This Ordinance is adopted to safeguard the best interests of the City of Watford City and to assist the subdivider in harmonizing their interests with those of the city at large. Because each new subdivision becomes a permanent unit in the basic structure of the expanding community to which the community will adhere, and because piecemeal planning of subdivisions will result in an undesirable, disconnected patchwork of roadways and poor circulation of traffic unless its design and arrangement is correlated to the Comprehensive Plan and the Long Range Transportation Plan of the City, aiming at a unified scheme of community interests, to prevent the creation of non-conforming lots, to insure that all subdivisions of land are platted by professional land surveyors registered in the state of North Dakota, all subdivisions of land hereafter submitted for approval to the Planning Commission shall, in all respects, fully comply with the regulations hereinafter set forth in this Ordinance. These regulations are hereby adopted for the following purposes:

1.

To establish standard procedures, requirements and conditions for the preparation, submission, and approval of plats of the subdivision of land within the City and its un-incorporated jurisdiction thereof, as provided in Chapter 40-48 of the North Dakota Century Code, and to enable the City Planning Commission to exercise the authority granted therein, and

2.

To require that such plats conform satisfactorily to the comprehensive plan for the territorial jurisdiction of the City Planning Commission and other plans for such jurisdiction or part thereof, including the land use plan and other portions of the Comprehensive plan.

3.

It will be the duty of the Planning Commission to discourage the subdividing of lands that are far in advance of the needs of the community; or that by their location cannot be efficiently served by public utilities, schools, fire protection, police protection or other municipal service; or that are located in areas subject to flooding or that are topographically unsuitable for development; or that for any other reason are unwisely or prematurely subdivided. It shall also be the duty of the Planning Commission to encourage the replatting of lands deemed to be unsatisfactorily subdivided or are underdeveloped.

4.

It shall also be the duty of the Planning Commission to encourage the coordinated platting of adjacent small parcels of land.

(Ord. No. 574, 6-7-2021)

These regulations shall be known as the "Subdivision Regulations of the City of Watford City."

(Ord. No. 574, 6-7-2021)

Hereafter all subdivisions made within the City and within the designated areas outside of the corporate limits thereof, and not located in any other municipality, shall be subject to and shall conform to these regulations and shall conform to the major thoroughfare plan and other plans for such territory, or part thereof, including the land use plan and other portions of the Comprehensive Plan.

(Ord. No. 574, 6-7-2021)

For the purpose of this ordinance certain words used herein are defined as follows:

1.

BLOCK: An area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a physical land barrier such as a river.

2.

BOUNDARY LINE ADJUSTMENT: a division of land made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division, nor create any lot, tract, parcel, site, or division which contains insufficient area and dimensions to meet minimum requirements for width and area for a lot.

3.

BUILDING PERMIT: The permit to allow for structural construction as required under the Building Code of the City of Watford City.

4.

CITY: [The] City of Watford City, North Dakota.

5.

CITY AUDITOR: [The] City Auditor of the City of Watford City, North Dakota.

6.

CITY ENGINEER: The City Engineer of the City of Watford City, North Dakota.

7.

CITY PLANNING DEPARTMENT: The City Planning Department of Watford City, North Dakota.

8.

CONCEPT PLAN: Generalized illustrative plan for the development of land depicting a proposed subdivision layout, land use, phasing, streets, and general design in accordance with current City standards and zoning regulations.

9.

EASEMENT: A grant by a property owner of the use of land for such public or private use such as for access, constructing and maintaining utilities, including but not limited to, sanitary sewers, water mains, electric lines, telephone lines, T.V. or F.M. transmission lines, storm sewer or storm drainage ways, gas lines, and roadways.

10.

FINAL PLAT: A drawing or map of a subdivision, meeting all the requirements of the City of Watford City and in such form as required by the County of McKenzie for purposes of recording.

11.

LOT: A parcel of real property with a unique designation shown on a plat, record of survey, parcel map, or subdivision map recorded in the office of the County Recorder, or a parcel of real property established under zoning or subdivision regulations.

12.

LOT OR PROPERTY PIN: A monument established by certified land survey and set by a registered land surveyor to provide for accurate location of property lines set in accordance with North Dakota Century Code 47-20.1-10 and its amendments minimum corner requirements.

13.

MINOR PLAT: A less intensive subdivision process reserved for the purpose of platting a simple lot split, boundary line adjustment, or map of reversion in which shall only be allowable when street improvements, water or sewer line improvements, or other public improvements are not required.

14.

MONUMENT: An identification marker established by certified land survey and set by a registered land surveyor at each section corner, angle point, block corner, street centerline, or other point.

15.

PARCEL: A contiguous quantity of land under separate ownership.

16.

PARKS AND PLAYGROUNDS: Areas of public land and open spaces in the City of Watford City, dedicated or reserved for recreation purposes.

17.

PLANNING COMMISSION: [The] City Planning and Zoning Commission of Watford City, North Dakota.

18.

PLAT: A map which defines the subdivision of land. A plat commonly shows lots, blocks, streets and other features relevant to the development and improvement of the property.

19.

PRELIMINARY PLAT: A tentative drawing or map of a proposed subdivision meeting requirements herein enumerated.

20.

PROTECTIVE COVENANTS: Contracts made between private parties as to the way land may be used, with the objective of protecting and preserving the physical and economic integrity of any given area.

21.

PUBLIC IMPROVEMENTS: Water supply systems, sanitary sewer systems, storm water management works, street improvements, and public utilities.

22.

RECREATIONAL AREA, PUBLIC: An area of land open to the public for recreational purposes with or without user fees charged.

23.

