PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES October 7, 2008 A meeting of the Pennington County Board of Commissioners was held on Tuesday, October 7, 2008, in the Commissioners' meeting room of the Pennington County Courthouse. Chairperson Brenda Young called the meeting to order at 9:00 a.m. with the following Commissioners present: Gale Holbrook, Jim Kjerstad, Ethan Schmidt, and Nancy Trautman. REVIEW AND APPROVE AGENDA MOVED by Holbrook and seconded by Schmidt to approve the agenda with the following changes: Remove and postpone Item P, Discussion of Water Protection Ordinance, under Planning and Zoning; Under Items from Emergency Management Item A should be for the 2008 grant not 2009; Add Indian Creek land exchange under items from the public for information purposes only. Vote: Unanimous. REVIEW MINUTES MOVED by Schmidt and seconded by Holbrook to approve the minutes of the September 16, 2008, Board of Commissioners’ meeting with a correction on the motion that approved the minutes of the September 2, 2008, the motion should have read MOVED by Kjerstad and seconded by Schmidt instead of MOVED by Schmidt and seconded by Schmidt; and further move to approve the minutes for the September 19, 2008, September 22, 2008 and the September 26, 2008, special meetings. Vote: Unanimous. ITEMS FROM THE AUDITOR A. DEPARTMENT OF LEGISLATIVE AUDIT EXIT INTERVIEW – BRUCE HINTZ: MOVED by Schmidt and seconded by Trautman to authorize the chairs signature to the representation letter from the Department of Legislative Audit regarding the 2007 audit. Vote: Unanimous. B. CANCELLATION OF OUSTANDING CHECKS: MOVED by Holbrook and seconded by Kjerstad to authorize the Auditor’s Office to cancel the following list of outstanding checks and to remit the total dollar amount of $1,614.95 to the State Treasurer: Matthew Davis, Check No. 52064, 15.12; Elissa Erickson, Check No. 52076, 11.28; Joel Gordanier, Check No. 52093, 11.92; Claude Meyer, Check No. 52154, 13.20; Nicholas Rihanek, Check No. 52190, 11.92; Robin Tuttle, Check No. 52231, 16.40; Thor VanAuken, Check No. 52236, 14.48; Shirley Herrald, Check No. 52497, 20.00; Kenneth Stephens, Check No. 53089, 39.12; Leroy Clark, Check No. 53136, 11.92; Dennis Lyons, Check No. 53234, 11.92; Ralph Maastricht, Check No. 53235, 11.92; Jean Metzger, Check No. 53240, 11.92; Tara Moore, Check No. 53246, 10.24; Timothy Moran, Check No. 53247, 13.84; Heather Peckham, Check No. 53266, 11.92; Robert Peterson, Check No. 53268, 15.12; Richard Purdy, Check No. 53273, 13.20; Shaun Rossow, Check No. 53282, 16.40; Mike Richardson, Check No. 53556, 90.00; Gene Baldwin Ranch Acct, Check No. 53658, 36.74; David Sims, Check No. 53720, 14.35; Clarice Strubble, Check No. 53725, 6.60; First American Equity, Check No. 53796, 10.00; Sean Rensch, Check No. 54343, 20.00; Jack McKinzie, Check No. 54552, 5.00; Lauraette Dixon, Check No. 54692, 15.12; Gaylin Holyrock, Check No. 54727, 13.20; Lanette Kiefer, Check No. 54742, 12.56; William Pahdocony, Check No. 54780, 11.28; Wilshire Credit Corp, Check No. 55569, 10.00; Samantha Heutzenroeder, Check No. 55641, 13.84; McClane, Check No. 55660, 14.72; Gerald Murner, Check No. 55669, 13.20; Verner Bjorken, Check No. 55740, 14.50; Wells Fargo Bank NA, Check No. 55807, 10.00; Suntrust Mortgage Inc, Check No. 55817, 12.00; Michael Johnson, Check No. 56104, 20.00; Jeffery Wolfe, Check No. 56353, 20.00; Arleth & Associates, Check No. 56755, 10.00; Stephanie Jo Olson, Check No. 56895, 2.56; Linda Vangerpen, Check No. 56946, 13.20; David Westergaard, Check No. 56950, 19.60; Jason Willmes, Check No. 56955, 19.60; Verdugo Trustee Srvc Corp, Check No. 57008, 12.00; Bruce King, Check No. 57609, 11.08; Francis Reynolds, Check No. 57656, 19.18; Curt Weiman, Check No. 57794, 103.33; Dawn Epley, Check No. 57834, 10.00; Clay Volmer, Check No. 57908, 14.00; Lathisha Knight, Check No. 58210, 20.00; Anthony Madsen, Check No. 58232, 20.00; Argent Mortgage Co, Check No. 58493, 18.00; Wells Fargo Financial SD, Check No. 58522, 5.00; Christopher Goewert, Check No. 58712, 13.84; Melissa Jetson, Check No. 58740, 21.28; Juanita Seth, Check No. 58825, 13.20; Duane Suedmeier, Check No. 58841, 10.00; Sharli Mills, Check No. 59284, 20.00; Jocelyn Durkee, Check No. 59701, 1.50; Lazy L 7 Ranch Family Par, Check No. 59711, 33.40; Aric Graff, Check No. 59799, 2.21; Roy McNeary, Check No. 59830, 5.00; Raye Bledsoe, Check No. 59896, 11.92; Dustin Calhoun, Check No. 59906, 1.92; Bobbi Gusman- Archambault, Check No. 59963, 15.12; James Hagel, Check No. 59966, 15.12; Nicholas Phillipe, Check No. 60040, 10.64; Clayton Quinton, Check No. 60049, 11.28; Kristine Steele, Check No. 60085, 10.64; Melissa Suhr, Check No. 60088, 16.40; Amanda Whitney, Check No. 60112, 17.04; Jani Young, Check No. 60119, 11.92; Virginia Armour, Check No. 60196, 0.34; Wendy Deschaine, Check No. 60202, 1.58; John Manzano, Check No. 60514, 20.00; Dania Stranger Horse, Check No. 60721, 21.60; UCC Direct, Check No. 60825, 20.00; Wallace Bathel, Check No. 60827, 0.44; Christi Kotschwar, Check No. 60998, 67.36; Timothy Miller, Check No. 61017, 175.36; Kenneth Krug, Check No. 61263, 91.96; Dawn Traversie, Check No. 61700, 20.00; Nick Prochello, Check No. 61781, 11.38. Vote: Unanimous. ITEMS FROM THE SHERIFF A. JAIL ANNEX COMPLETION PROJECT – CHANGE ORDER #2: MOVED by Schmidt and seconded by Trautman to approve Change Order Number 2 for the Jail Annex Completion Project and authorize the chair’s signature thereto. Vote: Unanimous. ITEMS FROM EMERGENCY MANAGEMENT A. 2008 OFFICE OF HOMELAND SECURITY GRANTS: MOVED by Schmidt and seconded by Trautman to accept the 2008 Regional Homeland Security Grant to include Citizens Corps Grant in the amount of $680,505.79 and authorize the chairs signature to the grant agreement. Vote: Unanimous. A. FREE FLU SHOT CLINIC – POINT OF DISPENSING EXERCISE: MOVED by Kjerstad and seconded by Holbrook to support the Flu Shot Clinic/Point of Dispensing Exercise to be held on November 12, 2008, and allow employees to serve as volunteers during their normal working hours and receive their normal pay for those hours with the permission of their department head. Vote: Unanimous. ITEMS FROM THE STATES ATTORNEY A. REQUEST FOR EXCEPTION TO COUNTY POLICY: MOVED by Holbrook and seconded by Kjerstad to continue this item to the October 21, 2008, Board of Commissioners' meeting. Vote: Unanimous. ITEMS FROM EQUALIZATION A. WEBSITE ASSESSMENT: MOVED by Holbrook and seconded by Schmidt Holbrook to authorize the Department of Equalization to move forward with linking the newly established website for property searches to the Pennington County web site with no charge to the public for accessing the information. Vote: Unanimous. CONOTA/SCENIC BASIN LAND PURCHASE PROPOSAL: MOVED by Schmidt and seconded by Kjerstad to continue this item to the November 7, 2008, Board of Commissioners' meeting. Vote: Unanimous. ITEMS FROM CENTRAL STATES FAIR A. REIMBURSEMENT REQUEST: MOVED by Schmidt and seconded by Trautman to reimburse Central States Fair, Inc. $54,689.49 for repairs, maintenance and beautification that has been completed at the Pennington County Fairgrounds. Vote: Unanimous. SURPLUS PROPERTY AUCTION RESULTS – TODD MCPHERSON: MOVED by Schmidt and seconded by Holbrook to accept the bid of $40,000 from Richard Hullinger and Tobin Karn, for Parcel ID 27029 and 27030 and authorize the chair’s signature to all necessary documents. Vote: Unanimous. MOVED by Holbrook and seconded by Kjerstad to accept the bid of $29,500 from Kathy and Larry Johnson for Parcel ID 48254 and authorize the chair’s signature to all necessary documents. Vote: Unanimous. MOVED by Kjerstad and seconded by Holbrook to accept the bid of $6,700 from Black Hills Area Habitat for Humanity for Parcel ID 40688 (Tax Deed 07-111) and authorize the chair’s signature to all necessary documents. Vote: Unanimous. STAFFING STUDY – CONDREY AND ASSOCIATES: MOVED by Holbrook and seconded by Trautman to continue this item to the October 21, 2008, Board of Commissioners' meeting. Vote: Unanimous. BOARD OF ADJUSTMENT MOVED by Trautman and seconded by Holbrook to convene as a Board of Adjustment. Vote: Unanimous. A. VARIANCE / VA 08-27: Walter Whitcher; Martha Whitcher – Agent. To reduce the minimum required lot size from 40 acres to 2.5 acres in a General Agriculture District to allow for a Governor’s House to be placed on the property in accordance with Sections 205 and 509 of the Pennington County Zoning Ordinance. SE1/4NE1/4SE1/4NE1/4, Section 1, T4S, R14E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Holbrook to accept staff recommendation to approve VA 08-27 with the following two conditions: 1. That the address be posted at both the driveway and on the residence itself in accordance with Ordinance #20; and, 2. That a Building Permit be obtained for any new structures exceeding 144 square feet and located on a permanent foundation, which will require a site plan to be reviewed and approved by the Pennington County Planning Director. Vote: Unanimous. B. VARIANCE / VA 08-28: Anna Raue; Sperlich Consulting – Agent. To reduce the minimum required lot size from 10 acres to 6.9 acres in a Limited Agriculture District in accordance with Sections 206 and 509 of the Pennington County Zoning Ordinance. EXISTING LEGAL: Lot 2, Jones Ranch Subdivision, Section 36, T1N, R9E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot 2R, Jones Ranch Subdivision, Section 36, T1N, R9E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Kjerstad to accept staff recommendation to approve VA 08-28 with the following three conditions: 1. That future structures and utilities, including the on-site wastewater system, maintain proper setbacks to the proposed lot lines or else approved Variances be obtained; 2. That the northern 256 feet of Lot 2 be rezoned to General Agriculture District; and, 3. That a Building Permit be obtained for any new structures exceeding 144 square feet and located on a permanent foundation, which will require a site plan to be reviewed and approved by the Pennington County Planning Director. Vote: Unanimous. MOVED by Kjerstad and seconded by Schmidt to adjourn as a Board of Adjustment and reconvene as a Board of Commissioners. Vote: Unanimous. STAFFING STUDY: MOVED by Trautman and seconded by Schmidt to reconsider the motion made regarding the continuance of the staffing study. Vote: Unanimous. MOVED by Trautman and seconded by Kjerstad to proceed with the staffing study to be conducted by Condrey and Associates, and further move that fifty percent of the funding for said project shall come from contingency funds with the remainder to be split among the departments according to the number of employees in each department. Vote: Unanimous. PLANNING AND ZONING C. ROAD CONSTRUCTION WITHIN A SECTION LINE / CS 08-01: Lana and Paul Wright. To construct a road within the Section Line Right-of-Way located between Sections 20 and 21. Starting in T2N, R7E and ending at the south boundary of the W1/2NE1/4 and the NW1/4 of Section 21, T2S, R7E, BHM, Pennington County, South Dakota in a Limited Agriculture District/General Agriculture District in accordance with Section 500.5 of the Pennington County Subdivision Regulations. MOVED by Kjerstad and seconded by Trautman to continue this item to the October 21, 2008, Board of Commissioners' meeting. Vote: Unanimous. D. SECOND READING OF REZONE / RZ 08-12 AND COMPREHENSIVE PLAN AMENDMENT / CA 08-05: Kathy O’Donnell; Ron Bradeen – Agent. MOVED by Trautman and seconded by Kjerstad to approve the second reading of RZ 08-12 and CA 08-05. Vote: Unanimous. ORDINANCE NO. RZ 08-12 AN ORDINANCE AMENDING SECTION 508 OF THE PENNINGTON COUNTY ZONING ORDINANCE, REZONING THE WITHIN DESCRIBED PROPERTY: BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY COMMISSION THAT THE PENNINGTON COUNTY ZONING ORDINANCE BE AND HEREBY IS AMENDED BY AMENDING THE ZONING OF THE FOLLOWING DESCRIBED PROPERTY: NE1/4NE1/4 in Section 35 and That Part of SE1/4SE1/4 lying south of Deerfield Road in Section 26, all located in T1N, R3E, BHM, Pennington County, South Dakota. The above-described property is hereby rezoned from General Agriculture District to Low Density Residential District. Dated this 7th day of October, 2008. PENNINGTON COUNTY COMMISSION /s/Brenda Young, Chairperson ATTEST: /s/Cindy Mohler, Deputy Auditor E. ROAD NAMES - CUSTER TRAILS SUBDIVISION. Dan and Nancy Evangelisto. MOVED by Trautman and seconded by Schmidt to continue this item to the October 21, 2008, Board of Commissioners’ meeting. Vote: Unanimous. F. FINAL PLAT / PL 08-43: Cheyenne River Ranchettes; Sperlich Consulting – Agent. To create Lot 1R of Three Forks Subdivision in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lots B, D, E, & F and Private Roadway of Wisconsin Placer M.S. 910, Lots 1 through 14 of Three Forks Subdivision of M.S. 910, a portion of Lot 1 of Lot A of Whaley Subdivision, and a portion of Lot B less Lot H1 of Lot B of Whaley Subdivision, located in the NW1/4, Section 22, T1S, R5E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot 1R, Three Forks Subdivision, Section 22, T1S, R5E, BHM, Pennington County, South Dakota MOVED by Trautman and seconded by Kjerstad accept the recommendation of the Planning Commission to approve PL 08-43 with the following fourteen conditions: 1. That a revised site plan be submitted at the time of Final Plat submittal identifying all existing structures on-site, including all On-Site Wastewater Systems and easements; 2. That at the time a Rezone request is submitted, the applicant provides a site plan of the proposed layout of