. 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:

(1) Any mutual access easement accepted by the city must provide for perpetual unobstructed access to the area it serves and prohibit the erection of any structure within or adjacent to the access area that 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 that shows a mutual access easement as a means of access shall provide language in the owner’s certificate (see Appendix B) 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 as required in § 157.116. It shall describe the legal responsibilities for the repair and maintenance of the easement area and the required signs. See division (g)(6) below.

(6) The developer 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.

(h) Alleys.

(1) Alleys are permitted in commercial and industrial districts, except where provision is made for service access, such as off-street loading, unloading, and parking consistent with the requirement set forth in chapter 160 of this Code.

(2) Alleys are permitted in residential districts when design standards and conditions warrant an alternative means of access.

(i) Continuation of street names. Streets generally in alignment with existing streets shall bear the names of those streets. When, due to topography, offsets caused by rectangular surveys, or other physical features, streets become interrupted, quarter line and section line streets shall retain the same name on either side of the irregularities.

(j) Street naming criteria. No street names shall be used that 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 36". All street names shall indicate directions either north, south, east, or west. Street name suffixes shall be applied as follows:

Avenue	A road generally running north and south
Boulevard	A minor street divided by a median
Circle	All cul-de-sacs
Court	A road with two openings which enters and exits on the same street
Drive	A road running northwest to southeast
Lane	A road running northeast to southwest
Parkway	Limited access roads such as major streets which are divided by a median
Place	All private streets/roads
Road	A road running both east and west or north and south for significant lengths; the names may only be assigned to major rights-of-way
Street	A road generally running east and west
Trail	A road which wanders in different directions

(k) Prohibition on certain street name suffixes. No development engineering plans shall be approved which use the names of square, ridge, pass, way, or terrace as a suffix for a street name.

(1992 Code, App. A, § 15A.08.040) (Ord. 81-08, passed 7-7-2008; Ord. 11-09, passed 1-12-2009; Ord. 8-13, passed 3-5-2013; Ord. 87-18, passed 10-2-2018)

§ 157.114 SHARED USE PATHS.

Shared use paths of an appropriate width (as determined by the city engineer or parks director) shall be required where deemed necessary to provide circulation or access to open space, recreation areas, schools, playgrounds, shopping centers, bus stops, and other community facilities.

(1992 Code, App. A, § 15A.08.050) (Ord. 81-08, passed 7-7-2008; Ord. 97-22, passed 8-16-2022)

§ 157.115 DEVELOPMENT ENGINEERING PLAN MINIMUM SUBDIVISION IMPROVEMENTS.

When development engineering plans are approved and plats within the development engineering plan are platted, drainage, utilities, and streets will be required to be extended to the edge of adjacent platted land and all such improvements must comply with this Code of Ordinances and the city’s Engineering Design Standards. In addition, street access for residential subdivision development is required as follows:

(a) Street secondary access.

1. Residential developments served by only one street access, or a mutual access easement shall provide a second street access, or mutual access easement, prior to reaching a level of service B (LOS B) of 980 vehicles per day based on serving up to 103 single-family units or up to 147 multi-family units, or a combination of units, using trip generation rates of 9.52 trips per day for a single-family unit and 6.65 trips per day for a multi-family unit, as provided by the Institute of Transportation Engineers Trip Generation, 9th ed., 2012. The second street access or mutual access easement shall be a minimum of 24' wide, gravel surface maintained with dust control, or paved surface, as approved by the city engineer. All existing units served by the one paved access shall apply toward total, regardless of the number of owners or subdivisions served by the access.

2. The city director of planning and development services and city engineer are hereby authorized and directed to interpret, enforce, and grant waivers from the street access requirement. Such waivers may be granted only when compliance is unnecessary and impractical and a waiver would not adversely impair public access.

(1992 Code, App. A, § 15A.08.070) (Ord. 81-08, passed 7-7-2008; Ord. 07-17, passed 1-3-2017; Ord. 87-18, passed 10-2-2018)

§ 157.116 PRIVATE MAINTENANCE AND REPAIR AGREEMENTS.

Where the subdivision contains sanitary sewer collection systems, water supply systems, park areas, storm drainage systems, road systems including private streets, or other facilities or services which are necessary to or desirable for 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 the developer for the proper, perpetual, and continuous maintenance, repair, and supervision of such common facilities. Such provision will consist of an agreement among the users of such services or in any other recordable document showing the parties have consented.

