Division 5 Requirements for Improvements, Reservations and Designs

All other applicable laws of the appropriate jurisdictions.

Plat approval may be withheld if a subdivision is not in conformity with the above laws, regulations, guidelines, and policies as well as the purposes of these regulations established in section 9.02.002 of this article.

Determination of adequacy.

No preliminary plat shall be approved unless the city council determines that public facilities will be adequate to support and service the area of the proposed subdivision. The subdivider shall submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on and use of public facilities by possible uses of said subdivision. Public facilities and services to be examined for adequacy will include roads and public transportation, sewerage, water service, schools, police stations and fire houses, and as described as follows:

Guidelines.

Periodically the city council will establish by resolution, after public hearing, guidelines for the determination of the adequacy of public facilities and services. The city council may also recommend any changes in preliminary plat approval criteria it finds appropriate in the light of its experience in administering these regulations.

Impact on public facilities.

The subdivider for a preliminary plat must, at the request of the city council, submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on the use of public facilities and services by possible uses of said subdivision.

Comprehensive master plan consistency required.

Proposed public improvements shall conform to the city's comprehensive plan and the capital improvements plans, if any such plans have been adopted by the city council.

Water.

All habitable buildings and buildable lots within the city shall be connected to a water system capable of providing water for health and emergency purposes, including adequate fire protection. All habitable buildings must be connected to the city's water system if the city has the capacity and capability to provide said service.

Wastewater.

All habitable buildings and buildable lots within the city shall be served by a wastewater collection and treatment system approved by the city engineer.

Stormwater management.

Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding. The city council may require the use of control methods such as retention or detention basins, and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed development.

Roads.

Proposed roads shall provide a safe, convenient, and functional road system for vehicular, pedestrian, and bicycle circulation; shall in the view of the city engineer, be properly related to the comprehensive plan; and shall be appropriate for the particular traffic characteristics of each proposed development.

(8)

Extension policies.

All abutting improvements and easements, whether existing or proposed, shall be extended through or otherwise provided for by the parcel on which new development is proposed. Streets, water lines, wastewater systems, drainage facilities, electric lines, and telecommunications lines shall be constructed through new development to promote the logical extension of public infrastructure. The city council may require the subdivider of a subdivision to extend off-site improvements to reach the subdivision or to oversize required public facilities to serve anticipated future development as a condition of plat approval. The cost of utilities which are required by the city to be larger than would normally be needed to serve the proposed addition will be partially reimbursed. The reimbursable amount will be the difference between the cost of the facilities that would be adequate to serve the addition and the cost of the facilities required by the city. A reimbursement contract will be negotiated between the city council and the subdivider.

(9)

Petition for annexation required.

If water or sewerage services are to be provided by the city, then the subdivider for a final plat must petition for annexation to become part of the city as a further condition of final plat approval if located in the ETJ.

Self-imposed restrictions.

If the owner places restrictions on any of the land contained in the subdivision greater than those required by these regulations, such restrictions or reference to those restrictions shall be indicated on the subdivision plat, and be recorded with the county clerk in a form to be approved by the city attorney.

Plats straddling municipal boundaries.

Whenever access to the subdivision is required across land in another local government, the city council may request assurance from the city attorney that access is legally established, and from the city engineer that the access road is adequately improved, or that a guarantee has been duly executed and is sufficient in amounts to assure the construction of the access road. In general, lot lines should be laid out so as not to cross municipal boundary lines.

Monuments.

The subdivider shall place permanent reference monuments in the subdivision as required in these regulations and as approved by a registered land surveyor.

Monuments shall be located on street right-of-way lines, at street intersections, angle points of curve and block corners. They shall be spaced so as to be within sight of each other, the sight lines being contained wholly within the street limits.

The external boundaries of a subdivision shall be monumented in the field by monuments of stone or concrete not less than thirty (30) inches in length, not less than four (4) inches square or five (5) inches in diameter, and marked on top with a cross, brass plug, iron rod, or other durable material securely embedded; or by iron rods or pipes at least thirty (30) inches long and two (2) inches in diameter. These monuments shall be placed not more than 1,400 feet apart in any straight line and at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points in any line, and at all angle points along a meander line, those points to be not less than twenty (20) feet back from the bank of any river or stream, except that when such corners or points fall within a street, or proposed future street, the monuments shall be placed within the right-of-way line of the street.