REVERSIONARY MAP: a map of reversion for the purpose of allowing subdivided property to be reverted back to acreage.

24.

RIGHT-OF-WAY: Areas or portions of areas of land dedicated, used, or prescriptively used for a road and along the side of the roadway. A thoroughfare or path reserved or established for public use or reserved for or occupied and used by a railroad or a public utility.

25.

SIMPLE LOT SPLIT: a minor plat which shall be allowed when street improvements, water or sewer line improvements or other public improvements are not required. A Simple Lot Split shall create no more than four (4) lots.

26.

STREET: A public way for vehicular traffic which affords the principal means of access whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated.

27.

SUBDIVIDER: A person, corporation, partnership, association, or any other group who prepares or causes to be prepared a subdivision plat.

28.

SUBDIVISION: Any division or redivision of a lot, tract, or parcel of land within the city or its extra-territorial jurisdiction into two (2) or more lots, tracts, or parcels of land for the purpose of transfer of ownership, building development, the creation of streets and/or rights-of-way, or any other purpose; except that: a) The sale or exchange of parcels of land to or between adjoining property owners where such sale or exchange does not create additional lots shall not be deemed a subdivision; b) The allocation of property by court decree in settling the estate of a decedent or in partitioning land among owners shall not be deemed a subdivision; c) The unwilling sale of land as the result of legal condemnation procedures, or the acquisition of street rights-of-way by a public agency in conformance with the comprehensive plan shall not be deemed a subdivision.

29.

TRACT: A parcel of land intended for division or development of a subdivision.

30.

U.S.G.S. DATUM: Refers to United States Geodetic Survey Datum.

31.

WIDTH OF LOT: The width of a lot shall be the average distance between side lot lines. Side lot lines are those which are neither front nor rear lot lines.

(Ord. No. 574, 6-7-2021)

Plat approval as required herein and in conformity with statutory authority within the Planning Commission's territorial jurisdiction, shall be by the Planning Commission, with confirmation approval by the City Council. In all cases where land is offered for dedication of streets, utilities, or other public purposes, the governing body affected shall act to accept or reject the offer of dedication and the deed for the fee to such lands.

(Ord. No. 574, 6-7-2021)

All subdivisions submitted for approval, as well as all plats, preliminary and final, shall be prepared in conformance with the provisions of this ordinance and in conformance with the Watford City Comprehensive Plan. The subdivider shall be responsible for such conformance. All plats: subdivision preliminary, final, and amended as well as minor plats, simple lot splits, boundary line adjustments, and maps of reversion shall be prepared in conformance with the provisions of this ordinance and in conformance with the Watford City Comprehensive Plan.

Overview of Approval Process:

Proposed subdivision developments must be approved by the City in accordance with the following procedures which include three principal steps:

1.

Concept plan and pre-submittal meeting with the City.

2.

Preliminary plat and plans approval.

3.

Final plat and plans approval.

Concept Plan and Pre-submittal Meeting:

1.

Before preparing the preliminary plat of a subdivision, the subdivider shall attend a pre-submittal meeting with the City Planning, Engineering, and Public Works Departments concerning the relation of the property to existing conditions, future plans, community facilities, utilities and services. A preliminary concept plan shall be provided at the pre-submittal meeting and shall include:

a.

Proposed name of subdivision, which name shall not duplicate or too closely approximate the name of any plat or existing subdivision heretofore recorded in the County except when such plat is an addition to an existing plat of record. The name of the rearrangement of an existing plat may be shortened from a complete legal description of the rearrangement by stating "(said rearrangement) hereafter to be known as."

b.

Full legal description of the land involved in said plat.

c.

Name, phone number, and addresses of the owner and subdivider of the land.

d.

North Arrow.

e.

Total acreage and square feet of project area.

f.

If residential, state type, number of dwelling units, and approximate net density along with desired zoning districts.

g.

General layout of streets and access points to adjacent street systems.

h.

Vicinity map, to scale, showing locations of the concept plan and other property for at least six hundred sixty (660) feet in every direction.

i.

Identify wetlands on the property along with water courses, lakes, limits of floodplains and floodways and other significant physical features.

j.

A subdivision master plan shall be provided for review for any adjacent property for which the subdivider owns and it is reasonable to believe the property will be developed in future phases. The applicant shall be required to submit a masterplan for the entire area of ownership along with a phasing schedule.

2.

The City departments will review the presented concept plan, as well as a subdivision master plan if required, and provide feedback to the subdivider following the pre-submittal meeting.

Preliminary Plat Requirements:

Specifications for Preliminary Plats:

1.

The following data regarding identification and description of the preliminary plat shall be provided:

a.

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

i.

Location by section, township and range, or by other legal description.

ii.

Name and address of the engineer, and/or developers or designer of the plat and the surveyor and his registration number.

iii.

Graphic scale, not less than one (1) inch to one hundred (100) feet, or other scale as approved by the City Planner.

iv.

North point.

v.

Date of preparation.

vi.

Font size shall be a minimum of 0.1 inches in height. Font type shall be Arial, Calibri, Helvetica, or Verdana.

2.

The following data regarding existing conditions shall be provided for preliminary plats:

a.

Boundary line survey, including measured distances and angles which shall close by latitude and departure with an error of closure not exceeding one (1) foot in ten thousand (10,000) feet.

b.

Total acreage in said preliminary plat computed to one one-hundredth (1/100) of an acre.

c.

Total square footage of each lot.

d.

Location and names of existing or platted streets or other public ways, parks and other public open spaces, buildings and structures, easements and section and corporate lines within the tract and to a distance of one hundred (100) feet beyond the tract at the time of submission of the plat.

e.