the property for review; 3. That at the time of Final Plat submittal, the applicant provides the storage capacity and gallons per minute for the existing well(s) on the property; 4. That the emergency exit be clearly marked on-site; 5. That prior to submittal of the Final Plat, the fire pits located on the eastern property line must be removed and relocated; 6. That the applicant obtains approval from the South Dakota Wildland Fire Suppression Division for all fire pits located on-site. A copy of the approval letter shall be submitted at the time of Final Plat submittal; 7. That the applicant attempt to establish an easement between Lots 2 and 3 of Whaley Subdivision for the emergency exit; 8. That any RV site or tent sites located on any portion of the On-Site Wastewater Systems be removed; 9. That prior to County Board approval of the Final Plat, the applicant installs some type of barrier (i.e. fence, boulders) around the existing drainfield systems to prevent any parking and/or camping over the top of them; 10. That eight (8) foot utility easements be dedicated on the interior sides and rear of all lot lines on the Final Plats; 11. That prior to County Board approval of the Final Plat, the well house be relocated to meet the setback requirements of the Planned Unit Development; 12. That prior to the issuance of any future Building Permits, the applicant must apply for and obtain an approved Setback Variance for the encroachment of the Office Building within the front yard setback requirement. Administrative fees will be assessed at the time the Variance is applied for due to the covered walkway being constructed without an approved Building Permit; 13. That Black Hills Power’s rights to operate and maintain the power lines are not diminished or adversely affected in any way by the proposed subdivision; and, 14. That the applicant ensures all improvements stay within the private property boundaries. Vote: Unanimous. G. MINOR PLAT / PL 08-42 AND SUBDIVISION REGULATIONS VARIANCE / SV 08-14: Anna Raue; Sperlich Consulting – Agent. To create Lot 2R of Jones Ranch Subdivision and to waive topography at 2 foot contour intervals, percolation test results and soil profile information, improving Caputa Loop Road to Local Road Standards, and engineered road construction plans in accordance with Section 400.2 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lot 2, Jones Ranch Subdivision, Section 36, T1N, R9E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot 2R, Jones Ranch Subdivision, Section 36, T1N, R9E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Kjerstad accept the recommendation of the Planning Commission to approve SV 08-14 and PL 08-42 with the following six conditions: 1. That prior to County Board approval of the Final Plat, engineered road construction plans be submitted for Caputa Loop Road to be improved to Local Road Standards or a Subdivision Regulations Variance be obtained waiving this requirement; 2. That prior to Preliminary Plat submittal, the applicant submits percolation tests and soil profile information for proposed Lot 2R to be reviewed and approved by the Environmental Planner or obtain approval of a Subdivision Regulations Variance waiving this requirement; 3. That the northern 256 feet be rezoned to General Agriculture District, vacated, and then added to the unplatted balance of the SE1/4 of Section 36; 4. That a note be placed on the plat which states: “This plat is vacating Lot 2 of Jones Ranch Subdivision recorded in Plat Book___Page___”; 5. That at the time of submittal of the Preliminary Plat, the applicant submits topography at 2 foot contour intervals or obtain approval of a Subdivision Regulations Variance waiving this requirement; and, 6. That prior to filing the plat with Register of Deeds, Lots 2R be rezoned to Low Density Residential District or a Lot Size Variance be obtained. Vote: Unanimous. H. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT AMENDMENT / PU 08-11: Burt and Shirley Brown; Mike Derby – Agent. To amend the Planned Unit Development to allow for the addition of two motels for rental purposes in accordance with Section 213 of the Pennington County Zoning Ordinance. Tract 1A, Bryant Addition, Section 5, T3S, R13E, BHM, Pennington County, South Dakota MOVED by Trautman and seconded by Schmidt accept the recommendation of the Planning Commission to deny PU 08-11 without prejudice. Vote: Unanimous. I. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT AMENDMENT / PU 08-09: William and Sharon Gikling; Gerald Larson (Unique Signs) – Agent. To amend the Planned Unit Development to change the advertising on an existing illuminated sign located on the property from on-premise to off-premise advertising and to also reduce the required distance to the nearest dwelling unit from 1,500 feet to 0 feet, to reduce the required distance to the nearest off-premise sign from 1,500 feet to 500 feet, and to enlarge the maximum size limit for an off-premise sign from 250 feet to 480 feet in accordance with Section 213 of the Pennington County Zoning Ordinance. Lot 1, Schwarz Subdivision, Section 13, T1S, R6E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman accept the recommendation of the Planning Commission to deny PU 08-09 without prejudice with the applicant’s concurrence. Vote: Unanimous. J. LAYOUT PLAT / PL 08-44: Kathleen Kaul. To create two lots of Kaul Subdivision in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Part of S1/2SE1/4 lying south of Highway less ROW and less Tract A, Wiese Addition, Section 35, T1N, R9E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots 1 and 2, Kaul Subdivision, Section 35, T1N, R9E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Kjerstad accept the recommendation of the Planning Commission to approve PL 08-44 with the following eleven conditions: 1. That prior to County Board approval of the Final Plat, the applicant improve Antelope Creek Road to Local Road Standards, a surety be posted for the road improvements, or else an approved Subdivision Regulations Variance be obtained waiving this requirement; 2. That prior to applying for the Preliminary Plat, the applicant provide adequate percolation test results, which includes eight foot soil profile information for proposed Lot 1 to be reviewed by the Pennington County Environmental Planner or else obtain an approved Subdivision Regulations Variance waiving this requirement; 3. That an approved On-Site Wastewater Construction Permit be obtained prior to any wastewater system being installed on either of the proposed lots or alterations being conducted to the existing wastewater systems located on proposed Lot 2; 4. That a utility easement be dedicated on proposed Lot 2 for the septic system utilized by the residence on proposed Lot 1 or else the applicant properly abandon this system in accordance with Chapter 74:53:01:11 of the Administrative Rules of South Dakota and install a new on-site wastewater system within the boundaries of proposed Lot 1 prior to Final Plat approval; 5. That appropriate easements be dedicated along the interior of all lots lines on the Preliminary Plat in accordance with the West River Electric Association’s comments or an approved Subdivision Regulations Variance be obtained waiving this requirement; 6. That a new address be assigned for the second residence on the property and both addresses be properly posted in accordance with Ordinance #20; 7. That prior to approval of the Final Plat, the proposed lots either be rezoned to Low Density Residential District or else the applicant obtains Lot Size Variances to reduce the minimum lot size requirement in a General Agriculture District; 8. That proper setbacks be maintained as a result of the proposed subdivision, including 25 feet from all property lines for structures and 10 feet for septic systems, or else an approved Setback Variance be obtained for any existing or future structures; 9. That the proposed lots share an approach off of Antelope Creek Road and non-access easements be dedicated accordingly along the frontage of proposed Lots 1 and 2 unless otherwise approved by the County Highway Department; 10. That at the time of submittal for the Preliminary Plat, the plat meets all the requirements of Section 400.2 of the Pennington County Subdivision Regulations, including the Preliminary Plat to be scaled at not more than one inch equals one hundred feet, and topographic information be provided of the subject property at two foot contour intervals or the applicant obtains an approved Subdivision Regulations Variance waiving any of these requirements that are not met; and, 11. That approval of this Layout Plat does not constitute approval of any further applications to be submitted for the above-described property. Vote: Unanimous. K. LAYOUT PLAT / PL 08-45: Richard Knecht; Buckhorn Surveying – Agent. To create Glendale No. 3 of Glendale Subdivision in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Less Part of Lot AR1 and ROW of Iron Creek Lode MS; Less part of Lot AR1 and ROW of Reciprocity Lode MS; Less part of Lot AR1 and ROW of Garrison Fraction Lode MS all in Section 14, T2S, R6E and Less S360 feet (also in Section 14) of Flume Lode MS; Less S360 feet (also in Section 14) of Hermosa #2 Lode MS all in Section 23, T2S, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Glendale No. 3, Glendale Subdivision, Sections 14 and 23, T2S, R6E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Kjerstad accept the recommendation of the Planning Commission to approve PL 08-45 with the following eleven conditions: 1. That prior to County Board approval of the Final Plat, the applicant improve both Section Lines to Ordinance 14 Standards, a surety be posted for the road improvements, or else an approved Subdivision Regulations Variance be obtained waiving this requirement; 2. That prior to applying for the Preliminary Plat, the applicant provide adequate percolation test results, which includes eight foot soil profile information for the proposed Glendale No. 3 lot to be reviewed by the Pennington County Environmental Planner or else an approved Subdivision Regulations Variance be obtained waiving this requirement; 3. That prior to approval of the Minor Plat, the property either be rezoned to Low Density Residential District or else the applicant obtain a Lot Size Variance to reduce the minimum lot size requirement in a General Agriculture District; 4. That proper setbacks be maintained as a result of the proposed lot configuration, including 25 feet for structures and 10 feet for septic systems for all property lines and 58 feet from the center of all Section Lines, or else an approved Setback Variance be obtained for any future structures; 5. That the location of an approach be identified on a site plan submitted with the Minor Plat application and the applicant apply for and obtain approval of an Approach Permit from the Pennington County Highway Department; 6. That the property owner’s name, Richard L. Knecht, be included on the owner’s signature block of the Minor plat document; 7. That the conflicts referred to in the Department of Equalization’s comments be resolved prior to submittal of the Minor Plat; 8. That the unplatted balances of the Mineral Surveys that will remain as a result of the proposed creation of Glendale No. 3 be brought into compliance with the Pennington County Zoning Ordinance in terms of their lot size prior to issuance of any Building Permits on these unplatted balances; 9. That all U.S. Forest Service boundary markers are protected and maintained; 10. That at the time of submittal for the Preliminary Plat, the plat meets all the requirements of Section 400.2 of the Pennington County Subdivision Regulations, including the Preliminary Plat to be scaled at not more than one inch equals one hundred feet, and topographic information be provided of the subject property at two foot contour intervals or the applicant obtains an approved Subdivision Regulations Variance waiving any of these requirements that are not met; and, 11. That approval of this Layout Plat does not constitute approval of any further applications to be submitted for the above-described property. Vote: Unanimous. L. SUBDIVISION REGULATIONS VARIANCE / SV 08-13: Ron Rossknect/Tim Rossknect. To waive percolation tests and soil profile information on Lot 1, topography at 2 foot contour intervals, a second means of ingress/egress, road construction requirements, and engineered road plans for Lots 1 and 2 in accordance with Section 400.2 of the Pennington County Subdivision Regulations. MOVED by Trautman and seconded by Schmidt to continue this item to the October 21, 2008, Board of Commissioners’ meeting. Vote: Unanimous. M. SECOND READING OF PLANNED UNIT DEVELOPMENT / PUD 08-08: CMR, LLC; Dale Froehlich – Agent. MOVED by Trautman and seconded by Kjerstad to approve the second reading of PUD 08-08. Vote: Unanimous. ORDINANCE NO. PUD 08-08 AN ORDINANCE AMENDING SECTION 508 OF THE PENNINGTON COUNTY ZONING ORDINANCE, REZONING THE WITHIN DESCRIBED PROPERTY: BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY COMMISSION THAT THE PENNINGTON COUNTY ZONING ORDINANCE BE AND HEREBY IS AMENDED BY AMENDING THE ZONING OF THE FOLLOWING DESCRIBED PROPERTY: The SW1/4SW1/4 of Section 25; the N1/2NW1/4 less ROW of Section 36; and the S1/2, SE1/4 and the SE1/4SW1/4 of Section 26, all located in T1S, R3E, BHM, Pennington County, South Dakota. The Planned Unit Development uses are hereby approved in accordance with the following conditions: Planning Commission recommended approval of Planned Unit