City of Williston, ND Subdivision Regulations

Provide for the proper arrangement of streets in relation to other existing and planned streets and to the master plan.

Provide for adequate and convenient open spaces for traffic, utilities, access of firefighting apparatus, recreation, light, and air, for the avoidance of congestion of population, and for easements for building setback lines or for public utility lines.

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

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.

Deter piecemeal planning of subdivisions, which creates an undesirable disconnected pattern of development and poor circulation of traffic.

Ensure that design and arrangement of subdivisions are correlated to the Comprehensive Plan and the Street and Highway Plan of the City, aiming at a unified street and neighborhood network and sustainable neighborhoods.

Discourage the subdividing of the 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.

Encourage the replatting of lands deemed to be unsatisfactorily subdivided or underdeveloped.

(i)

Encourage the coordinated platting of adjacent small parcels of land.

SECTION SR-4 Definitions specific to the subdivision ordinance.

[Amended 10-25-2022 by Ord. No. 1132]

Basis of Bearing: Must use current or as adopted North Dakota Plane Coordinate System.

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.

Condominium: An estate in real property consisting of an undivided interest or interests in common in a portion of a parcel of real property together with a separate interest or interests in space in a structure, on such real property

Covenants, Conditions, and Restrictions (CC&R's): A contract made between a developer and the property owners within a subdivision or other development that establishes the manner in which property within that subdivision or development may be developed, with the view to protecting and preserving the physical and economic integrity of that subdivision or development.

Cul-de-sac: A short street having one end open to traffic and being terminated by a vehicular turnaround.

Dead End Street: A street which has only one outlet for vehicular traffic and terminates without a vehicular turnaround.

Development Agreement: An agreement between the developer and the City that specifies the developer's responsibility to install the improvements required by this ordinance.

Easement: A grant by the property owner to the public, a corporation, or persons for the use of land for specific purposes.

(i)

Final Plat: A plat prepared in accordance with the provisions of the North Dakota Century Code and these City of Williston subdivision regulations as laid out herein, as well as requirements of the Williams County recorder's office.

(j)

General Performance Lien: A form of improvement security recorded against all the lots of a subdivision at the time of final plat recordation that is superior to all other liens and which prohibits the sale of individual lots until the required improvements for the subdivision, or a particular phase of the subdivision, have been accepted or escrowed for.

(k)

Improvements: Any manmade, immovable item which becomes part of, placed upon, or is affixed to land. For subdivisions, improvements include street grading, street surfacing and paving, curb and gutters, street lights, street signs, sidewalks (including those associated with the adopted trails plan), crosswalks, water mains and lines, water meters, fire hydrants, sanitary sewers, storm drainage facilities, culverts, bridges, public utilities, or other such installations as designated by the Planning Commission.

(l)

Lot: A platted tract or parcel of land of at least sufficient size to meet minimum zoning requirements for use, area and to provide such yards and other open spaces as required by City ordinances

(m)

Market Value: An estimate of the property worth, in terms of money, in the free and open market.

(n)

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.

(o)

Parcel: An area of land that is not described by a lot-and-block legal description and that is under a single ownership.

(p)

Pedestrian Way: A public or private right of way across a block or within a block to provide access, to be used by pedestrians.

(q)

Percentage of Grade: The rise or fall of a slope in feet and tenths of a foot for each one hundred (100) feet of horizontal distance. The center line of a street shall be used to determine the street rise of grade.

(r)

Perpetual Easement: An easement whose duration shall continue indefinitely but in no case shall the easement exceed ninety-nine years as required by the North Dakota Century Code.

(s)

Plat (noun): 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.

(t)

Plat (verb): To create a plat map.

(u)

Preliminary Plat: A proposed drawing or map of a proposed subdivision meeting requirements enumerated in this ordinance.

(v)

State Plane Coordinate System: Provides coordinates on a flat grid for easy computation while maintaining a difference between geodetic and grid distance of one part in 10,000 or better. See North Dakota Century Code Section 47-20.2 for the North Dakota Coordinate System.

(w)

Street: A dedicated public right of way for vehicular or alternative traffic which affords the principal means of access whether designated as a street, parkway, road, avenue, boulevard, lane, place, or however otherwise designated.

(x)

Street, Arterial: Streets with a limited number of intersections used primarily to move large volumes of traffic between the various districts of the community, as shown on the Comprehensive Plan, or as amended.

(y)

Street, Collectors: Streets that carry traffic from local streets to the major system of arterial streets and highways, including the principal entrance streets of residential districts, as shown on the Comprehensive Plan, or as amended.

(z)

Street, Local: Streets which are used primarily to provide vehicular and pedestrian access to residence, business, or other abutting property, as shown on the Comprehensive Plan, or as amended.

(aa)

Street Right of Way: A strip of land taken, deeded or dedicated for use as a public way. In addition to the road-way, it normally incorporates the curbs, grassed boulevards, utilities, sidewalks, lighting, and drainage facilities.

(bb)

Street Width: The paved area of the right of way between the curb and gutter lines, or the width of the travelled way, generally referred to as a "back of curb to back of curb" measurement.

(cc)

Street, Private: A private roadway affording access by pedestrians and vehicles, which is under individual rather than municipal control and ownership.

(dd)

Street, Frontage or Backage: Streets which are parallel and adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.

(ee)

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

(ff)

Subdivisions: The division of a parcel of land into lots for the purpose, whether immediate or future, of sale or of building development, and any plat or plan which includes the creation of any part of one or more streets, public easements, or other rights of way, whether public or private, for access to or from such lots, and the creation of new or enlarged parks, playgrounds, plazas, or open spaces.

(gg)

Tangent: A straight line departing from a curve which is perpendicular to the radius of that curve.

(hh)

Title Opinion: The written opinion of an attorney, based on the attorney's title search into a property, describing the current ownership rights in the property.

(ii)

NAVD 1988 Refers to North American Vertical Datum. 1988.

(jj)

Vertical Curve: Is the surface curvature on a street center line located between lines of different percentage of grade.

SECTION SR-5 Authority to approve plats and to accept dedications.

[Amended 10-25-2022 by Ord. No. 1132]

Plat approval as required herein and in conformity with statutory authority within the Planning Commission's extra-territorial jurisdiction, shall be by the Planning Commission, with confirmation approval by the City Commission.

In all cases where land is offered for dedication for street or other public purposes within the city limits, the City Commission shall act to accept or reject the offer of dedication or the deed for the fee to such lands.

In all cases where land is proposed to be subdivided or offered for dedication for streets or other public purposes within the city's extra-territorial jurisdiction, the board of the township and/or county in which the subdivision is located shall be notified prior to the Development Review Committee as per Section 11 of this ordinance and shall act to accept or reject the offer of dedication or the deed for the fee to such lands.

SECTION SR-6 Entitlements, intended uses, and hearing and review requirements.

[Amended 10-25-2022 by Ord. No. 1132]

Accessory Farm Lot Split.

Intended Use.

The intent of an accessory farm lot split is to allow agriculturally zoned property of at least 1/4 1/4 of a section or a Government Lot per parcel that have been previously unplatted to create a lot for a dwelling unit, separate farm lot, or other agricultural use.

Requirements.

The created lot may be between 1-10 acres, regardless of required zoning district size.

The created lot must be able to be accessed via a dedicated right of way or a perpetual easement from a dedicated right of way to the created lot.

The original agriculturally zoned lot may only utilize this accessory farm lot split once, which requirement shall be recorded as a deed restriction on the original lot with the plat.

Any application for an accessory farm lot split shall be reviewed for compatibility with the Williston Comprehensive Plan and may be denied based on future compatibility.

Any application for an accessory farm lot split shall be reviewed for and may require easements or right of way dedication for purposes of future connectivity.

Hearing and Review Requirements:

Review by the Development Review Committee is required as noted in Section SR-9.

A public hearing is required at the Planning and Zoning Commission as noted in Section SR-12(a).

A review is required at the City Commission as noted in Section SR-12(d).

Accessory farm lot splits with easement or rights of way dedications require a public hearing in front of the Planning Commission as noted in Section SR-12(a) and a review and acceptance of easements or dedications by the City Commission as noted in Section SR-12(d).

Administrative Review Plat.

Intended Use.

The intent of the administrative review plat is to allow a simplified process to allow already platted lots to add, remove or move lot lines; allowing residentially zoned properties to create no more than one additional lot, or on commercially or industrially zoned properties, to create no more than two additional lots on already platted land. The administrative review plat is not intended to be a substitute for platting individual lots at time of initial subdivision.

Requirements.

Administrative Review plats may be used by residentially zoned properties only to move lot lines on already platted lots and to create no more than one additional lot. All required setbacks and development standards must be maintained.

Administrative Review Plats may be used by commercially or industrially zoned properties to change or alter lot lines on already platted lots or to create no more than two additional lots on already platted land. All required setbacks and development standards must be maintained.

Administrative Review Plats may be used by residentially, commercially, or industrially zoned properties to remove lot lines between existing lots. Only one lot line may be removed on residential property via Administrative Review Plat.

Administrative Review Plats may not alter the character of the neighborhood.

In no case may easements or rights of way be dedicated through the administrative review plat process.

If a plat does not meet these requirements, or if there is dispute among the review committee, the City Planner shall reserve the right to require the proposed plat to go through either the Short Plat or Major Subdivision Plat Process, as necessary.

Hearing and Review Requirements.

None; this plat requires only administrative review by the City Planner, all relevant County and City departments, utility companies, and the Development Review Committee.

Short Plat.

Intended Use.

The intent of a short plat is to allow a simplified process to plat residentially, commercially, or industrially zoned properties.

Requirements.

The short plat may be used by residentially, commercially, or industrially zoned properties to create, split, merge, or remove lots, with the following restrictions:

Such a plat may not significantly change the character of the neighborhood, require future land use amendments, or require a Planned Unit Development. Such plats may not conflict with any major approved plans of the City, including the Comprehensive Plan, Future Land Use Plan, Future Streets Network Plan, and Future Sewer and Water Connections Plan.

Such a plat may not require major construction of new public utilities, including streets, water mains, and sewer mains. This does not include water and sewer service line connections to newly created individual lots.

