ATTACHMENTS
Attachment 1 - Exhibit A - Street Construction SpecificationsAttachment 2 - Exhibit B - Contract Between Developer and Town
(a) 
The purpose of this article is to set forth the general rules and regulations governing the platting and subdivision of land within the territorial limits and extraterritorial jurisdiction of the town to provide for the orderly, safe, moral and healthy development of the area within and surrounding the town and to promote the health, safety, morals and general welfare of the community.
(b) 
Every owner of any tract of land situated within the town or within the extraterritorial jurisdiction of the town, who may hereafter divide the same in two (2) or more parts described by metes and bounds or otherwise for the purpose of selling or conveying any part thereof, for laying out any subdivision of such tract of land or any addition to the town, or for laying out suburban, building or other lots, or to lay out streets, alleys, squares, parks, or other parts, is required to submit a plat of such subdivision or addition for approval by the town. The rules and regulations of the town established by ordinance governing plats and subdivisions of land be and the same are hereby extended to and shall apply to all of the area under the extraterritorial jurisdiction of the town. Any person, firm or corporation seeking approval of any plat, plan or replat of any subdivision of land within the town and its extraterritorial jurisdiction shall be required to comply with the requirements of this article before such approval may be granted.
(Ordinance 05-05 adopted 2/7/05)
(a) 
For the purpose of this article, the following terms, phrases and their derivations shall have the meaning defined in this section:
Building Setback Line.
The line within the property defining the minimum horizontal distance between a building, the adjoining property line, and the adjacent street right-of-way.
Commission.
The planning and zoning commission of the town.
Common Areas or Common Open Spaces.
All real property owned by an association of property owners for the common use and/or enjoyment of the members of the association and those areas for which maintenance responsibilities have been conveyed to the association by the developer, owners, etc.
Cul-de-sac.
A short residential street having but one vehicular access to another street and terminated by a vehicular turn around.
Engineer.
A person duly authorized and registered as a registered professional engineer under the provisions of the Texas Engineering Practice Act, as heretofore or hereafter amended, to practice the profession of engineering and is so licensed to practice civil engineering.
Final Development Plan Submission.
All documentation and fees required to accompany the final (record) plat document.
Fire Code.
The fire code in effect by the town.
Person.
Any individual, association, firm, corporation, governmental agency or political subdivision, including a landowner, their agent, a developer, builder, or contractor.
Plat.
A map or chart of the subdivision. It shall include plan, plat or replat, in both the singular and plural.
Preliminary Development Plan Submission.
All documentation and fees required to accompany the preliminary plat document.
Replat or Replatting.
The resubdivision of any part or all of any block or blocks of a previously platted subdivision, addition, lot or tract.
Street.
A public right-of-way that provides vehicular access to adjacent land. “Street” means a way for vehicular traffic whether designated a street, highway, thoroughfare, parkway, throughway, road, road easement or street easement, avenue, boulevard, lane, place or however otherwise designated.
Street Width.
The shortest distance between the lines that delineate the rights-of-way of a street.
Subdivider.
Any person proposing to subdivide, develop or build upon a tract or parcel of property. The term includes the owner and/or his agent.
Subdivision.
A division of any tract of land situated within the town’s corporate limits, or within its extraterritorial jurisdiction, into two or more parts, or the creation of a building lot or lots, for the immediate or future purpose of sale, transfer of ownership, building, or development, and the future or the dedication of streets or easements by means of platting. Subdivision shall include resubdivision, replatting, and/or any other development of the land.
Surveyor.
A surveyor registered as a public surveyor by the state board of land surveying and so licensed.
Town.
The Town of Double Oak, Texas.
Town Attorney.
The attorney for the Town of Double Oak, Texas.
Town Council.
The governing body of the Town of Double Oak, Texas.
Town Engineer.
The engineer for the Town of Double Oak, Texas.
Town Secretary.
The town secretary of the Town of Double Oak, Texas.
Utilities.
Any person, corporation or political subdivision furnishing public utility service of any kind and shall include but not be limited to water, electrical, natural gas, telephone, cable services and sewage, if applicable.
(b) 
Definitions not expressly prescribed herein are to be construed in accordance with customary usage in municipal planning, real estate and engineering practices.