Development 08-08 with the following twenty (20) conditions: 1. That the PUD allows 31 lots to be preliminary platted and only 20 of the lots be final platted for single-family residential use. The balance of the property is to remain common area, which will allow for an arena/horse stable, maintenance storage building, barn/manager’s cabin, two visitor’s cabins, fire tower and lodge; 2. That the required setbacks for all structures within the PUD be a minimum of 25 feet from all property lines; 3. That prior to County Board approval of the Final Plat, the applicant obtain a Special Use Permit from the U.S. Forest Service for maintenance of Medicine Mountain Road; 4. That prior to County Board approval of the Final Plat, the internal roads must be improved to a minimum of Local Road Standards with a minimum right-of-way of 50 feet with a minimum driving surface of 24 feet or obtain approval of a Subdivision Regulations Variance waiving this requirement; 5. That Building Permits be obtained for any structure exceeding 144 square feet or located on a permanent foundation, which includes the necessary site plans to be reviewed and approved by the Planning Director; 6. That all structures be setback a minimum of 58-feet from all Section Lines; 7. That prior to the issuance of the first Building Permit, the applicant must form a Road District for the maintenance and upkeep of all platted public rights-of-ways; 8. That the keypad for the gated entrances have a number chosen by the Hill City Fire Department for consistency and that the adjacent keyed lock will have a lock acceptable to the Hill City Fire Department and ambulance; 9. That the guest homes have at least one 2A-BC dry chemical fire extinguisher accessible to all guests at all times on each floor or structure; 10. That all structures within the common areas have addresses posted inside each structure for the guests and outside each cabin for emergency location purposes; 11. The minimum lot size for the development shall be 1.75 acres; 12. That prior to County Board approval of the Final Plat, a Special Use Permit be obtained from the U.S. Forest Service for access to proposed Tract 1; 13. That all septic systems be designed and certified by an engineer and be accompanied by engineered soil profile information and percolation tests; 14. That prior to County Board approval of the Final Plat, the applicant shall submit a Fire Protection Plan for review and approval by the Pennington County Fire Coordinator and Hill City Fire Chief; 15. That a Homeowner’s Association be created for the maintenance of the road, community water system, and all common areas and structures; 16. That this Planned Unit Development be reviewed in two (2) years to determine that all conditions of approval are being met; 17. That the Planning Director may allow additional development or construction, which is consistent with the existing development on this property. Significant changes in the use or impacts on adjacent land, uses as determined by the Planning Director, shall require an amendment to this Planned Unit Development; 18. No structure shall exceed three stories or 35 feet in height except as allowed in Section 204 (F) of the Zoning Ordinance; 19. That each unit has an individual address that must be posted in accordance with Pennington County Ordinance Amendment #20; and, 20. That this Planned Unit Development Amendment is not valid until the applicant(s) signs the Statement of Understanding, which is available at the Planning Office. Dated this 7th day of October, 2008. PENNINGTON COUNTY COMMISSION /s/Brenda Young, Chairperson ATTEST: /s/Cindy Mohler, Deputy Auditor N. SECOND READING OF ORDINANCE AMENDMENT / OA 08-01 (#34-01): SUBDIVISION REGULATIONS VARIANCE – Pennington County. MOVED by Trautman and seconded by Schmidt to approve the second reading of OA 08-01 (#34.01). Vote: Unanimous. ORDINANCE #34-01 AN ORDINANCE AMENDING THE PENNINGTON COUNTY SUBDIVISION REGULATIONS BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY BOARD OF COMMISSIONERS THAT THE PENNINGTON COUNTY ORDINANCE #34 BE AMENDED AS FOLLOWS: Pennington County Subdivision Regulations Variance shall be amended to read as follows: Section 100 - General Provisions 100.1 - Purpose This Ordinance is adopted to provide for the orderly, physical, social, economic and environmental development of Pennington County; to anticipate and thereby lessen governmental expenditure; for the coordination of streets within subdivisions and with other existing or planned streets; for adequate open space; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, and convenience through the economical and adequate provisions of streets, sanitation, water supply, drainage, and other improvements as land is subdivided. 100.2 - Jurisdiction This Ordinance is established under the authority of South Dakota Codified Laws (SDCL) § 11-2 (authority of a County Planning Commission to adopt regulations for the purpose of promoting health, safety, and the general welfare of the county) and SDCL § 11-3 (requirements for platting of town sites, additions, and subdivisions) and shall govern all subdivision of land, as defined herein, located within Pennington County, and not under Planning jurisdiction of any incorporated municipality as provided in SDCL § 11-3-6 (conformity to existing plats and regulations) and SDCL § 11-6-26 (extraterritorial jurisdiction of municipality). Proposed parcels which contain 40 acres or more, inclusive of public roadways and which are subject to SDCL § 43-21 (when any parcel is divided and cannot be described except by metes and bounds, the parcel shall be platted) shall meet the minimum requirements in this Ordinance. 100.3 - Amendments Any provisions of the Ordinance may be amended, supplemented, changed, modified or repealed by the Board of County Commissioners according to law. 100.4 - Interpretation, Conflict, and Severability 1. Interpretation: In its interpretation and application, this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. 2. Conflict: Whenever any provision of this Ordinance conflicts with other legally adopted regulations, the more restrictive Ordinance or regulation shall apply. 3. Severability: Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the Ordinance as a whole, but only that portion so adjudged. 100.5 - Effective Date This Ordinance shall take effect after its passage and publication according to law. The effective date is November 12, 2008. Section 200 Definitions 200.1 - Words and Terms Defined American Association of State Highway and Transportation Officials. (AASHTO) Design Standards defined as A Policy on Geometric Design of Highways and Streets Current Edition. Adequate: Sufficient in quality, quantity, or requirement to meet a need for planning and/or these Subdivision Ordinances. Applicant: The owner of land proposed to be subdivided or a representative as evidenced by written consent from the legal owner of the premises. Base Flood: The flood having a 1 percent chance of being equaled or exceeded in any given year, also known as the 100-year or 1 percent chance flood. (The base flood is a statistical concept used to ensure that all properties are protected to the same degree against flooding). Block: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities. Comprehensive Plan: A document which describes in words and may illustrate by maps, plats, charts, and other descriptive matter, the policy, goals and objectives of the Board to interrelate all functional and natural systems and activities relating to the orderly development of the territory under its jurisdiction. Cul-De-Sac: A local street with only one outlet and having an appropriate turnaround for the safe and convenient reversal of traffic movement. Developer: See Subdivider. Dwelling Unit: Any structure or part thereof, designed to be occupied as the living quarters of a single family or housekeeping unit. Easement: Authorization, filed/recorded with Register of Deeds, by a property owner for the use by another, and for specified purpose, of any designated part of his property. Final Plat: The map or plan or record of a subdivision and any accompanying material, as described in these regulations. Forested Land: With at least 10 percent crown cover by forest trees of any size, or formerly having such cover and not currently developed for non-forest use. GPM: Gallons per minute Grade: The slope of a road, street, or any other public way measured at the centerline specified in percentage (%) terms. Layout Plan: A sketch prior to the preparation of the Preliminary Plat (or subdivision plat in the case of minor subdivisions) to enable the Subdivider to reach a general agreement with the Board of County Commissioners as to the form of the plat and the objectives of these regulations. Lot: A tract, plot, parcel or portion of a subdivision or other parcel of land intended as a unit for building development or transfer in ownership. Master Plan: A Master Plan is an exhibit that identifies the proposed future development of all contiguous platted or unplatted lands which are held in the same ownership. A Master Plan exhibit shall be provided at a scale of not more than 1 inch = 200 feet and shall include the following information: proposed street and lot configurations, proposed water and sewer service, and the proposed residential, commercial or other uses of the property. The purpose of the Master Plan is to identify potential development issues and to provide for cohesive development which complies with County and/or State regulations in regard to items such as access and water distribution system requirements. National Fire Protection Association (NFPA): The authority on fire, electrical, and building safety. Opposing Frontage Lot: A lot with frontage on two generally parallel streets or highways having access only from the lesser order roadway. Owner: Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations. Potable Water Facilities: Facilities that deliver water which meets acceptable standards for drinking purposes. Preliminary Plat: The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval. Right(s)-of-Way: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or other utilities, or for another special use. The usage of the term “right(s)-of-way” for land platting purposes shall mean that every right(s)-of- way hereafter established and shown on a Final Plat is to be separate and distinct from the lots or parcels adjoining such right(s)-of-way and not included within the dimensions or areas of such lots or parcels. Roads: Private Road: Road located on private property (i.e. roadway lot or easement). The use of a private road is subject to approval of the Board of Commissioners unless otherwise specified. Public Road: Road located within dedicated public right-of-way, can be used in all subdivisions and to provide right-of-way beneath it for utilities, sewer, water, and storm drainage pipes. Alley: A public right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a different street and to provide right-of-way beneath it for sewer, water, and storm drainage pipes. Local Road: A road intended to provide access to other roads from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage pipes. Collector Roads: A road intended to move traffic from local roads to minor arterials. A collector road serves a neighborhood or large subdivision and to provide right-of-way beneath it for sewer, water, and storm drainage pipes. Minor Arterial: A road intended to collect and distribute traffic in a manner similar to Major arterials, except that these roads service minor traffic generating areas, such as community-commercial areas, primary and secondary educational facilities, hospitals, recreational areas, churches, and offices. A road designed to carry traffic from collector streets to the system of major arterials and to provide right-of-way beneath it for sewer, water, and storm drainage pipes. Major Arterial: A road intended to move through traffic to and from such major attractors as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators within the governmental unit; and/or as a route for traffic between communities or large areas. Also, to provide right-of-way beneath it for sewer, water, and storm drainage pipes. Sanitary Sewer Facilities: A system of components that transports wastewater from the place it is generated to and including the means with which it is treated in accordance with the “Recommended Design Criteria for Wastewater Collection and Treatment Facilities” as prepared by the South Dakota Department of Environment and National Resources (DENR) dated March 1991. SDCL: South Dakota Codified Law Subdivider: Any person, partnership, joint venture, association or corporation who shall participate as owner, developer, or sales agent in the planning, platting, development, promotion, sale or lease of a subdivision. Subdivision: The division of land which creates one (1) or more lots inclusive of public roadways and recorded with a subdivision name in order that the title to or possession of the lots may be conveyed and shall include any re-subdivision. Surety: Any form of security, including a cash deposit, surety bond, or instrument of credit from a federally insured financial institution in an amount and form satisfactory to the Board of Commissioners. All sureties required by these regulations shall be approved by the Board of Commissioners. Section 300 - Application Procedure and Approval Process 300.1 - General Procedure The procedure for reviews and approval of a subdivision plat shall consist of a Minor Plat or the following three separate steps in sequence: First, the presentation of a Layout Plan; Second, preparation and submission of a Preliminary Plat of the proposed subdivision; and, finally, the preparation and submission of a Final Plat of the proposed subdivision. The Subdivider, developer, or authorized agent should meet with the County Planning Department prior to submitting the required Layout Plan or Preliminary Plat. The purpose of the meeting(s) is to discuss the Application Procedure and Approval Process and criteria; to familiarize the Subdivider with the goals and objectives of the County; and to discuss the proposed subdivision in relation to such concerns. 