(a)
New subdivisions.
(1)
The establishment of new subdivisions
within the city and its extraterritorial jurisdiction increases the
traffic on the roadways in and around the city. To compensate for
the increase in traffic and to improve the safety of these roadways,
the developer of each subdivision within the city and its extraterritorial
jurisdiction shall:
(A) Provide the required right-of-way as specified in section
28.09.003(h) and any additional right-of-way deemed necessary by the code official and city engineer to improve roadway safety; and
(B) Construct or improve
existing streets bordering or abutting the proposed subdivision if
such streets are to be used for access to the subdivision. These streets
shall be improved along the entire subdivision frontage regardless
of where the subdivision takes access. These streets shall be improved
to meet the requirements of this chapter.
(i) These improvements shall
include the extension of streets from an intersection with a roadway
accepted by the city, county or state leading to the borders of the
subdivision.
(ii) The city may, at its
discretion, accept funds in lieu of the actual improvements.
(2)
Required right-of-way shall be dedicated
with the final plat of the proposed subdivision.
(3)
Improvements to existing streets shall be administratively processed in conjunction with and in the same manner as subdivision improvements as specified in article
28.07. A certificate of acceptance shall not be issued for the subdivision until all required street improvements have been completed.
(b)
Platted subdivisions.
(1)
The development of platted subdivisions
within the city and its extraterritorial jurisdiction increases the
traffic on the roadways in and around the city. To compensate for
the increase in traffic and to improve the safety of these roadways,
the developer of platted subdivisions within the city and its extraterritorial
jurisdiction shall construct or improve existing streets bordering
or abutting the proposed subdivision if such streets are to be used
for access to the subdivision. These streets shall be improved along
the entire subdivision frontage regardless of where the subdivision
takes access. These streets shall be improved to meet the requirements
of this chapter.
(2)
These improvements shall include
the extension of streets from an intersection with a roadway accepted
by the city, county or state leading to the borders of the subdivision.
(3)
The city may, at its discretion,
accept funds in lieu of the actual improvements.
(4)
These improvements shall be administratively processed in the same manner as subdivision improvements as specified in article
28.07. No certificates of occupancy shall be issued for any structure in the platted subdivision until all required street improvements have been completed.
(c)
Nonresidential and multifamily
sites.
(1)
The development of nonresidential
and multifamily sites within the city and its extraterritorial jurisdiction
increases the traffic on the roadways in and around the city. To compensate
for the increase in traffic and to improve the safety of these roadways,
the developer of each nonresidential and multifamily site within the
city and its extraterritorial jurisdiction shall improve existing
streets bordering or abutting the site if such streets are to be used
for access to the site. These streets shall be improved along the
entire site frontage regardless of where the site takes access. These
streets shall be improved to meet the requirements of this chapter.
(2)
These improvements shall include
the extension of streets from an intersection with a roadway accepted
by the city, county or state leading to the borders of the site.
(3)
The city may, at its discretion,
accept funds in lieu of the actual improvements.
(4)
These improvements shall be administratively
processed in conjunction with and in the same manner as the site plan.
A certificate of acceptance shall not be issued for the site until
all required street improvements have been completed.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
The development of subdivisions and
nonresidential and multifamily sites within the city and its extraterritorial
jurisdiction increases the demand for utility services. To compensate
for this increase and to provide for adequate service for future development,
the developer of each subdivision or nonresidential or multifamily
site within the city and its extraterritorial jurisdiction shall:
(1)
Extend off-site utility lines to
the subdivision or site. The size and location of these lines shall
be determined by the utility service provider and the emergency services
district, if applicable. If the extension of off-site utilities is
not necessary for the development of the subdivision or site, and
fire flow requirements can be met without water line improvements,
the developer is exempt from the requirements of this paragraph; and
(2)
Provide fire hydrants as determined
by the appropriate emergency services district.
(b)
If the utility improvements are for a new subdivision, these improvements shall be processed in conjunction with and in the same manner as subdivision improvements as specified in article
28.07. A certificate of acceptance shall not be issued for the subdivision until all required utility improvements have been completed.
(c)
If the utility improvements are for a platted subdivision, these improvements shall be processed in the same manner as subdivision improvements as specified in article
28.07. No certificates of occupancy shall be issued for any structure in the platted subdivision until all required street improvements have been completed.
(d)
If the utility improvements are for
the development of a nonresidential or multifamily site, the improvements
shall be administratively processed in conjunction with and in the
same manner as the site plan. A certificate of acceptance shall not
be issued for the site until all required utility improvements have
been completed.
(e)
If the utility improvements are for
the repair or maintenance of existing utilities, the owner shall submit
a utility maintenance application form to the city.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Dedication.
(1)
The development of new residential
subdivisions within the city increases the current and future recreational
needs of the city. To assist in meeting these needs, the developer
of each residential subdivision within the city shall set aside and
dedicate public parkland at the rate of three (3) acres for every
100 new dwelling units. For subdivisions with fewer than 100 new dwelling
units the city may accept an in-lieu financial contribution.
(2)
The developer shall submit to the
city: (A) a preliminary plan showing the required public parkland;
and (B) a title commitment issued by a title insurance company authorized
to do business in the state for the public parkland shown on the preliminary
plan naming the city as the proposed insured. In conjunction with
city approval of the final plat, the developer shall dedicate the
public parkland shown on the approved preliminary plan to the city
and provide the city with a title policy issued to the city containing
only the exceptions to title reasonably approved by the city.
(3)
When the city determines that the
dedication of public parkland is impractical or undesired, the city
council may choose to accept a financial contribution in-lieu of a
parkland dedication. The amount of such contribution shall be $3,000.00
per dwelling unit, subject to approval by the city council.