All internal boundaries and those corners and points not referred to in the preceding subsection (2) shall be monumented in the field by like monuments as described above. These monuments shall be placed at all block corners, at each end of all curves, at a point where a curve changes its radius, and at all angle points in any line.

The lines of lots that extend to rivers or streams shall be monumented in the field by iron pipes at least thirty (30) inches long and seven-eighths (7/8) inch in diameter or by round or square iron bars at least thirty (30) inches long. These monuments shall be placed at the point of intersection of the river or stream lot line, with a meander line established not less than twenty (20) feet back from the bank of the river or stream.

All monuments required by these regulations shall be set flush with the ground and planted in such a manner that they will not be removed by flood.

All monuments shall be properly set in the ground and approved by a registered land surveyor prior to the time the city council recommends approval of the final plat.

One benchmark for each five (5) acres of property or fraction thereof shall be permanently installed in an approved manner, with their location and elevation as shown on the plat. Permanent benchmarks shall be five (5) feet long concrete posts, 6" in diameter with the top to be at least 12" below finish grade.

(f)

Character of the land.

Land that the city council finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features that will unreasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the subdivider and approved by the city council, upon recommendation of the city engineer, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve any danger to public health, safety, and welfare.

(g)

Subdivision name.

The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations. The city council shall have final authority to approve the name of the subdivision, which shall be determined at the time of sketch plat approval.

(Ordinance 146, sec. 5.01, adopted 3/7/2022)

§ 9.02.102 Lot improvements.

The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with all local regulations and in providing driveway access to buildings on the lots from an approved street.

Lot dimensions shall comply with the following minimum standards (see figure 5).

FIGURE 5. MINIMUM LOT REQUIREMENTS
Residential Type	Minimum Lot Areas	Minimum Lot Dimensions		Front Setback	Side Yard	Back Yard	Outside Side Yard/Corner Lot
Residential Type	Minimum Lot Areas	Inside Lot	Corner Lot	Front Setback	Side Yard	Back Yard	Outside Side Yard/Corner Lot
Standard single-family residential Manufactured/mobile home (see provisions of manufactured/mobile home ordinance)	6,000 SF	60'(W) 100'(D)	75'(W) 100'(D)	20'	7.5' 15'***	10'	10'
Duplex	11,500 SF (see footnote B)	105'(W) 110'(D)	120'(W) 110'(D)	20'	7.5' 15'***	10'	10'
Townhouse or garden apartments	2,000 SF	20'(W) 100'(D)	35'(W) 100'(D)	5'	N/A	10'	10'
Patio homes	4,500 SF	45'(W) 100'(D)	55'(W) 100'(D)	5'	10'	10'	10'
Apartment complexes	8,000 SF	80'(W) 100'(D)	95'(W) 100'(D)	5'	N/A	10'	10'
Commercial type	6,500 SF	65'(W) 100'(D)	80'(W) 100'(D)	5'	N/A	10'	10'

*Exception - Corner lots are required to be larger.

**W =Width; D = Depth; width is measured at the front setback line.

***Structure cannot be any closer than fifteen (15) feet to adjacent structures (e.g., house or business building).

Footnote A: Five (5) feet or (15'***) side yard is required for unit(s) adjacent to single-family residence, manufactured/mobile home, or duplex unit.

Footnote B: Lot for duplex residential unit (two (2) dwellings).

The following requirements (table A) establish minimum parking space requirements and standards for various subdivision and land use types.

TABLE A
Land Use	Parking Spaces
Single-family unit	2.0/unit
Duplex unit	2.0/unit
Triplex unit	2.0/unit
Fourplex unit	2.0/unit
Townhouses	2.0/unit
Apartments (5 or more units)	2.0/unit
Motels, similar uses	1.0/unit
Churches, theaters, and similar uses	1.0/5 seats
Retail establishments	1.0/300 SF gross floor area
Kindergartens, day nurseries	See (4) below
Other uses	Determined by review of city council

Parking spaces shall be a minimum of nine (9) feet wide and eighteen (18) feet long.