All required setbacks and development standards must be maintained.

Easements and/or rights of way may be required to be dedicated through the short plat process. In such cases, a development agreement, Homeowners Association, and Codes, Covenants, and Restrictions may be required.

Hearing and Review Requirements.

Review by the Development Review Committee is required as noted in Section SR-11.

Short plats require a public hearing in front of the Planning Commission as noted in Section SR-12(a) and a review of the plat and acceptance of easements or dedications by the City Commission as noted in Section SR-12(d).

Major Subdivision Plat.

Intended Use.

The intent of a major subdivision plat is to allow for the subdivision of unplatted property or rearranging already platted lots, which may require:

A significant change to the character of the neighborhood, future land use amendments, or a Planned Unit Development.

An amendment to any major approved plans of the City, including the Comprehensive Plan, Future Land Use Plan, Future Streets Network Plan, and Future Sewer and Water Connections Plan.

Major construction of new public utilities, including streets, main water lines and main sewer lines. This does not include minor water and sewer connections to newly created individual lots.

Requirements.

When moving lot lines or creating new lots, all required setbacks and development standards must be maintained.

Easements and/or rights of way may be dedicated, and improvements may be required through the major subdivision plat process. In such cases, a development agreement, Homeowners Association, and Codes, Covenants, and Restrictions may be required.

Hearing and Review Requirements.

Major Subdivisions are required to complete both the preliminary plat and final plat process, and submittals must include all items as outlined in Section SR-7.

Preliminary Plat Process.

Review by the Development Review Committee is required as noted in Section SR-11.

A public hearing is required at the Planning and Zoning Commission as noted in Section SR-12(a).

A review is required at the City Commission as noted in Section SR-12(d).

Final Plat Process.

Requirements.

[1]

Upon approval of the preliminary plat by the City Commission, the applicant shall submit a final plat to the Planning Department. The final plat shall incorporate all direction from the Planning Commission and the City Commission as stated in their motions and be substantially similar to the preliminary plat. All additional required items as noted in Section SR-8 must be included with the final plat submission.

[2]

A Major Subdivision final plat should be substantially similar to the preliminary plat. In cases where it is not substantially similar to the preliminary plat, the plat must be reviewed by the Development Review Committee as noted in Section SR-11 prior to final plat review by the Planning Commission. The Development Review Committee may determine that the changes are substantial enough to require that the plat return to the application phase.

[3]

Final plats shall be submitted 21 days before a particular Planning Commission meeting. The City Planner may waive this deadline at their discretion, particularly for subdivisions which have not changed between preliminary and final plat stages.

A review is required at the Planning and Zoning Commission as noted in Section SR-12(b).

A review is required at the City Commission as noted in Section SR-12(d).

Vacation.

Vacation of Subdivision Plat.

Intended Use:

The Vacation of subdivision plat is intended to remove existing platted lot lines, dedications, and easements on a plat of record, creating a single parcel.

Requirements:

The following findings are required for approval:

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

Vacation of the subdivision will not interfere with development of, or deny access via public thoroughfare to, adjoining properties or utility services or other improvements.

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

[d]

Must follow process as laid out in NDCC 40-50.1-16

Hearing and Review Requirements.

Review by the Development Review Committee is required as noted in Section SR-11.

A review is required at the Planning and Zoning Commission as noted in Section SR-12(b).

A public hearing is required at the City Commission as required by North Dakota Century Code.

Vacation of Right of Way Plat.

Intended Use:

A Vacation of right of way plat is intended for vacating right of way or other land for public use.

Requirements.

Vacation of the right of way will not interfere with development of, or deny access via public thoroughfare to, adjoining properties or utility services or other improvements.

Vacation of the right of way will not be contrary to the Williston Comprehensive Plan.

Must follow process as laid out in NDCC 40-50.1-16.

Hearing and Review Requirements.

Review by the Development Review Committee is required as noted in Section SR-11.

A review is required at the Planning and Zoning Commission as noted in Section SR-12(b).

A public hearing is required at the City Commission as required by North Dakota Century Code.

Dedication of Right of Way.

Intended Use.

A Dedication of right of way is intended for dedicating right of way or other land for public use when that right of way or land is not part of a short plat or major subdivision.

Requirements.

Petition submitted by an interested party and/or the landowner to dedicate the intended property, as right of way. The petition shall include a description of the right of way in a manner that is sufficiently definite and certain upon the face of the instrument itself for the land can be identified with reasonable certainty;

Execution of a dedication agreement or instrument by the property owner(s) to the City of Williston. The dedication agreement or instrument shall include a description of the right of way in a manner that is sufficiently definite and certain upon the face of the instrument itself for the land to be identified with reasonable certainty. The City reserves the right in its sole and absolute discretion, to require a right of way plat to be submitted along with the petition in order to sufficiently describe property that is intended to be dedicated.

Acceptance by the City Commission and/or other territorial jurisdiction

Hearing and Review Requirements.

A dedication petition must be reviewed, approved, and accepted by the City Commission and/or other territorial jurisdiction as noted in Section SR-12(d).

SECTION SR-7 Submittal requirements.

[Amended 10-25-2022 by Ord. No. 1132]

The following items shall be submitted for all entitlements in this section, unless otherwise determined by the Planning Department during the application process:

Application, including the following information:

Name, mailing address, phone number, and e-mail address of:

Applicant.

Local agent.

Owner of record.

Engineer.

Surveyor.

Title attorney.

Street address of property.

Legal description of property (must match legal description on recorded deed).

Current zoning.

Brief description of the project.

Additional information as required by the Planning Department.

Signature of property owners.

If property owners have a representative, letter from all owners of record concurring with proposed plat and allowing a representative to sign the application (in the event of corporate ownership, an authorized individual of the corporation shall execute the application).

Payment of fee indicated in the fee schedule.

Preliminary plat that meets requirements stated in Section SR-16.

Electronic format as required by the Planning Department.

Copy of deed to all property.

Title opinion/ALTA survey.

For major subdivisions

A concept plan.

Preliminary water, sewer, street and drainage plan

Completed Utility Contact Form.

SECTION SR-8 Final plat submission requirements.

[Amended 10-25-2022 by Ord. No. 1132]

Prior to scheduling the final plat for the City Commission, the following documents, if required, must be prepared by City staff and their terms reviewed by the applicant, and this fact included in staff's report to the City Commission:

Final Plat.

Development Agreement.

General performance lien.

Non-protest agreement.

Conditions, Covenants, and Restrictions (CC&R's).

Design Guidelines.

Narratives for Planned Unit Developments.

Shared access and maintenance agreements/reciprocal access easements.

Updated title opinion.

SECTION SR-9 Review procedure.

[Amended 10-25-2022 by Ord. No. 1132]

Upon receipt of a complete submittal by the scheduled submittal date for a particular Planning Commission hearing, the Planning Department shall lead and coordinate the review process.

SECTION SR-10 Professional assistance.

[Amended 10-25-2022 by Ord. No. 1132]

The City Commission, Planning Commission, or any City department may request such professional assistance as it deems necessary to properly evaluate the plats submitted, with expenses to be paid by the applicant. The City shall provide notice to the applicant prior to retaining that professional assistance.

SECTION SR-11 Development review committee.

[Amended 10-25-2022 by Ord. No. 1132]

Intent: The intent of the Development Review Committee is to review entitlements prior to the Planning Commission hearing and to make a recommendation to that Commission regarding the entitlement.

Membership: The Development Review Committee may consist of:

The applicant.

No more than four Planning Commissioners, but at no point shall a quorum of Planning Commissioners be present.

No more than two City Commissioners.

City Planner or their representative.

City Engineer or their representative.

Building Official or their representative.

Fire Chief or their representative.

Public Works director or their representative.

Representatives from other City, County, State, Township, or Federal agencies or utility companies as determined by the City Planner.

Any other representatives deemed necessary.

Scope of Review: The Planning Department shall present all entitlements in this section to the Development Review Committee for that Committee's review and recommendation prior to Planning Commission hearing.

Recommendation: After review of the project at the Development Review Committee meeting, the Committee may make a recommendation to approve the project, deny the project, or refer to project with no recommendation to the full Planning Commission.

In the event the Development Review Committee does not make a recommendation to approve or deny, the Planning Department may propose a recommendation or may bring before the Planning Commission with no recommendation.

SECTION SR-12 Commission reviews and public hearings.

[Amended 10-25-2022 by Ord. No. 1132]

Planning Commission Public Hearing.

When a public hearing in front of the Planning Commission is required, staff shall give notice of a public hearing as required in Section SR-15. On the appointed date, the Planning Commission shall hold a public hearing, and after review of the materials and the recommendation in staff's report and public comment at the hearing, make a decision to approve, deny, or table the application.

A motion for approval may include contingencies to be resolved by City staff and the applicant prior to the approval becoming effective.

A motion for denial shall state the reasons for denial.

A motion to table shall state the reasons for tabling.

The City Planner shall advise the applicant of the Planning Commission's decision.

In such cases where a review or hearing by the City Commission is also required, staff shall give notice of a public hearing as required by Section SR-15, and on the appointed date, the Planning and Zoning Commission shall hold a public hearing, and, after review of the materials and the recommendation in staff's report and public comment at the hearing, make a recommendation to the City Commission to approve, deny, or table the application.

A motion for approval may include contingencies to be resolved by City staff and the applicant prior to the approval becoming effective.

A motion for denial shall state the reasons for denial.

A motion to table shall state the reasons for tabling.

The City Planner shall advise the applicant of the City Commission's decision.

Planning Commission Review.

When a review in front of the Planning Commission is required, the Planning Commission shall hold a review, and after review of the materials and the recommendation in staff's report, shall hear the review and shall make a decision to approve, deny, or table the application.

A motion for approval may include contingencies to be resolved by City staff and the applicant prior to the approval becoming effective.

A motion for denial shall state the reasons for denial.

A motion to table shall state the reasons for tabling.

The City Planner shall advise the applicant of the Planning Commission's decision.

In cases where the Planning Commission is required to hold a review of an application, with a further review by the City Commission, the Planning Commission may, after review of the materials and the recommendation in staff's report, make a recommendation to the City Commission to approve or deny the application.