(Ordinance 05-05 adopted 2/7/05)
(a) 
No subdivision of real property shall be authorized, approved or allowed which would result in a violation of the requirements of the town’s zoning or other ordinances.
(b) 
All street and easement dedications shall be in a form approved by the town. The town shall not enjoy any benefits or incur any responsibility implied by street and easement dedications until such dedications have been formally accepted by the town council on behalf of the town.
(c) 
During the period of development and construction of any subdivision, the subdivider shall maintain the area and roads in a clean and orderly manner and in accordance with the current state commission on environmental quality (TCEQ) and U.S. Environmental Protection Agency (EPA) requirements and shall assume the responsibility to maintain all roads free of debris and hazards.
(d) 
No utilities shall be permanently connected unless and until the subdivider satisfies all requirements of this and other applicable ordinances.
(e) 
No building permits shall be issued for the construction of any building on any land that has been zoned for residential or business use or as agricultural use within the town unless the land has been subdivided in accordance with the terms of this article or is otherwise excluded from the subdivision definition of this article. No building permit shall be issued for the construction of any improvements on any lot or parcel in a subdivision, or otherwise, unless such lot or parcel is contiguous to a street that is improved with a roadway base that meets the town’s standards and all utilities are available to that lot or parcel. A minimum of 90% of the subdivision parcels (rounded to the nearest whole number) contained within the subdivision shall have a frontage of no less than 150 feet on a street that is improved with a roadway base that meets the town’s standards. Any lots not meeting the 150 feet frontage requirement shall, at a minimum, have 150 feet width at the building line. Utilities must be available to 100% of the parcels and must be underground.
(f) 
The subdivider shall submit a proposed plan and schedule of development for review by the commission.
(g) 
The subdivider may be required to enter into a contract with the town which shall govern the development of the subdivision. This contract shall be based upon the requirements of this article and any other applicable ordinances of the town and shall specify the individual and joint responsibilities of both the town and the subdivider. The subdivider will include in such agreement a hold harmless and indemnity clause agreeing to hold the town, its officials, officers, agents and appointed employees harmless from and to indemnify against any claim, damage suit and/or judgment arising out of the subdivider’s development or actions therein. This contract shall be filed for record in the deed records of the county. The contract shall be executed before the start of the clearing and/or grading of the land, the construction of any street, alley, curb, gutter, drainage facility, water main or secondary sewer or any other improvement, whether intended to be dedicated to the town or not.
(h) 
The town council may grant an exception from any requirement of this article and may include such exception as a provision in the subdivider’s contract, provided there is a finding that such exception is not detrimental to surrounding properties and residents.
(i) 
The owner/subdivider shall furnish a good and sufficient performance bond in an amount equal to one hundred percent (100%) of the total cost of the improvements to be dedicated to the town or conveyed to an association of homeowners or property owners within the subdivision to guaranty full and faithful performance and completion of the improvements. The performance bond shall be furnished to the town prior to the commencement of construction of the improvements. In addition, the owner/subdivider shall furnish a good and sufficient maintenance bond in an amount equal to one hundred percent (100%) of the total cost of the improvements to be dedicated to the town or conveyed to an association of homeowners or property owners within the subdivision to indemnify the town or association of homeowners or property owners against any repairs which may become necessary to any part of the construction work performed in connection with the subdivision arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of the town’s final acceptance of the entire project. The maintenance bond shall provide that the contractor and the surety be firmly bound unto the town, on condition that said contractor shall maintain said work and keep the same in good repair for a maintenance period of two (2) years from the date of the written acceptance by the town. Final acceptance will be withheld until said maintenance bond is furnished to the town. The foregoing bonds shall be executed by a corporate surety authorized to do business in the state and approved by the town. The surety must have an A.M. Best A+ rating and the bond shall be payable to the town. The town engineer shall approve the bonds as to proper amount, and the bonds shall be approved as to form by the town attorney. The town council may at its sole discretion, waive or reduce the amount or duration of the bonds.
(j) 
Lots, so far as practicable, shall have side lines at right angles to the street which the lot faces, or radial to curved street lines. All lot corners and points of curves shall be marked with steel rods or concrete.