A copy of the agreement shall be provided to the city engineer for review and comment prior to approval of any plat. Such agreement shall include all applicable information below and must be recorded against all properties affected. Proof of filing must be provided prior to connection. Compliance with the terms of the maintenance agreement is enforceable between the parties to the agreement.

(a) Funding. Explanation of the means to fund maintenance, repair, and supervision of any common facilities not accepted for maintenance by a public agency (e.g., homeowner association dues, etc.).

(b) Supervision. Explanation of who will operate the facilities.

(c) Inspection. Consent for inspection of common facilities by the city. The city is not required to conduct routine inspections on private sewer and water facilities, but may inspect periodically to determine any impacts the facilities may have on the city’s public wastewater or water system and other similar matters.

(d) As-built plans. Provision for maintenance of as-built plans following initial construction and any changes thereafter. Such plans shall be maintained by the operator, owner, or other person listed in the agreement.

(e) Service log. Providing for a service log to be maintained by the operator, owner, or other person listed in the agreement. The service log should, for example, show the date and person(s) conducting maintenance and repairs of items covered by the agreement.

(f) Water maintenance and repair.

1. Acknowledgment the water supplied by items covered by the agreement will comply with the state Safe Drinking Water Act, including sampling and testing if required by state law.

2. Annual flushing and inspection of hydrants to ensure they are in working order.

(g) Sanitary sewer maintenance and repair.

1. Televising the sanitary sewer lines periodically at least every ten years to review and correct deficiencies and undertake repairs.

2. Jetting out the sanitary sewer lines at least once every five years.

(1992 Code, App. A, § 15A.08.080) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.117 EASEMENTS.

(a) Easements shall be provided and dedicated where necessary for wires, cables, conduits, fixtures, and equipment for distribution of electric power, wastewater collectors, storm drains, overland storm water flow routes, sidewalks, shared use paths, private roadways, and water mains at those locations and widths as determined by the city. The width of easements required for public wastewater collectors, storm drains and/or water mains shall be as specified in the engineering design standards for the particular improvement adopted by the city. It is the policy of the city to locate all necessary utilities in the right-of-way or in easements abutting rear or side lot lines, except on double frontage lots. Deviations from this policy may be made when it is demonstrated that the utility is necessary and no practical alternative locations exist.

(b) In any dedication of an easement, the city may prohibit or restrict building, fences, driveways, and other improvements; may enter for construction, reconstruction, replacement, repair, operation and maintenance purposes; and will be held harmless for the cost of replacement or damage to any improvement or vegetation within the easement and may make any other appropriate or necessary requirements.

(1) All easements for municipal utilities shall be shown on the plat. When constructed outside of the typical street right- of-way limits or anytime on private property, utility easements must be included on the plat consistent with Engineering Design Standards and with § 157.116.

(2) There shall be a ten-foot utility easement for municipal utilities along all right-of-way frontages; except when the setback is equal to or less than 20 feet, then the utility easement shall be equal to half the distance of the required setback per the zoning district.

(3) Easements centered on rear lot lines shall be provided for utilities, drainage, and shared use paths where necessary and shall be a minimum of 20 feet in total width unless otherwise required by the city engineer.

(4) Where topographical or other conditions warrant side yard easements and easements across lots, easements at least ten feet in total width shall be provided.

(5) Lots and easements shall be arranged in a manner as to eliminate unnecessary jogs or offsets and to facilitate the use of easements for power distribution, telephone service, drainage, water and sewer services.

(6) The property owner whose property is subject to those easements shall be responsible for its maintenance. The property owners shall keep the easement clear of any structure, debris, trees, shrubs or landscaping whatsoever except that lawn grass, which shall be regularly mowed and annual vegetation may be grown thereon.

(1992 Code, App. A, § 15A.08.090) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018; Ord. 97-22, passed 8-16-2022)

§ 157.130 GENERAL REQUIREMENTS.

(a) Necessary action shall be taken by the applicant to extend or create a water supply district for the purpose of providing a water supply system capable of providing domestic water use and fire protection.

(b) Where a public water main is accessible, the subdivider shall install adequate water facilities (including fire hydrants) subject to the specifications of the city utilities department as shown on the final utility plan required in § 157.065.

(c) Water main extensions shall be approved by the city 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 city water department a cost recovery study based upon the actual construction costs showing the amount due from each property when a connection is made to the extended water main.

(d) To facilitate the above, 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.

(1992 Code, App. A, § 15A.09.010) (Ord. 81-08, passed 7-7-2008)

§ 157.131 PUBLIC WATER SUPPLY.