Required parking spaces shall not occur, wholly or partially, within public rights-of-way.

Parking areas for townhouses, apartments, or commercial areas shall be screened from adjacent duplex or single-family areas (including manufactured/mobile homes) by an opaque fence or hedge six (6) feet or higher.

Parking spaces listed in table A do not include nor shall they be used for parking spaces required to adequately accommodate (off-street) employees or accommodate the storage of recreational vehicles, boats, etc.

Parking patterns and arrangements shall conform to city engineering specifications and standards.

The location of fencing, landscaping, structures, signs, parking areas, or other visual obstructions shall not be such as to occur within a triangular area formed by a horizontal distance of fifteen (15) feet measured along and from the intersection of right-of-way lines at street intersections.

Only one (1) residential unit shall be allowed on any lot within the city's limits. Multiple residential units shall not be allowed on a single lot.

(Ordinance 146, sec. 5.02, adopted 3/7/2022)

§ 9.02.103 Roads.

Frontage on improved roads.

No subdivision shall be approved unless the area to be subdivided shall have frontage on and access from:

An existing state, county, or city highway; or

A street shown upon a plat approved by the city council and recorded with the county clerk. Such street or highway must be suitably improved as required by the highway rules, regulations, specifications, or orders, or be secured by a performance bond required under these regulations.

Whenever the area to be subdivided is to utilize existing road frontage, the road shall be suitably improved as provided above.

Right-of-way width requirements.

The road right-of-way width for streets or roads as defined in this article shall be as follows:

Road or streets with curbs and gutters:

Local (residential) streets: 50 feet width.

Collector street: 60 feet width.

Major (arterial) streets: 80 feet width.

Roads or streets with open ditch drainage systems:

Local (residential) streets: 60 feet width.

Collector street: 70 feet width.

Major (arterial) streets: 100 feet width.

Grading and improvement plan.

Roads and sidewalks shall be graded and improved and shall be approved as to design and specifications by the city engineer in accordance with the construction plans required to be submitted prior to final plat approval.

Classification.

All roads shall be classified as either major arterial, minor arterial, collector, or local.

Roadway surface width.

Roadway surface widths shall conform to standards set forth in this article and shall be approved as to design and specifications by the city engineer in accordance with the construction plans required to be submitted prior to final plat approval. Alleys shall have a minimum width of twenty (20) feet. Local streets shall have a minimum width of twenty-two (22) feet. Collector streets shall have a minimum width of twenty-six (26) feet. Major streets shall have a minimum width of twenty-nine (29) feet.

(f)

Topography and arrangement.

Roads shall be related appropriately to the topography. Local roads shall be curved wherever possible to avoid regimentation of lot appearance. All streets shall be arranged so as to place as many building sites as possible at, or above, the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. Specific standards are contained in the design standards of these regulations.

All streets shall be properly integrated with the existing and proposed system of thoroughfares.

All roads shall be properly related to special traffic generators such as industries, business districts, schools, churches, and shopping centers; to population densities; and to the pattern of existing and proposed land uses.

Local streets shall be laid out to conform as much as possible to the topography to discourage through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.

A rigid rectangular gridiron street pattern need not necessarily be adhered to, and the use of curvilinear streets, cul-de-sacs, or loop streets shall be encouraged where such use will result in a more desirable layout.

Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless in the opinion of the city council such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts.

In business and industrial developments, the streets and other accessways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provision of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic.

(g)

Blocks.

Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths (see figure 1). Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets, railroads, or waterways.

The length, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block lengths in residential areas shall not exceed the lesser of two thousand two hundred (2,200) feet or twelve (12) times the minimum lot width required in these regulations, nor be less than four hundred (400) feet in length. The city engineer may require the submission of a traffic calming plan on blocks greater than 1,320 feet. Wherever practicable, blocks along major and minor arterials and collector streets shall be not less than one thousand (1,000) feet in length (see figure 1).

