|
26
<br />
<br />Article IV. Plat Approval Required
<br />Section 4.01 Subdivision Review and Plat Approval Required
<br />(a) Within all of Cass County outside of any municipal boundary and outside any extraterritorial
<br />boundary for subdivision or zoning control, no subdivision of any lot, tract, or parcel of land shall
<br />be made; no street, road easement, sanitary sewer, water main, or other improvements in
<br />connection therewith shall be laid out, constructed, opened, or dedicated for public use or travel,
<br />or for the common use of occupants of buildings abutting thereon, except in accordance with a
<br />plat as reviewed and finally approved by the Board of County Commissioners. NDCC 11-33.2-12
<br />(1), 11-33.2-11
<br />(b) For the purposes of this ordinance, “subdivision” means the division of a lot, tract, or parcel of
<br />land, creating one or more lots, tracts, or parcels for the purpose, whether immediate or future,
<br />of sale or of building development, and any plat or plan which includes the creation of any part of
<br />one or more streets, public easements, or other rights-of-way, whether public or private, for
<br />access to or from any such lot, tract, or parcel, and the creation of new or enlarged parks,
<br />playgrounds, plazas, or open spaces. NDCC 11.33.2-01
<br />(c) Any exemptions from subdivision review established by this Ordinance or by North
<br />Dakota law may be executed so long as the following requirements are met:
<br />1. All applications that are exempt from subdivision review shall be reviewed and
<br />approved by the following Cass County departments administratively prior to transfer of
<br />title: Planning Office, Auditor, Recorder, Assessor, State’s Attorney and County Highway
<br />Department. These departments will require a commitment of title or an attorney’s
<br />opinion of title and written consent from all property owners and lienholders prior to
<br />approving the use of an exemption.
<br />2. All lots created through the use of an exemption shall comply with the zoning district
<br />requirements of the applicable jurisdiction.
<br />3. All development on lots created through the use of an exemption shall comply with the
<br />development standards of this ordinance.
<br />(d) Any exemptions used under this section shall be executed via a certificate of survey and a
<br />deed of transfer filed with the Recorder’s Office.
<br />(e) Any exemptions that do not meet all of the requirements of this Section shall be
<br />reviewed as subdivisions and subject to all the subdivision review provisions of this
<br />Ordinance.
<br />Section 4.02 Exemptions from Subdivision Review
<br />(a) A division of land pursuant to an allocation of land in the settlement of a decedent’s
<br />estate or a court decree for the distribution of real property. Cass County Subdivision
<br />Ordinance Article II, Section 203, Definition of Subdivision
<br />(b) A division of land for federal, state, or local government to:
<br />1. Acquire right-of-way for public use. Including but not limited to streets, crosswalks, railroad,
<br />electric transmission lines, oil or gas pipelines, water mains, sanitary or storm sewer mains,
<br />shade trees, legal drains, flood diversion structures, and flood diversion channels.
<br />2. Acquire land of flood prone properties for the purposes of a flood buyout.
<br />3. Acquire land for the purpose of public parks.
|