FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the platting and
annexation of subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-4-4.3 be amended to read as follows:
9-4-4.3. Prior to adoption, copies of the resolution of intent with a notice of time and place
of the public hearing shall
, not less than ten days prior to the date of the public hearing, be
forwarded
, by certified mail to the
county commissioners and the affected landowners
and the
county auditor, who shall then forward the resolution of intent and notice of public hearing
regarding the resolution of intent to the county commissioners. The notice shall be postmarked
not less than ten days and not more than twenty days before the date of the public hearing. The
resolution of intent
shall may be adopted, pursuant to chapter 9-19, with or without amendments
after the public hearing. The governing body shall utilize and rely upon the records of the county
director of equalization for the purposes of determining the affected landowners.
Section 2. That § 9-4-4.4 be amended to read as follows:
9-4-4.4. The governing body shall hold a public hearing to consider extension of its
boundaries within sixty days of the adoption of the resolution of intent provided for in §§ 9-4-4.2 and 9-4-4.11. Prior to adoption of the resolution of annexation, a copy of the adopted
resolution of intent and a notice of
public hearing giving the time and place of the public hearing
on the resolution of annexation shall be forwarded by certified mail to the
county commissioners
and the affected landowners
and the county auditor, who shall then forward the adopted
resolution of intent and notice of public hearing regarding the resolution of annexation to the
county commissioners. The notice shall be postmarked not less than ten days and not more than
twenty days before the date of the public hearing. The governing body shall utilize and rely upon
the records of the county director of equalization for the purposes of determining the affected
landowners. The governing body may adopt an annexation resolution, containing the description
and boundaries of the territory to be annexed, pursuant to chapter 9-19, within one hundred and
twenty days of the public hearing. The governing body shall consider any objections to the
resolution of annexation and the adopted resolution of intent, and may adopt the resolution of
annexation with or without amendments, and may also add to the resolution of annexation any
amendments to the resolution of intent. No amendment may be made affecting any property not
described in the original resolution.
Section 3. That § 11-6-18.2 be amended to read as follows:
11-6-18.2. A summary of the action of the city council shall be prepared by the city
finance
officer, auditor, clerk, or planning commission, reviewed by the city attorney, and published
once in a legal newspaper of the municipality and take effect on the twentieth day after its
publication. Any summary published under the provisions of this chapter shall contain a
notification that the public may inspect the entire comprehensive plan or any part, adjunct,
amendment, or additions
thereto to the comprehensive plan at the office of the city auditor or
clerk during regular business hours.
Section 4. That § 11-6-26 be amended to read as follows:
11-6-26. After the city council of any municipality has adopted a comprehensive plan that
includes at least a major street plan or has progressed in its comprehensive planning to the stage
of making and adopting a major street plan, and has filed a certified copy of the major street
plan in the office of the register of deeds of the county in which the municipality is located, no
plat of a subdivision of land lying within the municipality, or of land within three miles of its
corporate limits and not located in any other municipality, may be filed or recorded unless the
plat has the recommendation of the city planning and zoning commission and the approval of
the city council. As an alternative, the plat may be reviewed and approved in accordance with
§ 11-3-6. This provision applies to land within three miles of the corporate limits of the
municipality and not located in any other municipality only if the comprehensive plan or major
street plan includes such land. However, if such extra municipal land lies within three miles of
more than one municipality, the jurisdiction of each municipality terminates at a boundary line
equidistant from the respective corporate limits of the municipalities, unless otherwise agreed
to by a majority vote of the governing body of each such municipality. The plats shall, after
report and recommendations of the commission are made and filed, be approved or disapproved
by the city council or reviewed and approved in accordance with § 11-3-6. The commission
shall make its recommendation to the council within sixty days of submission. The following
provisions apply to all subdivisions of land that are not approved pursuant to § 11-3-6, and are
located outside of municipal corporate limits:
(1) A municipality may elect to approve subdivision plats outside of but not exceeding
three miles from its corporate limits, and not located in any other municipality;
(3) A copy of the adopted comprehensive plan and major street plan shall be forwarded
to the county commissioners through the office of the county auditor or clerk in
which the municipality is located;
(4) After the comprehensive plan and major street plan is adopted and before approving
plats outside municipal limits, the municipality shall adopt a subdivision ordinance
that will govern the area outside municipal limits. The ordinance shall be adopted
according to the provisions of § 11-6-27 and shall incorporate a platting jurisdiction
boundary map or text description of the area to be governed;
(5) Subdivision plats may not be filed or recorded unless the plat has the
recommendation of the city planning and zoning commission within sixty days of
submission, and the approval of the city council;