A recommendation to approve the application may include contingencies to be resolved by City staff and the applicant prior to the final approval of the application.

A recommendation to deny the application shall state the reasons for the denial.

The City Planner shall advise the applicant of the Planning Commission's recommendation and include that recommendation in the staff report to the City Commission.

City Commission Public Hearing.

When a public hearing in front of the City Commission is required, staff shall give notice of a public hearing as required by the Zoning Ordinance, otherwise known as Ordinance 613. On the appointed date, the City Commission shall hold a public hearing, and after review of the materials and the recommendation in staff's report and public comment at the hearing, make a decision to approve, deny, or table the application.

A motion for approval may include contingencies to be resolved by City staff and the applicant prior to the approval becoming effective.

A motion for denial shall state the reasons for denial.

A motion to table shall state the reasons for tabling.

The City Planner shall advise the applicant of the City Commission's decision.

City Commission Review.

Within 30 days of the Planning Commission's determination on an application which requires review by the City Commission, unless the City Planner receives written notice from the applicant that they wish to delay the review by the City Commission, the City Planner will schedule a review of the application, including any concurrent applications associated with the application, before the City Commission, and prepare a staff report to the City Commission summarizing:

The project,

Staff review comments, discussion at the Planning Commission meeting,

The Planning Commission's recommendation, and

Maps, exhibits, and other supporting documentation,

and forward the report to the City Commission prior to that Commission's review of the application.

The applicant shall not revise any application until after approval by the City Commission, unless specific direction to do so is included in the Planning Commission's motion.

If the City Commission denies the application, the application is terminated. Any concurrent applications associated with the application are also terminated.

A recommendation to approve the application may include contingencies to be resolved by City staff and the applicant prior to the final approval of the application.

For a review of a final plat, a recommended approval motion for the final plat:

Shall specify additional documents to be recorded concurrently with the final plat,

Shall specify any other entitlements that will become effective upon final plat recordation,

Shall provide for the acceptance of all streets, alleys, easements or other public ways, parks, and other spaces dedicated to public purposes.

Shall state the subdivider's obligation to construct parks and/or trails, or to pay the park payment in lieu fee.

May include contingencies to be resolved by City staff and the applicant prior to the final plat recordation, including final details of the documents listed above.

A motion to table an application shall state the reasons for the tabling.

A motion to deny an application shall state the reasons for the denial.

A board action to deny the application voids the approval of any concurrent applications.

The City Planner shall advise the applicant of the City Commission's decision.

Appeal Process.

The appeal process for any denied application can be found in Section 28 of Ordinance 613, otherwise known as the City of Williston Zoning Ordinance.

SECTION SR-13 Application and completion timelines.

[Amended 10-25-2022 by Ord. No. 1132]

When an application is received by the Planning Department, the Planning Department shall place the application on the next available Planning and Zoning Commission meeting according to the Planning Department Calendar as approved by that commission each year, which, if an application deadline has just passed, may take up to 65 days.

Any application on which there has been no action within one year will automatically be closed unless an applicant can show there is diligent progress being made, and any prior approvals considered null and void. In such cases, any fees paid to the City will be forfeited by the applicant.

SECTION SR-14 Recordation of all approved entitlements.

[Amended 10-25-2022 by Ord. No. 1132]

All entitlements under this chapter, when granted final approval, must be recorded in the County Recorder's office. The Planning Department will record the documents upon:

Payment of the recordation fee.

Submittal of final plat in electronic format approved by the Planning Department.

The following documents, if required, shall be recorded:

Approved final plat.

Development Agreement.

General performance lien.

Non-protest agreement.

Conditions, covenants, and restrictions.

Planned Unit Development (PUD) Narrative.

Design guidelines.

Shared access and maintenance agreements/reciprocal access easements.

Any additional documents necessary to the final plat.

Any additional documents directed by the City Commission.

The City shall record all documents at the Williams County Recorder's office.

SECTION SR-15 Public hearing.

[Amended 10-25-2022 by Ord. No. 1132]

When a public hearing must be scheduled according to this ordinance, the City Planner shall give notice of a public hearing on such proposed subdivision by advertising the time and place of such at least 10 days prior to the date of such hearing. The City Planner shall send a notice of the time and place of such public hearing not less than five (5) days before the date fixed for the hearing to all properties neighboring the applicant property. The public hearing may be held at a regular meeting or special meeting of the Planning Commission.

SECTION SR-16 Specification for plats.

[Amended 10-25-2022 by Ord. No. 1132]

A plat must describe particularly and set forth all the streets, alleys, and public grounds, and all outlots or fractional lots within or adjoining the townsite or jurisdiction, together with the names, widths, courses, boundaries, and extent of all such streets, alleys, and public grounds, and giving the dimensions of all lots, streets, alleys, and public grounds.

Preliminary Plats must include:

Subdivision Name: 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. 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.

Legal Description.

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

Old and new legal description.

Names and addresses of the owners, subdividers, and developers having control of the lands included in said preliminary plat, the designer of the plat, the surveyor and their registration number.

Vicinity sketch, at a scale of one inch equals 1,000 feet or less for an area one-half (1/2) miles in radius of the tract, to show the relation of the plat to its surroundings

Certifications and Seals.

Editor's Note: Appendix 1 is included as an attachment to this chapter.

Approving Body: Each body approving the plat must have its own approval certificate as noted in Appendix 1: Plat Certifications and Recordation Requirements.

Owners: The subdivider must provide evidence that all parties having any record title interests in the property are represented. This information is provided by the title company. All parties having record title interest must sign the owners' certificate, as noted in Appendix 1: Plat Certifications and Recordation Requirements.

Surveyors: Surveyor shall apply their signature across the face of the seal. A rubber stamp of facsimile signature is not allowed. The signature and seal must also be dated.

See Appendix 1: Plat Certifications and Recordation Requirements.

Survey Data.

Unless otherwise allowed by the Development Services Director, City Planner, City Engineer, and Public Works Director, the preliminary plat must at least include surveyed exterior boundaries and any existing interior lines or boundaries.

There must be shown on the plat all survey and mathematical information, including bearings and distances, and data necessary to locate all monuments and to locate and retrace all interior and exterior boundary lines appearing on the plat.

It is the responsibility of the Surveyor or Engineer to ensure closure and accuracy of all data represented on the plat. The City does not review said data and does not accept liability for any errors or omissions.

Unless as otherwise exempted above, all interior lot lines and exterior boundary lines of the plat must be correctly designated on the plat and show bearings on all straight lines, or angles at all angle points, and central angle, radius, and arc length for all curves. All lot distances must be shown on the plat to the nearest hundredth of a foot and all curved lines within the plat must show central angles, radii, and arc distances. If a curved line constitutes the line of more than one lot in any block of a plat, the central angle for that part of each lot on the curved line must be shown. 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 reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points and points of curve to lot lines.

All distances must be shown between all monuments as measured to the hundredth of a foot.

If a river, stream, creek, or lake constitutes a boundary line within or of the plat, a survey line must be shown with bearings or angles and distances between all angle points and their relation to a waterline, and all distances measured on the survey line between lot lines must be shown, and the survey line shown as a dashed line.

The unadjusted outside boundary survey and the plat survey data must close by Latitude and departure with an error that does not exceed one part in ten thousand parts.

Any plat which includes lands abutting upon any lake, river, wetland, or stream must provide a separate document which shows a contour line denoting the high water mark, water elevation, and the date of survey. If any part of a plat lies within the one hundred year floodplain of a lake, river, or stream as designated by the state engineer or a federal agency, the mean sea level elevation of that one hundred year flood must be denoted on the plat by numerals. Topographic contours at a two-foot contour interval referenced to mean sea level must be shown for the portion of the plat lying within the floodplain. All elevations must be referenced to a durable benchmark described on the plat with its location and elevation to the nearest hundredth of a foot, which must be given in United States Geologic Survey Datum, 1988.

Total acreage in said preliminary plat computed to one-tenth (1/10) of an acre.

Boundary lines and description of boundary lines on any areas other than streets and alleys which are to be dedicated or reserved for public use. Write the boundary description on the plat. Boundary description is required for all property types.

Existing Conditions.

All rivers, streams, creeks, lakes, and all public highways, streets, and alleys of record must be correctly located and plainly shown and designated on the plat.

The lots, blocks, and subdivision names and adjacent boundary lines of any adjoining platted lands must be dotted on the plat. Any unplatted lands must be marked with name of owner and legal description. Regardless of whether a property is adjacent or not, the above shall be required for all properties within 100 feet of the plat boundary.

Location, names and sizes of existing, surfaced, or platted streets or other public ways, parks and other public open spaces, buildings and structures, boundary lines of adjoining platted or unplatted land, easements and section and corporate lines, as well as all railroads, sewers, water mains, gravel pits, culverts, flood plains, creeks, mines, abandoned mines, and other underground facilities within the tract and to a distance of 100 feet beyond the tract at the time of submission of the plat. If a public right of way adjacent to the plat is greater than 100 feet wide, depict the information above on the far side of the right of way.

If any portion of a lot or parcel of a division of land is subject to flood hazard, inundation, abandoned underground coal mines, closed landfill, or other geological hazard, such fact and portion shall be clearly shown on the plat by a prominent note on each sheet of such plat whereon any such portion is shown. Said note shall state "Portions/all of Lots(s), Block(s) is/are subject to flood hazard".

Easements.

Any existing or proposed easement shall be clearly labeled and identified with the easement dimensions, bearings when appropriate, and the purpose of the easement, and if of record, the record reference shall be shown thereon.

Examples of purposes are: utility, access and utility, drainage.

Existing and Proposed Improvements.

The streets, alleys, or roads which divide or border the lots, and any existing and/or preliminary layout of any proposed streets, alleys, roads, sidewalks, trails, water systems, sewer systems, storm water management systems, including ponds and site grading, must be shown on the map or plat.

Typical cross sections, with dimensions, of all proposed streets, alleys, trails or roads which divide or border the lots must be shown on a separate document.

Layout of proposed streets, alleys, pedestrian ways and easements, showing right-of-way widths and proposed names of streets.