300.2 - Minor Plat 1. General When the proposed subdivision is greater than 40 acres and is required, pursuant to SDCL Chapter 43-21 and SDCL § 11-3-8 or contains five (5) or fewer new lots and the unplatted balance of the original subdivided tract which is provided with existing access in accordance with Section 500.5-1a and no land within the proposed subdivision is to be dedicated to public use for parks, rights-of-way, with the exception of the dedication of additional right-of-way adjacent to an existing right-of- way, and playgrounds, and no problem areas have been determined by the County Planning Department, the Subdivider may submit a Minor Plat. The Minor Plat procedure cannot be used more than once on the platted or unplatted balance of the original subdivided tract, with the exception of a lot reconfiguration of the existing lots where there will be no increase in density. 2. Procedure a. The original and six (6) copies of the Minor Plat and required supplemental material as specified in Section 400.3 and one (1) 8½ x 11 reduction shall be filed with the Pennington County Planning Department. Such filing shall take place at least twenty-five (25) calendar days prior to the meeting of the Planning Commission at which it is to be considered. b. The County Environmental Planner, County Highway Department, County Fire Coordinator, Pennington County Sheriff’s Office, Emergency Services Communications Center and any other agency deemed appropriate shall be given a fourteen (14) day review period for the purpose of verifying that the Minor Plat conforms to all regulations. If no comments have been received by the end of the fourteen (14) day review period, the Planning staff shall assume the departments approve the Minor Plat. c. The Planning Commission shall review the Minor Plat to verify consistency with the standards set forth in this Ordinance and the County Zoning Ordinance and that no public improvements are required. The Planning Commission shall transmit two copies of the Minor Plat to the Board of County Commissioners, together with its recommendations. d. Upon receipt of the Planning Commissions recommendations, the Board of County Commissioners shall hold a hearing on the proposed Minor Plat and shall approve, disapprove, or request modification in the Minor Plat within ninety (90) days from filing of the Minor Plat by the Subdivider. The Board shall impose those requirements or grant those subdivision variances deemed necessary and appropriate for final approval. 3. Minor Plat Information The Minor Plat shall contain all information required in a Final Plat application (see Section 400.3). 4. Minor Plat Review Fee A fee shall be charged at the time of the Minor Plat submittal to cover the cost of review. The fee is due and payable at the County Planning Department at the time of the Minor Plat submittal. A schedule of fees for plats shall be established by the County Planning Commission and approved by the Board of County Commissioners by resolution. See Section 300.6 for Fee Schedule. 300.3 - Layout Plan 1. General The Subdivider shall provide a Layout Plan of the proposed subdivision to the County Planning Department for review and discussion. The Layout Plan will enable the Subdivider and the Planner to render an informal preliminary review of the proposed subdivision for general scope and conditions, which might affect the plat. NOTICE: Approval of a Layout Plan does not constitute or indicate that the Planning Department, Planning Commission or County Board of Commissioners will support the conditions of the Layout Plan. It merely indicates a list of items that must be completed or met in order for the property to be subdivided. 2. Procedure a. Subdividers shall submit six (6) copies of a Layout Plan with supplementary material, as specified in Section 400.1, and one (1) 8½ x 11 reduction to the County Planning Department. The Layout Plan shall be submitted to the Planning Department at least twenty-five (25) calendar days prior to the meeting of the County Planning Commission at which it is to be discussed. The Planning Department shall transmit copies of the plan to the County Environmental Planner, County Highway Department, County Fire Coordinator, Pennington County Sheriff’s Office, and the Emergency Services Communications Center and any other agency deemed appropriate by the Planning Department for their review and comment. b. The Planning Commission shall forward the Layout Plan, with recommendations, the County Board of Commissioners for consideration and action by the board. 3. Layout Plan Review Fee A fee shall be charged at the time of the Layout Plan submittal to cover the cost of review. A schedule of fees shall be established by the County Planning Commission and approved by the Board of County Commissioners by resolution. See Section 300.6 for Fee Schedule. 300.4 - Preliminary Plat 1. General The Subdivider shall submit to the County Planning Commission for review and recommendation a Preliminary Plat of the proposed subdivision, which conforms to the requirements of this Ordinance. 2. Procedure a. A minimum of six (6) copies of the Preliminary Plat with supplementary material, as specified in Section 400.2, and one (1) 8½ x 11 reduction and written application, along with the required fee, shall be submitted to the County Planning Department at least twenty-five (25) calendar days before the County Planning Commission meeting at which it is to be considered. The Planning Department shall transmit copies of the plat to the County Environmental Planner, County Highway Department, County Fire Coordinator, Pennington County Sheriff’s Office, the Emergency Services Communications Center and any other agency deemed appropriate for review and comment. b. The Planning Commission shall review the Preliminary Plat to verify consistency with the standards set forth in this Ordinance, the County Zoning Ordinance, and any other applicable regulations. The Planning Commission shall forward its recommendations to the County Board of Commissioners. After receiving the recommendation of the Planning Commission, the Board of County Commissioners shall hold a hearing on the proposed Preliminary Plat and shall approve, disapprove, or request modification of the Preliminary Plat within ninety (90) days from the date of filing of the Preliminary Plat unless such date is extended by agreement with the Subdivider or agent. c. Approval of the Preliminary Plat shall not constitute acceptance of the Final Plat. The approval shall lapse unless a Final Plat, based thereon, is submitted within two (2) years from the date of approval. The Subdivider may submit a written request for an extension of this 2-year deadline. The requested extension is subject to staff approval. The Subdivider shall submit the request at least thirty (30) days prior to the expiration of the approved Preliminary Plat. For phased developments, Phase One shall be submitted within two (2) years from the date of approval of the Preliminary Plat, and each subsequent phase shall similarly be submitted within two (2) years from approval of the preceding phase. 3. Preliminary Plat Review Fee A fee shall be charged at the time of a Preliminary Plat submittal to cover the cost of review. The fee is due and payable at the Planning Department at the time of the Preliminary Plat submittal. A schedule of fees for plats shall be established by the County Planning Commission and approved by the Board of County Commissioners by resolution. See Section 300.6 for Fee Schedule. 300.5 - Final Plat After approval of a Preliminary Plat, a Final Plat of the subdivision may be submitted. 1. General The Final Plat shall substantially conform to the approved Preliminary Plat. However, the Final Plat may constitute only a portion of the approved Preliminary Plat. The Final Plat submission shall conform in all major respects to the Preliminary Plat as previously reviewed and approved by the Board of Commissioners and shall incorporate all required modifications from its review. Any phasing of the development shall not create conflicts in access to any proposed or previously platted lots. The Final Plat and all supplementary documents shall be submitted to the County Planning Department at least thirty (30) calendar days prior to the expiration of the Preliminary Plat approval or any extension thereto. 2. Procedure a. The original plat signed by the surveyor, owner(s), street authority, Director of Equalization and Treasurer, and six (6) copies of the Final Plat with supplemental material, as specified in Section 400.3, and one (1) 8½ x 11 reduction shall be submitted to the Pennington County Planning Department. The Planning Department shall transmit copies of the plat to the County Environmental Planner, County Highway Department, County Fire Coordinator, the Director of Equalization, Pennington County Sheriff’s Office and the Emergency Services Communications Center and any other agency deemed appropriate for their review and comment. b. The Planning Department shall review the Final Plat and verify conformance to the approved Preliminary Plat. The Planning Director shall approve, or disapprove the Final Plat within thirty (30) days of the complete submittal unless such date is extended by agreement with the Subdivider or his agent. Upon approval of the Final Plat, the approved plat document shall be presented to the County Register of Deeds for filing/recording. 3. Final Plat Information The Final Plat shall meet the conditions of approval of the Preliminary Plat approval as set forth by the County Board of Commissioners and shall clearly show the information as specified by Section 400.3. 4. Final Plat Review Fee A fee shall be charged at the time of the Final Plat submittal to cover the cost of review and filing/recording fee to the County Register of Deeds. The fee is due and payable at the County Planning Department at the time of the Final Plat submittal. A schedule of fees for plats shall be established by the County Planning Commission and approved by the Board of County Commissioners by resolution. See Section 300.6 for Fee Schedule. 300.6 - Plat Submittal and Fee Schedule Plat Submittal Deadlines Max. Time for Co. Reviews Copies (Min.) Fee MINOR Twenty-five (25) calendar days prior to the Planning Commission meeting at which it is to be discussed. Ninety (90) days from submittal 6 $350.00, plus $25.00 per lot LAYOUT PLAN Twenty-five (25) calendar days prior to the Planning Commission meeting at which it is to be discussed. Ninety (90) days from submittal 6 $100.00 PRELIMINARY Twenty-five (25) calendar days prior to the Planning Commission meeting at which it is to be discussed. Ninety (90) days from submittal 6 $350.00, plus $25.00 per lot FINAL Thirty (30) calendar days prior to expiration of Preliminary Plat approval or any approved extension thereto. Thirty (30) days from submittal 6 $100.00 Section 400 - Specifications for Documents to be Submitted 400.1 - Layout Plan Layout Plans shall be legibly presented in either pen or pencil and shall be drawn to a scale of not more than one hundred (100) feet to an inch and shall show the following information: 1. Name: a. Name of subdivision if property is within an existing subdivision. b. Proposed name, if not within a previously recorded subdivision. c. Name of property if no subdivision name has been chosen. 2. Ownership: a. Name and address, including telephone number of legal owner and/or authorized representative, and citation of last instrument conveying title to each parcel, including book and page number of the instrument. b. Legal right(s)-of-way and easements, as known. c. Name and address, including telephone number or any professional person(s) responsible for subdivision design, improvements and/or surveys. 3. Description: Location of the property by legal description, including graphic scale, north arrow, and date. 4. Features: The following features shall be noted and properly explained on the Layout Plan: a. Property lines, easements, rights-of-way, general boundaries of existing forested areas, general location of 100-year floodplain limits, general location of water bodies, wetlands and drainage ways, platted or proposed streets, names and location of streets within one hundred (100) feet from the affected property, as known. b. Approximate location and size of existing and proposed sewers, water mains, drainage and other structures within the tract, and immediately adjacent thereto. c. Topography from any source. d. Preliminary proposals for extension of public utilities, discharge of surface water drainage, and general information describing the water system, including storage capacity and gallows per minute (GPM) flow from wells. e. Location, dimensions and areas of all proposed and/or existing lots. f. A vicinity map showing the proposed subdivision in relation to the surrounding area. g. The location of existing structures within the proposed subdivision. h. Proposed improvements to be installed or constructed. i. Present use of adjoining lands. j. Master Plan as applicable. 