(k) 
Building lines shall be shown on preliminary and final plats and shall comply with all zoning and other applicable ordinances.
(l) 
All easements shall be shown on preliminary and final plats.
(m) 
Provisions in all subdivisions shall be made for drainage easements to allow for proper control of drainage and for future maintenance within the easement area. All drainage shall be engineered to not change or adversely affect the natural flow of rainfall runoff and stormwater and to avoid any impact to properties down or upstream of the subdivision or development, unless easements from all affected property owners have been obtained. All drainage easements shall extend to a defined watercourse. No structure shall be permitted within the easement which impedes the natural flow to or through the watercourse.
(n) 
A subdivider or owner shall provide for the creation of a homeowners’, property owners’ or business owners’ association for any subdivision that contains common areas and/or common open spaces. The existence of the association shall be perpetual, membership by owners of lots within the subdivision shall be mandatory, and enforcement of association dues, fees and requirements shall allow for assessments to be filed as liens against the property. The foregoing requirements shall constitute a covenant running with the land and must be recorded with the deed records of the county. The association shall have the responsibility of perpetual maintenance of common areas and/or common open spaces within the subdivision in accordance with the ordinances of the town. The rules of such associations, subdivision regulations, and/or the declaration of covenants must be approved by the commission and town council.
(o) 
The town council will establish, from time to time, and have published in the town schedule of fees, the filing fees which must accompany any request submitted to the town for review and action. These fees shall be charged on each request whether the submission is approved or denied by the town or withdrawn by the subdivider.
(Ordinance 05-05 adopted 2/7/05; Ordinance 06-02, sec. 1, adopted 1/9/06)
(a) 
A preliminary development plan for all proposed subdivisions shall be filed with the town secretary for review by the commission and approval or denial by the council. The preliminary development plan shall be accompanied by the appropriate filing fee. No preliminary development plan or preliminary plat application shall be deemed to have been filed, and no action of the commission shall be valid, until and unless the fee has been paid.
(b) 
The preliminary development plan shall contain a preliminary plat that shall be prepared by a surveyor and/or engineer in accordance with this article and applicable laws of the state. The preliminary plat shall be drawn to a scale of 100 feet to the inch or larger and shall show the following information:
(1) 
Name of subdivision.
(2) 
Name of owner and surveyor and/or engineer responsible for the surveying design.
(3) 
North point.
(4) 
Scale and date.
(5) 
Boundary lines, existing and proposed building lines, the width, location and number of all lots and blocks, planned streets, alleys and easements within and adjacent to the property.
(6) 
Width and depth of proposed lots.
(7) 
Contours shall be at an interval of two-feet elevations unless otherwise specified by the town council.
(8) 
Physical features of the property, including location of all planned and existing watercourses, culverts, bridges, railroads, structures, sewers, fire hydrants, water mains, gas, electric, telephone lines and such other structures or improvements as may affect the consideration of the preliminary plat.
(9) 
The limits of any floodplain and floodway as they are currently shown on Federal Emergency Management Agency (FEMA) maps within the property and proposed alterations which may impact water flow.
(10) 
The location of any open spaces the subdivider proposes to dedicate to the town or as common areas to a property owners’ association.
(11) 
The location, right-of-way width and names of proposed streets.
(12) 
The location and approximate size of sites for schools, churches, and parks and other special land uses intended to be dedicated to public use or reserved for common use of owners in the subdivision.
(13) 
The approximate acreage of the property to be subdivided.
(14) 
A proposed utility plan should be included, and where unusual grade conditions exist, the town engineer may require preliminary street grades.
(15) 
The proposed use of any land contained in the subdivision that is not within the boundaries of lots or street rights-of-way, as well as the current zoning classification of all land within the subdivision.
(16) 
A key map showing relation of subdivision to well known streets in all directions to a distance appropriate to locate the property.
(c) 
If there are no adjacent subdivisions, a map on a reduced scale must be presented to show the nearest subdivision and how the streets and easements in the nearest subdivision may connect with those in the proposed subdivision.
