Morton County Commission Meeting Agenda

March 12, 2015

Commission Room, Morton County Courthouse

210 2nd Ave NW, Mandan ND

5:30 PM

Call to order

Roll Call

Approval of Agenda

Approval of minutes of previous meetings

Approve monthly bills and payroll – Commissioner Leingang

1. Wendy Bent/County Human Resources

• Leave Rollover Balances Over and Above 240 – Commission Review and Consideration for Extension Requests

• Interview and Selection Plan for Planning and Zoning Director

o Candidate Review

o Interview Materials and Panel Review

o Interview Schedule Options

o Commission Input if Desired

2. Linda Morris/Tax Director

• Abatements for the boards consideration

3. Tom Doering/Emergency Manager

• Fire Emergency and Burn Ban

• Request Authorization to Utilize Tier II Funding for an exercise meal.

4. Kyle Kirchmeier/Sheriff

• Purchase of Transport Van & LEC Building Improvements

5. Daniel Nairn/County Planner

• Request final plat approval of a short-form subdivision known as Kuntz Subdivision and zoning map amendment from

Agricultural (A) District to Residential (R) District for approximately 2 acres in the SW ¼ of Section 30, Township 135

North, Range 81 West.

• Request for final plat approval of a short form subdivision known as Entzel’s Industrial Park Second Subdivision for

approximately 4.3 acres in the SE ¼ of Section 4, Township 139N, Range 81 West.

• Request for approval of a zoning map amendment from Agricultural (A) District to Residential (R) District for

approximately 8 acres in the NE ¼ of Section 2, Township 134 N, Range 84 West.

• Request for approval of an amendment to Section 7-070 Easements of Article 7 Subdivision of Land of the Morton County

Land Use Code for the purpose of setting terms for utility easements drainage easements, and access easements on

subdivision plats.

• Request for final plat approval of a short form subdivision know as Freeway Services Subdivision in the NE ¼ of Section

15, Township 139 North, Range 82 West.

• Request for approval of an amendment to Section 7-030 Determination of Process of Article 7 Subdivision of Land of the

Morton County Land Use Code for the purpose of establishing grounds for exemption from the platting process, procedures

for exempt divisions of land, and criteria for long-form subdivision.

• Recognition of appreciation for John Schafer ‘s service as chair of the Planning and Zoning Commission.

6. Mike Aubol/County Engineer

• Award of Bid for 2015 Gravel Crushing and Stockpiling

• Acceptance of Bid for Furnishing of Metal Culverts

• Acceptance of Bid for Furnishing of Concrete Culverts

• Authorization to Advertise for Paving of Ft Abraham Lincoln State Park Entrance

• Approval of Paving Projects on Existing Graveled Roadways

7. Dawn Rhone/ County Auditor

*ISSUES MAY BE ADDED OR DELETED BY MEETING DAY.

Please note: These are unofficial minutes and are subject to change. They will be approved and

become official at the next regularly scheduled meeting. MORTON COUNTY COMMISSION REGULAR MEETING March 2, 2015 The Morton County Commission convened a joint meeting with Burleigh County in the Baker Meeting Room, 221 N 5

th St, Bismarck, on March 2, 2015 at 6:00 PM with all Commissioners present.

The Architect team gave an update on the bids that were submitted for the Joint Detention Center project. Burleigh County Tax Director Vietmeier presented the $6,000,000 appraisal of the parcel on which the Joint Detention Center will be constructed. Burleigh County Commission passed a motion to purchase the parcel from the Burleigh County Fair Board in the amount of $6,000,000. Schulz moved and Boehm seconded to accept the bids for construction of the Joint Detention Center in the amount of $82,857,853. All voting aye, motion carried. Scott Wegner, Bond Counsel, presented the Joint Powers Agreement. Boehm moved and Leingang seconded to approve the Joint Powers Agreement. All voting aye, motion carried. Burleigh County Chairman Schonert adjourned the meeting.

Bruce Strinden, Chairman, Morton County Commission ________________________

Dawn R Rhone, County Auditor ________________________________

Please note: These are unofficial minutes and are subject to change. They will be approved and

become official at the next regularly scheduled meeting. MORTON COUNTY COMMISSION REGULAR MEETING February 24, 2015 The Morton County Commission Regular Meeting was called to order on February 24, 2015 at 5:30 PM by Chairman Strinden at the Morton County Courthouse, 210 Second Avenue NW, Mandan, North Dakota. Others present were Commissioners Zachmeier, Boehm, Leingang, Schulz and Auditor Rhone, States Attorney Koppy and Assistant States Attorney Grosinger.

Boehm moved and Schulz seconded to approve the agenda with an addition. All voting aye, motion

carried.

Schulz moved and Boehm seconded to approve the minutes of the February 12, 2015 meeting. All

voting aye, motion carried. Schulz moved and Leingang seconded to approve bills. All voting aye, motion carried. Leingang moved and Boehm seconded appropriate $5,985 of Morton County development funds for enhancements to the Old Red Old Ten Scenic Byway. All voting aye, motion carried.

