12-749.   Same; subdivision regulations; adoption and amendment; notice andhearing.(a) Following adoption of a comprehensive plan, a city planning commission mayadopt and amend regulations governing the subdivision of land. A city planningcommission shall apply subdivision regulations to all land located within thecity and may apply such regulations to land outside of but within three milesof the nearest point of the city limits provided such land is within the samecounty in which the city is located and does not extend more than 1/2 thedistance between such city and another city which has adopted regulations underthis section. A county planning commission may establish subdivisionregulations for all or for parts of the unincorporated areas of the county.

      (b)   Subdivision regulations may include, but not be limited to,provisions for:(1) Efficient and orderly location of streets; (2) reduction of vehicularcongestion; (3) reservation or dedication of land for open spaces; (4) off-siteand on-site public improvements; (5) recreational facilities which may include,but are not limited to, the dedication of land area for park purposes; (6)flood protection; (7) building lines; (8) compatibility of design; (9)stormwater runoff, including consideration of historic and anticipated100-year rain and snowfall precipitation records and patterns; and (10) anyother services, facilities and improvements deemed appropriate.

      (c)   Subdivision regulations may provide for administrativechanges to landelevations designated on a plat. Such regulations may provide for platapproval conditional upon conformance with the comprehensive plan. Suchregulations may provide for the payment of a fee in lieu of dedication of land. Such regulations may provide that in lieu of the completion of any work orimprovements prior to the final approval of the plat, the governing body mayaccept a corporate surety bond, cashier's check, escrow account, letter ofcredit or other like security in an amount to be fixed by the governing bodyand conditioned upon the actual completion of such work or improvements withina specified period, in accordance with such regulations, and the governing bodymay enforce such bond by all equitable remedies.

      (d)   Before adopting or amending any subdivision regulations, theplanningcommission shall call and hold a hearing on such regulations or amendmentsthereto. Notice of such hearing shall be published at least once in theofficial city newspaper in the case of a city or in the official countynewspaper in the case of a county. Such notice shall be published at least 20days prior to the hearing. Such notice shall fix the time and place for suchhearing and shall describe such proposal in general terms. In the case of ajoint committee on subdivision regulations, such notice shall be published inthe official city and official county newspapers. The hearing may be adjournedfrom time to time and at the conclusion of the same, the planning commissionshall prepare its recommendations and by an affirmative vote of a majority ofthe entire membership of the commission adopt the same in the form of proposedsubdivision regulations and shall submit the same, together with the writtensummary of the hearing thereon, to the governing body. The governing bodyeither may: (1) Approve such recommendations by ordinance in a city orresolution in a county; (2) override the planning commission's recommendationsby a 2/3 majority vote; or (3) may return the same to the planning commissionfor further consideration, together with a statement specifying the basis forthe governing body's failure to approve or disapprove. If the governing bodyreturns the planning commission's recommendations, the planning commission,after considering the same, may resubmit its original recommendations givingthe reasons therefor or submit new and amended recommendations. Upon thereceipt of such recommendations, the governing body, by a simple majoritythereof, may adopt or may revise or amend and adopt such recommendations by therespective ordinance or resolution, or it need take no further action thereon. If the planning commission fails to deliver its recommendations to thegoverning body following the planning commission's next regular meeting afterreceipt of the governing body's report, the governing body shall consider suchcourse of inaction on the part of the planning commission as a resubmission ofthe original recommendations and proceed accordingly. The proposedsubdivision regulations and any amendments thereto shall become effective uponpublication of the respective adopting ordinance or resolution.

      History:   L. 1991, ch. 56, § 9;L. 1997, ch. 72, § 2; July 1.