In long blocks the city council may require the reservation of an easement through the block to accommodate utilities, drainage facilities, or pedestrian traffic.

Pedestrian ways or crosswalks, not less than ten (10) feet wide, may be required by the city council through the center of blocks more than eight hundred (800) feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, or other community facilities. Blocks designed for industrial uses shall be of such length and width as may be determined suitable by the city council for prospective use.

(h)

Access to major arterials.

Where a subdivision borders on or contains an existing or proposed major arterial, the city council may require that access to such streets be limited by one of the following means (see figure 7):

The subdivision of lots so as to back onto the major arterial and front onto a parallel local street; no access shall be provided from the major arterial, and screening shall be provided in a dedicated strip of land, of ten (10) foot minimum width, along the rear property line of such lots.

A series of cul-de-sacs or short loops entered from and designed generally at right angles to such parallel street, with the rear lines of their terminal lots backing onto the major arterial.

A marginal access or service road (separated from the major arterial by a ten (10) foot minimum width planting or grass strip and having access at suitable points).

(i)

Road names.

The sketch plat as submitted need not indicate any names of proposed streets. The city council shall approve the names of all roads, as proposed by subdivider, upon recommendation of the city subdivision coordinator at the time of preliminary approval. The city subdivision coordinator shall consult the volunteer fire department and local postmaster prior to rendering its recommendation to the city council. Names shall be sufficiently different in sound and spelling from other road names in the municipality so as not to cause confusion. A road which is (or is planned as) a continuation of an existing road shall bear the same name.

(j)

Road regulatory signs.

The subdivider shall reimburse the local government at the time of final subdivision approval for each road sign required by the city engineer at all road intersections. The city or county shall install all road signs before issuance of certificates of occupancy for any residence on the streets approved. Street name signs are to be placed at all intersections within or abutting the subdivision, the type and location of which to be approved by the city engineer.

FIGURE 7. OPTIONS FOR RELATING SUBDIVISION LOTTING TO MAJOR ARTERIAL

(k)

Streetlights.

Installation of streetlights shall be approved as to design and specifications by the city engineer in accordance with the construction plans required to be submitted prior to final plat approval.

(l)

Construction of roads and dead-end roads.

The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when the continuation is necessary for convenient movement of traffic, effective fire protection, for efficient provision of utilities, and where the continuation is in accordance with the local traffic needs. If the adjacent property is undeveloped and the street must temporarily be a dead-end street, the right-of-way shall be extended to the property line. A temporary T- or L-shaped turnabout shall be provided on all temporary dead-end streets, with the notation on the subdivision plat that land outside the normal street right-of-way shall revert to abutters whenever the street is continued (see figure 8). The city council may limit the length of temporary dead-end streets by recommendation of the city engineer.

Dead-end roads (permanent).

Where a road does not extend beyond the boundary of the subdivision and its continuation is not required by the city council for access to adjoining property, its terminus shall normally not be nearer to such boundary than fifty (50) feet. However, the city council may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic, or utilities. A cul-de-sac turnaround at the end of a permanent dead-end street shall be approved as to design and specifications by the city engineer in accordance with the construction plans required to be submitted prior to final plat approval. For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets may be limited in length by recommendation of the city engineer.

FIGURE 8

(m)

Design standards.

General.

In order to provide for roads of suitable location, width, and improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, sanitation, and road-maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, the following design standards for roads are hereby required.

Road surfacing and improvements.

After sewer and water utilities have been installed by the subdivider, the subdivider shall construct drainage swales or curbs and gutters as approved in the plans, and shall surface or cause to be surfaced roadways to the widths prescribed in these regulations. All surfacing shall be of a character as is suitable for the expected traffic and in harmony with similar improvements in the surrounding areas. The type of pavement shall be concrete only and shall be approved as to design and specifications by the city engineer in accordance with the construction plans required to be submitted prior to final plat approval. Adequate provision shall be made for culverts, drains, and bridges. Culverts shall have vertical concrete headwalls when located on local streets and safety ends when located in other streets. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications adopted by the city council and city engineer and shall be incorporated into the construction plans required to be submitted by the subdivider for plat approval. No variance may be granted allowing for road surfacing other than concrete.