400.2 - Preliminary Plat 1. General: The Preliminary Plat shall be prepared in ink by a South Dakota Registered Land Surveyor at a scale not more than one (1) inch equals one hundred (100) feet. Plan sheets shall be sequentially numbered and shall not be larger than twenty-four (24) by thirty-six (36) inches. 2. Features: The supplementary documents shall show the following, in addition to all information required on the Layout Plan. A lack of specified information or improper information supplied by the applicant shall be cause for disapproval of the Preliminary Plat. a. The location of the parcel with respect to surrounding property and streets, and the names of adjoining streets within one hundred (100) feet of the subdivision. b. The dimensions of all boundary lines, expressed in feet and decimal feet. c. The location of existing streets, buildings, bridges, easements and other pertinent features, such as water bodies; railroad rights-of-way; parks; cemeteries; drainage courses; including one hundred (100) year floodplain limits, in accordance with current FEMA maps. d. The location and width of all existing and proposed streets, alleys, easements and other public rights-of-way. e. The location and size of existing sewer system and water system if appropriate; the location, size, and material type of proposed sewer and water lines; the source of water supply; storage capacity of any aboveground or below ground tanks; appropriate elevation of aboveground tanks; GPM flow of any wells or pumps; proposed location of fire hydrants. f. Percolation tests and eight (8) foot deep soil profile hole information for each lot, which will utilize on-site wastewater disposal systems. Number, location of the tests, and soil profiles shall be representative of the site and in compliance with State Standards. The location and number of percolation tests and soil profiles shall be approved by the Environmental Planner. g. The dimensions and areas of proposed or existing lots. h. The location and dimensions of all property proposed to be dedicated for public or private use. i. The name and address of the owner of the land, the Subdivider, if other than the owner, and the land surveyor. j. Date of the map, north point, scale, and subdivision title. k. Names of all existing and proposed streets. l. Indication of the use of all lots. Residential use shall be (single-family, multi- family, townhouse, etc.). m. Blocks shall be consecutively numbered or lettered in alphabetical order. n. Topography with a minimum contour interval of five (5) feet, referred to a National Geodetic Survey datum, where available, or an identified local datum. o. A vicinity map. p. Certification on plat by a South Dakota Registered Land Surveyor. q. Engineering design data conforming in all respects to the requirements of Section 500 of these regulations. r. Construction Plans in accordance with Section 400.4. s. Other pertinent information as requested in writing by the Pennington County Planning Department (i.e.: wetland information, geotechnical information, Special Use Permit, etc.). t. Easements as applicable. u. Master Plan as applicable. v. Fire Mitigation Plan as applicable. 400.3 - Final Plat (and Minor Plat) 1. General: The Final Plat shall be presented in ink on tracing cloth or reproducible mylar. Sheets shall be fifteen (15) by twenty six (26) inches or 8½ by 14 inches or as specified by SDCL § 11-3-10. The following shall be shown on the Final Plat: a. Name of the subdivision. b. Name and address of the applicant and/or his authorized representative. c. North point, scale, and date. d. True bearings and distances to the nearest established street lines or official monuments shall be accurately described on the plat; municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and bearings, where applicable. e. Accurate location, name and width of streets, alleys, and ways. f. Geometric information for all lots, areas of dedication and easements including: bearing and distance, and curve information, including delta, radius, arc length, chord bearing and chord distance. g. All easements and rights-of-way, which are established by this plat shall be indicated by general note, or geometrically related to the subject lot lines. Easements that traverse across more than one lot shall be geometrically related or tied to the lot lines crossed. h. All block numbers or letters, lot numbers and lot lines with accurate dimensions in feet and hundredths, and bearings and angles to street and alley lines. i. The accurate location and identification of existing and proposed boundary monuments. j. The accurate location of all property offered for dedication to public use. k. All affidavits, notes and like information required by South Dakota Codified Law. l. One hundred (100) year floodplain limits in accordance with current FEMA maps. m. Other pertinent information as requested in writing by the Pennington County Planning Department. n. Certifications: 1. Certificate of Ownership Certificate of Ownership State of South Dakota County of Pennington We and do hereby certify that we are the owners of the tract of land shown and described hereon, that the plat was done at our request for the purposes indicated hereon, and that we do hereby approve the within plat of said land, and that the development of this land shall conform to all existing applicable zoning, subdivision and erosion and sediment control regulations. a. Any land shown on the within plat as public right-of-way is hereby dedicated to public use and public utility use. In witness whereof, I have set my hand and seal. Owner: Owner: On the day of , 20 , before me a Notary Public, personally appeared and, known to me to be the person described in the foregoing instrument and acknowledged to me that they signed the same. Notary Public: My Commission Expires: 2. Certificate of Surveyor Certificate of Surveyor State of South Dakota County of Pennington I, Registered Land Surveyor No. ____, in the State of South Dakota, do hereby certify that at the request of the owners listed hereon, I have surveyed the tract of land shown, and to the best of my knowledge and belief, said plat is an accurate representation of said survey. In witness whereof, I have hereunto set my hand and seal this day of , 20 . S.D. Registered Land Surveyor 3. Certification on Plat by County Auditor Resolution By Governing Board State of South Dakota County of Pennington I, Auditor of Pennington County, do hereby certify that at an official meeting held on the day of 20 , the County Commissioners by resolution did approve the plat as shown and described Auditor of Pennington County 4. Certificate of Director of Equalization Certificate of Director of Equalization I, Director of Equalization of Pennington County, do hereby certify that I have on record in my office a copy of the within described plat. Dated this day of , 20 . Director of Equalization of Pennington County Approved Date 5. Certificate of County Treasurer Certificate of County Treasurer I, Treasurer of Pennington County, do hereby certify that all taxes which are liens upon the within described lands are fully paid according to the records of my office. Dated this day of , 20 . Treasurer of Pennington County 6. Certificate of Register of Deeds Certification of Register of Deeds State of South Dakota County of Pennington Filed this day of , 20 . at_________o’clock_______M Book _________Page__________. Register of Deeds By: Fee:$ 7. Certificate of Street Authority Certificate of Street Authority The location of the proposed property lines abutting the County or State Highway, or the County Road, as shown hereon, is hereby approved. Any change in the location of the proposed access shall require additional approval. Highway Authority 8. Floodplain Statement Floodplain Statement The 100-year floodplain, as shown hereon, is based on the elevations identified on Flood Insurance Rate Map Number________, Effective Date_________, or as graphically depicted on said map in unstudied areas. The floodplain information shown hereon serves as constructive notice that certain flood hazards exist on portions of the subject property. The location of the floodplain, as shown hereon, may be subject to change. 9. Water Protection Statement Pursuant to SDCL § 11-3-8.1 and 11-3-8.2, the developer of the property described within this plat shall be responsible for protecting any waters of the State, including groundwater, located adjacent to or within such platted area from pollution from sewage from such subdivision and shall in prosecution of such protections conform to and follow all regulations of the South Dakota Department of Environment and Natural Resources relating to the same. 10. Certificate of Planning Director I, Planning Director of Pennington County, have reviewed this plat and have found it to conform to all of the Subdivision requirements of the Pennington Subdivision Regulations and, as such, I have approved this Plat as a Final Plat. Dated this day of , 20 . Planning Director of Pennington County o. Certification furnished to the Planning Office that the Subdivider has complied with one of the following: 1. All required public or private improvements have been installed in accordance with the requirements of this Ordinance attested by a South Dakota Registered Professional Engineer. 2. A surety has been posted with the County Auditor in sufficient amount to cover the costs of all required improvements. p. Percolation tests and eight (8) foot deep soil profile information, for any lot or subdivision that will utilize on-site wastewater disposal systems. The number and location of the tests shall be representative of the site and in compliance with State standards. 2. Preparation: The Final Plat shall be prepared by a South Dakota Registered Land Surveyor. 3. An Improvement Maintenance Agreement, per Section 600.1-8, must be submitted prior to filing the plat with Register of Deeds. 400.4 - Construction Plans 1. General: Construction plans and specifications for all required improvements shall be prepared and sealed by a South Dakota Registered Professional Engineer. Such documents shall be clear, neat, legible, detailed and in a form acceptable to Local, County, State, Federal or other review agencies. Section 500 - Requirements for Improvements, Reservations, and Design 500.1 - General Improvements 1. Conformance to Applicable Rules and Regulations: In addition to the requirements established herein, all submittals in the platting process shall comply with the following laws, rules, ordinances and regulations: a. All applicable statutory provisions, including, but not limited to, South Dakota Codified Laws, Title 11-Planning, and Zoning and Housing Programs. b. The Pennington County Zoning Ordinance and Comprehensive Plan and all other applicable laws of the appropriate jurisdictions. c. Zoning Ordinance and Capital Improvements Program of Pennington County, including all improvements shown on the Official Zoning Map. d. The special requirements of these regulations and any rules of appropriate State agencies. e. The rules of the South Dakota Department of Transportation, and/or Pennington County Highway Department, if the subdivision or any lot contained therein abuts a State Highway, County Road, or connecting street. f. The standards and regulations heretofore adopted by Pennington County. g. Plat approval may be withheld if a subdivision is not in conformance with the above guides or policy and purpose of these regulations. 2. Self-Imposed Restrictions (Covenants): a. If the owner places restrictions on any of the land contained in the subdivision greater than those required by the Zoning Ordinance or these regulations, the restrictive covenants should be recorded with the Final Plat at the County Register of Deeds. However, the County is not a party to the covenants and takes no responsibility in their enforcement. 3. Monuments: A South Dakota Registered Land Surveyor shall place permanent reference monuments in the subdivision, as required by South Dakota Codified Law and South Dakota Administrative Rules. 4. Subdivision Name: The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations. The Board of County Commissioners shall have final authority to designate the name of the subdivision. 500.2 - Non-Residential Subdivisions 1. General: Property proposed to be subdivided for commercial or industrial purposes shall be subject to such provisions as the Board of County Commissioners deems reasonable. 2. Standards: In addition to the principles and standards of these regulations which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the Planning Commission and Board of County Commissioners that the street, parcel, and block pattern proposed is specifically adapted to the uses proposed, and takes into account other uses in the vicinity. The following principles and standards shall be observed: a. Proposed commercial and industrial parcels shall be suitable in area and dimension to the type of development anticipated. b. Street rights-of-way and surfacing shall be adequate to accommodate the type and volume of traffic anticipated. c. Specific design and construction requirements may be imposed by the Board of County Commissioners with respect to the construction of streets, water, sewer and drainage. d. Every effort shall be made to protect adjacent residential areas, including the provision of extra-depth parcels and permanently landscaped buffer strips. Screening may be required of the applicant. 