(d) 
The subdivider shall file fifteen (15) copies of the preliminary development plan, including fifteen (15) blue or black line copies of the preliminary plat (one of which shall be no larger than 11 x 17) and one (1) electronic copy (PDF and JPG format on a CD) together with the original drawing, with the town secretary at least fifteen (15) days prior to the date on which the preliminary development plan will be considered by the commission. If such documents are filed within fifteen (15) days of the next regular commission meeting, the application, if not rejected for filing by the town secretary, shall be deemed to be filed on the fifteenth (15th) day preceding the next regular commission meeting. When the required documents have been filed with the town secretary, all fees have been paid, and the plan meets all requirements of this article, the town secretary shall make written acknowledgement to the subdivider that the preliminary development plan has been received and filed.
(e) 
A detailed phased plan for development of the subdivision must be included with the preliminary development plan if the subdivision is to be completed in a timeframe of greater than twelve (12) months. The plan shall include an approximate completion date for each phase.
(f) 
A preliminary engineering drawing showing drainage and the potential impacts on adjoining, upstream and downstream properties shall be provided with the preliminary development plan.
(g) 
The commission and town engineer shall review the preliminary development plan for compliance with this article and other applicable town ordinances. The commission, town engineer or subcommittee of the commission may require changes to the preliminary development plan as presented, and the subdivider shall prepare and submit a corrected plan. The submission of a corrected plan to satisfy the terms of this article or for any other reason, shall invalidate the previously acknowledged filing date and a new filing date will be established as the date the corrected plan is filed. The commission may, in its discretion, grant exceptions to a change in the filing date.
(h) 
All utilities and services shall be underground and the subdivider shall submit letters from all utility companies and providers verifying that they shall furnish all utility service as reflected on the plan. Such letters shall be dated no more than 90 days prior to the submittal date of the preliminary development plan.
(i) 
The preliminary development plan shall clearly reflect the location of three-way fire hydrants within the subdivision for fire prevention with at least one fire hydrant being located within 500 feet of any point in a residential subdivision or 300 feet in a business development. Fire hydrants shall be installed in accordance with Bartonville Water Supply Corporation requirements and must have a minimum clearance of 5 feet for access and visibility for 180 degrees facing the front. All plans shall meet the minimum requirements of the fire code.
(j) 
Copies of percolation tests performed by a registered professional engineer or registered professional sanitarian in accordance with applicable building codes and specifications of the county health department shall be submitted with each preliminary development plan. A representative test or tests covering at least 20% of the lots, uniformly distributed over the property, shall be required. The location of the test(s) shall be reflected on the face of the preliminary plat. The town engineer and/or town sanitarian may, at their discretion, require additional tests. On the recommendation of the town engineer, the commission may require aerobic systems for on-site septic facilities for each residential lot.
(k) 
The commission shall take action on the preliminary development plan within thirty (30) days of the last acknowledged filing date. Approval shall not be given to any plan which does not satisfy the requirements of this [article] or any other town ordinance. The commission shall make its recommendation to the town council and the town council shall either approve or disapprove the preliminary development plan within thirty (30) days after receiving such recommendation from the commission. No conditional recommendation shall be made by the commission nor shall any conditional approval be granted by the council.
(l) 
The approval of the preliminary development plan does not constitute acceptance of the subdivision. It is merely an authorization to proceed with the preparation of the final plat in accordance with the approved preliminary development plan. Approval of the preliminary development plan expires at the end of twelve (12) months after the date of council approval unless a final plat submission has been submitted or an exception is allowed under the provisions of this article.
(Ordinance 05-05 adopted 2/7/05)
(a) 
The final development plan submission may include all or only a portion of the area covered by the preliminary development plan but shall not include areas or land not a part of the area encompassed by the preliminary development plan.
(b) 
The final development plan submission may be submitted for review and approval at any time after the approval of the preliminary development plan but before the expiration date of the preliminary development plan.
(c) 
Included in the filing of the final development plan submission, the subdivider shall submit to the town secretary detailed engineering plans and specifications prepared, signed and sealed by a registered professional engineer. These plans shall provide for the construction of all streets required within or adjacent to the subdivision; shall make adequate provisions for all surface and storm drainage within and across the subdivision; shall provide for the construction of a water distribution system, including fire hydrants, adequate to serve the subdivision with water with adequate pressure for fire protection, domestic consumption and/or light commercial use together with such mains as may be required to connect with the existing system; and shall provide for the construction of such other improvements as may be required. The subdivider will be required to pay the full cost of all public improvements listed above, including the costs of the initial installation of street lighting and traffic control and street name signs. The subdivider may also prepare and submit a proposed subdivider’s contract with the town as required by this article.