If the proposed subdivision is a rearrangement or a replat of any former plat, the lot and block arrangement of the plat of record along with its original name shall be indicated by dotted or dashed lines. Also, any revision or vacated roadway of the original plat of record shall be so indicated.

f.

Location and size of existing surfaced streets shall be shown, as well as all railroads, sewers, water mains, fire hydrants, gravel pits, culverts, or other underground facilities within and to a distance of one hundred (100) feet beyond the tract.

g.

Boundary lines of adjoining platted or unplatted land within one hundred (100) feet beyond the tract.

3.

The following data regarding proposed development design features of the preliminary plat shall be provided:

a.

Layout of proposed streets, alleys, pedestrian ways, and easements, showing right-of-way widths and proposed names of streets. The name or number of any street similar to or heretofore used in the City of Watford City shall not be permitted unless the proposed street is an extension of an already named street in which event that name or number shall be used. All street names or numbers shall be subject to the requirements of Chapter XV Article XXXI.

b.

Layout, numbers and dimensions of lots, square footage area of each lot, and the number or letter of each block.

c.

Proposed Public Improvements: Highways or other major improvements planned by public authorities for future construction on or near the tract.

d.

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

e.

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

f.

Existing and proposed covenants, if applicable.

4.

Spaces for the following certifications of approval are required to be provided on the preliminary plat:

a.

Notarized certification by owner(s) and any mortgage holder of record of their consent of the plat.

b.

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

c.

Notarized certifications of the following: Chairman of the Planning Commission, City Auditor, Mayor, Utility Providers, McKenzie County Tax Director and McKenzie County Recorder.

5.

Acknowledgment shall be provided that the Developer has reviewed the City's template Development Agreement and Subdivision Improvement, Maintenance, and Warranty Agreement and agree that the documents shall be finalized by the time the Final Plat is reviewed by the City Council.

Preliminary Plat Approval:

The subdivider shall apply in writing for tentative approval of the preliminary subdivision plat utilizing the City Division of Land application form.

1.

The preliminary plat shall be submitted to the City Planning Department in both .PDF format and eleven (11) inches by seventeen (17) inches size paper. Preliminary Plats must be submitted on or before the deadline date as set by the City Planning Department. Fees charged for the filing of the preliminary subdivision plat shall be paid in full, on the basis of the estimated number of lots created, at the time of application for tentative approval. As determined by the City, a third-party review may be required. It will be the responsibility of the subdivider to pay any additional fees associated with third party reviews for this project. The fee for the submission of a plat is set by Resolution of City Council. The City Planning Department shall prepare a report, thereon; setting out whether or not said plat meets the requirements of the City Ordinance, and the City of Watford City Comprehensive Plan. The City Planner or Planning Department shall present said report together with recommendations thereon, to the next meeting of the Planning Commission and City Council, filing as herein set out.

2.

The preliminary plat is required to be submitted together with a copy of a title insurance policy or an attorney's opinion of title, provided by the subdivider, running to the benefit of the governing body affected by the plat, stating the name of the owner of record.

3.

After receipt of the application for preliminary plat approval, the Planning Department shall give notice of a public hearing on such proposed subdivision by advertising the time and place of such hearing in a newspaper of general circulation in the City of Watford City or in the county concerned. The subdivider will furnish the name and address of the owner of the land, or his agent, at the time of application, and the Planning Department shall send to said address by registered mail a notice of the time and place of such public hearing not less than five (5) days before the date fixed for the hearing. The public hearing may be held at a regular meeting or special meeting of the Planning Commission.

4.

Within sixty (60) days after the submission of a plat, the Planning Commission shall make recommendation to approve or disapprove it. If the plat is not recommended for approval or disapproval within such time, it shall be deemed to have been approved, and it shall be sent to the City Council for final action with that recommendation. The applicant, however, may waive the requirement that the commission shall act within the sixty (60) days and consent to an extension of such period. The grounds upon which any plat is disapproved shall be stated upon the records of the commission.

5.

The Planning Commission shall embrace a motion, which shall include all conditions it required for approval, or conditions upon which approval will be granted, and shall set forth the reasons for the approval given. If the Planning Commission recommends disapproval of the preliminary plat, such action, together with the reasons, therefore, will be entered in the official records of the Planning Commission and a copy of such record will be sent to the subdivider. A copy of the motion shall be sent forthwith to the subdivider and a copy thereof to the City Council together with the plat if it is approved, conditionally or otherwise.

6.

Final approval of the preliminary plat by the City Council shall be effective for a maximum period of twelve (12) months.

7.

The City Council shall review the preliminary plat and the recommendations of the Planning Commission at their next regular meeting following the action of the Planning Commission and shall take action on such plat and recommendations within sixty (60) days from such meeting. Failing to do so, it shall be considered an approval of the plat and a certificate to that effect shall be issued by the City Council on demand. Procedures for approval, approval with conditions or denial shall be as prescribed by the Planning Commission. Nothing in the forgoing shall prohibit the City Council from taking action on the recommendations of the Planning Commission at an intervening special meeting.

Final Plat Requirements:

Specifications for Final Plats:

1.

The final plat shall contain the following:

a.

The final plat prepared for recording purposes shall be prepared in accordance with provisions of North Dakota State Statutes and applicable City and County regulations.

b.

Name of subdivision: Names shall not duplicate or too closely approximate the name of any existing subdivision in McKenzie County except when such plat is an addition to an existing plat of record. The name of a rearrangement of an existing plat may be shortened from a complete legal description of the rearrangement by stating "(said rearrangement) hereafter to be known as _______."

c.

