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May 19, 2022
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<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 the authority of
<br />any extraterritorial boundary for subdivision or zoning control, no subdivision of any lot,
<br />tract, or parcel of land shall be made; no street, road easement, sanitary sewer, water
<br />main, or other improvements in connection therewith shall be laid out, constructed,
<br />opened, or dedicated for public use or travel, or for the common use of occupants of
<br />buildings abutting thereon, except in accordance with a plat as reviewed and finally
<br />approved by the Board of County Commissioners.
<br />(b) For the purposes of this ordinance, “subdivision” means the division of a lot, tract, or
<br />parcel of land, creating one or more lots, tracts, or parcels for the purpose, whether
<br />immediate or future, of sale or of building development, and any plat or plan which
<br />includes the creation of any part of one or more streets, public easements, or other
<br />rights-of-way, whether public or private, for access to or from any such lot, tract, or
<br />parcel, and the creation of new or enlarged parks, playgrounds, plazas, or open spaces.
<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 approved by
<br />the following Cass County departments administratively prior to transfer of title: Planning
<br />Office, Auditor, Recorder, Assessor, State’s Attorney and County Highway Department.
<br />These departments will require a commitment of title or an attorney’s opinion of title and
<br />written consent from all property owners and lienholders prior to approving the use of an
<br />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.
<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.
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