Land having topographical or subsurface conditions hazardous to the health, safety or general welfare of persons or property in or near a proposed subdivision shall not be subdivided unless the construction of protective improvements will eliminate the hazards or unless land subject to the hazard is restricted to uses which will not expose persons or property to the hazard. Protective improvements consistent with the standards established in Article VI shall be constructed, prior to final plat approval unless a performance bond acceptable to the town engineer and town council is filed in lieu of the improvements.
(Ord. 428 § 16.08.050, 1998)
(1) 
Every subdivision shall include adequate provision for dedication of drainage-ways, streets, alleys, easements, slope rights, parks and other public open spaces for general purposes as may be required to protect the public health, safety and welfare.
(2) 
Protective improvements and easements to maintain the improvements shall be dedicated at the discretion of the town.
(3) 
Convenient pedestrian and vehicular access to every lot by way of a dedicated street or permanent appurtenant easement shall be provided. Access from a dedicated street shall be required, unless the town engineer determines that the following conditions exist, and permits access by a permanent private easement:
(a) 
Access by easement would not compromise the goals of CMC Title 19 to provide for adequate light, air and usable open space between structures; and
(b) 
The dedication and improvement of a street is not necessary or desirable to facilitate adequate water supply for domestic water purposes or for fire protection, or to facilitate adequate storm drainage; and
(c) 
The dedication and improvement of a street is not necessary or desirable in order to provide on-street parking for overflow conditions; and
(d) 
No potential safety hazards would result from multiple access points between existing and future developments onto a roadway without curbs and with limited sight lines; and
(e) 
There is not potential for extending the street system.
(4) 
If the town council concludes that the public interest will be served the town council may, in lieu of requiring the dedication to the public of land in a subdivision for protective improvements, drainage-ways, streets, alleys, sidewalks, parks and other open space, allow the land to be conveyed to a homeowner’s nonprofit maintenance corporation. In that case the subdivider shall, at or prior to the time of filing a final plat for approval, supply the director with copies of articles of incorporation and bylaws of the grantee organization and with evidence of the conveyance or of a binding commitment to convey. The articles of incorporation shall provide that membership in the corporation shall be conditioned upon ownership of land in the subdivision, that the corporation is empowered to assess the land for costs of construction and maintenance of the improvements and property owned by the corporation, and that the assessment shall be a lien upon the land. The town attorney shall review and approve the articles of incorporation and bylaws as to compliance with this provision. The town council may impose other conditions as it deems appropriate to assure that property and improvements owned by the corporation will be adequately constructed and maintained.
(5) 
Any dedication, donation or grant as shown on the face of the plat shall be considered, to all intents and purposes, as a quitclaim deed to the grantee or grantees, for his, her or their use for the purpose intended by the donors or grantors.
(6) 
Dedicated streets, alleys and easements shall meet the requirements of Chapter 12.04 CMC, Engineering Design Standards, as adopted or amended by the town council. Easements shall meet the engineering design standards of Chapter 12.04 CMC for access streets, except that the minimum width of an easement shall be 30 feet.
(Ord. 428 § 16.08.052, 1998; Ord. 736, 2015)
The town council shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall consider all relevant facts to determine whether the public interest will be served by the subdivision and dedication, and if it finds that the proposed plat makes appropriate provision for the public health, safety and general welfare and for open spaces, drainage-ways, streets, alleys, other public ways, water supplies, sanitary wastes, fire protection facilities, parks, playgrounds, sites for school and school grounds and that the public use and interest will be served by the platting of subdivision, then it shall be approved. If it finds that the proposed plat does not provide the appropriate elements or that the public use and interest will not be served, then the town council may disapprove the proposed plat. Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The town council shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners.
(Ord. 428 § 16.08.054, 1998)