Location and description and North Dakota State Plane Coordinates of cardinal points to which all dimensions, angles, bearings, and similar data on the plat shall be referenced; each of two (2) corners of the subdivision traverse shall be tied by course and distance to separate section corners, quarter-section corners, or to existing recorded physical monuments.

d.

Location by section, township, range, county and state, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close. The allowable error of closure on any portion of a final plat shall be one (1) foot in ten thousand (10,000) feet. The location of monuments shall be noted or shown on the final plat. Location of such monuments shall be shown in reference to existing official monuments or to the nearest established street lines, including true angles and distances to such reference point or monuments. Permanent monuments shall be placed at each corner of each lot or portion of a lot, points of curvature, points of street intersection, and points of tangents on street lines, at each angle point on the boundary of the subdivision, at each intersection of a lot line with the centerline of an easement for a public utility or an easement for public use, and at each angle point or point of curvature for an easement for a public utility or an easement for public use. A permanent monument shall be deemed to be a steel rod, one-half (½) inch in diameter extending at least two (2) feet below the finished grade. In situations where conditions prohibit the placing of monuments in the location prescribed above, offset markers are permitted. Permanent monuments placed within the paved portion of a street shall be a brass or aluminum cap monument set on top of a thirty (30) inch long by five-eighths (⅝) inch diameter steel rebar contained in a cast iron monument case.

e.

Locations of lots, streets, public highways, alleys, parks, and other features with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to produce the plat on the ground. Dimensions shall be shown from all angle points and points of curve to lot lines.

f.

Boundary lines and description of boundary lines on any areas other than streets and alleys, such as easements, which are to be dedicated or reserved for public use.

g.

Lots shall be numbered clearly, and the square footage of each lot shall be shown. Block numbers shall be shown clearly in the center of the block and all streets shall be named.

h.

Name and address of the engineer, and/or developers or designer of the plat and the surveyor and his registration number.

i.

The scale of the plat shall be not less than one (1) inch to one hundred (100) feet or other scale as approved by the City Planner to be shown graphically, north point, and date of preparation.

j.

Statement dedicating all easements as follows: Easements for installation and maintenance of utilities and drainage facilities are reserved over, under and along the strips marked "utility easements."

k.

Statement dedicating all streets, alleys and other public areas not previously dedicated as follows: Streets, alleys and other public areas shown on this plat and not heretofore dedicated to public use are hereby also dedicated.

2.

Spaces for the following certifications of approval are required to be provided on the final plat:

a.

Notarized certification by owner and any mortgage holder of record of their consent of the plat.

b.

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

c.

Notarized certifications of the following: Chairman of the Planning Commission, City Auditor, Mayor, Utility Providers, McKenzie County Tax Director and McKenzie County Recorder.

3.

If the final plat has been approved by City Council, the final plat shall be submitted as (1) Mylar in sheet size of twenty-four (24) by thirty-six (36) inches.

a.

Font size shall be a minimum of 0.1 inches in height.

b.

Font type shall be Arial, Calibri, Helvetica, or Verdana.

Final Plat Approval:

After the preliminary plat has been approved by the City Council, and the subdivider determines to proceed to secure final approval of all or a part thereof as a final plat, the final plat shall be submitted to the Planning Commission with a letter requesting such approval and describing the proposed development schedule for the subdivision.

1.

The final plat shall be submitted to the Planning Department in both .PDF format and eleven (11) inches by seventeen (17) inches size paper for review. The final plat must be received by or on the submittal deadline date as set by the Planning Department. The application shall be accompanied by such other documents and materials as may be required by these regulations or by the City Planner. The Planning Department shall prepare a report thereon setting out whether or not said final plat is in substantial agreement with the preliminary plat and if not, in what particulars it varies therefrom; whether or not it conforms to the requirements of State law and the City Ordinance, and that the final plat meets all the conditions as attached to the approval of the preliminary plat. The City staff report shall state whether the final plat and improvements conform to the engineering standards and requirements as set forth. At this time an adjusted filing fee shall be determined as set by Resolution of City Council and any additional fee shall be paid.

2.

The final plat is required to be submitted together with a copy of a title insurance policy or an attorney's opinion of title, running to the benefit of the governing body affected by the plat, stating the name of the owner of record.

3.

The Planning Commission shall embrace a motion, which shall include all conditions it required for approval, or conditions upon which approval will be granted, and shall set forth the reasons for the approval given. If the Planning Commission recommends disapproval of the final plat, such action, together with the reasons, therefore, will be entered in the official records of the Planning Commission and a copy of such record will be sent to the subdivider and the City Council. A copy of the motion shall be sent forthwith to the subdivider and a copy thereof to the City Council together with the plat if it is approved, conditionally or otherwise.

4.

Per NDCC 40-48-21, the Planning Commission will act upon all requests for final approval of a subdivision within thirty (30) days after application for such approval is made. Failure by the Planning Commission to act within such period shall be deemed as approval of the subdivision and the Planning Department shall issue forward the approval to the City Council for final action upon demand by the subdivider. However, the subdivider may waive this requirement and agree to an extension of this period.

5.

Upon final approval of a subdivision involving the creation of new streets, the widening of existing streets or alleys, or the creation or enlargement of other lands devoted to public use, the Planning Commission shall thereby and without further public hearing have recommended approval of such change in streets, alleys, or public lands as an amendment to the Comprehensive Plan to the City Council. The Planning Commission will transmit notice of such action to the City Council of the City of Watford City together with appropriate recommendations concerning the acceptance of dedicated streets and alleys, and of the acceptance of other dedicated lands. In the case of streets, alleys and public lands lying outside the City of Watford City, notice of the action of the Planning Commission and appropriate recommendations will be transmitted to the board of County Commissioners of McKenzie County, the Township Board, and other bodies having jurisdiction.