Excess right-of-way.

Right-of-way widths shall be required in excess of standards designated in these regulations whenever, due to topography, additional width is necessary, as determined by the city engineer, to provide adequate grade or slope.

Railroads and limited access highways.

Railroad right-of-way and limited access highways where so located as to affect the subdivision of adjoining lands shall be treated as follows:

In residential districts a buffer strip at least twenty-five (25) feet in depth in addition to the normal depth of the lot required in the district shall be provided adjacent to the railroad right-of-way or limited access highway. This strip shall be part of the platted lots and shall be designated on the plat: "This strip is reserved for screening. The placement of structures on this land is prohibited."

In areas of business, commercial, or industrial uses the nearest street extending parallel or approximately parallel to the railroad right-of-way shall, wherever practicable, be at a sufficient distance from the railroad right-of-way to ensure suitable depth for commercial or industrial sites.

When streets parallel to the railroad right-of-way intersect a street which crosses the railroad right-of-way at grade, they shall, to the extent practicable, be at a distance of at least 150 feet from the railroad right-of-way (see figure 9). Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients.

FIGURE 9

Intersections.

Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two (2) new streets at an angle of less than seventy-five (75) degrees shall not be acceptable (see figure 10). An oblique street should be curved approaching an intersection and should be approximately at right angles for at least one hundred (100) feet therefrom (see figure 11). Not more than two (2) streets shall intersect at any one point unless specifically approved by the city council.

FIGURE 10

FIGURE 11. STREET INTERSECTION REQUIREMENTS

Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with centerline offsets of less than 150 feet shall not be permitted, except where the intersected street has separated dual drives without median breaks at either intersection. Where streets intersect major streets, their alignment shall be continuous. Intersection of major streets shall be at least eight hundred (800) feet apart (see figure 12).

FIGURE 12. MINIMUM STREET OFFSET REQUIREMENTS

Minimum curb radius at the intersection of two (2) local streets shall be at least twenty-five (25) feet; and minimum curb radius at an intersection involving a collector street shall be at least thirty-five (35) feet (see figure 13). Alley intersections shall have a 15' corner cut-back to permit safe vehicular movement.

FIGURE 13

Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a two percent (2%) rate at a distance of sixty (60) feet, measured from the nearest right-of-way line of the intersecting street (see figure 14).

FIGURE 14

(E)

Street intersections shall provide an adequate visibility triangle for vehicular sight lines, as recommended by the city engineer. The cross-slopes on all streets, including intersections, shall be three percent (3%) or less.

Bridges.

Bridges of primary benefit to the subdivider, as determined by the city council, shall be constructed at the full expense of the subdivider without reimbursement from the city. The sharing of expense for the construction of bridges not of primary benefit to the subdivider, as determined by the city council, will be fixed by special agreement between the city council and the subdivider. The cost of bridges that do not solely benefit the subdivider shall be charged to the subdivider pro rata based on the percentage obtained by dividing the service area of the bridge into the area of the land being developed by the subdivider.

Road dedications and reservations.

New perimeter streets.

Street systems in new subdivisions shall be laid out so as to eliminate or avoid new perimeter half-streets. Where an existing half-street is adjacent to a new subdivision, the other half of the street shall be improved and dedicated by the subdivider. The city council may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right-of-way width within its own subdivision boundaries.

Widening and realignment of existing roads.

Where a subdivision borders an existing narrow road or city plans for realignment or widening of a road would require use of some of the land in the subdivision, the subdivider shall be required to dedicate at its expense those areas for widening or realignment of those roads. Frontage roads and streets as described above shall be dedicated by the subdivider at its own expense to the full width as required by these regulations when the subdivider's development activities contribute to the need for the road expansion. Land reserved for any road purposes may not be counted in satisfying yard or area requirements whether the land is to be dedicated to the municipality in fee simple or an easement is granted to the city.