500.3 - Mobile Home Parks Mobile home parks proposed on land within the jurisdiction of Pennington County shall comply in all respects to the requirements of these regulations and the Zoning Ordinance of Pennington County. 500.4 - Lot Improvements 1. Lot Arrangement: The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing Building Permits to build on all lots in compliance with the Zoning Ordinance and in providing driveway access to buildings on such lots from an approved street. 2. Lot Dimensions: Lot dimensions shall comply with the minimum standards of the Zoning Ordinance. Where lots are more than double the minimum required area for the zoning district, the Board of County Commissioners may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots, all in compliance with the Zoning Ordinance and these regulations. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will provide a better street or lot plan. Dimensions of corner lots shall be large enough to allow for construction of buildings, observing the minimum front yard setback from both streets. Depth and width of properties reserved or laid out for business, commercial, or industrial purposes shall be adequate to provide for the off street parking and loading facilities required for the type of use and development contemplated, as established in the Zoning Ordinance. 3. Opposing Frontage Lots and Access to Lots a. Opposing Frontage Lots: Opposing frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation. b. Access From Major and Minor Arterials: Lots shall not, in general, derive access from a major arterial. Where driveway access from a major or minor arterial, State Highway or County Road may be necessary for several adjoining lots, the Board of County Commissioners may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such arterial. Driveways shall be designed and arranged so as to avoid requiring vehicles to back into traffic on major or minor arterials. All driveway access points must be approved by the appropriate road authority. 4. Soil Preservation, Grading, and Seeding a. Soil Preservation and Final Grading: In general, topsoil should not be removed from residential lots or used as spoil, but should be redistributed so as to provide cover on the lots and shall be stabilized by seeding and erosion control measures prior to release of sureties. 5. Lot Drainage: Lots shall be configured and graded so as to accommodate positive drainage from proposed structures. Grading and drainage plans should be designed to conform to the general storm drainage patterns for the area. Grading and drainage shall be designed so as to avoid concentration of storm drainage water onto adjoining property. Where applicable, grading and drainage design shall be in compliance with the adopted Drainage Basin Master Plan. 6. Debris and Waste: Construction debris or construction waste materials must be disposed of properly. 7. Fencing and Screening: The developer may be required to furnish and install fences and/or screening when the Board of County Commissioners determines that a hazard or a nuisance may exist. The Board of County Commissioners shall approve the location and material for fencing and/or screening and no surety shall be released until the fencing and/or screening improvements have been duly installed and approved. 8. Sureties to Include Lot Improvement: Sureties shall be provided in an amount to assure completion of all requirements contained in Section 600.1. Assurance for Completion and Maintenance of Improvements of these regulations, which may include, but not be limited to, soil preservation, final grading, lot drainage, forest thinning, removal of debris and waste, fencing and screening and all other lot improvements required by the Board of County Commissioners. 9. Easements: a. An 8-foot-wide utility and minor drainage easement shall be provided on the interior side of all lot lines with the exception of common wall lot lines. b. The reservation of additional easements to accommodate utilities, drainage facilities, or pedestrian traffic may be required. 500.5 - Roads and Streets 1. General Requirements a. Access: No subdivision shall be approved unless the area to be subdivided has access to one of the following: 1. An existing Federal, State, County, City, Road District Highway or Township Highway; 2. Right-of-way shown upon a plat as a platted private drive or dedicated public right-of-way approved by Pennington County and recorded in the County Register of Deeds office. Such right-of-way, private drives or highways must be improved as required under these Subdivision Regulations; 3. Access Easements: The County shall not approve the use of an existing or proposed easement to provide access to a proposed subdivision unless the following requirements are met: a. The width of the access easement is a minimum of 40 feet in width and shall serve a maximum of two lots. Minimum driving surface width is not specified. b. Roadways within easements that serve greater than two lots shall be improved to the standards defined for a Local/Collector Road and said easements shall comply with the minimum right-of-way widths for Local/Collector Roads as specified in Section 500.5 – Table 1. c. Proposed easements shall be shown on the Final Plat and/or copies of the existing easements documents or previously platted easements shall be provided and recording information shall be referenced on the Final Plat. d. If existing platted or miscellaneous easements specifically restrict or limit the use and terms of any easement intended for use to the proposed subdivision, the written consent of the underlying property owner(s) shall be provided. e. The number of units served by an easement or easements shall comply with the requirements of a Dead End Road or Dead End Road system as defined in Section 500.5 Table 1. b. Road Improvements: Roads shall be improved, per construction plans, as approved by the Board of County Commissioners. Acceptance of the Final Plat and approval of Street Design does not guarantee that the completed street will be maintained by the Pennington County Highway Department or recognized as a part of the County Highway System. c. Topography and Arrangement 1. A combination of steep grades and curves should be avoided. Specific standards are contained in the design standards of these regulations. (See Table 1 - Design Standards for Roads, this Section). 2. All streets should be properly integrated with the existing and proposed systems of roads and dedicated rights-of-way as required by County Ordinance. 3. All roads shall be properly classified for the pattern of existing and proposed land uses. 4. The use of curvilinear streets, cul-de-sacs, or U-shaped streets is encouraged where such use will result in a more desirable layout. 5. Roads shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography, other physical conditions, or unless such extension is not necessary or desirable for future development of adjoining/adjacent properties. 6. Maximum length and number of dwelling units for dead end road shall be in accordance with Table 1 (Dead End Roads). d. Access to Major Arterials: Where a subdivision borders on or contains an existing or proposed major arterial, access to such streets shall be limited by one of the following means: 1. The configuration of lots, so as to establish rear lot lines adjoining major arterials and front lot lines adjoining parallel local streets. No access shall be provided from the major arterial, and screening may be required in a strip of land along the rear property line of such lots. 2. A series of cul-de-sacs, U-shaped streets, or short loops entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the major arterial. 3. A marginal access or service road (separated from the major arterial by a planting or grass strip and having access thereto at suitable points). e. Road Names: The Preliminary Plat, as submitted, shall indicate names of proposed streets. Names shall be sufficiently different in sound and in spelling from other road names in the Pennington County jurisdiction so as not to cause confusion. A road which is or is planned as a continuation of an existing road, shall bear the same name. Planning Department Staff shall review proposed street names with the appropriate agencies and/or departments and provide a recommendation to the Board of County Commissioners. f. Road Regulatory Signs: The applicant shall install, in accordance with the standards of the Pennington County Highway Department, all road and street name signs, the type and location of which shall be approved by the Board of County Commissioners prior to the release of surety. g. Street Lights: The applicant may be required to furnish and install streetlights. 2. Construction of Roads and Dead End Roads a. Construction of Roads: The arrangement of streets shall provide for the continuation of principal streets between adjoining properties when such continuation is necessary for convenient movement of traffic, effective fire protection, and for efficient extension of utilities. If the adjoining property is undeveloped and the street must be a dead end street temporarily, the right-of-way shall be extended to the property line. A temporary turnaround shall be provided on all temporary dead end streets, as designated in Figure 1. b. Dead End Roads (Permanent): Where a road does not extend to the boundary of the subdivision and its continuation is not required by the Board of County Commissioners for access to adjoining property, its terminus shall normally not be nearer to such boundary than fifty (50) feet. However, the Board may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic, or utilities. A turnaround shall be provided at the end of a permanent dead end street (See Figure 1 - Design Standards for Roads). For greater convenience to traffic and more effective police and fire protection, permanent dead end streets shall, in general, be limited in length in accordance with the design standards of these regulations. 3. Design Standards a. Road Surfacing and Improvements: After sewer and water utilities have been installed by the developer the applicant shall construct curbs and gutters, where required, and shall surface roadways to the widths prescribed in these regulations. Types and thickness of surfacing shall be determined by a South Dakota Registered Professional Engineer and shall be consistent with Ordinance 14. Adequate provision shall be made for culverts, drains, and bridges. All road surfacing, shoulders, drainage improvements and structures, curbs, turnarounds, and sidewalks shall conform to all design and construction standards and specifications of these Ordinances. b. Additional Right-of-Way: Additional Right-of-way shall be provided to maintain adequate slopes per Table 1 of this Ordinance. c. Railroads and Limited Access Highways: In residential districts a buffer strip at least twenty-five (25) feet in depth, in addition to required setbacks, shall be provided adjoining the rail road right-of-way or limited access highway. This strip shall be part of the platted lots and shall be designated on the plat: “This strip is reserved for screening. The placement of structures hereon is prohibited.” d. Intersections 1. Streets shall be laid out so as to intersect as nearly as possible at right angles. Intersections shall not be less than a 75 degree angle. A 100 foot tangent shall be provided from the intersection to the first horizontal curve. Not more than two (2) streets shall intersect at any one point. 2. New intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with centerline offsets of less than 150 feet shall not be permitted. Intersections with arterial roads shall have a minimum 800 foot separation. Intersection separation of all other road classifications shall be at least equal to AASHTO stopping sight distance. 3. Minimum driving surface radius at any intersection 25 feet. Adequate right- of-way or easement shall be provided at intersections to accommodate the 25 feet radius. 4. Wherever practical, intersections shall be designed with minimum grades of 1% and a maximum grade of 3%. A leveling or landing area shall be provided at the approach to the intersection. The grade at the landing area shall not be greater than 5% for a distance of 50 feet, as measured from the nearest right- of-way line of the intersection. 5. Adequate sight distances shall be provided and maintained at all intersections per Pennington County Zoning Ordinance. 6. The cross-slopes on all streets, including intersections, shall be not less than two (2) percent and not greater than three (3) percent. e. Bridges of primary benefit to the applicant, as determined by the Planning Commission, shall be constructed at the full expense of the applicant. The sharing of expense for the construction of bridges not of primary benefit to the applicant, as determined by the Board of County Commissioners, will be fixed by special agreement. Bridges shall be constructed to the same width as the roadway, at a standard appropriate to traffic and legal load requirements. Plans for such bridges shall be designed and sealed by a South Dakota Registered Professional Engineer. All bridges shall be posted with the weight limit. 