6.

Final action by motion on the final plat shall be communicated forthwith to the subdivider by the City Planning Department for the Planning Commission, and a copy of the motion shall be sent to the City Council, together with the plat, and such other data as the Council shall determine.

7.

The Developer shall have the Development Agreement and the Subdivision Improvement, Maintenance, and Warranty Agreement finalized with the City prior to the Planning Commission accepting or denying the Final Plat.

Submittal to the City Council for Final Plat Approval:

[1.]

Upon the recommendation of approval or disapproval by the Planning Commission, the final plat shall come before the City Council for review.

[2.]

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

[3.]

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

a.

disapprove the same;

b.

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

c.

refer the same to the Planning Commission which shall act thereon at the next meeting and report back to the City Council no later than sixty (60) days after the said action of the City Council.

[4.]

If the City Council shall determine to accept the plat, it shall provide for the dedication of all streets, alleys, easements or other public ways, parks, and other spaces for public purposes. All streets, alleys, easements or other public ways, parks, and other spaces dedicated to public purposes shall not be construed as accepted, but the offer is to remain open indefinitely.

[5.]

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

[6.]

A final plat that is approved by the City Council shall be filed by the City Planning Department for record with the McKenzie County Recorder.

[7.]

The approval of a subdivision plat shall expire twelve (12) months from the date of approval. During those twelve (12) months after approval, the final plat shall be recorded at the McKenzie County Recorder's Office. An extension of a final plat may be granted once for a total period of not more than twelve (12) additional months. A request for extension must be made in writing not more than thirty (30) days after the expiration of the original approval. An extension of approval may be only granted if the final plat requires no modification, including owners and lienholders' signature (to be proven by an up-to-date title option or title insurance policy), and remains consistent with the purpose and intent of the originally approved final plat. If the approval of a final plat expires and an extension to the approval is not, or cannot be granted, a new application for the final plat must be filed and approved.

[8.]

No building permit shall be issued for the erection of any building or structure on any land conveyed in violation of the provisions of this chapter. No construction shall proceed until:

[a.]

Final plat approval.

[b.]

Approval of final grading plan.

[c.]

The City has received signed development agreements with required financial surety in place.

[9.]

The Developer shall have signed the Development Agreement and the Subdivision Improvement, Maintenance, and Warranty Agreement prior to the City Council accepting or denying the Final Plat. The City Council shall act on the Development Agreement and Subdivision Improvement, Maintenance, and Warranty Agreement at the time of acting on the Final Plat.

(Ord. No. 574, 6-7-2021)

Subdivision plans shall be submitted simultaneously with the preliminary and final plat applications to the applicable City Departments for review and approval.

Preliminary Public Improvements Plans:

Specifications for Preliminary Public Improvements Plans:

The Preliminary Plans shall be in conformance with the City of Watford City Engineering Design Standards for Subdivisions and Public Improvements (Engineering Design Standards) and shall include all information from the concept plan as well as the following information:

1.

Preliminary plans shall be submitted and designed by a Registered Professional Engineer licensed in the State of North Dakota.

2.

Grading Plan shall consist of the following:

a.

Existing and proposed contours at vertical intervals not more than two feet. Water courses, lakes, wetlands, limits of floodplains and floodways, and other significant physical features shall be delineated. USGS Datum, including date of datum used, shall be used for all topographic mapping.

b.

Locations and size of storm sewers, drainage ditches, and culverts within the plat and to one hundred (100) feet beyond the plat.

3.

Street Plans shall consist of the following:

a.

Layout of existing and proposed public streets, showing right-of-way and pavement widths along with proposed name of streets.

b.

Existing and proposed centerline grades of public and private streets.

c.

Locations and widths of trails and sidewalks.

d.

Angle of intersection measured 100 feet from the intersection.

e.

Horizontal and vertical curve information.

f.

Preliminary public road typical section.

4.

Utility Plans that consist of the following:

a.

Locations and widths of existing and proposed utility easements.

b.

Location and size of existing and proposed sanitary sewers, water mains, storm sewers, culverts, manholes, lift stations, hydrants, valves, and any other underground facilities within the plat and to a distance of one hundred (100) feet beyond shall be shown.

5.

A preliminary storm water management plan is required if the development creates more than twenty thousand (20,000) square feet of impervious area.

6.

Additional information as requested by the City.

Preliminary Public Improvements Plan Approval:

The preliminary plans shall be reviewed by the applicable City Departments and the Departments will provide feedback to the subdivider following the submission of the preliminary plans.

Final Public Improvements Plans:

Specifications for Final Public Improvements Plans:

The Final Plans shall be submitted to the applicable City Departments. The Final Plans shall be in conformance with the Engineering Design Standards and shall include all information from the concept plan, preliminary plans, as well as the following information:

1.

The final subdivision plan shall be signed and sealed by a Registered Professional Engineer licensed in the State of North Dakota.

2.

A final phasing and schedule associated with the subdivision of land and public improvements.

3.

The Final Grading Plan shall consist of the following:

a.

Existing and proposed contours at vertical intervals not more than two feet. Water courses, lakes, wetlands, limits of floodplains and floodways, and other significant physical features shall be delineated. USGS Datum, including date of datum used, shall be used for all topographic mapping.

b.

Locations and invert elevations of storm sewers, drainage ditches, and culverts within the plat and to one hundred (100) feet beyond the plat.

c.

Revised in accordance with preliminary plat and plan comments from the City staff.