(8)

Private streets.

Private streets may be permitted if the use of private streets will preserve the aesthetic environmental qualities of the subdivision while providing property owners with a safe, functional and lasting means of access. The design and approval of private streets shall promote driver and pedestrian safety by improving movement along streets and ingress and egress for properties adjacent thereto. Generally, as the widths of streets and vehicular speeds increase, the number of private street connections thereto should decrease. Private streets shall be designed in accordance with traffic engineering principles and practices as applied to existing and anticipated conditions, particularly the land uses to be served and the configuration of the thoroughfare itself. Adequate space shall be provided in the private street right-of-way or reserved adjacent thereto to allow for street and utility maintenance. Private streets that are obstructed by gates or chains and where no watchman is present twenty-four (24) hours a day, seven (7) days a week, shall provide at its entrance(s) a standard 911 lockbox for access into the gated private streets by police, fire and emergency medical services.

Private streets within multi-unit residential projects, mobile home parks or condominiums, intended to serve more than one unit, shall conform to the design requirements of the city and the city engineer including right-of-way width requirements.

If such private streets are used within a multi-unit residential project, mobile home park or condominium and serve more than one unit, then a property owners' association (POA) shall be established within 30 days of final plat approval. Such property owners' association shall be responsible for the maintenance of the private roads. Such articles of creation ("articles") of the property owners' association shall be filed with the building official of the city. Such articles shall provide for automatic mandatory assessments to the property owners served by the private street and such articles shall make specific obligations for the maintenance of the infrastructure as necessary to meet minimum city standards for such improvements if they are located in the city's jurisdiction. Such private road shall be dedicated to the property owners' association.

The articles of the homeowners' association shall require homeowner assessment sufficient to meet the necessary annual cost of the improvements that are calculated by the city engineer and shall provide that assessments are not subject to subrogation to mortgage lenders. Further, the articles shall provide that the board of directors shall be required to expend money for the improvements and repairs to maintain all infrastructures under its jurisdiction. Further, the articles shall require that board of directors file with the city annual reports of maintenance and that the board of directors shall be required to initiate any and all repairs in a timely manner as shall be identified by either the board or the city, and that the treasurer of the property owners' association shall be required to post a surety bond in an amount not less than 200% of all the monies on deposit with the POA for maintenance.

This subsection (private streets) is made specifically subject to section 9.02.011, entitled "Variances, exceptions, and waiver of conditions."

(Ordinance 146, sec. 5.03, adopted 3/7/2022)

§ 9.02.104 Drainage and storm sewers.

General requirements.

The city council shall not recommend for approval any plat or subdivision that does not make adequate provision for storm and floodwater runoff channels or basins. The stormwater drainage system shall be separate and independent of any sanitary sewer system.

Storm sewer facilities are required with curb and gutter streets unless an exception is granted by city council pursuant to section 9.02.011.

Storm sewers, where required, shall be designed by method approved by the city engineer, and a copy of design computations shall be submitted along with plans. Inlets shall be provided so that surface water is not carried across or around any intersection, or for a distance of more than 250 feet in the gutter or swale, as applicable. When calculations indicate that curb or swale capacities are exceeded at a point, no further allowance shall be made for flow beyond that point, and basins shall be used to intercept flow at that point. Surface water drainage patterns shall be shown for each and every lot and block.

The stormwater drainage system (open ditch and curb and gutter) shall be consistent throughout each phase of development of the subdivision. No mixing of stormwater drainage system (open ditch and curb and gutter) shall be allowed on the opposite side of the same street, and in no event shall open ditch drainage and curb and gutter drainage be mixed in the same block.

Nature of stormwater facilities.

Location.

The subdivider may be required by the city council to carry away by pipe or open ditch any spring or surface water that may exist either previously to, or as a result of, the subdivision. Such drainage facilities shall be located in the road right-of-way, or with an exception granted by city council pursuant to section 9.02.011 in perpetual, unobstructed easements of appropriate width, and shall be constructed in accordance with the construction standards and specifications.

Accessibility to public storm sewers.