(4)
When the city council chooses to
accept an in-lieu financial contribution, the required amount shall
be paid to the city prior to city approval of the final plat.
(5)
The developer, with approval of the
city council, may use a combination of public parkland dedication
and/or payment of fees in order to satisfy the provisions of this
chapter.
(6)
A developer may dedicate more land
than is required by this chapter subject to acceptance and approval
by city council.
(b)
Design standards for parkland.
(1)
Land shall be a single parcel or
tract of land at least three (3) acres in size.
(2)
Land shall be suitable for parks
and recreational activities. Fifty (50) percent of the land shall
not exceed five (5) percent slope, and none of the land shall exceed
fifteen (15) percent slope.
(3)
Land to be dedicated may be graded by the developer in order to meet the stated slope limitations, subject to the standards and specifications established in article
28.09. In such cases, vegetation shall be reestablished prior to dedication of the land.
(4)
The shape of the land to be dedicated
shall be suited for public parks and recreation development purposes.
(5)
The land shall have at least 50 feet
of public street frontage.
(6)
Any deviation from parkland design
standards must be approved by city council.
(c)
Improvements.
(1)
The developer shall improve all dedicated
public parkland with improvements approved by the city manager at
the minimum rate of $1,500.00 per dwelling unit. Costs associated
with grading of property to be dedicated as public parkland shall
not be considered in the minimum rate of required improvements. Improvements
must be complete and accessible to the public prior to city issuing
the certificate of acceptance for subdivision improvements for the
phase in which parkland improvements are identified on the preliminary
plan. The city shall assume maintenance of the improved parkland six
(6) months after acceptance of the improvements.
(2)
When the city determines that such
improvements are impractical or undesired, the funds required for
improvements shall be deposited in the city’s parkland fund
prior to final plat recordation and used to meet the city’s
future capital needs for recreational facilities.
(d)
Design standards for recreation
trails.
These standards apply
to the design, construction and maintenance of trails within the park
system and establish certain critical standards which help ensure
their sustainability.
(1)
All trails shall be designed as multi-user
trails, to include walkers, runners, and bicyclists, whenever site
conditions allow.
(2)
Existing and proposed trails are
classified as follows:
(A) Category I.
Hard surface trail made of concrete,
stone or asphalt and suitable for maintenance and emergency traffic.
(B) Category II.
A prepared surface trail using decomposed
granite, road base, cement stabilized sand, stabilized decomposed
granite, gravel or any other material that provides a more maintenance
free surface than native soil. Width of trail shall be six (6) feet
or greater with a minimum 10 foot clearance. An additional two (2)
feet of brush shall be cleared from either side of the trail for maintenance
vehicles. All brush shall be removed.
(C) Category III.
A primitive trail constructed of
native soil materials. Width of trail shall be four (4) feet or greater
with a minimum 10 foot clearance, depending on intended use. An additional
two (2) feet of brush shall be cleared from either side of the trail
for maintenance vehicles. All brush shall be removed.
(3)
Before beginning actual trail clearing
operations for new trail construction, the parks and recreation department
must approve the location, design and course of the proposed trail,
as well as the plan for brush removal when required.
(4)
The starting point, interior control
points, and the finishing point shall be predetermined before the
proposed path of the trail is flagged.
(5)
Whenever possible, trails shall not
be designed to cross wetlands.
(e)
Construction standards for recreation
trails.
(1)
Category I trails shall be constructed
in such a way that cross slopes do not exceed 1:48 (2%).
(2)
No category II or III trail shall
be constructed in such a way that it follows the fall line of the
terrain for any distance further than is needed for the construction
of a switch back.
(3)
To promote the sustainability of
the trail, no portion of a category II or III trail shall exceed a
10% average grade. If soil conditions permit, short runs of trail
may be constructed at grades of more than 10%, but the overall average
grade shall not exceed 10%.
(4)
Wherever possible, grade reversals
shall be built into the trail every 20 to 50 feet.
(5)
Unless otherwise approved by the
city engineer, all sections of the trail shall maintain a 5% side
slope to the outside or downhill part of the trail.
(6)
The grade of a category II or III
trail shall not exceed one-half of the grade of the side slope across
which the trail is constructed.
(7)
The cleared corridor of a newly constructed
trail shall conform to the trail maintenance standards listed below.
In the event of excessive clearing of the trail corridor, reforestation
shall be undertaken, and all brush shall be hauled away or chipped
up on site.
(8)
Trails shall not be lined with logs
or rocks.
(9)
No section of any category of trail
shall substantially impede the natural drainage of the area it transverses.
(10)
If the trail design includes bridges,
those bridges shall be flat and built to applicable city codes.
(11)
Trees and brush cleared from a project
site shall be mulched or hauled off site within 48 hours of being
cut. This must be completed before additional progress on the trail
project can continue.
(f)
Trail maintenance standards.
(1)
Trails shall be routinely inspected
and maintenance performed to maintain a safe outdoor recreational
facility.
(2)
Category I, II and III trails shall
maintain a corridor clearance which extends to two (2) feet beyond
the edge of the prepared surface of the trail. Overhead clearance
shall be a minimum of ten (10) feet above the trail surface.
(3)
Category III trails shall maintain
a corridor clearance of two (2) feet beyond the edge of the prepared
surface of the trail. Overhead clearance shall be a minimum of 10
feet above the trail surface.
(4)
Short sections of category II or
III trail surfaces that exhibit the inability to stand up to heavy
traffic may be armored with well positioned stones or masonry.
(Ordinance 2020-11-16-02 adopted 11/16/20)