Proposed Public Improvements: Highways, water systems, sewer systems, stormwater management systems, or other major improvements planned by public authorities for future construction on or near the tract.

Any lots to be used exclusively for stormwater management systems should be noted on the lot as such and shall be noted as a "non-buildable" lot.

Locations and sizes of proposed parks, playgrounds, 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.

Street Names.

The name or number of any street similar or heretofore used in the 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 streets must be numbered unless otherwise approved by the Development Services Department. All street names or numbers shall be subject to the approval of the Development Services Department.

(11)

Lots and Blocks.

All lots and blocks, however designated, must be numbered clearly in progressive numbers and their precise length, width, and square footage area be stated on the map or plat.

Block numbers shall be shown clearly in the center of the block and all streets shall be named.

Each lot shall be shown entirely on one sheet.

(12)

Topography.

Complete topography map that extends 100 feet beyond the subdivision boundary line with contour intervals not greater than two feet, water courses, high water mark, marshes, rock outcrops and other significant features; all superimposed on at least one print of preliminary plat. North American Vertical Datum of 1988 (NAVD88) shall be used for all topographic mapping. Topography shall be shown on the preliminary plat and preliminary plans for water, sewer, streets, and stormwater management systems, but shall not be shown on any final plat, except for portions of plat within 100 year floodplain as defined in this section.

(13)

Format.

The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated.

North Arrow oriented to the top of the map.

Basis of Bearing must use North Dakota State Plane Coordinate System, North Zone, using NAD-83 in International Survey Feet.

Graphic scale of no less than 1:100.

Scale must state "1 inch = 100 feet".

Ditto marks may not be used on the plat for any purposes.

Building setbacks may not be shown on the plat, but may be required on a separate document.

(14)

Details.

Details must be used to clarify congested and tight areas of the map. If more than one is used, each detail shall be identified using a different and consecutive letter.

Details must not be shown inside a lot or within the subdivision boundary, if possible, details should be shown on the same sheet as the area detailed and oriented in the same position as the map, otherwise note the sheet number in the detail call-out and include the north arrow in the detail.

Details may be drawn to scale or out of scale with the corresponding scale, or the wording "not to scale," noted under the detail title.

Details, including title and labels, must be enclosed with a heavy dashed line.

If the detail shows a part of the subdivision boundary, that part must be shown with a distinctive border.

Requirements for Final Plats. A Final Plat shall be submitted with any necessary supplemental information as noted in Section 8., above. The final plat, once approved for recordation, must be prepared in accordance with the provisions of North Dakota State Statues and applicable City and County regulations. The final plat shall consist of one Mylar original in sheet sizes of 22 x 36 inches, or other size approved by the City Planner and the County Recorder's office.

Final plats require the following:

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

Monumentation.

The plat must indicate that all outside boundary monuments have been set and indicate those interior monuments that have been set.

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 block or portion of a block, points of curvature and points of tangents on street lines, and at each angle point on the boundary of the subdivision. A permanent marker shall be deemed to be a steel rod, one-half inch in diameter extending at least two feet below the finished grade. In situations where conditions prohibit the placing of monuments in the location prescribed above, offset markers will be permitted.

All preliminary plat requirements as noted in Section SR-16(a).

Any additional documents required, including:

Preliminary plans for required infrastructure improvements, including but not limited to: streets with plan and profile, alleys, sidewalks, trails, water distribution systems, sanitary sewer systems and stormwater management systems, including ponds and site grading. Plans shall be drawn to City standard scales, and elevations shall be based on the datum plane approved by the City Engineer or Director of Public Works.

The plat must be dated as to the completion of the survey and preparation of the plat.

Standard notes, noting flood hazards, mine placement, etc.

Other Data: Such other certificates, affidavits, endorsements, or deductions as may be required by the Planning Commission in the enforcement of this ordinance.

Certifications required on final plats:

Certifications are required as per Appendix 1: Plat Certifications and Recordation Requirements.

Editor's Note: Appendix 1 is included as an attachment to this chapter.

All signatures shall be notarized other than that of the surveyor, in accordance with the North Dakota Century Code.

Notarized certification by owner and by any mortgage holder of record of their consent of the plat and the dedication of streets and other public areas.

Certification 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 dimensions and geodetic details are correct.

Certificates of Approval to be filled in by the signatures of the owners, surveyor, Chairman of the Planning Commission, City Finance Director, President of the City Commission, and notary publics for each as well as the Williams County Register of Deeds.

SECTION SR-17 Design standards.

[Amended 10-25-2022 by Ord. No. 1132]

Streets and Alleys.

The arrangement of arterials and collector streets shall conform as nearly as possible to the Williston Comprehensive Plan and Transportation Plan.

Streets normally shall connect with streets already dedicated in adjoining or adjacent subdivision, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets to the nearest subdivided tracts.

The arrangement of arterials and collector streets shall be considered in their relation to the reasonable circulation of traffic, to maintain connectivity, to topographic conditions, to run-off of storm water, to public convenience and safety, and in their appropriate relation to the proposed use of the area to be served.

Local streets should be so planned as to discourage their use by non-local traffic.

Dead-end streets are prohibited unless a street extension is planned with future development. Culs-de-sac may be permitted where conditions justify their use but must maintain connectivity and walkability standards. Street culs-de-sac shall normally not be longer than 500 feet, including a terminal turn-around which shall be provided at the closed end, with an outside right-of-way radius of not less than 60 feet, in accordance with Fire Codes and as required by the City of Williston Fire Chief. Said 60 foot outside right of way radius will accommodate seven feet of boulevard space and five feet of sidewalk.

Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system and stormwater management system for the unsubdivided portion shall be prepared and submitted by the subdivider.

When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged to maintain access and permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision.

Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations.

The minimum angle of intersection of streets shall be eighty (80) degrees.

Street intersection jogs with an offset of less than 150 feet shall be avoided.

(11)

Any new or modifications to existing access points onto US Highways, ND State Highway and US Highway Business Routes requires NDDOT approval.

(12)

Wherever the proposed subdivision contains or is adjacent to the right-of-way of a limited or controlled access U.S. or State Highway or an arterial, the City Planner and City Engineer shall determine which provision as listed below, in order of preference, shall be required:

A street at a distance suitable for the appropriate use of land between such street and right-of-way, known as a backage road; or

Double frontage lots and a reservation strip along the rear or arterial property line with a screening planting. Such distance shall be determined with due consideration of the minimum distance for approach connections to future grade separations, grade crossings or for lot depths; or

A service road approximately parallel and adjacent to the boundary of such right-of-way, known as a frontage road, which is in most cases discouraged.

(13)

Dedication of less than full streets will not be approved, except where it is essential to the reasonable development of the subdivision and in conformity with the other requirements of these regulations, where it is found that it will be practical to require the dedication of the remaining portion when the adjoining property is subdivided, and where reasonable conditions to ensure acquisition and functionality of the roadway exist. If a less than full street right-of-way is approved, parking shall be prohibited on such portion of the street until a full street right-of-way is provided or unless a dedicated parking lane is provided. In any such case, approval must be granted by the City Engineer and City Planner.

(14)

All proposed streets shall be offered for dedication as public streets.

(15)

Reserve strips in private ownership controlling access to streets shall be prohibited.

(16)

For all public ways hereafter dedicated and accepted, the minimum right of-way for streets, alleys, or pedestrian ways included in any subdivision shall not be less than the minimum dimensions for each classification as follows, except as noted in footnotes of the following table. The standard street right of way widths noted incorporate parking lanes, gutter, curb, grassed boulevard areas, street lighting and sidewalks on both sides of the street.

Street Types and Widths.

Required dedication width of right of way and paved street width will be based on transportation plan, comprehensive plan, utility requirements and any associated traffic studies. In particular, arterial rights of way and street widths may be required to be provided at a greater width than noted here in order to accommodate future growth. Greater dedicated width of right of way or paved street width may be required based on these items.

In certain cases, where justification is provided, developers may apply to the Planning and Zoning Commission during the subdivision review process to allow alternative street widths and rights of way. Factors such as surrounding development, future land uses, the comprehensive plan, density of the neighborhood, availability of off-street or alley-based parking, increase in landscaping area, etc. will be considered in any approval of requests of this nature.

Sidewalks, Trails and Shared Use Paths.

Depending on the zoning district within which the subdivision is located, sidewalks shall be sized as follows:

All sidewalks shall be in accordance with Chapter 20 of the City of Williston Code of Ordinances.

In residential areas where there is a boulevard, Sidewalks shall be at least five feet wide.

In areas with no boulevard, where the sidewalk abuts the street, sidewalks shall be at least six feet wide. Residential streets in new subdivisions shall have a boulevard.

In new commercial developments, sidewalks shall be at least six feet wide.

In C-1: Neighborhood Commercial, sidewalks shall match the nearest residential sidewalk.

In C-2: General Commercial, sidewalks shall be separated from the curb with a planted boulevard.

In C-3: Restricted Commercial, sidewalks shall match the nearest previously developed sidewalk.

If outdoor retail use of the sidewalk is planned, sidewalks shall be at least 15-20 feet wide.

In new industrial developments in M-1: Light Industrial and M-2: Heavy Industrial zoning districts, sidewalks are not required other than as may be noted in city approved sidewalk and trails plans.

10.

Sidewalks used as pedestrian connections not associated with a road, trail, or shared use path should be at least seven feet wide with five feet of paved area and shall have adequate pedestrian lighting.

11.

Trails which are not associated with a road or shared use path must meet requirements of the Parks District and Development Services.

12.

Sidewalks adjacent to roads in association with the Existing and Future trails map approved by the City Commission and Parks District (known as shared use paths) must be a minimum of 10' feet. This may require additional dedication of right of way.

In all instances, the sidewalk width shall be approved by the City Planner and City Engineer.

Such sidewalks shall be installed at the time of subdivision infrastructure improvements and street installation, or at time of development of the property, in cases where subdivision infrastructure improvements were made prior to this ordinance.

