§ 19-868.8. Approval of plat of subdivided lands - Rules and regulations.

From and after the date of the adoption of a plan for major streets or highways as a part of the master plan for the physical development of the unincorporated areas of the county and the adoption of the rules and regulations hereinafter in this section provided for, no plat of a subdivision of land within the unincorporated areas of said county shall be recorded in the office of the county clerk until it shall have been approved by such county planning commission and such approval be endorsed in writing on the plat.  The approval of the planning commission required by this section or the refusal to approve shall take place within forty-five (45) days from and after the submission of the plat for final approval unless stipulation for additional time is agreed to by the applicant; otherwise, said plat shall be deemed to have been approved, and the certificate of the said county planning commission as to the date of the submission of the plat for approval and the failure to take action thereon within such time shall be sufficient in lieu of the written endorsement or evidence of approval herein required.  The ground of refusal or approval of any plat submitted, including citation of or reference to the rule or regulation violated by the plat, shall be stated upon the record of the commission.

Such county planning commission shall adopt rules and regulations of uniform application governing plats and subdivisions of land falling within its jurisdiction.  Such regulations shall provide for: the proper arrangement of streets or other highways in relation to existing or planned streets or highways or to the master plan of the county; building lines; open spaces for traffic, utilities, access of fire fighting apparatus, recreation and light and air; and the avoidance of congestion of population, including the minimum width and area of lots.  Such rules and regulations shall not require the dedication to the general public of open grounds or space other than streets and ways and utility easements, nor any requirement as to the minimum percentage of lot occupancy, nor as to height, bulk, location or use of buildings; and minor streets shall not be required to be wider than sixty (60) feet.  Said regulations may include provisions as to the extent to which streets and other highways shall be graded and improved and to which water, sewer and other utility mains, piping or other facilities shall be installed or assured as a condition precedent to the approval of the plat; and the board of county commissioners is hereby authorized to prepare such specifications and to make such orders, inspections, examinations and certificates as may be necessary to protect and carry out such provisions and make them effective.  Such general rules shall provide for the modification thereof by the county planning commission in specific cases where unusual topographical or other exceptional conditions may require the same.  Said regulations shall provide for tentative approval of the plat previous to the installation or assurance of such improvements and facilities; provided that any such tentative approval shall be revocable and shall not be entered upon the plat.  Such regulations shall provide that, in lieu of the completion of the construction of the required improvements and facilities prior to the final approval of the plat, the county planning commission may accept bond of not less than ten percent (10%) and not to exceed one hundred percent (100%) of the cost of construction of the proposed improvements and facilities for the board of county commissioners in the amount and with surety and conditions satisfactory to it, providing for and securing to the board of county commissioners the actual construction of such improvements and facilities within a period specified by the county planning commission, and the board of county commissioners is hereby granted the power to enforce such bond by all legal and equitable remedies.  Such regulations shall be adopted, changed or amended only after a public hearing has been held thereon.  Upon adoption, said general rules shall be certified to the board of county commissioners and to the county clerk.

If the governing body of a city or town protests against a subdivision plat of any land lying within three (3) miles of the limits of the incorporated area of such city or town, the plat shall be approved only by a favorable vote of two-thirds (2/3) of the whole membership of the county planning commission with the reasons therefor spread upon its minutes.

Added by Laws 1972, c. 244, § 8, emerg. eff. April 7, 1972.