(d) 
The final development plan submission shall be filed with the town secretary at least fifteen (15) days prior to the date on which the final development plan is to be considered by the commission and shall include at least fifteen (15) copies of the complete package. Included in each package will be one (1) blue or black line print of a size as required by the county. In addition, one (1) 11 x 17 copy, and one (1) electronic copy each, in PDF and JPG and DWG formats on a CD, together with the original, shall also be furnished. The required fees must be paid at the time of the submission. The town secretary shall verify that all submission requirements have been met and upon doing so will advise the subdivider and commission with written acknowledgement that the final development plan has been filed for consideration by the commission. The effective date of filing shall be specified in this acknowledgement. In the absence of such acknowledgement, the filing date shall be the last date on which all required materials and appropriate copies are furnished to the town secretary and the required fees have been paid. If this date is within fifteen (15) days of the next regular commission meeting, the submission, if not rejected for filing by the town secretary, shall be deemed to be filed on the fifteenth (15th) day preceding the next regular commission meeting.
(e) 
The final plat shall be in accordance with the approved preliminary plat. The plat shall be drawn to scale of one hundred (100) feet to the inch or larger. In the event that more than one sheet is required, an index sheet at a reduced scale shall be provided. The final plat shall show the same information required to be shown on the preliminary plat and shall also contain the following information:
(1) 
Name of subdivision.
(2) 
Name of owner and surveyor and/or engineer responsible for the surveying design.
(3) 
North point.
(4) 
Scale and date.
(5) 
Boundary lines, existing building lines, proposed building lines and the width and location of planned streets, alleys and easements within and adjacent to the property.
(6) 
Width and depth of proposed lots.
(7) 
The proposed use of the land in the subdivision and existing zoning.
(8) 
The limits of any floodplain and floodway as they are currently shown on Federal Emergency Management Agency (FEMA) maps within the property and proposed alterations which may impact water flow.
(9) 
[Reserved.]
(10) 
The location of any open spaces the subdivider proposes to dedicate to the town or as common areas to an owners’ association.
(11) 
If there are no adjacent subdivisions, a map on a reduced scale must be presented to show the nearest subdivision and how the streets and easements in the nearest subdivision may connect with those in the proposed subdivision.
(12) 
An accurate on-the-ground boundary survey of the property with bearings and distances and showing the lines of all adjacent land, streets and easements with their name and width. Streets, easements and lot lines in adjacent subdivisions shall be shown dotted. All necessary data to reproduce the plat on the ground must be shown on the plat.
(13) 
The description and location of all permanent survey monuments and control points.
(14) 
Suitable primary control points to which all dimension bearings and similar data shall be referred. Dimensions shall be shown in feet and decimals of a foot.
(15) 
The certificate of the surveyor shall be placed on the face of the plat.
(16) 
If appropriate, a certificate of ownership and dedication in a form approved by the town of all streets, easements, road easements, parks, open spaces and public ways, dedicated to public use forever which shall be signed and acknowledged by a notary public, and by the owner and lien holder of the land, together with an accurate description of the land subdivided and the streets dedicated.
(17) 
A waiver of claim for damage occasioned by the establishment of grades or the alteration of the surface of any portion of the streets and easements.
(18) 
The following dedications and certificates:
(A) 
A certificate of dedication of all streets, public highways, alleys, parks, utility easements, and other land intended for public use forever, signed by the owner or owners and by all other parties who have a mortgage or lien interest in the property and acknowledged before a notary public. All deed restrictions that are to be filed with the final plat shall be shown or filed separately.
(B) 
A waiver of claim for damages against the town occasioned by the establishment of grades or the alteration of the surface of any portion of existing streets and alleys to conform to the grades established in the subdivision.
(C) 
Certification by a registered engineer or a licensed state land surveyor, duly licensed by the state, to the effect that the plan represents a survey made by him, and that all the necessary survey monuments are correctly shown therein.