Where such road in association with the Existing and Future trails plan has been installed, or where right of way for a road in association with the trails plan has been dedicated prior to the adoption of this ordinance, the associated shared use path shall be built to a standard as recommended by the City Engineer, City Planner, and Park Department in order to accommodate the necessary shared use path within the available right of way at the time of development.

On Street Bike Lanes.

In areas where designated appropriate and in coordination with the City, on street bike lanes may be considered as an alternate transportation mode and may be added to a right of way. Additional right of way to accommodate said on street bike lanes may be required.

Bike lanes must be at least six foot wide, including a traffic buffer, and shall be constructed according to the most recent specifications set forth in American Association of State Highway and Transportation Officials (AASHTO) guidelines.

Required Dedications and Street Improvements for Subdivisions.

FIGURE 1.
Street Type	Right of Way Width	Back of Curb Width	Lane Width	Parking Lane Width	Turn Lane Width	Boulevard Width***
Urban Area Arterial	>100'*	40'-64'*	12'	8'	12'	8'
Urban Area Collector	68'-70'*	38'-41'	11'-12'	8'	12'-13'	8'
Urban Area Residential Local	64'	38'	—	—	—	—
Urban Area Commercial Local	68'-70'*	38'-41'	11'-12'	8'	—	8'
Urban Area Industrial Local	68-70'*	41'	12'	8'	—	8'
Rural Residential Areas ****	80'*	**	—	—	—	—

NOTES:
*	In situations where right of way for the road has not been established, the road shall be evaluated based on the Comprehensive Plan and Transportation Plan as to whether a lesser or greater right of way is warranted. For new streets not yet established, width will be determined by the City Engineer and City Planner at time of development, based on the number of lanes required for the specific road. The number of lanes required will be based on the location, comprehensive plan, transportation plan and projected growth. Size of lanes on Urban Area Collectors and Urban Area Commercial Local Streets will be determined based on expected land use of the surrounding areas and City plans for the area (transportation, trails, and comprehensive). This will also be determined based on surrounding neighborhood, and expected traffic volumes on the street by all transit types, with the goal of creating comprehensive street usage that allows for multimodal transit where possible.
**	Unless otherwise required by the Comprehensive Plan, Transportation Plan, Trails System Plan, Development Services Director, Public Works Director, or City Engineer, street shall be built to paved rural section, with no curb, gutter, boulevard, street lighting, or pedestrian facilities required. Drainage swales will be required.
***	Boulevards must be grassed, unless neighboring property owner acquires approval by the City Engineer to change said boulevard to another approved ground cover as allowed in City Code Chapter 20-20. All boulevards shall be subject to Section 3 above. The standard Boulevard size is a minimum of 8' wide, except in cases as allowed by the platting process.
****	If street is located within the Extra-Territorial Jurisdiction and the presiding township does not accept maintenance responsibility, a Homeowner's Association (HOA) shall be created with the subdivision for maintenance and snow removal responsibilities.

Street Connectivity and Access Management.

The below connectivity items are guidelines, meant to provide the City's intent to create well connected residential and commercial neighborhoods. The City must balance necessary restrictions to allow for preservation of street function, while also ensuring the creation of livable, walkable, neighborhoods. Subdivisions should evaluate access spacing based on the transportation plan guidelines for number of access points per mile, existing street pattern and surrounding developments. Flexibility and creativity in subdivision design may be considered. Instances in which flexibility would be considered are noted below.

Subdivision and development plans shall provide for future public street connections.

Subdivisions shall provide for vehicular and pedestrian connectivity between residentially zoned properties and commercially zoned properties wherever possible, whether between two subdivisions or within the same subdivision.

Primary access is determined to be a signalized or future signalized full or partial intersection. Secondary access is determined to be an unsignalized or future unsignalized full or partial intersection or subdivision access.

FIGURE 2.
Functional Classification	Zoning Districts^[6]
Functional Classification	AG through C-1	C-2 through M-3
Principal Arterial	Limited^[5]	Limited^[5]
Minor Arterial	Limited^[2][4]	Limited^[2]4]
Collector	Limited^[2][3]	Limited^[2][3]
Local	Allowed^[1]	Allowed^[1]

NOTES:
[1]	Access is allowed provided that corner lot access in Ag to R-2 zoning districts is at least 20 feet from the block corner, and that in R-3 to M-3 zoning districts, corner lot access is at least 50 feet from the block corner.
[2]	Access is allowed provided that corner lot access is at least 50 feet from the block corner.
[3]	Primary intersections are restricted to 8 per mile, or approximately every 660 feet. Secondary access points are restricted to every 260'-660' feet.
[4]	Primary intersections are restricted to 4 per mile, or approximately every 1,320 feet. Secondary access points are restricted to every 660' feet.
[5]	Primary intersections are restricted to every 1/2 mile. Secondary intersections are restricted to every 1/4 mile. Because principal arterials are State and Federal Highways, any new access points or modifications to existing access points, any new signals, and any new intersections require NDDOT approval.
[6]	Existing lot sizes and access locations do not always allow for the practical enforcement of footnotes [3] and [4]. In these areas, the City Engineer and City Planner shall have the authority to review driveway and intersection spacing on a case-by-case basis, taking into consideration the necessity of the access, the relative location of other access points on the same and opposite sides of the street, topography, opportunities for shared access with associated shared maintenance and easement agreements, and opportunities for on-side modifications that will optimize the location of the driveway or intersection. Using these considerations, the City Engineer and City Planner shall have the authority to approve driveway and intersection spacing that does not meet footnotes [3] and [4].

Access to Minor Arterials and Collectors.

Where a subdivision borders on or contains an existing or proposed arterial or collector, the City Engineer and City Planner may require that access to such streets be limited by one of the following means:

in residential areas, requiring a mixture of residential types along minor arterials and collectors, including: side lots, back yards with berms or fences, rear-loaded townhouses, or apartments.

a service road that is separated from the arterial by a planting or grass strip with access to the street at suitable points.

Maximum Block Length.

In order to maintain pedestrian connectivity, residential and commercial block lengths should be no longer 660'. However, where rendered infeasible due to topography, existing development, or natural features, block length within a subdivision or along borders of subdivisions may exceed the maximum of 660 feet. In such cases, pedestrian and bicycle connections through sidewalks and/or trails shall be made every 660 feet and should be spaced as evenly between block ends as possible. Such an exception would be considered for approval during the platting process and would need to be found to be in agreement with both the City Comprehensive Plan and Transportation Plan.

Road Standards in Extra Territorial Jurisdiction.

Roads in the Extra Territorial Jurisdiction must comply with Williams County Road Standards. A Homeowners Association must be formed by any new subdivision for the purpose of road maintenance if the presiding township does not take maintenance responsibility.

Alley Requirements:

Proposed alleys shall be considered as public access and utility easements. An exception for alleys to be maintained as a public right of way by public ownership may be considered as part of the platting process if unusual circumstances are presented and substantiated that would prohibit the reasonable development of an alley as an easement under the control of a homeowners association or would justify that a public right of way and public ownership would best serve as the necessary mechanism to address the unusual circumstances. Definite and assured provision must be made for emergency vehicle (police, fire and ambulance) and service access, such as off-street loading, unloading, and parking consistent with and adequate for uses proposed. Dead end alleys will not be permitted, except that this requirement may be waived where an adequate turn-around for emergency vehicles (fire, police and ambulance) is provided.

Alleys that separate a residential zone from a commercial, multifamily residential or industrial zone shall not be used by commercial, multifamily residential, or industrial traffic to access the alley. However, in certain circumstances, the City Planner and City Engineer may determine that such use is allowable, with the findings that:

The use is otherwise allowable by ordinance, or;

There is no change or hardship to the neighborhood, or;

Any needed improvements to the infrastructure has been or will be made, or;

Any mitigation required to reduce the impact on the residential district has been or will be made, or;

That traffic volumes or access to the property is limited, or;

Any combination of the above items would allow for the alley to be utilized by commercial traffic with minor impact to the residential district.

Alleys shall be 20 feet wide and graded and paved with concrete or hot mix asphalt (hard surface) with a 15 foot wide paved hard surface measured from the top edge of the asphalt slough or the back of curb and gutter if installed. The 2.5 foot space between alley pavement and alley easement line shall be left unpaved for the installation of utility poles, boxes and pedestals. Once the utility systems including service lines have been installed in the neighborhood this space may be paved with concrete or asphalt. Maintenance of these utility strips if left unpaved shall be included in the Homeowners Association conditions, covenants and restrictions. Alley construction plans shall be submitted to City Engineering for review and approval and meet City Engineering design specifications.

Stormwater shall not drain from a street into an alley. Stormwater carried by an alley shall drain onto a street or into a storm sewer. Stormwater shall not drain from an alley onto private property or block positive drainage of adjacent properties. The developer's site grading shall be designed and constructed to provide positive drainage onto streets, alleys or other approved stormwater conveyances. Grading and drainage plans for alley construction must be submitted to City Engineering per their requirements and approved prior to any alley construction. Alley construction must be completed and certified by City Engineering before any building permits are issued for lots adjacent to an alley. Surveyed as built drawings shall be provided to the Building Department prior to issuing a certificate of occupancy to ensure that drainage and elevation are built consistent with the approved drainage plan.

Alleys that are public access and utility easements shall be managed and controlled by a Homeowners Association (HOA) or other common area maintenance agreement as required in item f1(k) below.

Items to be included in a Development Agreement when an alley is platted shall include:

Alleys are considered improvements. Prior to the release of the general performance lien on any phase, including release of the lien to escrow, the developer shall submit to the City a plan depicting the proposed alley drainage.

The developer shall assume all responsibility for the ownership and maintenance on all alleys until such time as those alleys are turned over to an HOA or similar association.

A waiver of protest for the creation of future alley improvement districts must be recorded with the entitlement.

Prior to recordation of the final plat, the developer shall submit to the City conditions, covenants and restrictions (CC&R's) for review to confirm that City-required wording is included in the CC&Rs. The approved CC&R's shall be recorded with the final plat.

If an HOA is formed, the CC&R's for the HOA must state that:

Membership in the HOA is mandatory for all property owners in the subdivision;

The governing documents shall designate a liaison from the HOA for the City to contact for the purpose of resolving any conflicts of the alley performance on adjacent or impacted public infrastructure, utilities, and maintenance. It is the HOA's responsibility to provide the liaison contact information and update of that information to the City Public Works Department for their files.