4.

The Final Street Plans shall consist of the following:

a.

Layout of existing and proposed public streets, showing right-of-way and pavement widths along with proposed name of streets.

b.

Existing and proposed centerline grades of public and private streets.

c.

Locations and widths of trails and sidewalks.

d.

Length of street identified by centerline stationing.

e.

Angle of intersection measured one hundred (100) feet from the intersection.

f.

Horizontal and vertical curve information.

g.

A final geotechnical report for pavement design for public infrastructure improvements.

h.

Final public road typical section.

i.

Final traffic impact analysis as described in Engineering Design Standards.

j.

Revised in accordance with preliminary plat and plan comments from the City staff.

5.

Utility Plans that consist of the following:

a.

Locations and widths of existing and proposed utility easements.

b.

Location, width, size, type, and invert elevations of existing and proposed sanitary sewers, water mains, storm sewers, culverts, manholes, lift stations, hydrants, valves, and any other underground facilities within the plat and to a distance of one hundred (100) feet beyond shall be shown.

6.

A final storm water management report is required if the development creates more than twenty thousand (20,000) square feet of impervious area and shall be signed and sealed by a Registered Professional Engineer licensed in the State of North Dakota.

7.

Submittal of the erosion control review and checklist and floodplain development permit application (as needed).

8.

Submittal of any additional permits and approvals as required by State, Federal, and County agencies.

9.

Final Construction Plans and Specifications, signed and sealed by a Registered Professional Engineer licensed in the State of North Dakota, that consist of the following:

a.

Title page.

i.

Needs certification language for Design Engineer and signature block for the City Engineer's approval.

b.

List of standard drawings.

c.

Plan notes.

d.

Construction details.

e.

Typical sections.

f.

Quantities and basis of estimate.

g.

Road centerline, storm sewer, sanitary sewer and water main plan and profiles.

h.

Grading Plans.

i.

Striping and signing plans.

j.

Lighting plans.

k.

Cross sections.

l.

Temporary traffic control.

m.

Trail construction plans.

n.

Erosion control plans.

o.

Specifications to include the City of Watford City Standard Specifications, and the City of Watford City Standard Drawings, the North Dakota Department of Transportation (NDDOT) Standard Specifications for Road and Bridge Construction, and the NDDOT Field Sampling and Testing Manual.

10.

Additional information as requested by the City.

Final Public Improvements Plan Approval:

The final plans shall be reviewed by the applicable City Departments and the departments will provide feedback to the subdivider following the submission of the final plans. The City will provide an approval letter for the final plans following final plans approval.

1.

The approval of the final documents shall expire twelve (12) months from the date of approval unless construction of the improvement works is diligently pursued.

2.

An extension of approval of the final plans may be granted once for a total period of not more than an additional twelve (12) months. A request for extension must be made in writing not more than thirty (30) days after the expiration of the original approval. An extension of approval may only be granted if the documents require no modification and remains consistent with the purpose and intent of the originally approved documents.

3.

If the approval of the documents expires and an extension to the approval is not, or cannot be granted, new documents for the improvement works must be filed and approved prior to the approval to construct.

Approved final plans prepared by a Registered Professional Engineer licensed in the State of North Dakota are required before construction begins on the public infrastructure improvements.

(Ord. No. 574, 6-7-2021)

Procedure for approval of plats of land outside of the corporate limits of Watford City shall be the same as set forth in Section 5 of this Ordinance.

(Ord. No. 574, 6-7-2021)

Conditions: A subdivider or owner may make application to the Planning Department to vacate, or portion thereof, any plat of record under the following conditions:

1.

The plat to be vacated is a legal plat of record.

2.

Vacation of the subdivision will not interfere with development of, nor deny access via public thoroughfare to, adjoining properties or utility services or other improvements.

3.

Vacation of the subdivision will not be contrary to the Watford City Comprehensive Plan.

Procedure: Shall comply with vacation proceedings as outlined in Chapter 40-50.1 of the North Dakota Century Code. The landowner, owners, or owner representative shall present a proposal to the Planning Commission, containing the legal description and plat of the subdivision and calling for vacation thereof. The Planning Commission shall study the proposal and shall send recommendations to the City Council. The City Council shall approve or deny the proposal. If the proposal is approved, it shall then be recorded in the office of the County Recorder. All fees for the recording of such vacation shall be paid by the subdivider.

(Ord. No. 574, 6-7-2021)

The City Council or the Planning Commission may request such professional assistance as deemed necessary to properly evaluate the plats and plans submitted, expenses shall be paid by the owner or subdivider.

(Ord. No. 574, 6-7-2021)

A.

GENERAL: Residential subdivisions, other than Minor Plats, shall be required to provide open space. Developed open space shall be designed to provide active recreational facilities to serve the residents of the development. Undeveloped open space shall be designed to preserve important site amenities and environmentally sensitive areas as well as to provide passive recreational opportunities. Each area set aside shall be of suitable size, dimension, topography, and general character and shall have adequate road access for the particular purposes envisioned by the developer and Planning Commission. The area shall be shown and marked on any tentative and final map.

B.

MINIMUM REQUIREMENTS:

a.

AMOUNT OF OPEN SPACE REQUIRED. Open space shall be required in the amount of two and one-half (2½) acres per one thousand (1,000) residents expected to reside in the subdivision. Number of residents shall be calculated using the persons per type of dwelling unit determined by the 1990 U.S. Census as follows:

i.

Persons Per Single Family Detached Unit 2.63.

ii.

Persons Per Single Family Attached Unit 2.31.

iii.

Persons Per Mobile Home Unit 2.47.

iv.