Zachmeier moved and Leingang seconded approve abatement #4722-4737. All voting aye, motion

carried

Boehm moved and Leingang seconded to approve abatement #4732. All voting aye, motion carried.

Boehm moved and Leingang seconded to approve abatement #4733-4737. All voting aye, motion

carried.

Auditor Rhone presented the following proposed 2014 Budget Amendments for the Board’s

consideration:

Fund Original Budget Amendment Amended Budget

General $ 7,885,686 $ 291,626 $ 8,177,312

Road & Bridge $ 5,195,340 $ 970,958 $ 6,166,298

Farm to Market $ 1,852,477 $ 4,286,877 $ 6,139,354

County Extension $ 210,346 $ 25,670 $ 236,016

County Park $ 705,385 $ 63,702 $ 769,087

Property Forfeiture $ 0 $ 13,000 $ 13,000

Inmates Betterment $ 0 $ 20,152 $ 20,152

Capital Projects $ 38,750 $ 104,242 $ 142,992

E-911 $ 120,000 $ 26,218 $ 146,218

Schlosser Specials #5 $ 18,219 $ 1 $ 18,220

Entzels Specials #5 $ 7,826 $ 1 $ 7,827

Internal Service Fund $ 103,749 $ 27,706 $ 131,455

County Motor Pool $ 30,464 $ 576 $ 31,040

Apartment Building $ 90,000 $ 26,967 $ 116,967

Protest Fund $ 0 $ 2,410 $ 2,410

Estimate Fund $ 0 $ 19,347 $ 19,347

County Library $ 160,100 $ 11 $ 160,111

CSCC Grant $ 0 $ 7,853 $ 7,853

MC Comm Gardens $ 0 $ 958 $ 958

DHS CAP 11-12 $ 0 $ 7,607 $ 7,607

Schulz moved and Boehm seconded to approve the 2014 Budget Amendments as presented. All voting

aye, motion carried.

The total of all county funds expended from February 13, 2015 through February 24, 2015, equals

$291,428.46. A detailed list of funds expended by check is available for public inspection anytime during

regular business hours at the Morton County Auditor’s Office.

Boehm moved and Schulz seconded to adjourn at 6:26 PM. All voting aye, motion carried.

Bruce Strinden, Chairman, Morton County Commission ________________________

Dawn R Rhone, County Auditor ________________________________

Date:

To: Morton County Board of Commissioners

From: Linda Morris, Tax Director

RE: MARCH 12, 2015 ABATEMENTS

TAX ABATEMENT TYPE OF

YEAR NUMBER ABATEMENT

2014 4738 HOMESTEAD CREDIT 653776000 HAFF $153,500 802 SWEETBRIAR RD NW MD

2014 4739 HOMESTEAD CREDIT 410689100 HAWLEY $121,100 5500 TRAILS END DR MD

2014 4740 HOMESTEAD CREDIT 653682000 WINKLER $66,700 206 7TH AVE SW MD

2013 4741 HOMESTEAD CREDIT 654537000 PALMER $128,200 1406 6TH AVE NW MD

3/9/2015

PARCEL OWNERASSESSED

VALUEADDRESS

From: Tom Doering

Sent: Monday, March 09, 2015 9:59 AM To: Morton CM; Morton PTRL; 'Almont - Dave Jacobson'; 'Flasher - Lee Fitterer'; Hebron - Jason Wehri;

'Hebron - Kevin Staiger'; 'Mandan City - Steve Nardello'; 'Mandan Rural - Lynn Gustin'; 'New Salem - Barry Schulz'; Shawn Dziuk

Cc: Bruce Strinden; Cody Schulz ; Belinda Eckroth; 'Anton, Amy J.'

Subject: 2015 Fire Season

The Rangeland Fire Index for the 2015 Fire Season was posted this morning. Somewhat concerning as

we are a full month ahead of last year.

Morton County is currently in the “MODERATE” category. Sioux and Grant Counties are already in the

“VERY HIGH” category. Given this week’s temps Morton County will likely soon follow suit.

The link to North Dakota’s Rangeland Fire Index is as listed here:

http://www.crh.noaa.gov/bis/?n=fire_weather_public (To view the most current categories, make sure

you refresh the page).

Make sure the link is saved to your favorites or on your desk top in dispatch.

We do not have an active Fire Emergency and Burn Ban in effect and won’t until the Commission

Meeting on March 12.

Between today and Thursday, anyone calling to do a controlled burn should be advised of the current

Rangeland Fire Index. Be advised that the Rangeland Fire Index can change throughout the day so again

refresh the page.

When Morton County’s Fire Emergency and Burn Ban goes into effect on Thursday, persons calling to do

a controlled burn should be told that

burning as stated is prohibited when the Rangeland Fire Index is in the High, Very High, Extreme or Red

Flag Warning categories.

We will do a press release out of this office as soon as the Fire Emergency and Burn Ban for Morton

County, North Dakota is signed.