The HOA owns the alleys and is empowered to assess the members of the HOA for the cost of maintenance of the alleys in a clean, orderly and weed free manner, including pavement repair and snow removal. Pushing dirt or snow into the adjacent public right of way is prohibited.

If the HOA dissolves, the City of Williston can assess the property owners for the cost maintenance of the alleys.

Prior to the release of the improvement security on any phase, including release of the lien to escrow, the developer shall submit to the City documentation from the North Dakota Secretary of State's office verifying the establishment of the HOA as an entity in this state.

Easements.

Where alleys are not provided as an easement for utilities, a utility easement at least 10 feet wide, shall be provided along a lot line as may be deemed necessary by the City Engineer to form a continuous right-of-way of at least 20 feet in width. Said greater or lesser width shall be specified by the City Engineer or Director of Public Works and provided accordingly upon the plat.

Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the City Commission, by resolution upon the recommendation of the City Planning Commission.

Where a subdivision is traversed by a water course, coulee, drainage way, channel, or stream, a stormwater easement, drainage right-of-way or park dedication, whichever the Planning Commission may deem the most adequate, conforming substantially with the lines of such water course shall be provided, together with such further width or construction, or both, as will be adequate for the stormwater drainage of the area. The width of such easements shall be determined by the City Engineer or Director of Public Works.

The use of underground installation of all utilities (including power, gas, telephone and cable television) is required in any new subdivisions.

Lots.

Corner lots for residential use shall have additional width to permit appropriate building setback from both streets as defined in the Williston City Zoning Ordinance.

Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines.

Access to Lots.

Every lot must have frontage on a dedicated public street other than an alley or, in the case of commercial or industrial properties being granted access via a recorded Perpetual Right of Way easement or Reciprocal Easement Agreement. Said access easement shall be at least 30 feet in width and meet the subdivision regulations and Building Department requirements as established by the City. In the case of commercial or industrial properties, said easement shall follow the requirements as defined below or as modified by a Development Agreement.

For purposes of this ordinance, a Perpetual and/or Reciprocal Easement is defined as a contract that allows multiple parties with specific ownership or interest in said property(ies) to use both the surface and underground rights to the property(ies) for the express mutual benefit of said property(ies);

Said easements shall provide ingress and egress to the owners and their invitees and location of public or private utilities with the property(ies);

Said easements shall benefit each property owner that such easement crosses or provides benefit;

Said Reciprocal Easements shall not be construed as allowing or providing a pass through benefit of access or utilities to property(ies) that are not a contracted party to said easements;

Said easement shall not confer right to property(ies) that are not party to the easement;

Said easements shall grant permission for construction, maintenance, and repairs of utilities and surface improvements as needed;

Said easements shall be subject to all City subdivision and building regulations regarding site development unless otherwise modified by a Development Agreement;

Easements shall run with the land;

For new subdivisions, easements shall be specifically noted on the final plat. Perpetual or Reciprocal easement agreements must be recorded at the time of final plat recording;

Access roads within property(ies) that are served by said easements shall be delineated on the street signs as private in nature;

Maintenance of roads and utilities provided by such Perpetual or Reciprocal easement agreements shall be the responsibility of the benefiting lot owners and shall be maintained with an agreement between all future property owners, which must be recorded at time of final plat recording; this agreement must include the following items:

Requirement that easements shall be managed and controlled by a Homeowners Association (HOA), with the developer assuming all responsibility for ownership and maintenance of said easements until such time as those easements are turned over to the HOA;

A perpetual agreement between all owners, assigns, successors, and heirs within the subdivision who use or access the easement, delineating responsibilities for snow clearing, maintenance, etc. as well as agreement and creation of a payment scheme for such maintenance. This agreement must state that the easement be maintained in a clean, orderly and weed free manner, including pavement repair and snow removal.

AND

A waiver of protest for the creation of a future easement improvement district to be recorded with the entitlement, allowing the City to create and assess property owners using or accessing the easement in order to undertake snow clearing, maintenance, etc. Until such time as that improvement district is created, all associated agreements dealing with utilities or access to the property(ies) shall identify that such services are via private conveyance and as such are not the responsibility of the City.

If an HOA is formed, the conditions, covenants and restrictions (CC&R's) shall state:

Membership in the HOA is mandatory for all property owners who access the easement.

The governing documents shall designate a liaison from the HOA for the City to contact for the purpose of resolving any conflicts of the easement performance on adjacent or impacted public infrastructure, utilities, and maintenance. It is the HOA's responsibility to provide the liaison contact information and update of that information to the City Public Works Department for their files.

The HOA owns the easement and is empowered to assess the members of the HOA for the cost of maintenance of the easement in a clean, orderly and weed free manner, including pavement repair and snow removal.

If the HOA dissolves, the City of Williston can assess the property owners for the cost maintenance of the easements.

If an HOA is formed, prior to the release of the general performance lien on any phase, including release of the lien to escrow, the developer shall submit to the City documentation from the North Dakota Secretary of State's office verifying the establishment of the HOA as an entity in this state.

Public Sites and Open Spaces.

In subdividing land or resubdividing an existing plat, due consideration shall be given by the subdivider to the dedication or reservation of suitable sites for schools, parks, playgrounds, conservation areas, or other public or semi-public recreational areas or open spaces. Areas so dedicated or reserved shall conform as nearly as possible to the comprehensive plan, as determined by reasonable discretion of the City Commission upon recommendation of the Planning Commission. All areas to be reserved for or dedicated to public use shall be indicated on the preliminary plat in order that it may be determined when and in what manner such areas will be dedicated to or acquired by the appropriate agency.

Residential Subdivisions.

The subdivider of any tract of land which is to be developed for residential uses shall dedicate to the public for public use as parks, playgrounds, public open space, or storm water holding areas or ponds, that percentage of the net tract to be subdivided which corresponds with the applicable density of the subdivision in the following schedule:

FIGURE 3.
Density	Percentage
0 to 6 dwelling units per acre	6%
7 to 12 dwelling units per acre	7%
13 to 20 dwelling units per acre	8%

Subdivisions of three acre lots or larger shall not have to dedicate for parks or open space.

If the density of the proposed residential subdivision exceeds 20 dwelling units per acre, the City Commission shall require the dedication of such percentage of the proposed subdivision as it deems reasonable and in the public interest, which percentage shall in no event be less than eight (8%) percent nor more than ten (10%) percent.

Commercial and Other Developments:

In accordance with the purpose and intent of this subparagraph, the developer of any tract of land for any uses enumerated in this subparagraph shall dedicate to the public for public use as parks, playgrounds, public space, or storm water holding areas or ponds, such portion of the development tract, not to exceed six (6%) percent thereof, as the City Commission deems to be reasonable and in the public interest, taking into consideration the recommendation of the Planning and Zoning Commission, which shall consult with the Park District, the locale of the development tract, its accessibility, serviceability, and zoned use.

Dedications of land or cash in lieu of dedication of land for public sites and open space shall be based on the net usable land, that is, the amount of land left after dedication of public streets and alleys, as indicated by the square footage on the preliminary plat.

Delineation of Area to be Dedicated. The actual area to be dedicated for public use as parks, playgrounds, public open space, or storm water holding areas or ponds shall be delineated on the preliminary and final plat. Copies of such preliminary plat or site plan shall be referred to the Park Board for its scrutiny and report to the Commission of its findings, conclusions, and recommendation, this referral being in addition to the referral to the Planning Commission.

Cash in lieu of dedication: If the Park Board and the City waive a dedication of land under this section, the plat may still be finalized subject to a Park Fee to be assessed at the time the first building permit for each lot is issued. The fee shall be assessed as follows:

The park dedication fee shall be assessed by service unit at the time a building permit is issued. The service unit charge for residential and commercial property per service unit shall be set by resolution of the City Commission after recommendation for the Planning Commission which shall consult the Park Board prior to recommending the fee or any change in such fee.

Service Unit: For the purpose of this ordinance, a service unit will be computed as follows:

Residential.

Minimum charge of one service unit being equivalent to 10,000 square feet of property served.

Larger lots will be assessed in direct proportion to size. That is, a 12,500 square foot lot will be assessed 1.25 service units up to a maximum of two (2) service units.

Multifamily and apartment houses will be assessed as one service unit for each apartment or dwelling.

Commercial.

Commercial shall be assessed for one (1) service unit per 10,000 square feet of property served.

Any lot already developed but not platted is subject to the same formula at the time such lot is platted.

Restriction on Use of Cash in Lieu of Dedication. All Cash in Lieu of Dedication received by the City pursuant to Section SR-17(g)(6) of this ordinance shall be placed in a special fund and used only for acquisition of land for parks, playgrounds, public open space, and storm water holding areas or ponds, development of existing park and playground sites, public open space, and storm water holding areas or ponds, and debt retirement in connection with land previously acquired for such public purposes, all within the general location of the subdivision from which the Cash in Lieu of Dedication is received or for any community park facilities that would serve the same subdivision.

In cases where property is being re-platted or re-subdivided and a dedication for parks or cash in lieu of dedication for open spaces and parks has been paid, no additional dedication or cash in lieu of dedication shall be required unless such re-platting or subdivision results in an increased density of housing or an increased intensity of use. In such cases, a park fee or dedication not to exceed that set forth in Section SR-17(g)(6) may be assessed by the City Commission based upon recommendation of the Planning Commission after consultation with the Park Board.

Planned Unit Development:

The subdivision of land in a Planned Unit Development (P.U.D.) shall follow the development agreements as determined by the City Planning Commission and City Commission. Any variance required of this ordinance for the adoption of the P.U.D. shall herein be considered as a part of the approval of the P.U.D.

SECTION SR-18 Schedule of fees & plat completion timeline.

[Amended 10-25-2022 by Ord. No. 1132]

The City Commission shall establish a schedule of fees and a collection procedure to cover the cost of examining plans, advertising and holding public hearings, and other expenses incidental to the approval of a subdivision. The schedule of fees shall be posted in the office of the Subdivision Administrator and may be altered or amended only by the City Commission.

