11-821. Subdivision regulations; subdivision
reservation for public facilities and services; conditions;
procedures; time limitation
L10, Ch. 244, sec. 7. Eff. 10/1/11)
A. The county board of supervisors shall regulate the subdivision of all lands
within its corporate limits, except subdivisions that are regulated by municipalities.
B. The commission shall recommend to the board and the board shall adopt general
regulations of uniform application governing plats and subdivisions of land within its
area of jurisdiction. The regulations adopted shall secure and provide for the proper
arrangement of streets or other highways in relation to existing or planned streets,
highways or bicycle facilities or to the official map for adequate and convenient open
spaces for traffic, utilities, drainage, access of firefighting apparatus, recreation,
light and air. The board may adopt general regulations to provide for the proper
arrangement of hiking and equestrian trails in relation to existing or planned streets or
highways, and if adopted, the hiking and equestrian trails shall conform to the official
map for adequate and convenient open spaces for traffic, utilities, drainage, access of
firefighting apparatus, recreation, light and air. The general regulations may provide
for modification by the commission in planned area development or specific cases where
unusual topographical or other exceptional conditions may require such action. The
regulations shall include provisions as to the extent to which streets and other highways
shall be graded and improved and to which water, sewer or other utility mains, piping or
other facilities shall be installed or provided for on the plat as a condition precedent
to the approval of the final plat.
C. Boards of supervisors of counties shall prepare specifications and make orders,
inspections, examinations and certificates as may be necessary to protect and complete
the provisions and make them effective. The regulations shall require the posting of
performance bonds, assurances or such other security as may be appropriate and necessary
to ensure the installation of required street, sewer, electric and water utilities,
drainage, flood control and improvements meeting established minimum standards of design
and construction.
D. Before adoption of regulations by the board or any amendment as provided in this
article, the commission shall hold a public hearing. The commission shall certify a copy
of the regulations to the county board of supervisors, which shall hold a public hearing
after notice of the time and place has been given by one publication fifteen days before
the public hearing in a newspaper of general circulation in the county.
E. A board of supervisors may require by ordinance that land areas within a
subdivision be reserved for parks, recreational facilities, school sites and fire
stations subject to the following conditions:
1. The requirement may only be made on preliminary plats filed at least thirty days
after the adoption of a comprehensive plan or amendment of the plan affecting the land
area to be reserved.
2. The required reservations are in accordance with definite principles and
standards adopted by the board or commission.
3. The land area reserved is of such a size and shape as to permit the remainder of
the land area of the subdivision within which the reservation is located to develop in an
orderly and efficient manner.
4. The land area reserved is in such multiples of streets and parcels as to permit
an efficient division of the reserved area if it is not acquired within the prescribed
period.
F. The public agency for whose benefit an area has been reserved has one year after
recording the final subdivision plat to enter into an agreement to acquire the reserved
land area. The purchase price is the fair market value of the land at the time of the
filing of the preliminary subdivision plat plus the taxes against the reserved area from
the date of the reservation and any other costs incurred by the subdivider in the
maintenance of the reserved area, including interest cost incurred on any loan covering
the reserved area.
G. If the public agency for whose benefit an area has been reserved does not
exercise the reservation agreement within the one year period or an extended period
mutually agreed on by the public agency and the subdivider, the reservation of the area
terminates.
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