Land which is located over or adjacent to a water bearing stratum or water supply reservoir and which is designated as an area providing or supplementing a municipal water supply shall not be developed or subdivided for residential, recreational, commercial or industrial purposes except when public water and sewer systems are provided.

(1992 Code, App. A, § 15A.09.020) (Ord. 81-08, passed 7-7-2008)

§ 157.132 DESIGN STANDARDS.

All water facilities including water mains, valves, fire hydrants, storage facilities and pumping stations shall be designed in accordance with engineering design standards and are subject to the approval of the city engineer. All water facilities shall be designed in compliance with the engineering design standards.

(1992 Code, App. A, § 15A.09.030) (Ord. 81-08, passed 7-7-2008)

§ 157.145 PROVIDED FOR EACH LOT.

Each lot within a subdivision area shall be provided with a connection to an approved public sanitary sewer.

(1992 Code, App. A, § 15A.10.010) (Ord. 81-08, passed 7-7-2008)

§ 157.146 EXCEPTIONS.

(a) In areas where a public sanitary sewer is not reasonably accessible, but where plans, including the comprehensive plan, a facilities plan or any other approved plan for the installation of sanitary sewers in the vicinity of the subdivision has been prepared, the subdivider shall install sewers in conformity to plans approved by the city engineer.

(b) In cases where a connection to an existing public sanitary sewer may not be immediately practical, a connection may be made to the gravity sewer system by the use of a lift station, constructed in accordance with the regulations and requirement set forth by the city engineer.

(1992 Code, App. A, § 15A.10.020) (Ord. 81-08, passed 7-7-2008)

§ 157.147 DESIGN STANDARDS.

(a) 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 city engineer.

(b) All sewer facilities shall be designed in compliance with the engineering design standards.

(1992 Code, App. A, § 15A.10.030) (Ord. 81-08, passed 7-7-2008)

§ 157.160 GRADING PLAN.

The final grading plan for the subdivision shall be submitted to and approved by the city engineer. The grading plan shall, as much as possible, be laid out to conform to the natural contour of the land.

(1992 Code, App. A, § 15A.11.010) (Ord. 81-08, passed 7-7-2008)

§ 157.161 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, one will be conducted by the city on the drainage basin of which the proposed subdivision is part. No subdivision plans will be approved prior to completion and acceptance of the master drainage plan.

(1992 Code, App. A, § 15A.11.020) (Ord. 81-08, passed 7-7-2008)

§ 157.162 DESIGN STANDARDS.

All drainage facilities including storm sewers, on-site detention, drainageways, detention ponds and drainage channels shall be designed in compliance with the currently approved engineering design standards and are subject to approval of the city engineer.

(1992 Code, App. A, § 15A.11.050) (Ord. 81-08, passed 7-7-2008)

§ 157.175 SPECIFICATIONS.

Measures used to control erosion on a development site shall meet the requirements of the engineering design standards. Stripping of vegetation, regrading and cut and fill operations should be kept to a minimum, as should the amount of land and the duration of exposure. Whenever feasible, development plans should be made in conformance with topography in order to create the least erosion potential. Similarly, as much as possible, natural vegetation shall be retained, protected and supplemented. The city engineer shall require any further measures as necessary to prevent erosion on building sites and developments from depositing wastes or sediments on public streets or other property. Every effort shall be made to retain the natural vegetation on all ditches and drainageways. Ditches and drainageways will not be disturbed without the approval of the city engineer’s office.

(1992 Code, App. A, § 15A.12.010) (Ord. 81-08, passed 7-7-2008)

§ 157.176 SUBDIVISIONS AND INDIVIDUAL LOTS.

(a) General.

(1) Land disturbing activities of one acre or more shall comply with chapter 12 of the city’s engineering design standards.

(2) Individual lots within an approved subdivision or larger common plan of development or sale that have land disturbing activities of less than one acre shall comply with chapter 12 of the engineering design standards until they are classified as a minor impact construction site by this chapter.

(b) Minor impact construction site.