All applicable fees shall be paid in full at the time of application for tentative approval of a preliminary plat. If, because of the failure of the subdivider to submit a final plat within 12 months after receiving tentative approval of the preliminary plat, it will be necessary to re-submit a preliminary plat for tentative approval, the subdivider shall be required to pay a new fee based upon the fee rates in effect at the time of such re-submission.

If a preliminary or final stage in any stage of the process outlined in this ordinance is inactive for a period of 12 months, any approvals shall be considered void. If the subdivider wishes to complete the project, it will be necessary to resubmit an application and receive all required approvals.

SECTION SR-19 Obligations of subdivider.

[Amended 10-25-2022 by Ord. No. 1132]

Intent.

As the City Commission does not wish to burden existing residents with the costs of new development, the subdivider is obligated by this ordinance for the following items to be installed or accounted for entirely at the subdivider's expense, unless relieved of certain obligations by a decision of the City Commission.

Improvements Required.

Water system.

Installation: Subdivider shall install, at its expense, less any City, State, Federal, or other district financing contributions, the water system within the development, through the entire subdivision, including all necessary mains and services, connections to existing mains, and allowances for future extensions, and including any and all interim improvements that may be deemed necessary due to phased or partial construction.

Connections: Subdivider shall make connections at appropriate places, sizes, locations, and standards as approved by the City Engineer and connections shall be installed with the design standards, specifications, rules, and regulations of the City.

Oversizing: The City shall be responsible for paying, as incurred by the Subdivider, any additional costs associated with over-sizing water service facilities, as approved by the City. The cost participation will be computed as the difference between the pipe materials costs by the supplier, with a twenty (20%) percent mark-up for handling costs. Oversizing is defined as:

Any waterline over 8-inch diameter in R-1 and R-2 residential zones.

Any waterline over 10-inch diameter in other zones.

Sanitary Sewer System.

Installation: Subdivider shall install, at its expense, less any City, State, Federal, or other district financing contributions, the sanitary system within the development, through the entire subdivision, including all necessary mains and services, connections to existing mains, and allowances for future extensions, and including any and all interim improvements that may be deemed necessary due to phased or partial construction.

Any sewer line over 8-inch diameter, unless the subdivision is such that the sewer lines need to be sized larger to handle the flows within the development.

Extension Fees for Water and Sewer in SAS Extension area, attached as Appendix 4:SAS Extension Map Exhibit: If the development area is served by sewer and water that the City extended mains to using grant money, the subdivider shall be responsible for paying the per-acre water and sewer connection fee of $610/acre. The subdivider shall pay this fee to the city at the time of the issuance of grading permit or final plat recordation, whichever comes first.

Streets.

Installation: The subdivider shall build all streets within the subdivision with sub-base, base course, and hot-mix asphalt or concrete surface to the satisfaction of the City Engineer.

Street specifications are in Section SR-17(b)(5) of this ordinance.

ADA Facilities: The subdivider shall install ADA curb cuts and sidewalk ramps with curb, gutter, and street improvements.

Sidewalks.

Installation: The subdivider shall build concrete sidewalks along all public right of way frontages on all lots at the time of street improvement.

Sidewalk specifications are in Section SR-17(b)(5) of this ordinance.

Sidewalks adjacent to roads in association with the trails plan: Sidewalks adjacent to roads in association with the City-adopted trails plan, shall be a minimum of ten feet wide as specified in the street cross-section. The subdivider shall bear the cost of the construction of such sidewalks.

Boulevards.

Installation: The subdivider shall construct boulevards of a width specified in Section SR-17(b)(5) of this ordinance and plant boulevard trees along all public right of way frontages as specified below:

Boulevard trees shall be installed on arterial streets and perimeter subdivision streets at the time of street construction or completion of the curb and gutter by the developer. Boulevard trees shall be maintained by developer for a period of three years to ensure establishment. All plants must be planted and maintained according to the City Forestry Department Tree Planting Standards.

All installation of boulevard trees shall be in accordance with Section 25.R of the Ordinance 613 otherwise known as the Zoning Ordinance of the City of Williston.

Utility lines.

Utility easement locations must be approved by all applicable utility companies.

Utility lines in boulevards shall be configured to allow planting of trees along the centerline of the boulevard.

Utility easements may be built along rear lot lines; in such cases, the Codes, Covenants and Restrictions must address maintenance requirements:

If fences will be built over easement, then the easement must be maintained by the homeowner.

If the easement is left empty, then the easement must be maintained by HOA.

Surface Drainage.

The subdivider shall submit a surface drainage plan for the entire project to the City Engineer and Building Official. A stormwater plan for the subdivision and hydrology, hydraulic structure sizing for the subdivision and downstream drainage will be addressed. The subdivider agrees to accept and make provisions to accommodate any stormwater that currently runs into the development site. A site grading and stormwater erosion control plan for the subdivision site will be submitted for approval to the Building Department and City Engineering Department.

Detention basins:

All detention basins shall be on their own individual lots.

All detention basins shall be screened with landscaping or decorative fencing to the satisfaction of the City. Any detention basin with a steeper than 4:1 slope must be fenced. If the detention basin is along a lot frontage, this fence must be decorative in nature (iron, split rail, etc.). In all cases, landscaping shall be included in screening plan, and chain link fence may not be used.

The sides of the detention basin must be grassed with live turf or natural prairie grass as per Section 25.R, Landscaping of Ordinance 613, otherwise known as the Zoning Ordinance of the City of Williston.

The base of the detention basin must be kept free of standing water and must be channelized according to specifications from the City Engineer.

Any grates should meet safety requirements of the City Engineer.

Detention basins are considered required public improvements. Prior to the release of the general performance lien on any phase, including release of the lien to escrow, the developer shall submit to the City a plan depicting proposed landscaping and fencing of the detention basins in that phase and a cost estimate for that landscaping and fencing. The cost of the landscaping and fencing shall be included in the estimate for the escrow.

The developer shall assume all responsibility for the ownership, maintenance, and payment of property taxes of all detention basins and detention basin lots until such time as the detention basins are deeded to a homeowners association (HOA) or similar association as described below.

If an HOA is formed, the conditions, covenants and restrictions (CC&R's) shall state:

Membership in the HOA is mandatory for all property owners who access the easement.

[d]

If the HOA dissolves, the City of Williston can assess the property owners for the cost maintenance of the easements.

Street lighting:

Street lights shall conform to City requirements for street lights.

The subdivider shall furnish and install the street lighting improvements along the public street.

The subdivider shall engineer the street lighting plan and submit the plan for review to the City Engineer.

(11)

Traffic control devices:

The subdivider shall furnish and install street numbering signs, stop signs, and other miscellaneous signs for streets within the subdivision, or located immediately adjacent thereto, to the specifications of the City Engineer and Public Works Director.

Street naming and numbering shall be as approved by the Building Official.

The subdivider shall furnish and install all necessary traffic control devices in accordance with the Manual of Uniform Traffic Control Devices and approved by the City Engineer and Public Works Director.

(12)

Right of way acquisition:

The subdivider shall acquire, at their sole expense, all necessary rights of way and permissions required to construct public infrastructure improvements and intersections improvements required by this ordinance or as directed by the City Commission.

(13)

Centralized mail delivery:

The City Engineer must approve the location of any multiple mailboxes installed in the public right of way.

The subdivider shall provide multiple mailbox enclosures throughout the subdivision in accordance with U.S. Postal Service requirements.

(14)

Access for privately owned utilities:

The subdivider shall install all telephone, gas, electrical power, fiber optic, and cable television underground in designated easements prior to surface improvements.

The subdivider shall submit a dry utilities plan accepted by the franchise utility companies within the city during the platting process and have that plan approved by the City Engineer prior to final plat recordation.

Construction Requirements for Public Improvements.

Submission of all plans and specifications to the City Engineer and Public Works Director prior to construction shall be as follows:

General cost estimates for all public infrastructure improvements that shall include improvements needed to make development operational for water, sewer, streets, concrete curb and gutter, street lighting, and surface drainage.

All costs shall include costs for professional engineering, design, construction, surveying, observations, materials testing & field control to certify to the City that the improvements are installed to meet City standard specifications and as designed. The subdivider shall submit as-built drawings, and all material test and field quality control results for all phases as completed to the City Engineer. Submittal of as-built drawings shall include paper copies and electronic formats. Submittal of items listed herein are a condition of final acceptance.

The subdivider shall use only licensed contractors in compliance with City and North Dakota state law.

The subdivider shall not start public improvements until all plan approvals, right of way acquisition and permits have been approved by the City.

All public improvements installed by the subdivider shall have a one-year warranty after signed final acceptance by the City Engineer.

Commencement of site grading.

In recognition of a short construction season, the City will consider a site grading and storm water erosion control plan permit contingent upon:

Approval of the preliminary plat.

Approval of the construction plans and other required document plans for the public improvements required to be approved by the City.

Letter of authorization from all property owners.

Agreement document to be signed by property owner, developer and City that if the project is not completed within a year, the City will utilize the financial guarantee in item e below to complete the project.

Partial financial guarantee as per Section SR-19(i) below to ensure reclamation of all disturbed area to standard accepted by City Engineering and Development Services, with funds to be released at time of completion.

Commencement of Construction of Improvements.

Construction of public improvements may begin upon:

Recordation of the final plat.

Recordation of the development agreement.

Recordation of the general performance lien or deposit of funds in an escrow account as described in Section SR-19(i) below.

City Engineer and City Planner approval of the final construction plans.

Commencement of vertical construction for subdivisions utilizing a special assessment for infrastructure construction - Building Permits and Certificates of Occupancy.

Building permits for vertical construction, for the whole project or per phase as shown on the approved phasing plan, shall not be issued until:

Curb, gutter public utilities, and substantially complete road are in place.

Street numbering signs identifying each street are in place.

Recordation of the final plat.

Recordation of the development agreement.

Recordation of the general performance lien or deposit of funds in an escrow account as described in Section SR-19(i) of this ordinance.

All erosion control plans and best management practices are in place.

Payment of taxes on property is current.