4. Road Dedications and Reservations a. Section Line Right-of-Way: Where an existing Section Line right-of-way or portion of a Section Line right-of-way is located within a new subdivision or adjoining any portion of a new subdivision, the entire 66 feet of Section Line right-of-way shall be dedicated and improved by the developer. In such instances where an adjoining landowner may decline to participate in the right-of-way dedication, or if it is not practical or not desirable to construct the street within the existing Section Line right-of-way, the Board of County Commissioners may authorize a new right-of-way where the developer will improve and dedicate the entire required street right-of-way within the boundaries of the developing property. b. Widening and Realignment of Existing Roads: Where a subdivision borders an existing narrow road or when the Comprehensive Plan, Major Street Plan or Capital Improvements Program indicate plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant shall be required to improve and dedicate at his expense, such areas for widening or realignment of such roads. Such frontage roads and streets shall be improved and dedicated by the applicant, at his own expense, to the full width as required by the subdivision regulations. Land reserved for any road purposes may not be counted in satisfying yard or area requirements of the Zoning Ordinance whether the land is to be dedicated in fee simple or an easement is granted to the public. c. Design Standards: The standards required in Table 1 - Design Standards for Roads may not fully comply with the minimum standards established by the Pennington County Highway Department for roads to be accepted on the Pennington County Highway system for maintenance and snow removal. TABLE 1 DESIGN STANDARDS FOR ROADS DEVELOPMENT DENSITY Min. Lot Size: District: 40 ac A-1 10 ac A-2 3 ac LDR 6,500 sf SRD Non-Residential General Commercial Highway Service Light Industrial Heavy Industrial Minimum Width Right-of-Way (in Feet) Local/Collector Road * 66 66 66 66 Minor Arterial 66 80 80 80 Major Arterial 100 100 100 100 Minimum Width Travel Route (In Feet) and Surface Minimum surface requirement shall be designed by a Registered Professional Engineer. Local/Collector Road * 24 (1) 24 (1) 24 (3,4,6,7) 32 (3) Local/Collector with parking 24 (1) 24 (1) 32 (3,4,5,7) 32 (3) Minor Arterial 32 (2) 32 (2) 32 (3,4,6,7) 42 (3) Major Arterial 48 (3) 48 (3) 48 (3,4,6,7) 48 (3) 1. 4” Gravel Surface 2. 6” Gravel Surface 3. Paved Surface (Asphalt or Concrete). Shall meet the requirements of Section 20.2 of Ordinance 14. 4. With Curbs (South Dakota Department of Transportation Type B-66) 5. On-Street, Parallel Parking Permitted 6. On-Street, Parallel Parking Prohibited 7. Sidewalks (Five-foot-wide one foot from Lot Line) Maximum Grade (Percent) Local 12 ** 12 ** 10 8 Collector 10 10 8 6 Minor Arterial 7 7 6 5 Major Arterial 7 7 6 5 Minimum Grade 1 1 0.5 0.5 * A 40-foot-wide easement for access is allowed for a maximum of two lots. Minimum driving surface width is not specified. ** Special consideration may be given in areas of steep topography for grades of 17% or less and lengths of 500 feet or less. Table 1 (Continued) A-1/A-2 LDR SRD Non-Residential Industrial Minimum Centerline Radius of Curve (In Feet) Local 100 100 100 200 Collector 100 100 200 200 Minor Arterial Major Arterial Per AASHTO Standards Per AASHTO Standards Minimum Length of Vertical Curve Local Collector 100 feet, but not less than 20 feet for each one percent change in algebraic difference in grade Minor Arterial Major Arterial Per AASHTO Standards Per AASHTO Standards Minimum Length of Tangents Between Reverse Curves (In Feet) Local 100 100 150 200 Collector 100 100 150 200 Minor Arterial Major Arterial Per AASHTO Standards Per AASHTO Standards Side Slope and Ditch Depth Inslopes shall be 4:1 or flatter. Backslopes shall be 3:1 or flatter.** Road Ditches shall have a minimum depth of two (2) feet. ** Special consideration may be given in areas of steep topography or in areas of stable material that cannot support vegetation. Under no condition shall backslopes be steeper than 1:1. Minimum Stopping Sight Distance (In Feet) Per AASHTO Standards TABLE 1 (Continued) A-1/A-2 LDR SRD Non-Residential Industrial Design Speed (Miles Per Hour) Local Road 25 25 25 25 Collector 30 35 35 35 Minor Arterial 40 40 40 40 Major Arterial 40 40 40 50 Minimum Turnaround (In Feet) for Cul-De-Sac and Intermediate Turnaround Local Road Right-of Way Diameter 110 110 110 160 Surfacing 96 96 96 140 Dead End Roads Dead End Road: any road with only one means of vehicular ingress/egress. A dead end road shall not exceed 20 units and one mile in length (as measured along the centerline from intersection of the adjoining roadway to the center of the terminus). Dead End Road System: the total number of roadways (dead end and connecting) that provide only a single point of connection to a roadway that functions as an arterial. A dead end road system shall not exceed 40 units and two miles in cumulative length (as measured along the centerline of all roads from intersection to intersection or center of terminus). Intermediate Turnarounds – shall be provided every one-half (1/2) mile. 500.6 - Drainage and Storm Sewers 1. General Requirements: Subdivision and subsequent development will increase the peak discharge and volume of storm water runoff. Reducing peak discharges to predeveloped flows from a subdivision must be accomplished to prevent damage to downstream properties. Subdivisions in all zoning districts except General Agriculture District and Limited Agriculture District must provide drainage facilities that do not increase peak discharge. The Planning Commission shall not recommend for approval any subdivision which does not make adequate provision for storm or flood water runoff. The storm water drainage system shall be separate and independent of any sanitary sewer system. Drainage facilities shall be designed by a South Dakota Registered Engineer and a copy of design computations shall be submitted along with plans. 2. Nature of Storm Water Facilities a. Location: Drainage facilities shall be located in the road right-of-way where feasible, or in perpetual easements. b. Drainage Basin Design Plans: If a subdivision is located within a drainage basin that has an existing Drainage Basin Design Plan, the design of drainage facilities must be consistent with the approved Drainage Basin Design Plan. c. Above ground systems: The use of above ground systems for storm water drainage is encouraged. d. Accommodation of Upstream Drainage Areas: Drainage facilities be adequately sized to accommodate existing runoff from its entire upstream drainage area. e. Floodplain Areas: In those areas in which a Federal Emergency Management Agency study has been completed, the provisions of The Pennington County Flood Damage Prevention Ordinance shall apply. 3. Storm Sewers: Storm sewer facilities for roads within a subdivision shall be designed in accordance with the Rapid City Drainage Criteria Manual (current edition) 4. Dedication of Drainage Easements a. General Requirements: Where a subdivision is traversed by a watercourse, drainage way, channel or stream, a major drainage easement shall be provided. b. Drainage Easements 1. Drainage facilities not located within road right-of-ways, shall be located in perpetual unobstructed easements at least fifteen (15) feet in width. Easements shall be indicated on the plat. 2. When a new drainage system proposes to alter or modify existing drainage patterns, such that flows will cross adjoining lands outside of existing drainage patterns, appropriate permanent drainage easements shall be secured from the adjoining landowners. 3. The applicant shall dedicate by drainage or conservation easement land on both sides of any existing watercourses. 500.7 - Water Facilities: A central water system shall be required in subdivisions of 15 or more lots in Suburban Residential, Low Density Residential and Planned Unit Developments and the following information shall be required: 1. Domestic Use a. Written authorization from a local water supplier that adequate water is available to serve the proposed subdivision. b. Water supply systems providing domestic water shall be submitted to the South Dakota Department of Environment and Natural Resources for review and approval. c. All water supply improvements must be shown on the construction plans. All water supply systems shall be designed by a South Dakota Registered Professional Engineer. d. Design calculation reports shall be submitted with construction plans. e. Under Layout, Preliminary, and Final Plat: a Master Plan is required for unplatted balances to prevent piece meal water system development. f. A water system serving 14 or fewer lots may also be subject to State and/or Federal regulations. 2. Fire Protection: For purposes of initial attack and fire control the following are the minimum water supply requirements: a. One and two family dwellings. The required fire flow for one and two family dwellings shall be 1,000 gallons per minute for a minimum duration of 30 minutes. b. Buildings other than one and two family dwellings. The fire flow required for a building other than one and two family dwellings shall be approved by the County Fire Administrator but shall not be less than 1,500 gallons per minute for a minimum duration of two (2) hours. c. The developer will provide the engineers design calculations of the fire flow for each fire hydrant in the subdivision for review and approval. These calculations will be based on the storage tank at 50% and 100% of capacity. d. All water storage tanks, either above or below grade, fire hydrants and related infrastructure shall be installed and operational prior to building permits being issued. e. All water capacities for fire protection shall be above and beyond the anticipated domestic and landscape water consumption. f. All fire hydrants shall be designed and installed in accordance with the City of Rapid City specifications. The location of fire hydrants shall be approved by the County Fire Coordinator. No property shall be more than 750 feet from the nearest fire hydrant without prior approval from the Pennington County Fire Coordinator. g. The fire flow requirement will be reduced by 50 percent if all structures referenced in Section 500.7-2-a and 500.7-2-b have an operational fire sprinkler system, per NFPA Standards. h. A surety shall be provided in sufficient amount to cover the costs of all required improvements per 400.3-o-2. 500.8 - Fire Mitigation Plan: For any subdivision consisting of more than seven (7) lots that is deemed to be in a moderate, high, or extreme fire hazard area. A Fire Mitigation Plan shall be developed and presented to the County Fire Administrator for review and approval prior to approval of the Preliminary Plat. A Fire Mitigation Plan shall describe action that will be taken to prevent a fire from being carried toward or through a subdivision. A Fire Mitigation Plan should include the following information: a. Copy of the subdivision site plan. b. Methods and timetables for controlling, changing, or modifying areas on the property. Elements of the plans shall include removal of slash, snags, vegetation that may grow into overhead electrical lines, other ground fuels, ladder fuels, dead trees, and the thinning of live trees. c. A plan for maintaining the proposed fuel reduction measure. To be considered a fuel modification plan for purposes of this ordinance, continuous maintenance of the clearance is required. d. Type of general building construction materials being used for roof covering, exterior walls, and decks. e. Copy of Homeowner’s Association requirements or covenants for the subdivision where applicable. 500.9 - Sewer Facilities 1. General Requirements: The applicant shall install sanitary sewer facilities in a manner prescribed by the South Dakota Department of Environment and Natural Resources construction standards and specifications. All plans shall be designed by a South Dakota Registered Professional Engineer in accordance with the rules, regulations, and standards of the South Dakota Recommended Design Criteria Manual. Plans shall be approved by the appropriate agencies. 2. Residential and Non-Residential Districts: Public sanitary sewer facilities shall be required in subdivisions where lots are less than 20,000 square feet in area with individual water systems. Sewers shall be installed to serve each lot and to grades and sizes required by approving officials and agencies. No individual disposal system shall be permitted. Public sanitary sewer facilities (including the installation of laterals in the right-of-way) shall be subject to the specifications, rules, regulations, and guidelines of the South Dakota Department of Environment and Natural Resources. 3. A surety shall be provided in sufficient amount to cover the costs of all required improvements, per 400.3-o-2. 500.10 – On-site Wastewater Disposal Systems 1. Design Criteria: Sanitary sewers shall conform to State standards. All public sewer systems shall be designed by a South Dakota Registered Professional Engineer. 2. Design Factors: Water facilities and sanitary sewer systems should be designed for the ultimate tributary population. Due consideration shall be given to current zoning regulations and approved Planning and Zoning reports where applicable. Sewer capacities shall be adequate to handle the anticipated maximum hourly quantity of sewer and industrial waste, together with an adequate allowance for infiltration and other extraneous flow. 3. Locations: Water facilities shall be located within street or alley right-of-ways unless topography dictates otherwise. When located in easements on private property, access shall be provided. End lines shall be extended to provide access from street or alley right-of-way where possible. Imposed loadings shall be considered in all locations. Not less than six (6) feet of cover shall be provided over top of pipe in street and alley right-of-ways. 500.11 - Sidewalks 1. Required Improvements: Sidewalks shall be in accordance with Section 500.5, Table 1. 