(D) 
The following certificates shall be placed on the final plat, in a manner that will allow the filling in of the certificate by the proper party:
“Approved:
_____________________
Mayor
__________
Date
Acknowledged:
This approval shall be invalid unless the approved Final Plat for such Subdivision/Addition is recorded in the office of the County Clerk of Denton County, Texas within ninety (90) days from said date of final approval.
Witness my hand this _____ day of __________, 20 _____.
_____________________
Town Secretary
Town of Double Oak, Texas”
(f) 
The subdivider shall also provide a certificate, signed by the tax assessor, stating that any taxes and assessments then due and payable on the land contained within the proposed subdivision have been paid. Failure to provide this certificate shall require the commission and/or the town council to disapprove the plan.
(g) 
The commission shall take action on the final development plan submission within thirty (30) days after the filing date. The commission shall make its recommendation to the town council and the town council shall either approve or disapprove the final development plan within 30 days after receiving such recommendation from the commission. No conditional approval shall be granted.
(h) 
After approval by the commission for recommendation to the town council and after approval by the town council, a certificate of approval signed by the chairman of the commission and by the mayor shall be attached to the final plat.
(i) 
After approval of the final plat by the town council, the owner, within twelve (12) months of such approval, shall file the approved plat with the county clerk and shall return two (2) copies of the recorded document to the town secretary within fifteen (15) days of the date of the recording. The subdivider shall pay all filing and recording fees. If the plat is not filed with the county clerk within twelve (12) months of its approval by the town council, the approval shall be considered null and void unless the town council, at its sole discretion, grants a one-time extension to the twelve-month limit.
(j) 
The subdivider’s failure to satisfy any of the requirements of this article or any other requirement imposed by this code of ordinances shall require the commission and the town council to disapprove the plan.
(Ordinance 05-05 adopted 2/7/05)
(a) 
Any person who wishes to revise all or part of a subdivision plat which has been previously filed for record must make an application of the proposed revised plat to the commission for review and recommendation to the town council. The replat of the subdivision shall meet all the requirements for a subdivision that may be pertinent. However, if after review by the town engineer the subdivision as replatted does not require any appreciable alteration or improvement of utility installations, streets, alleys, building setback lines, etc., then no engineering plans or preliminary plat may be required.
(b) 
In the event the proposed replat involves property which has been previously developed or zoned for single-family or ranch estates residential use, or the town engineer determines that the proposed changes require a more detailed review, then the following will be required.
(1) 
The town secretary, after such replat application is filed, shall give notice of the application and the public hearing thereon to the public by causing to be published a notice in the official newspaper of the town more than fifteen (15) days before the date of the commission meeting at which it is to be considered. Such notice shall state the time and place at which the commission will meet to consider the replat and to hear public comment to the revision at a public hearing. Additionally, written notice of the public hearing shall be sent to all owners of property located within two hundred feet (200') of the property upon which the replat is requested and such notice shall be sent more than fifteen (15) days prior to the public hearing. Such notice may be served by depositing the notice, properly addressed and postage paid, at the local post office, to the addresses indicated on the most recently approved tax roll.
(2) 
After consideration by the commission of the replat, it will make its recommendation to the town council to approve or disapprove the replat.
(3) 
If the proposed replat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the commission or council, or both. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the commission or council, or both, prior to the close of the public hearing. In computing the percentage of land area under this subsection, the area of streets and alleys shall be included. However, compliance with this subsection is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.
(c) 
On lots that are already platted, where replatting is requested to divide a lot, a minimum fee is required as may be established from time to time by the town council and published in the town’s schedule of fees.
(Ordinance 05-05 adopted 2/7/05)
All subdivisions shall comply with the following standards:
(1) 
Compliance with the town’s comprehensive zoning ordinance, any master plans relating to streets and other public facilities such as drainage, and all other town ordinances, including but not limited to the town’s flood damage prevention, erosion control, and drainage regulations.
(2) 
A minimum of 90% of the subdivision parcels (rounded to the nearest whole number) contained within the subdivision shall have a frontage of no less than 150 feet on a street that is improved with a roadway base that meets the town’s standards. Any lots not meeting the 150-feet frontage requirement shall, at a minimum, have 150-feet width at the building line. Utilities must be available to 100% of the parcels and must be underground.
