Approval of plats by commission - Hearings - Notice - Effect

N.D.C.C. § 40-48-21 — under Municipal Master Plans and Planning Commissions.

N.D.C.C. § 40-48-21

Within thirty days after the submission of a plat, the planning commission shall approve or disapprove the plat. If the plat is not approved or disapproved within that time, the plat is deemed to have been approved, and a certificate to that effect must be issued by the commission on demand. The applicant, however, may waive the requirement that the commission act within thirty days and may consent to an extension of the period. The commission shall state the grounds upon which any plat is approved or disapproved, and written findings upon which the decision is based must be included within the records of the commission. Any plat submitted to the commission must contain the name and address of an individual to whom notice of a hearing must be sent. No action may be taken by the commission upon any plat until the commission has afforded a hearing thereon. At least five days before the date fixed for the hearing, a notice of the time and place of the hearing must be sent by registered mail to the address shown on the plat. Public notice of all hearings also must be given. Every plat approved by the commission may be adopted by the commission as an amendment of or addition to the master plan without further hearing.

40-48-22. Items considered in approving plat - Notations made on plat - Deed delivered to municipality or county. Before the approval of a plat, the planning commission and the governing body shall take into consideration the prospective character of the development of the area included in the plat and of the surrounding territory. The owner of the land or the owner's agent who files the plat may add as a part of the plat a notation to the effect that no offer or dedication of the streets, parks, or playgrounds shown thereon, or of any of them, is made to the public. The owner or the owner's agent may show by a dotted line on the plat the dedication of an easement for building setback lines or for use in establishing public utility lines. At the time of the filing of the plat, the planning commission or the governing body may require that a deed to the fee for streets or other areas offered for dedication to the public on said plat be delivered to the municipality or county, as the case may be, where the same are located.

40-48-23. Penalty for transfer of lots in unapproved subdivision - Injunction - Civil action. Any owner, or the agent of any owner, of land located within the territory of a subdivision that is subject to the approval of a planning commission or governing body of a municipality who transfers, sells, agrees to sell, or negotiates to sell any land by reference to or exhibition of a plat of a subdivision, or by any other use thereof, before such plat has been approved by the planning commission and governing body and recorded as approved in the office of the appropriate recorder, shall forfeit and pay a penalty of one hundred dollars for each lot or parcel transferred or sold or agreed or negotiated to be sold. The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies provided in this section. The municipality may enjoin such transfer, sale, or agreement by an action for injunction, or it may recover the penalty by a civil action.