The Fire Emergency and Burn Ban is written as listed below:

FIRE EMERGENCY AND BURN BAN

for

MORTON COUNTY, NORTH DAKOTA

March 12, 2015

WHEREAS, the Morton County Board of Commissioners recognizes that spring and summer

weather conditions have the potential to create imminent risk to the citizens and property within

Morton County, ND of unnecessary loss by fire; and

WHEREAS, the Board wishes to regulate activities within Morton County which pose a potential

hazard for such loss, should these weather conditions exist; and

WHEREAS, all available resources remain committed to protecting life and property; and

WHEREAS, the impact of fires could threaten the health, well-being, and safety of citizens of

Morton County; and

WHEREAS, the cost of response and the inordinate equipment wear may be far in excess of

available County resources.

NOW, THEREFORE, BE IT RESOLVED, that the Morton County Board of Commissioners declares

a Fire Emergency and Burn Ban to include a ban on garbage/pit burning, campfires, charcoal grills,

burning of farmland, cropland or ditches, remain in effect when the North Dakota Rangeland Fire

Danger Index is in the High, Very High or Extreme category and/or a Red Flag Warning has been issued

for Morton County, North Dakota until further notice. This ban DOES NOT include the use of campfires,

charcoal grills and/or chiminea devices within the City Limits of Almont, Flasher, Glen Ullin, Hebron,

Mandan and New Salem.

THE PENALTY FOR VIOLATION OF THIS BURN BAN IS A CLASS B MISDEMEANOR (NDCC 37-17.1-

10.1: MAXIMUM SENTENCE OF 30 DAYS IN JAIL AND $1,000 FINE).

The daily Fire Danger Index can be found at the following Web site:

http://www.crh.noaa.gov/bis/?n=fire_weather_public

DATED at Mandan, North Dakota this 12 day of March, 2015.

_______________________________

Bruce Strinden, Chairman

Morton County Commission

Morton County Department of Planning and Zoning 701-667-3346 | 2916 37th St. NW, Mandan, ND 58554 Page 1 of 3

P&Z SUMMARY | FOR MARC H 12, 2015 COMM IS S IO N MEET I NG

This summary is intended to prepare Morton County Commissioners for the planning and zoning portion of the

upcoming commission meeting, and brief Commissioners on issues addressed during the February 26, 2015

Planning and Zoning Commission meeting.

1. Request for final plat approval of a short-form subdivision known as Kuntz Subdivision and zoning

map amendment from Agricultural (A) District to Residential (R) District for approximately 2 acres

in the SW ¼ of Section 30, Township 135 North, Range 81 West.

a. Summary: The applicant is seeking to create a 2-acre lot for a new home. The mobile home has already been installed, and Morton County contacted the landowner about the need for rezoning and building permit.

b. P&Z Action: Recommended approval the final plat.

2. Request for final plat approval of a short form subdivision known as Entzel’s Industrial Park Second Subdivision for approximately 4.3 acres in the SE ¼ of Section 4, Township 139 N, Range 81 W.

a. Summary: The applicant is seeking approval of a one-lot subdivision in an area already

zoned Industrial (I) District. The applicant intents to build storage units.

b. P&Z Action: recommended approval of the final plat with the following conditions:

i. Amendment of the utility easement to 20’ instead of the 40’ indicated on the plat and the addition of a 10’ construction material easement on the north side in addition to the 20’ utility easement.

ii. Amendment to the south boundary line of the plat to extend to the centerline of 37th Street with survey monuments placed on all four corners of the 60’ dedication of right of way.

3. Request for approval of a zoning map amendment from Agricultural (A) District to Residential (R) District for approximately 8 acres in the NE ¼ of Section 2, Township 134 N, Range 84 W.

a. Summary: The applicant is seeking approval of a zone change to allow construction of a

single-family home on an 8-acre lot. The home construction has already begun, and Morton County contacted the landowner about the need for rezoning and building permit.

b. P&Z Action: recommended approval of the zoning map amendment with the following conditions:

i. All previously placed survey monuments on Lot A are identified and flagged. If no

survey monuments can be identified, a short-form subdivision process is required.

4. Request for approval of an amendment to Section 7-070 Easements of Article 7 Subdivision of

Morton County Department of Planning and Zoning 701-667-3346 | 2916 37th St. NW, Mandan, ND 58554 Page 2 of 3

Land of the Morton County Land Use Code for the purpose of setting terms for utility easements, drainage easements, and access easements on subdivision plats.

a. Summary: Morton County requires easements for utilities, drainage, and access on many

subdivision plats. The proposed changes to the land use code establish terms and conditions that would apply to each of these easements. The draft amendment, reflecting the recommendation of the Planning and Zoning Commission, is attached.

b. P&Z Action: recommended approval of the amendments to Section 7-070 Easements of Article 7 Subdivision of Land of the Morton County Land Use Code with the following condition:

i. Utility easements shall be at least forty (40) feet in width, but the Commission may allow a reduced width of no less than twenty (20) feet if shown to be sufficient to meet anticipated needs.

ii. Removal of the last sentence of paragraph 4 of page 2 of 3 of Section 7-070 Easements, “A grantee using this temporary construction easement area shall be subject to the same liabilities for damage contained herein for the primary utility easement.”