(1) Individual lots involving less than one acre of disturbed area in an approved subdivision or larger common plan of development or sale shall not be considered a separate construction project, but rather as a part of the subdivision development as a whole. The lots will be classified as minor impact construction sites if all the following conditions are met:

A. The subdivision or larger common plan of development or sale has been approved pursuant to this chapter;

B. A notice of intent has been submitted and the subdivision has coverage under a state general permit for storm water discharges associated with construction activity;

C. A state storm water permit for the approved subdivision is maintained for the subdivision until all of the following are met:

1. Substantial build-out of the property has been completed. The subdivision owner and developer shall determine whether to build-out the property by phase or entire subdivision. The subdivision owner and developer shall determine whether to meet the 90% build-out standard by lot or acreage. The subdivision owner and developer shall maintain documentation verifying how this build-out standard has been met prior to submitting a notice of termination of the general permit for storm water discharges associated with construction activity to the state department of environment and natural resources; and

2. Areas not build-out have been permanently stabilized.

D. The subdivision owner and developer has received approval of an erosion sediment control plan from the city;

E. The individual lot has been sold or transferred to a new owner; and

F. The property owner has executed the city’s notice of stabilization form or an approved alternate.

(2) A minor impact construction site shall comply with §§ 12.1.3.3, 12.1.3.3.1. and 12.1.3.3.2 of the city’s engineering design standards for public improvements. Any minor impact construction site in compliance with these three sections is exempt from all other provisions of chapter 12 of the engineering design standards for public improvements.

(1) Throughout build-out, a subdivision owner and developer shall implement and maintain best management practices (BMP) and conditions of the approved erosion and sediment control plan to control erosion and sediment problems on all property that has not been sold to another party or does not meet the specific conditions listed in this section.

(2) Throughout build-out, a minor impact construction site owner and contractor shall implement and maintain the subdivision and individual lot BMP and conditions of the approved erosion and sediment control plan to control erosion and sediment problems on the individual lot that they own or upon which they build.

(1992 Code, App. A, § 15A.12.020) (Ord. 81-08, passed 7-7-2008)

§ 157.190 EXISTING FEATURES.

Existing natural features which would add value to residential development or to the community as a whole, such as trees, watercourses and similar irreplaceable assets, should be preserved in the design of the subdivision.

(1992 Code, App. A, § 15A.13.010) (Ord. 81-08, passed 7-7-2008)

§ 157.191 SENSITIVE NATURAL AREAS.

Critical open space and environmental assets as shown on the comprehensive plan shall be reviewed with regard to the special character of the area taking into consideration harmonious design, environmental protection and topographical restraints.

(1992 Code, App. A, § 15A.13.020) (Ord. 81-08, passed 7-7-2008)

§ 157.205 IN GENERAL.

(a) Premature subdivision of land is to be discouraged, due to unavailability of urban services, higher energy consumption, premature and excessive loss of agricultural land and inefficient delivery of basic government services.

(b) Where rural subdivisions are allowed in the joint jurisdictional boundary, their design standard and minimum improvements are the same as those required within the city limits except for the following exceptions listed below.

(1992 Code, App. A, § 15A.14.010) (Ord. 81-08, passed 7-7-2008)

§ 157.206 ROADS.

(a) Specifications for roads shall be in accordance with the Sioux Falls Engineering Design Standards Manual.

(b) Roads shall be designated on the plat as dedicated right-of-way or as a private roadway easement. The responsibility for maintenance of all rural subdivision roads shall be certified on the plat or spelled out in a maintenance agreement to be filed with the plat.

(1992 Code, App. A, § 15A.14.020) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)

§ 157.207 LOTS AND BLOCKS.

(a) Whenever a plat or preliminary plan is proposed having lots which are one acre or larger in size, the planning commission may require that the plat or plan shall show how those lots can be resubdivided into urban sized lots in the event the area is ever annexed into the city.

(b) Lots fronting along an arterial road or a federal, state or county highway shall be discouraged. Where they are allowed, shared drives may be required, or dedication of a frontage road between the arterial or highway and the lot shall be provided. The road shall provide direct access to the adjoining property while limiting curb cuts along the major road. Approval shall be certified by the appropriate public entity for access onto all dedicated roads.

(1992 Code, App. A, § 15A.14.030) (Ord. 81-08, passed 7-7-2008)

§ 157.208 GRADING AND DRAINAGE.

Driveways and drainage culverts shall be installed by the lot owner in accordance with the engineering design standards and approved by an applicable township, county or state agency.

(1992 Code, App. A, § 15A.14.040) (Ord. 81-08, passed 7-7-2008)

§ 157.209 WATER SUPPLY.

(a) If a public water system is not available, individual wells may be used, or a central water system provided in a manner that an adequate supply of potable water will be available to every lot in the subdivision.

(b) All subdivisions shall require proof of an adequate water supply prior to issuance of any building permits.

(1992 Code, App. A, § 15A.14.050) (Ord. 81-08, passed 7-7-2008)

§ 157.210 SANITARY SEWERS.