(3) 
Reserve Strips Prohibited.
There shall be no reserve strips controlling access to land dedicated or intended to be dedicated to public use.
(Ordinance 05-05 adopted 2/7/05; Ordinance 06-02, sec. 2, adopted 1/9/06)
(a) 
All streets and roads shall have barrow ditches on each side with culverts at each driveway. Culvert sizing shall be in accordance with town specifications and all culverts shall be shown and sized on the subdivision map, including those for future driveways at each lot.
(b) 
Culverts at each intersection shall be cut to the slope of the embankment and have a concrete headwall with 6" concrete curbs alternatively, vertical concrete headwall, curbs and wing walls.
(c) 
All street construction shall be in accordance with and satisfy the standards and specifications set forth in the town’s street construction specifications (Exhibit A)[1] and in Article 3.900 of the code, as such may from time to time be amended.
[1]
Editor’s note—Exhibit A is included as an attachment to this chapter.
(d) 
Dead-end streets shall not be approved, except in unusual circumstances. Cul-de-sacs may be permitted if they are no longer than 500 feet in length, provide proper access to all lots, and adhere to the requirements of the adopted fire code, as amended. Any approved dead-end streets or cul-de-sacs must be constructed with a turn-around having an outside street right-of-way radius of at least sixty (60) feet.
(e) 
A subdivision plat that contains a proposed cul-de-sac longer than 500 feet may be recommended by the commission to the town council for approval, where consideration has been given to reports from the fire department and the town engineer.
(f) 
Provision shall be made for the extension of any existing dead-end street that is contiguous to the subdivision. In this regard, such contiguous dead-end streets shall be extended into the proposed subdivision. Where roadway easements are designated on the plat to provide future access to adjacent undeveloped properties, the plat shall clearly designate such roadway easements and same shall be dedicated to the town for future improvement. The town encourages subdividers to propose streets that conform and flow with the existing topography in order to create the most attractive subdivision possible.
(g) 
Street Widths.
Street width shall be measured from front lot line to front lot line of opposite lots.
(1) 
Local Streets.
Local streets shall have a minimum right-of-way width of sixty (60) feet.
(2) 
Secondary Streets.
Secondary or feeder streets shall have a minimum right-of-way width of sixty (60) feet.
(3) 
Major Streets.
The width of major streets shall be determined by the town council, the major street plan, and adopted standards. Major streets with a right-of-way width of less than one hundred (100) feet are to be increased to a width of one hundred fifty (150) feet at the approach to a major street intersection, with a transition back to normal right-of-way over a distance of an additional one hundred fifty (150) feet.
(4) 
Major Thoroughfare.
The width of major thoroughfares shall be determined by the town council or major street plan; however, this classification carries a minimum right-of-way of one hundred (100) feet and a maximum of one hundred twenty (120) feet.
(h) 
Street Alignment.
The maximum deflection in alignment permitted without use of curve shall be five (5) degrees.
(i) 
Major Street Curves.
Curves along street centerlines shall conform to the following standards, with exceptions to these standards granted only by the town council:
Classification
Design Speed
(MPH)
Centerline Radius
(feet)
 
 
Desirable
Minimum
Major
55
1000
800
Secondary
40
550
425
Local
30
300
200
(j) 
Reverse Curves.
Reverse curves whenever possible shall be separated by a minimum tangent of one hundred (100) feet,
(k) 
Street Intersections.
(1) 
Angle of Intersection.
Except where existing conditions will not permit, all streets, major and minor, shall intersect at a ninety-degree angle. Variations of more than ten (10) degrees on minor streets and more than five (5) degrees on major or secondary streets must first be approved by the town council.
(2) 
Radius at Acute Corners.
Acute angle intersections approved by the town council are to have twenty-five (25) foot or greater radii at acute corners.
(3) 
Center-line Tie with Existing Streets.
Each new street intersecting with or extending to meet an existing street shall be tied to the existing street on center line with dimensions and bearings to show relationship.
(l) 
Partial or Half-streets.
Partial or half-streets may be provided where the town council finds that a street should be located on a property line. The following note shall be used in all such dedications: “This _____ foot strip is dedicated as easement for all utility purposes including storm and sanitary sewers and shall automatically become dedicated for street purposes when and insofar as a _____ foot strip adjacent to it is so dedicated and the required improvements are installed.”