5. Request for final plat approval of a short form subdivision known as Freeway Services Subdivision in the NE ¼ of Section 15, Township 139 North, Range 82 West.

a. Summary: The applicant is seeking approval of a one-lot subdivision to expand the

existing Freeway 147 truck stop. The Planning and Zoning Commission held public hearings in July, August, and October of 2014, and in February of 2015. A subcommittee of the Planning and Zoning Commission met three times between November 2014 and February 2015 to discuss the application. The applicant has requested special conditions and waivers from the zoning and subdivision regulations, related to utility easements, stormwater management, and the septic system servicing the site. The Planning and Zoning Commission evaluated these requests, in negotiation with the applicant, and can now recommend the plat with certain conditions.

b. P&Z Action: recommended approval of the final plat with the following conditions:

i. A separate easement instrument is recorded to convey a utility easement for the 20’ strip of land on the east boundary of Auditor Lot A.

ii. A signed agreement to use the existing sewage lagoon servicing Freeway 147 Truck Stop is kept on file with the Planning & Zoning Department.

iii. Language on the Owner’s Certificate of Dedication is changed to reference 7-070 of the Morton County Land Use Code in addition to any restrictions of all above ground utilities in the utility easement.

iv. Identify on the plat that there is a private agreement in regards to the sanitary sewer system access.

c. Stormwater Management Plan: The Morton County Land Use Code requires stormwater management plans in certain circumstances. The relevant section of law is attached for review. The applicant requested a waiver from the requirement to produce a stormwater management plan, and also argued that the subdivision should be exempt from the

Morton County Department of Planning and Zoning 701-667-3346 | 2916 37th St. NW, Mandan, ND 58554 Page 3 of 3

requirement. The Planning and Zoning Commission recommended granting this waiver for the subdivision, but not for the building permit that will be required to install diesel lanes. County Engineer Mike Aubol recommends a stormwater management plan for this site. To clarify the Commissions directive, the Tax Equalization Department asks the Commission to pass a motion stating their wishes concerning the stormwater management plan before a building permit is issued.

6. Request for approval of an amendment to Section 7-030 Determination of Process of Article 7 Subdivision of Land of the Morton County Land Use Code for the purpose of establishing grounds for exemption from the platting process, procedures for exempt divisions of land, and criteria for long-form subdivision.

a. Summary: The proposed amendment would exempt certain divisions of land from

subdivision requirements. Divisions of 35 acres and greater are already exempt. This would add: lot modifications such as boundary line adjustments, lots created around existing homes in the agricultural area, lots for public use, court-ordered divisions of land, and other less common situations. The amendment would also require a long-form subdivision for all commercial and industrial zoned subdivisions.

b. P&Z Action: recommended approval of the amendment.

7. Resolution of appreciation for John Shafer’s service as chair of the Planning and Zoning Commission.

Flasher

Louse Creek

37th

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CR 84

HWY 21

38th

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PARK

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67th S

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135-84

134-84

Morton County Planning and Zoning DepartmentErhardt Rezoning Created: 2/4/2015

MandanAlmontHebron

Flasher

¯0 970 1,940485 Feet

ZoningAgriculturalCommercialLimited Commercial

IndustrialResidentialRecreation

Residential, MultifamilyExtraterritorial Area

Proposed boundaries of site not exact.For planning purposes only.

MORTON COUNTY COMMISSION

RESOLUTION NO. PZ15-02

A RESOLUTION OF THE COUNTY OF MORTON, NORTH DAKOTA, TO AMEND SECTION 7-070

EASEMENTS OF ARTICLE 7 SUBDIVISION OF LAND OF THE MORTON COUNTY LAND USE CODE.

BE IT RESOLVED BY THE COUNTY COMMISSION OF MORTON COUNTY, NORTH DAKOTA:

SECTION 1. Amendment. Section 7-070 Easements of the Morton County Land Use Code

is hereby amended as attached.

SECTION 2. Repeal. All resolutions or parts of resolutions in conflict with this ordinance

are hereby repealed.

SECTION 3. Taking Effect. This resolution shall take effect upon final passage, adoption

and publication.

ADOPTED AND RESOLVED this ____ day of ______________, 2015.

ATTEST:

Morton County Commission

_________________________ _________________________

Auditor Chairman

Dawn R. Rhone Bruce Strinden

Page 1 of 3

Amend Morton County Land Use Code as follows (underlined text is added, strike-through text is

removed):

Section 7-070 Easements

All subdivisions, except for exempt divisions of land, shall meet the following easement standards, as

authorized by NDCC 11-33.2-04:

All easements dedicated with subdivisions shall be indicated on the plat with the proper (a)

designation. All plats containing said easements shall reference this section of the Morton

County Land Use Code in the owners certificate of dedication. Any amendment to or waiver

from the provisions of this section that is included within the owners dedication of certification

shall take precedence over the provisions of this section.

All easements dedicated with subdivisions shall run with the land and remain in full force and (b)

effect unless vacated according to state and county law.