Persons Per Multi-Family Unit 1.91.

b.

ALTERNATE CALCULATION: Where types of dwelling units to be constructed are not specifically determined, persons per single family detached unit shall be used in calculating number of residents.

c.

LOCATION OF OPEN SPACE PARCELS: Open space parcels shall be convenient to the dwelling units they are intended to serve. However, because of noise generated by certain recreational activities, they shall be sited with sensitivity to surrounding development.

C.

IMPROVEMENT OF OPEN SPACE PARCELS:

a.

DEVELOPED OPEN SPACE: The Planning Commission may require the installation of recreational facilities, taking into consideration:

i.

The character of the open space land;

ii.

The estimated age and the recreation needs of persons likely to reside in the development;

iii.

Proximity, nature, and excess capacity of existing municipal recreation facilities; and the cost of the recreational facilities.

b.

PAYMENT IN LIEU OF OPEN SPACE: In lieu of providing open space within its development, the developer may request that the City Council allow the developer to make payment to the City of Watford City, in an amount equal to any required reservation, for development or acquisition of open space at some other mutually agreed upon area. Such funds shall be used by the City of Watford City for the agreed upon purpose only.

c.

UNDEVELOPED OPEN SPACE: As a general principle, undeveloped open space should be left in its natural state. A developer may make certain improvements such as the cutting of trails for walking or jogging, equestrian use or the provision of picnic areas, etc. In addition, the Planning Commission may require a developer to make other improvements, such as removing dead or diseased trees, thinning trees or other vegetation to encourage more desirable growth, and grading and seeding.

D.

EXCEPTIONS TO THE STANDARDS: The Planning Commission may permit minor deviations from open space standards when it can be determined that: a) the objectives underlying these standards can be met without strict adherence to them; and/or b) because of peculiarities in the tract of land or the facilities proposed, it would be unreasonable to require strict adherence to these standards.

E.

DEED RESTRICTIONS: Any lands reserved for open space purposes shall contain appropriate covenants and deed restrictions approved by the City of Watford City Attorney ensuring that:

a.

The open space area will not be further subdivided in the future;

b.

The use of the open space will continue in perpetuity for the purpose specified;

c.

Appropriate provisions will be made for the maintenance of the open space; and Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee.

F.

OPEN SPACE OWNERSHIP: The type of ownership of land dedicated for open space purposes shall be selected by the owner, developer, or subdivider, subject to the approval of the Planning Commission. Type of ownership may include, but is not necessarily limited to, the following:

a.

The City of Watford City;

b.

McKenzie County;

c.

Quasi-public organizations, subject to their acceptance;

d.

Property-owner, condominium, or cooperative associations or organizations; or

e.

Shared, undivided interest by all property owners in the subdivision.

G.

PROPERTY-OWNERS ASSOCIATION: If the open space is owned and maintained by a property-owner association or condominium association, the developer shall file a declaration of covenants, codes, and restrictions or other suitable document that will govern the association, to be submitted with the application for the final map approval. The provisions shall include, but are not necessarily limited to, the following:

a.

The property-owners association shall be established before any lots are sold;

b.

Membership shall be mandatory for each property owner;

c.

The open space restrictions shall be permanent, not just for a period of years;

d.

The association shall be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities;

e.

Property owners shall pay their pro rata share of the cost, and the assessment levied by the association can become a lien on the property if allowed in the master deed establishing the property-owners association.

H.

MAINTENANCE OF OPEN SPACE AREAS: The person or entity identified as having the right of ownership or control over the open space shall be responsible for its continuing upkeep and proper maintenance.

(Ord. No. 574, 6-7-2021)

A.

GENERAL: Residential subdivisions, other than Minor Plats, shall be required to provide acreage for the development of school sites, hospitals or other community related development or cash in lieu of dedicated acreage at the request of the City.

B.

MINIMUM REQUIREMENTS:

a.

AMOUNT OF DEDICATION REQUIRED. Dedication shall be required in the amount one (1) acre per forty (40) acres of residential development. Number of acres shall be calculated using the gross acreage of the development site.

b.

PAYMENT IN LIEU OF DEDICATION: In lieu of dedicating acreage within its development, developer may request that the City Council allow the developer to make payment to the City of Watford City, in an amount equal to the appraised value of the calculated acreage. Such funds shall be used by the City of Watford City for the agreed upon purpose only.

(Ord. No. 574, 6-7-2021)

A minor plat for the purpose of a simple lot split, boundary line adjustment, or map of reversion shall be allowed when street improvements, water or sewer line improvements or other public improvements are not required. A Simple Lot Split shall create no more than four (4) lots. A Boundary Line Adjustment shall not create any lot. A Map of Reversion shall revert subdivided property back to acreage.

Specifications for Minor Plats:

The following data regarding identification and description of the minor plat shall be provided:

1.

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

2.

Location by section, township and range, or by other legal description.

3.

Name and address of the engineer, and/or developers or designer of the plat and the surveyor and his registration number.

4.

Graphic scale, not less than one (1) inch to one hundred (100) feet, or other scale as approved by the City Planner.

5.

North point.

6.

Date of preparation.

7.

Font size shall be a minimum of 0.1 inches in height. Font type shall be Arial, Calibri, Helvetica, or Verdana.

8.

Boundary line survey, including measured distances and angles which shall close by latitude and departure with an error of closure not exceeding one (1) foot in ten thousand (10,000) feet.

9.

Total acreage in said plat computed to one one-hundredth (1/100) of an acre.

10.

Total square footage of each lot.

11.

