[Ord. No. 728 §1, 11-17-1970]
A. Purpose. The purpose of these Regulations is to control
the development of land within the planning jurisdiction of the City
of Albany. "Development of land" means the extension
or opening of streets (public or private), the extension or provision
of utilities, the subdividing of land into lots and blocks, and the
parceling of land for non-agricultural purposes resulting in the need
for street access and public utilities.
B. Intent. These Regulations are designed to promote the health,
safety, and general welfare of the citizens, to insure the development
of the City and its environs in accordance with the plan or plans
in effect, and to provide for an adequate street system for convenient
and safe movement of traffic. These Regulations will assist in safeguarding
owners, lessees, and tenants as to the proper location of property
lines, building lines and easements.
C. Jurisdiction. These Regulations apply within the area planning
jurisdiction as indicated on the Planning Area Map which planning
area boundaries have been filed with the City Clerk and County Recorder.
[Ord. No. 728 §2, 11-17-1970]
Certain words in these Regulations are defined for the purpose
hereof as follows:
ALLEY
A minor public way used primarily for vehicular service access
to the rear of property abutting a street.
BUILDING LINE
A line parallel to the property line where the land between
these two (2) lines is open and unobstructed by improvements.
EASEMENT
A grant by the property owner of the use by the public, a
corporation, or person(s), of a strip of land for specified purposes.
LOT
A portion of the subdivisions, or any other parcel of land,
intended as a unit of transfer of ownership or for development.
PLAT
A map containing information necessary to transfer, to locate,
and to survey property indicated thereon.
STREET
A major public way intended for vehicular traffic and providing
the principal means of access to the abutting property.
SUBDIVIDER
Any person, individual, firm, partnership, association, corporation,
estate, or trust, or any other group or combination acting as a unit
who may desire to develop land within the purpose and intent of these
Regulations.
SUBDIVISION
Any division of land intended as a unit of transfer or for
development within the purpose and intent of these Regulations.
[Ord. No. 728 §3, 11-17-1970]
A. Procedural Requirements. Whenever a subdivider intends to
develop land within the meaning of these Regulations and before he
prepares a plat, he shall appear before the City Planning Commission
to discuss his intent to develop and to discuss the type of development
anticipated. At this time the City Planning Commission shall advise
the developer of the content of these Regulations governing development
of land and other plans of the City then in effect.
B. Plat Requirements. Before the City Planning Commission shall
approve a plat for record, the subdivider shall show the following
information on his plat or plats:
2. Boundary of subdivision with description of enclosed property.
3. Name and address of owner(s).
4. Acreage in subdivision tract.
5. Date, map scale, and north arrow.
6. Dimensions of street rights of way, block, parcel, and lot lines,
and subtended angles.
7. Bearings of all lines not parallel or perpendicular to lines of known
bearing. Interior angels of lots may be shown in lieu of bearings.
All bearings shall be referred to true North.
9. Location of building lines.
10. Legal description, lot and block.
11. Certification of registered land surveyor.
12. Dedication of streets, alleys, and easements for public use.
13. Approval of the City Planning Commission.
C. Scale. Plats shall be prepared on sheets no larger than
24 x 36 inches and no smaller than 12 x 18 inches at a scale of not
more than one (1) inch equals two hundred (200) feet on linen or other
suitable drafting medium. When more than one (1) sheet is needed,
an index or a key sheet shall be provided.
D. Monuments. Steel rods three-fourths (¾) inches in
diameter and thirty-six (36) inches long shall be placed with top
flush to the ground at all points of boundary intersection of the
subdivision and at diagonal corners of all intersecting streets. The
location of all monuments shall be indicated on the plat filed for
record. Steel rods one-fourth (¼) inches in diameter will be
placed at all lot corners, flush to the ground.
[Ord. No. 728 §4, 11-17-1970]
A. Conformance with Official Plans.
1. The subdivision plat shall conform to all official plans currently
in effect.
2. For a period of twelve (12) months after the subdivider indicates
his intent to subdivide, the City Planning Commission may require
the subdivider to reserve sites for public use indicated on an officially
adopted plan to permit the public board, commission or body having
jurisdiction or financial responsibility the opportunity to acquire
said sites either through purchase, taking of option or the filing
of condemnation proceedings under the power of eminent domain.
B. Streets.
1. The character and location of all streets shall conform with official
plans including minimum width rights of way of fifty (50) feet. The
City Planning Commission may permit adjustments in the location of
major streets due to topographical conditions and public convenience
and safety.
2. For streets not indicated on official plans, the arrangement of streets
in the subdivision may provide for the continuation or appropriate
projection of existing principal streets in the surrounding area except
where topographical or other conditions make continuance or conformance
to existing streets impractical.
3. The location and alignment of local-service streets should be such
that their use by through traffic will be discouraged. All alleys
shall be dedicated to the City of Albany. All alleys shall have a
minimum of twenty (20) foot rights of way.