Easements of different types may spatially overlap on plats, provided there is no conflict (c)

between the purpose and function of any easements sharing the same area.

Easements across lots or centered on the rear or side lot line shall provide for at least forty (40) (d)

feet of width for utilities, where necessary for overhead or underground utilities. The County

Engineer may approve a reduced width if deemed sufficient. Utility Easements: Easements for

public utilities shall be provided within a subdivision, where they are necessary for adequate

and orderly future infrastructure to serve the public. Utility easements shall be at least forty

(40) feet in width, but the Commission may allow a reduced width of no less than twenty (20)

feet if shown to be sufficient to meet anticipated needs.

1. Any lands indicated on a duly recorded plat by the term “utility easement” are

dedicated to those entities that are defined by NDCC Title 49 as a public utility, and

those entities that provide water or sewer service to Morton County residents or

businesses for the purpose of the installation, alteration, operation, inspection,

monitoring, maintenance, and removal of facilities under, on or over said easement to

serve these and other lands with various public utility transmission and distribution

systems, including but not limited to, water, sewer, gas, electricity, telephone, or

cable.

2. The rights granted in this section shall not be construed to interfere with or restrict the

owner’s use of the property, as long as no improvements or alterations of the

property are made to interfere with the purpose of said easement as stated herein.

The property owner reserves the right to install and maintain pavement, curbs,

gutters, sidewalks, facilities included in a stormwater management plan, parking

areas, driveways, fences that can reasonably be removed and erected again, low-

height landscaping, and sprinkler systems that can be reasonably located by a

grantee. A grantee shall be liable for the cost to fully restore any disruption or

physical property damage to said improvements or incurred by that grantee’s

disturbance of the surface and shall promptly restore it, as nearly as practicable, or

Page 2 of 3

pay the property owner to restore it to its condition prior to the damage or

disturbance regardless if the surface damage is to improved or unimproved land.

3. Despite anything contained herein to the contrary, a grantee shall not be liable for

damage to any permanent improvement of said easement, including but not limited

to, structures, buildings, fences that cannot be easily removed and erected again,

trees, any edifice or extension of a structure (such as, but not limited to, decks,

porches, and patios), retaining walls, permanently installed equipment or machinery,

or underground tanks or pipelines. A grantee reserves the right to remove said

improvements that interfere with the purpose of said easement or access to facilities

within said easement, and replacement and/or repair of said improvements shall be

the responsibility of the property owner.

4. In such cases a utility easement of twenty (20) feet in width is granted, the grantee is

further granted the temporary right, during the installation, alteration, maintenance,

or removal of a public utility facility, to access lands of up to ten (10) feet on either

side of the easement area and pile dirt and other construction materials immediately

adjacent to said easement at the construction site, so long as such use of the lands

outside of said easement does not interfere with the property owner’s reasonable use

of the property and any materials are promptly removed upon completion of the

project.

5. All rights granted by said utility easement are non-exclusive and may be used by

more than one public utility, provided that a public utility does not interfere with an

existing public utility facility in said easement and does not infringe upon any legally

required distances of separation between public utilities.

6. After a subdivision plat is approved by the Board of County Commissioners, Morton

County shall not be responsible for enforcing the terms of any easement, whether

contained herein or on the plat, nor shall Morton County be a party to any civil

dispute between public utilities and/or property owners concerning use of an

easement. However, no building permit shall be issued within any utility easement.

Drainage Easement: Where a subdivision is traversed by a water course, coulee, drainage (e)

way, channel, or stream, there shall be provided a stormwater easement or drainage easement

right-of-way conforming substantially to the line of such watercourse. The width of the easement

shall be sufficient to accommodate the expected outflow generated by a 10-year rain event,

as determined in a stormwater management plan.

1. Any lands indicated on a duly recorded plat by the term “drainage easement” are

dedicated to the public for the purpose of storage and management of stormwater

and the prevention of obstruction to the free flow of stormwater on or over the area

of said easement.

2. The owner of the property in which a drainage easement is located shall be

responsible for the proper maintenance and function of said easement, unless said

responsibility is assigned to another entity on the plat or by agreement. Morton

County, any agent assigned by Morton County, or any entity assigned responsibility

for the drainage easement is granted the right of access only for the purpose of

Page 3 of 3

performing said responsibilities or enforcing the terms of the easement contained

herein.

3. The rights granted herein shall not be construed to interfere with or restrict the use of

the property, as long as no improvements or alterations of the property are made to

interfere with the purpose of the easement as stated herein. Morton County, or an

agent assigned by Morton County, reserves the right to remove any obstructions,

whether natural or manmade, within said easement that interfere with the purpose of

the easement or access to drainage facilities. Replacement and/or repair of said

items shall be the responsibility of the property owner.

Access Easement: An easement may be granted for public right-of-way only in such cases (f)

when the roadway is an existing roadway or an extension of an existing roadway and an

easement is already recorded for the extent of that roadway through an adjoining lot or tract

of land, or in such cases where the Board of County Commissioners deems appropriate.