2. Pedestrian Accesses: The Board of County Commissioners may require perpetual unobstructed easements at least ten (10) feet in width in order to facilitate pedestrian access to schools, parks, play grounds or like amenities. Easements shall be indicated on the Minor/Final Plat. 500.12 - Utilities 1. Location: All utility facilities, including, but not limited to, gas, electric power, telephone, and CATV cables, shall be located throughout the subdivision at the extreme edge of the right-of-way, exclusive of areas dedicated to sidewalks. All utility facilities existing and proposed throughout the subdivision shall be shown on the Construction Plans. Underground service connections are the developer’s responsibility. 2. Easements: a. Eight-foot-wide utility and minor drainage easements shall be provided on the interior side of all lot lines with the exception of common wall lot lines. b. The reservation of additional easements to accommodate utilities, drainage facilities, or pedestrian traffic may be required. 500.13 - Public Uses 1. General: Whenever a tract to be subdivided includes a school, recreation uses, or other public use, such space shall be suitably incorporated by the applicant onto his Layout Plan. After proper determination of its necessity by the Board of County Commissioners and the appropriate local government official or other public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the applicant into the Preliminary and Final Plats. a. Referral to Public Body: The Board of County Commissioners shall refer the Layout Plan to the public body concerned with acquisition for its consideration and report. The Planning Commission may propose alternate areas for such acquisition for its consideration and report. The Board of County Commissioners may propose alternate areas for such acquisition and shall allow the public body or agency thirty (30) days for reply. The agency’s recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition. b. Notice of Property Owner: Upon receipt of an affirmative report, the Planning Commission or its designee shall notify the property owner. The property owner shall designate on the Preliminary and Final Plats that area proposed to be acquired by the public body. c. Duration of Land Reservation: The acquisition of land reserved by a public agency on the Final Plat shall be initiated within 12 months of notification, in writing, from the owner that he intends to develop the land. Such letter of intent shall be accompanied by a Layout Plan of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed 12 months, shall result in the removal of the “reserved” designation from the property involved and the freeing of the property for development in accordance with these regulations. Section 600 - Assurance for Completion and Maintenance of Improvements 600.1 - Improvements and Surety 1. Completion of Improvements: The Board of County Commissioners shall require of the applicant completion of all required improvements. 2. Surety a. Surety for all required improvements not completed shall be provided at the date of Final Plat submittal. An itemized list of incomplete improvements and associated costs shall be submitted for review and approval. b. Surety, as specified in Section 200 – Definitions, shall be acceptable to the State’s Attorney and Board of County Commissioners in a form, sufficiency, and manner of execution. The Board of County Commissioners, in its resolution approving the Final Plat, shall set forth the period within which improvements shall be completed, but in no event shall such time period exceed two (2) years from the date of final approval. c. A surety or any portion thereof shall not be released without certification of completion from a South Dakota Registered Professional Engineer. 3. Failure to Complete Improvements: Where a surety has been posted and required improvements have not been completed within the terms specified by the surety, the surety shall be declared in default and the required improvements be installed, regardless of the extent of development at the time of declared default, as directed by the Board of County Commissioners. 4. Inspection of Improvements: The Developer shall provide for the inspection of required improvements during and upon completion of their construction. The applicant shall furnish to the Board of County Commissioners certification from a South Dakota Registered Professional Engineer that improvements were completed in accordance with the approved plans and these regulations. 5. Maintenance of Improvements: The applicant shall be required to file a Maintenance Agreement with the Board of County Commissioners, in a form satisfactory to the State’s Attorney, to ensure the continuous satisfactory condition of required improvements for a period of five (5) years after the date-of-acceptance by the Board. Section 700 - Subdivision Regulations Variance and Appeals Procedure 700.1 - Subdivision Regulations Variance: 1. General: The Board of County Commissioners may grant Variances from this Ordinance when strict compliance would result in undue hardship to the developer/applicant and if it would not adversely affect the public. The granting of this Variance shall not have the effect of nullifying the intent and purpose of this Ordinance. The Board of County Commissioners may not, by Variance, permit subdivision for building purposes in areas situated within the floodway of a flood of one hundred (100) year frequency, as defined by FEMA, without compliance with all applicable provisions of the Pennington County Flood Damage Prevention Ordinance. The Board of County Commissioners shall review the following criteria when considering a Subdivision Regulations Variance request: a. The granting of the Variance will not be detrimental to the public health, safety, or general welfare or injurious to other adjoining properties; b. Because of the particular physical surroundings, shape, or topographic conditions of the specific property involved, an undue hardship to the owner would result if the strict letter of this Ordinance were enforced; c. The Variance will not cause a substantial increase in public costs; and, d. The Variance will not, in any manner, place the subdivision in nonconformance with Pennington County zoning regulations or Pennington County Comprehensive Plans. 2. Procedure a. The applicant shall provide a written statement describing the requested Variance and the facts of hardship upon which the request is based. The Planning Commission and the Board of County Commissioners shall consider each requested Variance at a public meeting. b. In granting Variances, the Board of County Commissioners may impose such conditions, as will, in its judgment, secure substantially the objectives of this Ordinance, including the preparation and filing of a recordable document describing the Variance and conditions in full. 700.2 - Appeals 1. General: A decision of the Board of County Commissioners approving or rejecting a proposed subdivision plat may be reviewed, as provided by South Dakota Statute. Section 800 - Violations and Penalties 800.1 - Applicability This Subdivision Ordinance shall apply to all of the unincorporated land located within Pennington County, South Dakota. Other Subdivision requirements may exist within the platting jurisdiction of municipalities. 800.2 - Enforcement and Penalties 1. No Final Plat of a subdivision shall be approved unless it conforms to the provisions of this Subdivision Ordinance. 2. No Building Permit, or permit of any kind from any County office or official, will be issued for the construction of any structure or other improvement upon land for which a plat is required by this Ordinance unless and until all the requirements of this Ordinance have been complied with. 3. The Board of County Commissioners shall withhold all public road improvements and public maintenance from all right-of-ways which have not been accepted for such purposes by the Board of County Commissioners. 4. Violation of these Subdivision Ordinances is punishable by a fine and imprisonment as provided below: a. In addition to all other remedies available to the County to prevent, correct or abate Ordinance violations, a violation of the Subdivision Ordinance is also punishable by a fine and/or imprisonment pursuant to SDCL 7-18A-2 as provided below: 1. A fine not to exceed $500.00 for each violation or by imprisonment for a period not to exceed 30 days for each violation, or by both the fine and imprisonment. Each day the violation continues shall constitute a separate violation. The date of the first violation shall be the date upon which the property owner first received notice of the violation. 5. The Board of County Commissioners of Pennington County may seek to enjoin, in any court of competent jurisdiction, the violation or attempted violation of any provision of this Ordinance. 6. No changes, erasures, modifications or revisions shall be made in a Final Plat after approval of the plat. 7. All platting applications submitted after the effective date of this Ordinance shall comply with the provisions set forth herein. 8. The construction of roads or other improvements shall not be commenced until the Preliminary Plat has been approved by the Board of County Commissioners. Approval of a Construction Permit for road construction does not imply approval of the roads, per this Ordinance. Dated this 7th day of October, 2008. PENNINGTON COUNTY COMMISSION /s/Brenda Young, Chairperson ATTEST: /s/Cindy Mohler, Deputy Auditor O. FIRST READING AND PUBLIC HEARING OF ORDINANCE AMENDMENT / OA 08- 03: Pennington County. Section 316 – Wireless Telecommunication Facilities. MOVED by Trautman and seconded by Kjerstad to send this ordinance amendment back to the Planning Commission for further review at the October 13, 2008, Planning Commission meeting. Vote: Unanimous. MISCELLANEOUS A. APPROVE VOUCHERS: MOVED by Kjerstad and seconded by Trautman to approve the vouchers listed at the end of the minutes for expenditures for insurance, professional services, publications, rentals, supplies, repairs, maintenance, travel, conference fees, utilities, furniture and equipment, and authorize the chair’s signature thereto. Vote: Unanimous. EXECUTIVE SESSION PER SDCL 1-25-2 (3) Litigation: MOVED by Trautman and seconded by Kjerstad to convene in Executive Session. Vote: Unanimous. The Board remained in Executive Session from 1:11 p.m. until 1:25 a.m. MOVED by Trautman and seconded by Schmidt to adjourn from Executive Session. Vote: Unanimous. PAYROLL Commissioners, 15,676.50; Elections, 13,232.30; Auditor, 18,011.30; Treasurer, 45,571.78; Data Processing - Law, 11,420.96; Data Processing - General, 28,481.48; State's Attorney, 113,205.16; Public Defender, 118,889.57; Juvenile Diversion, 13,058.17; Victim's Assistance, 10,681.09; Buildings & Grounds, 88,023.11; Equalization, 55,266.61; Register of Deeds, 22,476.88; Sheriff, 283,542.15; Courthouse Security, 6,581.36; Service Station, 9,652.78; Arrest Grant, 6,764.66; HIDTA Grant, 7,998.69; CARE Budget, 11,740.73; Jail, 361,514.00; Jail Work Program, 6,688.80; Jail Medical, 3,181.92; Jail Maintenance, 10,601.52; Hill City Law, 10,927.95; Keystone Law, 4,976.26; New Underwood – Law, 3,746.67; School Liaison, 18,474.19; Wall Law, 10,535.71; JSC Teachers, 20,583.66; Home Detention, 7,013.17; Dispatch, 135,953.11; Ordinance, 10,206.02; Economic Assistance, 45,384.67; Mental & Alcohol-SAO, 6,684.25; Mental & Alcohol-HHS, 3,028.58; Alcohol & Drug, 133,624.19; Friendship House, 29,335.09; Prevention Program, 5,911.42; 24-7 Program, 15,063.03; Extension, 5,220.34; Weed & Pest, 15,938.98; West Nile, 1,578.95; Planning and Zoning, 22,752.35; Juvenile Services Center, 267,076.29; JSC Maintenance, 5,251.35; Highway, 187,587.89; Drug Seizure, 5,533.08; Fire Administration, 6,126.72; Emergency Management, 12,130.42 PERSONNEL Auditor’s Office: Effective September 29, 2008: Carol Cummings, $13.03/hr.; Lynda Leuellen, $13.69/hr; Sheriff’s Office: Effective August 27, 2008: Halli Clausen, $2,750.00; Kristie Escott, $3,862.00; Effective September 2, 2008: Roy Ulrich, $2,615.00; Effective August 25, 2008: Louis Lange, $3,257.00; Effective September 1, 2008: Donna Burney, $3,886.49; Kelly Horn, $3,886.49; Jennifer McClain, $2,984.57; Charlene Rearick, $5,198.00; Effective September 22, 2008: Lynn Renville, $2,489.00; Dale Utter, $3,178.00; Andrea Lies, $3,178.00; Jessica Schwalick, $2,489.00; Alicia Hansen, $2,489.00; State’s Attorney: Effective October 1, 2008: Wayne Venhuizen, $4,470.00. VOUCHERS Alltel, 945.43; BH Power Inc, 5,144.75; Cardmember Service, 6,455.21; CBM Food Service, 85,648.77; City of Hill City, 33.80; City of Rapid City-Water, 1,623.98; City of Wall, 95.00; First Administrators, 277,356.62; Fish Garbage, 44.84; Fleet Service, 37,833.92; Golden West Co, 1,013.46; Knology, 3,839.97; Montana Dakota Utilities, 9,094.53; Mt Rushmore Telephone, 116.00; Pioneer Bank and Trust, 2,165.47; Qwest, 158.27; US Bank, 44,906.35; Verizon, 3,880.81. ADJOURN There being no further business the meeting was adjourned at 1:26 p.m. Julie A. Pearson, Auditor Publish: October 22, 2008 October 7, 2008 1