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June 16, 2022 <br />23 <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 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) A subdivision which (1) contains not more than four lots, (2) that meets the provisions of <br />the applicable zoning district, and (3) that does not exceed one buildable lot per quarter- <br />quarter section unless it followed the transfer of development rights pursuant to this <br />ordinance may be processed as a minor subdivision. All other subdivisions must be <br />processed as major subdivisions. <br />(d) 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 />(e) 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 />(f) 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.