1. Any lands indicated on a duly recorded plat by the term “access easement” are

granted to the public for permanent, non-exclusive access on, over and across the

area of said easement for the purpose of vehicular and pedestrian ingress and

egress. No right of access to any portion of a property outside the area of said

easement is granted.

AUDITORS

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20' WIDE UTILITY EASEMENT

±2190 SQ. FT.

±0.05 ACRES

EXISTING R.O.W. LINE

Description

82W.

KEITHBOEHM,REPRESENTATIVEOFFREEWAYSERVICES,LLP

PLATOFUTILITYEASEMENT

AUDITORSLOTAOFTHENE1/4 15 139N.

LEGEND:

3-06-15

M14-14-037

ByDateNo.

Revision

C.S.V.

D.D.D.Drawn By:

Checked By:

MORTON COUNTY, NORTH DAKOTA

SEC. 15, T139N, R82W 5TH P.M.AUDITORS LOT A OF THE NW 1/4

Date:

Project No.:

c 2015, INTERSTATE ENGINEERING, INC.Interstate Engineering, Inc.

P.O. Box 1254

2610 Old Red Trail, Suite B

Mandan, North Dakota 58554

Ph (701) 663-5455

Fax (701) 663-6577

www.interstateeng.comOther offices in Minnesota, Montana, and South Dakota

SHEET 1 of 1

OF ,SECTION ,TOWNSHIP ,RANGE

OWNER

FREEWAY SERVICES, LLP

A 20 FOOT WIDE UTILITY EASEMENT LOCATED IN AUDITORS LOT A OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP

139 NORTH, RANGE 82 WEST OF THE FIFTH PRINCIPAL MERIDIAN, MORTON COUNTY, NORTH DAKOTA, AND BEING MORE

PARTICULARLY DESCRIBED AS FOLLOWS:

THE EASTERLY PORTION OF AUDITORS LOT A, THAT LIES WITHIN 20 FEET OF THAT HIGHWAY RIGHT OF WAY THAT LIES

WITHIN 100 FEET OF THE EAST LINE OF SECTION 15, AS SHOWN ON THIS PLAT.

SAID EASEMENT CONTAINS 0.05 ACRES MORE OR LESS AND IS SUBJECT TO ANY PREVIOUS EASEMENTS, AGREEMENTS,

CONVEYANCES, AND SURVEYS.

CARL S. VENDER, NORTH DAKOTA PLS. NO.1222LS

I, CARL S. VENDER, A NORTH DAKOTA PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY, THAT THIS SURVEY WAS

PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION AT THE REQUEST OF KEITH BOEHM, REGISTERED AGENT WITH

FREEWAY SERVICES, LLP AND THAT SAID SURVEY IS TRUE AND COMPLETE AS SHOWN AND THAT THE MONUMENTS FOUND

AND SET ARE OF THE CHARACTER AND OCCUPY THE POSITIONS SHOWN THEREON.

NE COR., SEC. 15

FOUND 5/8" REBAR,

CAP MISSING PER

MONUMENT RECORD

DOC. NO. C1460

E1/4 COR., SEC. 15

FOUND STONE PER

DOC. NO. C1462 15 14

11

14

10

15

Morton County Land Use Code Amended as of: 11/10/2014

Article 8 |Stormwater Management > Section 8-030 Scope 79

the County. It also authorizes monitoring and enforcement activities, and provides

for the setting of applicable fees for the equitable distribution of costs associated with the administration of the stormwater management program established herein.

The regulation of, and the establishment of criteria for, public underground storm (2)sewers, artificial and natural open channel drainage systems, stormwater detention and retention ponds, and private stormwater drainage systems discharging into the public system.

The regulation of development activities as they relate to managing stormwater (3)volumes, rates of runoff, flow duration, and their subsequent impacts to downstream property and stormwater management facilities.

Except as otherwise provided herein, the County Engineer shall administer, (4)implement, and enforce the provisions of this section.

Scope Section 8-030

Application to Uses: Every applicant for a building permit, subdivision approval, (a)special use permit, or a permit to allow land disturbing activities shall submit a

stormwater management plan to the County Engineer, unless deemed to be exempt by the provisions of this section. No building permit, subdivision approval, special use permit, or permit to allow land disturbing activities shall be issued until approval of the stormwater management plan or a waiver of the approval requirement has been

obtained in strict conformance with the provisions of this article. Exemptions to the requirements of this section include:

Any part of a subdivision if a plat of the subdivision has been approved by the (1)Board of County Commissioners and recorded with the Morton County Recorder on or before July 11, 2006. A stormwater permit for land disturbing activities on such properties may still be required, however, in accordance with this article.

Land within an Agricultural (A) District. (2)

Subdivisions that qualify for the short form subdivision procedures per Section 7-(3)030(c) or exempt division of land procedures per Section 7-030(a).

Land disturbing activity use involving farming or ranching. (4)

Land disturbing activity involving the construction of a single-family or a two-(5)

family dwelling.

A lot or tract for which a building permit has been approved on or before July (6)11, 2006.