Certificates of occupancy for any building shall not be issued until:

All required public improvements for the whole project, or for the phase in which the building is constructed, are substantially complete and preliminarily accepted by the City as indicated in Appendix 3: Improvement Acceptance Form.

Editor's Note: Appendix 3 is included as an attachment to this chapter.

Commencement of vertical construction for subdivisions not utilizing a special assessment for infrastructure construction - Building Permits and Certificates of Occupancy.

Building permits for vertical construction, for the whole project or per phase as shown on the approved phasing plan, shall not be issued until:

Curb, gutter public utilities, and aggregate road are in place.

Street numbering signs identifying each street are in place.

Recordation of the final plat.

Recordation of the development agreement.

Recordation of the general performance lien or deposit of funds in an escrow account as described in Section SR-19(i) of this ordinance.

All erosion control plans and best management practices are in place.

Payment of taxes on property is current.

Certificates of occupancy for any building shall not be issued until:

Editor's Note: Appendix 3 is included as an attachment to this chapter.

Phasing.

The subdivider may install improvements in phases. Each proposed phase must demonstrate that upon completion of construction it can function in a self-contained manner for all required public infrastructure without any reliance on or need to construct other phases.

The phasing plan must be approved by the City Engineer and City Planner prior to final plat recordation.

The approved phasing plan shall be attached as exhibit to the development agreement.

(i)

Financial Assurance.

Definitions. As used in this Agreement, the following terms shall have the following meanings:

Estimated Public Improvement Costs: means the estimate of the total cost of the public improvements calculated by the City Engineering Department using the City of Williston Special Assessment Policy adopted April 26, 2016, as amended from time to time (the "Policy").

Standby Letter of Credit: means an irrevocable, revolving instrument in which the issuer (a bank) agrees to honor and guarantee either a monetary or a nonmonetary obligation (such as the performance of construction work), whereby the issuing bank agrees to pay the City of Williston if the bank customer defaults on its obligation. The terms of the Standby Letter of Credit shall self-renew by providing for a continuing line of credit until the Required Public Improvements have been completed.

Required Public Improvements: means the construction and installation of all water, sanitary sewer, storm sewer, and above-ground improvements and services, which expressly includes aggregate road base and surface courses, compaction, street lighting, boulevard trees, sidewalks, street signs, and private utilities. The Required Public Improvements shall be constructed and installed in a manner necessary to serve all lots subject to the Development Agreement or all lots within a phase of the Development Agreement.

The Developer shall finance their portion of the Required Public Improvements.

Financing for the Required Public Improvements may be calculated on a per phase basis.

Financing shall consist of one of the following options, or a combination thereof:

Developer will privately finance their portion of the required improvements. To assure private funding of the required improvements, Developer shall execute and deliver a general performance lien, prepared by the City, on all lots within the subdivision, in favor of the City to prevent private lot sales until all required public improvements have been made and/or accepted by the City. All owners of the subdivided property shall execute the general performance lien prior to final plat recordation. The general performance lien shall be binding on all successors in interest and shall be recorded along with the final plat.

A special assessment district, subject to the terms and conditions defined herein, to defray the expense for the required improvements, as permitted by Ch. 40-22, N.D.C.C. Upon application by Developer to the City seeking the creation of a special assessment district, the City, in its sole and absolute discretion, shall determine whether to create a special assessment district to defray the expense for the required improvements. The City reserves the right to reject, for any cause or reason, any or all applications seeking the creation of a special assessment district. In the event the City determines it is in the best interests of the City and Developer to create a special assessment district to finance the required public improvements for all or some of the lots within a subdivision or development, the creation of a special assessment district shall be subject to the following terms and conditions:

All property taxes of Developer and any of its Affiliates and Subsidiaries are paid and shall remain current;

Developer has provided the City with a certificate of good standing from the North Dakota Secretary of State;

Developer has executed a release of information permitting the City to obtain a financial report and Developer's financial rating from a nationally recognized credit rating company.

Developer shall provide an affidavit stating all outstanding, ongoing, or active lawsuits, liens, bankruptcy proceedings, and judgments, and shall provide the City with notice if at any point throughout the duration of their financial obligation they become party to a lawsuit, lien, bankruptcy proceeding, judgement or other item of material impact.

Developer shall provide the City with a Standby Letter of Credit with an automatic extension clause from an FDIC insured bank for no less than fifty percent (50%) of the construction cost of the Estimated Public Improvement Costs.

The City reserves the right to require a personal guaranty for no less than 50% of the construction cost of the Estimated Public Improvement Costs from a corporate entity or partnership which has a controlling interest in the Developer or a personal guaranty from an individual who is acceptable to the City;

The Parties acknowledge and agree that the provisions of this Agreement relating to the creation of the special assessment district are limited to the Required Public Improvements for the lots designated on an exhibit showing the special assessment district attached to the Development Agreement, within the proposed development. Any future request by Developer to utilize a special assessment district for other phases of the proposed development to defray the expense of the Required Public Improvements will be subject to the express approval of the City.

Developer shall make the owners of all lots aware of the assessment of infrastructure costs through a Notice of Special Assessment Agreement recorded against all properties in the special assessment district.

Prior to creating a future special assessment district to defray the expense of the required improvements, the City shall take into account the City's current debt load and Developer's financial rating, among other things.

The determination of required improvements is set forth in the Development Agreement.

No certificates of occupancy shall be issued in a phase until all required public improvements have been accepted by the City; provided that lots with the required public infrastructure which has been constructed by the City are considered accepted by the City.

Final release of lien is contingent on the City's acceptance of completed improvements.

Standby letter of credit and any other forms of security shall be released pro-rata on an annual basis as properties are conveyed to a third party or upon full payment of bond.

The City Engineer, City Finance Director, and Development Services Director must approve any release of lien, release of lien to escrow, or release of escrow.

(j)

Development Agreement.

A development agreement is required for all subdivisions requiring the construction of public improvements as described above.

The development agreement shall be signed by all owners of the subdivided property prior to final plat recordation.

The development agreement shall be binding on all successors in interest.

The development agreement shall be recorded along with the final plat.

The standard development agreement contains all items listed in Section SR-19: Obligations of Subdivider and may be found in Appendix 2: Standard Development Agreement

Editor's Note: Appendix 2 is included as an attachment to this chapter.

The City Commission may approve Special Provisions to the development agreement that are specific to the individual project, which may include but is not limited to a subdivision variance. If any standard provisions of the development agreement conflict with or contravene the special provisions section of the development agreement, the special provisions section of the development agreement shall prevail.

(k)

Common Area Ownership and Maintenance - Homeowners Association and Conditions, Covenants, and Restrictions (CC&R's).

Common Area Maintenance.

For any subdivision having any common area, including detention basins as described in above, the subdivider shall create either:

A Homeowners Association (HOA), with the developer assuming all responsibility for ownership and maintenance of said common areas until such time as those common areas are turned over to the HOA;

A perpetual agreement between all owners, assigns, successors, and heirs within the subdivision who use or access the common area, delineating responsibilities for snow clearing, maintenance, etc. as well as agreement and creation of a payment scheme for such maintenance. This agreement must state that the easement be maintained in a clean, orderly and weed free manner, including pavement repair and snow removal.

AND

A waiver of protest for the creation of a future common area improvement district to be recorded with the entitlement, allowing the City to create and assess property owners using or accessing the common area in order to undertake snow clearing, maintenance, etc. Until such time as that improvement district is created, all associated agreements dealing with utilities or access to the property(ies) shall identify that such services are via private conveyance and as such are not the responsibility of the City.

Membership in the HOA or agreement as noted above is mandatory for all homeowners.

If an HOA is created, then:

The HOA shall own all common areas and is empowered to assess the members of the association for the cost of maintenance of those areas and the cost of property taxes.

The HOA shall be responsible for liability insurance for the common areas.

The HOA shall have a management plan for the use and permanent maintenance of the common areas.

The HOA shall grant the City the ability to assess the property owners for the cost of maintenance of the common areas and for property taxes if the HOA dissolves.

Verification from the state of North Dakota of the establishment of the HOA must be submitted and recorded with the final plat.

Conditions, Covenants and Restrictions.

For any subdivision having any common area, the subdivider shall submit a declaration of conditions, covenants, and restrictions (CC&R's) to City for review and approval prior to recordation of the final plat.

The CC&R's shall be recorded along with the final plat.

The CC&R's shall provide for all the requirements in (k)(1) above, including requiring:

Creation of a common areas maintenance agreement or homeowner's association (HOA)

Membership in the HOA or common areas maintenance agreement is mandatory for all homeowners.

If there is an HOA:

That the HOA owns all common areas and is empowered to assess the members of the association for the cost of maintenance of those areas and the cost of property taxes.

That if the HOA dissolves, the City can assess the property owners for the cost of maintenance of the common areas and for property taxes.

The HOA shall be responsible for liability insurance for the common area.

SECTION SR-20 Subdivision variances.

[Amended 10-25-2022 by Ord. No. 1132]

General Conditions:

The Planning Commission may recommend a variance from the provisions of this Ordinance when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the Commission shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, as required herein below, the Commission shall take into account the nature of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Commission finds:

That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of their land when compared to the reasonable use of land as enjoyed by neighboring land owners.

The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

That the granting of the variance will not be detrimental to the public welfare or injurious to other property or property values in the territory in which said property is situated.

Applications Required:

Applications for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for consideration by the Commission, stating fully and clearly all facts relied upon by the petitioner and shall be supplemented with maps, plans or other additional data which may aid the Commission in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan.

Variances approved or granted will be delineated in the Development Agreement. This Subdivision Variance section does not supersede or alter the variance procedure of Ordinance 613, otherwise known as the Zoning Ordinance of the City of Williston.

SECTION SR-21 Enforcement.

[Amended 10-25-2022 by Ord. No. 1132]

Validity:

No plat or subdivision of the City of Williston or within the extra territorial limits thereof shall be recorded or filed with the Williams County Register of Deeds, nor shall any plat or subdivision have any validity until it complies with the provision of this ordinance and has been approved by the City Commission and the applicable Planning Commissions, as prescribed herein.

City Funds Expended: