N.D. Cent. Code § 11-33.2-04

11-33.2-04. Preparation of subdivision resolution - Contents

The board of county commissioners of any county desiring to avail itself of the powers

conferred by sections 11-33.2-01 through 11-33.2-11 and sections 11-33.2-13 through

11-33.2-15 shall direct the county planning commission, as established pursuant to sections

11-33-04 and 11-33-05, to prepare a proposed resolution regulating the subdivision of land. The

county planning commission shall prepare the proposed resolution to be submitted to the board

of county commissioners and shall file it in the office of the county auditor. The proposed

subdivision resolution may include:

1. Provisions for the submittal and processing of plats, and specifications for such plats,

including provisions for preliminary and final approval and for processing of final

approval by stages or sections of development.

2. Provisions for ensuring that:

a. The location, layout, or arrangement of a proposed subdivision shall conform to

the comprehensive plan of the county.

b. Streets in and bordering a subdivision shall be coordinated, and be of such width

and grade and in such locations as deemed necessary to accommodate

prospective traffic, and facilitate fire protection.

c. Adequate easements or rights of way shall be provided for drainage and utilities.

d. Reservations if any by the developer of any area designed for use as public

grounds shall be of suitable size and location for the designated use.

e. Land which is subject to extraordinary hazards, including flooding and

subsidence, either shall be made safe for the purpose for which such land is

proposed to be used, or shall be set aside for uses which shall not endanger life

or property or further aggravate or increase the existing hazard.

3. Provisions governing the standards that public improvements shall meet, including

streets, walkways, curbs, gutters, streetlights, fire hydrants, and water and sewage

facilities. As a condition of final approval of plats, the board of county commissioners

may require that the subdivider make and install such public improvements at the

subdivider's expense and that the subdivider execute a surety bond or other security to

ensure that the subdivider will so make those improvements within such time as the

board of county commissioners shall set.

4. Provisions for release of a surety bond or other security upon completion of public

improvements required to be made by the subdivider.

5. Provisions for encouraging and promoting flexibility, economy, and ingenuity in the

location, layout, and design of subdivisions, including provisions authorizing the board

of county commissioners to attach conditions to plat approvals requiring practices

which are in accordance with modern and evolving principles of subdivision planning

and development, as determined by the board of county commissioners.