(m) 
Street Names.
New streets shall be named so as to provide continuity of name with existing streets and so as to prevent conflict with identical or similar names in other parts of the town.
(Ordinance 05-05 adopted 2/7/05)
(a) 
Alley Width.
Where provided, alley right-of-ways shall not be less than twenty (20) feet.
(b) 
Alley Intersections.
All alleys intersecting with another alley shall have a centerline radius of forty (40) feet, a property line radius of thirty (30) feet, and shall conform to the standard details.
(c) 
Dead-end Alleys.
Dead-end alleys will not be permitted. Alleys in new subdivisions shall connect to alleys in adjacent subdivisions wherever feasible.
(d) 
Alleys Required.
Alleys shall be required in all business areas and in those portions of new residential subdivisions where partial blocks are needed to complete existing blocks with alleys.
(Ordinance 05-05 adopted 2/7/05)
(a) 
Size.
The size of easements where alleys are not provided shall be not less than five (5) feet on each side of rear lot lines with additional five (5) feet on each side beginning at a plane twenty (20) feet above the ground. The full width of the easement shall be not less than ten (10) feet at ground level and not less than twenty (20) feet beginning at a plane twenty (20) feet above ground.
(b) 
Use.
Where necessary, easements shall be retained for wires, conduits, storm sewers, sanitary sewers, water lines, open drains, gas lines or other utilities. Such easements may be required across parts of lots (including side lines), other than as described above, if in the opinion of the town council same is needed.
(c) 
Underground Utilities.
All subdivisions shall place all utilities underground.
(d) 
Major Trees within Utility Easements.
Every precaution shall be utilized to protect the natural environment of the subdivision, preserving prominent trees wherever possible, and the owner/subdivider shall advise the town council of the necessity of destroying an inordinate amount of trees, and the method of restoration of the area in keeping with the spirit of the town.
(Ordinance 05-05 adopted 2/7/05)
(a) 
The engineer retained by the subdivider shall prepare his plans for the construction of required public facilities so that there is the desired degree of uniformity, appearance and/or operation of the facility throughout the various subdivisions of the town. Standard construction specifications shall be used except when permission is otherwise granted by express written permission of the town.
(b) 
Drafting standards and design practices shall be equal to that representative of the profession in the preparation of plans for construction. The engineer shall furnish the town with any working notes, calculations and supplemental drawings used in the preparation of the plans for the proposed work in the subdivision upon request.
(c) 
The subdivider shall require his engineers to furnish copies as detailed in the appropriate sections of this article to the commission and the town council for review. These plans shall be sufficiently detailed to enable the facilities to be constructed according to the engineer’s intent with no further assistance from the engineer during the construction phase.
(d) 
All storm sewers shall be constructed of RCP materials, unless an alternate is approved by the town engineer.
(e) 
A tree survey illustrating all existing trees with trunk caliper of 6 inches or greater (measured at four (4) feet above average grade) and those which are proposed for removal as a result of the requested project shall be submitted as part of the final development plan submission.
(f) 
The final development plan submission shall include common area landscaping, screening and irrigation plans containing the height, location and types of all proposed landscaping and screening materials. Detailed irrigation plans shall indicate methods and diagrams of areas to be irrigated.
(g) 
Any engineering costs and fees incurred by the town for consulting work or for review of submittals will be paid by the subdivider.
(Ordinance 05-05 adopted 2/7/05)
When an owner/subdivider can show that a provision of this article would cause unnecessary hardship if strictly adhered to, and where, because of some condition peculiar to the site, in the opinion of the town council, a departure may be made without destroying the intent of such provisions, the town council may authorize a variance.
(Ordinance 05-05 adopted 2/7/05)
(a) 
Any person, firm or association violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in accordance with the general penalty provision found in Section 1.109 of this code for each violation, and each day such violation continues shall constitute a separate and distinct offense.
(b) 
The town may also pursue such other legal remedies as may be available, including injunctive and declaratory relief, as it may deem appropriate and the remedies and sanctions provided for herein are cumulative of all remedies.
(Ordinance 05-05 adopted 2/7/05)