Installation of a fence, sign, telephone, and electric poles and other kinds of posts (7)or poles.

Emergency work to protect life, limb, or property. (8)

Morton County Land Use Code Amended as of: 11/10/2014

Article 8 |Stormwater Management > Section 8-040 Stormwater Management Review Process 80

Waiver from County Engineer: The County Engineer may waive any requirement of (b)

this article upon making a finding that compliance with the requirement will involve an unnecessary hardship, and the waiver of such requirement will not adversely affect the standards and requirements put forth in this article. The County Engineer may require as a condition of the waiver, such dedication or construction, or agreement to dedicate

or construct, as may be necessary to adequately meet said standards and discretion, a waiver request may, or at the

request of a County Commissioner a waiver request shall be brought before the Board of County Commissioners for consideration, and approval or disapproval.

Stormwater Management Review Process Section 8-040

Application (a)

The applicant shall submit a stormwater management plan to the County Engineer (1)for all activities that fall within the scope of Section 8-030:

No more than twenty-one (21) days prior to the meeting of the planning A)and zoning commission at which the final plat for a long form subdivision is to be considered.

With an application for a building permit. B)

Before the land-disturbing activity is commenced. C)

Review by County Engineer (b)

The County Engineer shall approve, approve with conditions, or disapprove the (1)stormwater management plan according to the standards of this code and the

Stormwater Design Standards Manual.

If a particular stormwater management plan involves a complex application or (2)has the potential for significant controversy, the County Engineer or the applicant may bring the proposed stormwater management plan before the Morton County Water Resource District and/or the Planning and Zoning Commission for consideration and comment.

Duration of Validity (c)

Approval of any plan submitted under the provisions of this article shall expire (1)one (1) year after the date of approval unless construction has commenced in accordance with the plan.

However, if prior to the expiration of approval, the applicant makes a written (2)request to the County Engineer for an extension of time to commence construction setting forth the reasons for the requested extension, the County Engineer may grant one extension of not greater than one (1) year. Receipt of any request for an extension shall be acknowledged by the County Engineer within fifteen (15)

days. The County Engineer shall make a decision on the extension within thirty (30) days of receipt.

MORTON COUNTY COMMISSION

RESOLUTION NO. PZ15-03

A RESOLUTION OF THE COUNTY OF MORTON, NORTH DAKOTA, TO AMEND SECTION 7-030

DETERMINATION OF PROCESS OF ARTICLE 7 SUBDIVISION OF LAND OF THE MORTON COUNTY LAND

USE CODE.

BE IT RESOLVED BY THE COUNTY COMMISSION OF MORTON COUNTY, NORTH DAKOTA:

SECTION 1. Amendment. Section 7-070 Determination of Process of Article 7 Subdivision

of Land the Morton County Land Use Code is hereby amended as attached.

SECTION 2. Repeal. All resolutions or parts of resolutions in conflict with this ordinance

are hereby repealed.

SECTION 3. Taking Effect. This resolution shall take effect upon final passage, adoption

and publication.

ADOPTED AND RESOLVED this ____ day of ______________, 2015.

ATTEST:

Morton County Commission

_________________________ _________________________

Auditor Chairman

Dawn R. Rhone Bruce Strinden

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Amend Morton County Land Use Code as follows (underlined text is added, strike-through text is

removed):

Section 7-030 Determination of Process

All subdivision of land within unincorporated areas of Morton County subject to the County’s zoning

jurisdiction shall follow one of three processes, as determined by the criteria in this section.

Exempt Division of Land (a)

Criteria for Qualification: The following types of divisions all qualify as exempt divisions (1)

of land and are subject to the provisions of this section, and shall not be considered

subdivisions as defined by NDCC Section 11-33.2-01 and Article 12 | Definitions of this

Code unless the Board of County Commissioners determines that the intent of the division is

to avoid the provisions of this article. An exempt division of land shall meet all of the

following criteria:

Large-Lot Division of Land: Any division of land qualifies as exempt if it meets A)

all of the following criteria:

a) The land is entirely within an Agricultural (A) District.

b) Each lot being created is thirty-five (35) acres in area or greater.

c) No new street, whether public or private, will be dedicated or

constructed to provide access to more than one lot or tract.

d) Each lot has access to a public right-of-way through one of the following:

by abutting a county roadway, by acquiring a private easement to a

county-maintained roadway, or by constructing a section line roadway

on a section line which meets county standards for section line roads.

e) A minimum of sixty (60) to seventy-five (75) foot wide right-of-way

easement or dedicated right-of-way exists or is obtained adjacent to

each side of all section lines.

f) A utility easement of up to forty (40) in width exists or is obtained

adjacent to all public right-of-way and existing road easements on each

lot being created.