In areas where public sanitary sewers are not accessible and no plans for public sewers have been prepared, or where the connection to public sanitary sewer is impractical, individual sewer systems will be permitted provided they comply with the regulations set forth for septic systems by the appropriate state agency and any additional county requirements.

(1992 Code, App. A, § 15A.14.060) (Ord. 81-08, passed 7-7-2008)

§ 157.225 ASSURANCES REQUIRED.

(a) Assurances for subdivisions within the city limits. No plats or construction permit of any subdivision shall be approved unless owner or the developer has signed a subdivision construction agreement as the responsible party to establish the responsibility and security for the construction and warranting of the public improvements required by this chapter in a satisfactory manner and within a period specified by the city engineer, such period not to exceed two years. An extension to that two-year period may be granted at the discretion of the city engineer.

(b) Assurances for rural subdivisions. No plat of any rural subdivision shall be approved unless the improvements required by this chapter have been installed prior to the approval, or unless the owner or developer has posted a surety bond or irrevocable letter of credit or acceptable cash deposit assuring completion of all required improvements.

(c) Issuance. No building permits shall be issued until assurances, or subdivision construction agreements as applicable, have been filed or signed as applicable or all required road improvements have been completed.

(1992 Code, App. A, § 15A.15.010) (Ord. 81-08, passed 7-7-2008; Ord. 92-12, passed 12-4-2012; Ord. 08-17, passed 1-3-2017)

§ 157.999 PENALTY.

Violations of this chapter shall be punished under § 10.999 of this Code of Ordinances.

(1992 Code, App. A, § 15A.01.070) (Ord. 81-08, passed 7-7-2008)

Sioux Falls City Zoning Code

CHAPTER 157

SUBDIVISIONS

APPENDIX A: CERTIFICATES FOR PRELIMINARY PLANS

CITY COUNCIL APPROVAL

Be it resolved by the City Council of the City of Sioux Falls, that the preliminary plan of (Subdivision Name) to the City of Sioux Falls is hereby approved by resolution (resolution number).

CITY PLANNING COMMISSION APPROVAL

The City Planning Commission of the City of Sioux Falls approves the preliminary plan of (Subdivision Name) to the City of Sioux Falls and the same has been recommended to the City.

If the preliminary plan is within the joint platting jurisdiction, the following certificates shall also be included.

COUNTY PLANNING COMMISSION

APPROVAL

The County Planning Commission of ________ County, approves the preliminary plan of (Subdivision Name) and that the same has been recommended for approval on (date approved).

COUNTY COMMISSION APPROVAL

Be it resolved by the Board of Commissioners of ________ County, that the preliminary plan of (Subdivision name), ________ County, is hereby approved by resolution (resolution number).

(1992 Code, App. A, § 15A, App. 1) (Ord. 81-08, passed 7-7-2008; Ord. 22-14, passed 4-1-2014)

APPENDIX B: CERTIFICATES FOR PLATS AND REPLATS

SURVEYOR’S CERTIFICATE

______________________________

Registered Land Surveyor

OWNER’S CERTIFICATE OF COMPLIANCE

DEDICATION OF LAND FOR PUBLIC USE

OWNER’S CERTIFICATE FOR PRIVATE MAINTENANCE OF FACILITIES

(Plat Certificate for Private Streets)

If private streets are shown, include:

If mutual access easements are shown, include:

If the plat is a condominium or includes common ownership, include:

If the plat is a replat, include:

I further certify that this platting of the described (New Subdivision Name) does hereby vacate the following platting:

(Legal description of old plat) on file at the Register of Deeds office in Book ________, page ________, the plat, hereby vacated, being situated within described (New Subdivision Name) as surveyed.

Dated this ________ day of ________, 20_____.

______________________________

Name

STATE OF SOUTH DAKOTA )

: SS

COUNTY OF ________ )

In witness thereof, I have hereunto set my hand and official seal this ________ day of ________, 20_____.

My commission expires: ________

__________________

Notary Public, ________ County, South Dakota

CITY ENGINEER’S CERTIFICATE - Inside City Limits

Signed on this day of , 20 .

City Engineer

City of Sioux Falls, South Dakota

CITY ENGINEER’S CERTIFICATE - Outside City Limits

______________________________

City Engineer

City of Sioux Falls, South Dakota

ROAD AUTHORITY CERTIFICATE - Outside City Limits

I, (Name), , (Title) of the (Agency) do hereby certify that this plat and access location has been reviewed by me or my authorized agent and that this plat is recommended for approval.

Signed on this day of , 20 .

By:

Title:

CITY DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES CERTIFICATE

Current Zoning Classification	Acres