4. Street intersections should be, insofar as practical, at right angles.
5. Street jogs and centerline offsets of less than one hundred and twenty-five
(125) feet should be avoided.
6. Street grades should be of sufficient slope to insure drainage of
storm or surface water into natural or manmade ditches for disposal.
Street grades shall be of minimum grade according to the Planning
Commission.
C. Blocks.
1. The use for residential purposes of rectangular blocks that are in
greater length than in width is encouraged in the interest of economy
to the developer and to the City in future maintenance of streets
and utilities.
2. Provision shall be made for ten (10) foot utility easements, when
necessary, at the rear of each lot when alleys are not desired.
D. Residential Lots.
1. The shape of residential lots shall not be required to conform to
any stipulated pattern. Lots should be of such shape as to best accommodate
the type of house to be built in order to provide for adequate spacing
between houses.
2. The minimum lot area and width of lot shall conform with the minimum
requirements as stated for the residential district in the zoning
Regulations.
3. The building lines shall conform with the minimum requirements as
stated for the residential district in the zoning Regulations.
E. Topography and Natural Features — Topographic Map. The City Planning Commission may require a topographic map of the
subdivision with a contour interval of not more than one (1) foot.
The subdivider may also be required to indicate natural features such
as drainage ways (creeks, etc.), ponds, trees, etc., on the Topographic
Map.
[Ord. No. 728 §5, 11-17-1970]
A. Water. Where public water is available to the subdivision,
each lot in the subdivision shall be provided water in accordance
with the policies and standards established by the City.
B. Sanitary Sewers.
1. Where sanitary sewers are available to the subdivision, each lot
in the subdivision shall be provided sanitary sewers in accordance
with the policies and standards established by the City.
2. When the subdivision cannot be served by an existing sanitary sewer,
the disposal of sewage shall be provided in accordance with the policies
and standards established by the City.
C. Street Improvements. Streets shall be improved by the subdivider
in accordance with the policies and standards established by the City
as being minimum for acceptance of dedication and maintenance of streets.
D. Installation of Required Improvements.
1. The subdivider shall provide one of the following in respect to any
improvement or improvements required:
a. Evidence of installation of improvements in the form of a certificate
containing the signatures of the proper official or officials as to
compliance.
2. The Board of Aldermen shall designate the official or officials who
shall be responsible for certifying proper installation of required
improvements.
[Ord. No. 728 §6, 11-17-1970]
A. Requirements for Plat Approval. The City Planning Commission
shall require the following of the developer for the plat approval:
1. The preparation of an official plat, or map, suitable for filing, containing data required by Section
405.030 Subsection
(B).
2. If the plat is to be for only a portion of the land intended for
immediate development, at least a sketch layout for the entire area
to insure that the purposes and intent of these Regulations are complied.
3. Evidence of installation of improvements where required.
4. Conformance with all other provisions of these Regulations.
B. Enforcement. After the effective date of these subdivision
Regulations:
1. No plat shall be accepted for record unless approved by the City
Planning Commission.
2. No utility (publicly or privately owned) shall extend its facilities
to service an area unless one of the following applies:
a. The extension is to an area where a subdivision plat of record existed
prior to the effective date of these Regulations.
b. The extension is to an area where a plat of record has been approved
by the City Planning Commission.
c. Installation of utilities is required before the plat can receive
approval for filing for record.
d. The extension of utilities is along a public way in existence and
use at the time of the effective date of these Regulations, but the
extension is not in depth of greater than two hundred (200) feet from
the public way.
3. No deed shall be accepted for record by the County Recorder pertaining
to long within the corporate area unless said deed is referenced to
a plat of record or represents a transfer of unplatted land in its
entirety without subdivision.
C. Variances.
1. Where the Planning Commission finds there are extraordinary hardships
resulting from strict compliance with these Regulations, they may
alter the Regulations so that substantial justice may be done and
the public interest secured; provided that such alteration will not
have the effect of nullifying the intent and purpose of the general
plan of the community or these Regulations. Such variances and modifications
as may be granted under this Section shall be by at least a three-fourths
(¾) majority of the City Planning Commission present.
2. In granting variances and modifications, the City Planning Commission
may require such conditions as it may, in its judgment, secure substantially
the objectives of the standards or requirements so varies or modified.
D. Validity. The provisions of these Regulations are hereby
declared to be severable. If any Section, paragraph, sentence, or
clause shall be held invalid such invalidity shall not affect the
validity of any of the remaining Regulations.
E. Penalty. Any person, firm, or corporation which may violate
any provision of these Regulations or amendments thereof shall be
guilty of a misdemeanor and on conviction shall be subject to penalties
provided by law. Each day that such violation continues shall be a
separate offense. In case of a corporation as a violator of any provision
of this Chapter, each officer, agent, and/or employee in any way responsible
for such violation thereof shall be individually and severally liable
for the penalties herein prescribed.