Lot Modification: Any division of land qualifies as exempt if it meets all of the B)

following criteria.

a) Boundaries are adjusted or eliminated on any existing platted

subdivision or tract recorded with the Morton County Recorder, resulting

in either a combination of lots or adjustments to the boundary between

lots.

b) There will be no net increase in the number of lots or tracts as a result of

the lot modification or a series of lot modifications. If any lots are

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created on a temporary basis, they will be combined with adjacent lots

within one (1) month of the initial modification.

c) All lots proposed for modification are within the same zoning district.

d) After modification(s), all lots will conform to minimum lot dimension

requirements in Section 2-120. However, existing non-conforming lots

may be modified subject to no increase in the degree of non-conformity.

e) No plat or any element of a plat will be vacated, pursuant of NDCC

Section 40-50.1-16.

Existing Homestead: Any division of land qualifies as exempt if it meets all of C)

the following criteria:

a) A division of land of any size is created to form an outlot containing an

existing single-family residential dwelling.

b) The tract of land from which the lot is divided is thirty-five (35) acres in

area or greater.

c) With the exception of minimum lot size requirements, the new outlot

meets all other qualifications of Section 7-030(a)(1)(A) Large-Lot Division

of Land and other provisions of this code.

d) No division of land has been previously exempted from subdivision

requirements as an existing homestead within this quarter section.

Public Use: Any division of land qualifies as exempt if is made for the purpose D)

of creating or expanding a public right of way, open space either publically

owned or legally-restricted for conservation purposes, or a public utility facility or

line. Any plat shall indicate the public use nature of the division, and a subsequent

change in the use of the land to a residential, commercial, or industrial use is

subject to all subdivision requirements of this Code.

Court-Ordered Division: Any division of land qualifies as exempt if it is ordered E)

by a court of record in North Dakota or affected by testamentary or intestate

provisions of an estate. Before a court orders any division of land, the court shall

notify the Morton County Zoning Administrator of the pending division and allow

the county to present written comments on the division.

Mineral Interest: Any division of land qualifies as exempt if it creates an interest F)

in oil, gas, minerals, or water that will be severed from the surface ownership of

real property.

Agricultural Lease: Any division of land qualifies as exempt if land is only G)

created by lease or rental for farming and ranching purposes.

Correction of Error: Any division of land qualifies as exempt if made to correct H)

surveying errors in prior plats pursuant to NDCC Chapter 40-50.1-14.

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Procedures: An exempt division of land is exempt from the remainder of this article and (2)

all subdivision procedures of Article 10 | Administration, but the following procedures

shall be followed:

The applicant may consult informally with the Zoning Administrator to determine A)

eligibility of a proposed division of land.

The applicant shall submit a completed Uniform Development Application and an B)

instrument used to effect the division that includes:

a) The legal description of a lot to be created, only if it can be described

as an aliquot part of a section; or

b) Legal descriptions reflecting an adjustment to a boundary between lots

or tracts only if the adjustment can be described with one numeric

measurement for each property; or

c) A plat of irregular description and legal descriptions signed by a

certified land surveyor for the lot any lot or lots to be created or

modified. The plat must show that all vertices of the lot are marked with

a survey monument, either existing or to be set.

The County Engineer, Zoning Administrator, or a designee, shall review the C)

submitted materials for compliance with the criteria of this section and technical

specifications of the plat and other provisions of this code.

The County Engineer, or a designee, shall review technical specifications of plats D)

and sign all approved plats of irregular description and return to the applicant

for recording with the Morton County Recorder.

Naming Exempt Divisions of Land: All subdivisions new divisions of land approved (3)

through these exempt division of land procedures shall be named “Outlot,” followed by a

letter of the alphabet. The first outlot in a quarter-section shall be known as “Outlot A,”

with each additional outlot in that quarter section appended with the subsequent letter of

the alphabet.

Long Form Subdivision (b)

Criteria for Qualification: Subdivision of land shall follow the long form subdivision (1)

procedures whenever it does not qualify as an exempt division of land and one of the

following criteria is met:

The subdivision would result in two (2) or more platted lots, in addition to an A)

existing lot or tract being subdivided.

A new road would be dedicated or created, other than a private drive for a B)

single individual.

A new approach not located on a section line or quarter line would be required to C)

a road, and the new approach would cause more than one (1) approach within a

half mile to be used for other than agricultural purposes.

The land proposed to be subdivided, or a portion thereof, has been previously D)

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subdivided within two (2) years of the date the application is submitted, and the

proposed subdivision would create an additional lot or lot(s).

The Board of County Commissioners determines that the long form subdivision E)

process is necessary to promote orderly development.

The land proposed for subdivision is within, or proposed to be within, the F)

Commercial (C) District, Limited Commercial (CL) District, Industrial (I) District, or

Limited Industrial (IL) District.

Procedures: Subdivisions that qualify as long form subdivisions shall follow the (2)

application and review process in Section 10-020 of this code. All standards of this article

shall be met.

Short Form Subdivision (c)

Criteria for Qualification: Subdivision of land shall follow the short form subdivision (1)

process whenever it does not qualify as either an exempt division of land or a long form

subdivision. Generally, subdivisions with one or two platted lot(s) of less than thirty-five

(35) acres will qualify as a short form subdivision.

Procedures: Subdivisions that qualify as short form subdivisions shall follow the (2)

application and review process in Section 10-030 of this code.