Location and names of existing platted streets or other public ways, parks and other public open spaces, buildings and structures, easements and section and corporate lines within the tract and to a distance of one hundred (100) feet beyond the tract at the time of submission of the plat.

12.

If the proposed minor plat is a rearrangement or replat of any former plat, the lot and block arrangement of the plat of record along with its original name shall be indicated by dotted or dashed lines. Also, any revision or vacated roadway of the original plat of record shall be so indicated.

13.

Location and size of existing surfaced streets shall be shown, as well as all railroads, sewers, water mains, fire hydrants, gravel pits, culverts, or other underground facilities within and to a distance of one hundred (100) feet beyond the tract.

14.

Boundary lines of adjoining platted or unplatted land within one hundred (100) feet beyond the tract.

15.

Spaces for the following certifications of approval are required to be provided on the minor plat:

a.

Notarized certification by owner and any mortgage holder of record of their consent of the plat.

b.

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

c.

Notarized certifications of the following: Chairman of the Planning Commission, City Auditor, Mayor, McKenzie County Tax Director and McKenzie County Recorder.

Approval of Minor Plats:

1.

The minor plat and Division of Land Application shall be submitted to the Planning Department in both .PDF format and eleven (11) inches by seventeen (17) inches size paper. Minor Plats and Applications must be submitted on or before the deadline date as set by the Planning Department. Fees charged for the filing of the minor plat shall be paid in full. As determined by the City, a third-party review may be required. It will be the responsibility of the subdivider to pay any additional fees associated with third party reviews for this project. The fee for the submission of a minor plat is set by Resolution of City Council. The City Planning Department shall prepare a report, thereon; setting out whether or not said plat meets the requirements of the City Ordinance, and the City of Watford City Comprehensive Plan. The City Planner or Planning Department shall present said report together with recommendations thereon, to the next meeting of the Planning Commission and City Council, filing as herein set out.

2.

The minor plat is required to be submitted together with a copy of a title insurance policy or an attorney's opinion of title, running to the benefit of the governing body affected by the plat, stating the name of the owner of record.

3.

After receipt of the application for minor plat approval, the Planning Department shall give notice of a public hearing on such proposed subdivision by advertising the time and place of such hearing in a newspaper of general circulation in the City of Watford City or in the county concerned. The subdivider will furnish the name and address of the owner of the land, or his agent, at the time of application, and the Planning Department shall send to said address by registered mail a notice of the time and place of such public hearing not less than five (5) days before the date fixed for the hearing. The public hearing may be held at a regular meeting or special meeting of the Planning Commission.

4.

Within thirty (30) days after the submission of a plat, the Planning Commission shall make recommendation to approve or disapprove it to the City Council. If the plat is not recommended for approval or disapproval within such time, it shall be deemed to have been approved, and a forward the approval to the City Council for final action on demand of the subdivider. The applicant, however, may waive the requirement that the commission shall act within the thirty (30) days and consent to an extension of such period. The grounds upon which any plat is disapproved shall be stated upon the records of the commission.

5.

The Planning Commission shall embrace a motion, which shall include all conditions it required for approval, or conditions upon which approval will be granted, and shall set forth the reasons for the approval given. If the Planning Commission recommends disapproval of the minor plat, such action, together with the reasons, therefore, will be entered in the official records of the Planning Commission and a copy of such record will be sent to the subdivider. A copy of the motion shall be sent forthwith to the subdivider and a copy thereof to the City Council together with the plat if it is approved, conditionally or otherwise.

6.

The approval of a minor plat shall expire twelve (12) months from the date of approval. During those twelve (12) months after approval, the minor plat shall be recorded at the McKenzie County Recorder's Office. An approval period extension of a minor plat may be granted once for a total period of not more than twelve (12) additional months. A request for extension must be made in writing not more than thirty (30) days after the expiration of the original approval. An extension of approval may be only granted if the minor plat requires no modification and remains consistent with the purpose and intent of the originally approved minor plat. If the approval of a minor plat expires and an extension to the approval is not, or cannot be granted, a new application for the minor plat must be filed and approved.

7.

The City Council shall review the minor plat and the recommendations of the Planning Commission at their next regular meeting following the action of the Planning Commission and shall take action on such plat and recommendations within sixty (60) days from such meeting. Procedures for approval, approval with conditions or denial shall be as prescribed by the Planning Commission. Nothing in the forgoing shall prohibit the City Council from acting on the recommendations of the Planning Commission at an intervening special meeting.

8.

Upon approval by the City Council, a Minor Plat of a Simple Lot Split, Boundary Line Adjustment, or Map of Reversion may be recorded. Notwithstanding the foregoing, all lot design standards and zoning requirements are required to be met.

(Ord. No. 574, 6-7-2021)

Lands transferred to governmental entities such as the City of Watford City, McKenzie County, State of North Dakota, United States government, McKenzie County Water Resource District, Western Area Water Supply Authority, and Watford City Park District; public utilities including power companies, telephone companies, cable companies and railroads may be exempt from these regulations provided the transfers are for the purpose of public roadway and/or utility expansion, and provided the parcels do not to exceed four hundred (400) feet in width. Any and all exceptions from these regulations must have approval from the City Planner or designee prior to the transfer of land. Surveys creating the parcel must include a statement signed by the City Planner or designee that includes the following statement: "This parcel is not subject to the subdivision regulations found in Article XXX of Chapter XV of the Code of Ordinances for the City of Watford City." This exception shall be retroactive and include parcels previously created in violation of said subdivision regulations at such time as the City Planner or designee records an affidavit against the offending parcels that states that they are not subject to the subdivision regulations of the City of Watford City.

(Ord. No. 574, 6-7-2021)