Where a public storm sewer is accessible, the subdivider shall install storm sewer facilities. If no outlets are within a reasonable distance, adequate provision shall be made for the disposal of stormwater, subject to the specifications of the city engineer. In subdivisions containing lots smaller than one-half acre and with a frontage less than 90', and in business and industrial areas where a public storm sewer is accessible, underground storm sewer systems shall be constructed throughout the subdivision and be conducted to an approved outfall. Inspection of facilities shall be conducted by the city engineer.

If a connection to a public storm sewer will be provided eventually, as determined by the city engineer and the city council, the subdivider shall make arrangements for future stormwater disposal by a public utility system at the time the plat receives final approval. Provision for such connection shall be incorporated by inclusion in the subdivision improvement agreement required for the subdivision plat.

Accommodation of upstream drainage areas.

A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The subdivider's engineer shall determine the necessary size of the facility subject to the review and approval by the city engineer based on the provisions of the construction standards and specifications assuming conditions of maximum potential watershed development.

Effect on downstream drainage areas.

The city engineer shall also study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. County and city drainage studies together with such other studies as shall be appropriate, shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the city council may withhold approval of the subdivision until provision has been made for the expansion of the existing downstream drainage facility. No net increase in stormwater runoff will be allowed to occur as a result of the site development unless recommended by the city engineer and approved by city council. No subdivision shall be approved unless adequate drainage as recommended by the city engineer and approved by city council is provided.

Areas of poor drainage.

Whenever a plat is submitted for an area that is subject to flooding, the city council may approve such subdivision provided that the subdivider fills the affected area of the subdivision to an elevation sufficient to place the elevation of streets and lots at a minimum of twelve (12) inches above the elevation of the one hundred (100) year floodplain, as determined by the city engineer. The plat of the subdivision shall provide for an overflow zone along the bank of any stream or watercourse, in a width that shall be sufficient in times of high water to contain or move the water, and no fill shall be placed in the overflow zone nor shall any structure be erected or placed in the overflow zone. The boundaries of the overflow zone shall be subject to approval by the city engineer. The city council may deny subdivision approval for areas of extremely poor drainage.

Floodplain areas.

Development of floodprone areas is prohibited except as permitted in these regulations. Subdivision of floodprone areas is prohibited where the cost of providing utilities and governmental services would pose an unreasonable economic burden. The location, elevation, and construction of all utilities and facilities, such as sewer, gas, electrical, and water systems and streets shall be in such manner as to minimize or eliminate damage by flooding. No platted residential lot shall be approved that does not contain a suitable building site of sufficient elevation to permit construction utilizing a first floor elevation above the level of the 100-year flood as determined by the city engineer. The city council may, when it deems it necessary for the health, safety, or welfare of the present and future population of the area and necessary to the conservation of water, drainage, and sanitary facilities, prohibit the subdivision of any portion of the property that lies within the floodplain of any stream or drainage course. These floodplain areas shall be preserved from any and all destruction or damage resulting from clearing, grading or clumping of earth, waste material, or stumps, except at the discretion of the city council.

Drainage easements shall be designed to allow sufficient access in order to provide for the use of heavy equipment and shall be approved as to design and specifications by the city engineer in accordance with the construction plans required to be submitted prior to final plat approval.

Dedication of drainage easements.

General requirements.

When a subdivision is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse, and of such width and construction as will be adequate for the purpose. Wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow.

Drainage easements.

Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual, unobstructed easements according to design and specifications by the city engineer and in accordance with the construction plans required to be submitted prior to final plat approval for drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall extend from the road to a natural watercourse or to other drainage facilities.

When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat.

The subdivider shall dedicate, either in fee or by a drainage or conservation easement, land on both sides of existing watercourses to a distance to be determined by the city council.

Low-lying lands along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and retained in their natural state as drainage ways.

(E)

Easements shall be noted on plat: "This easement shall be kept clear of fences, building, planting, and other obstructions to the operations and maintenance of the drainage facility, and abutting property shall not be permitted to drain this easement except by means of an approved drainage structure."

(Ordinance 146, sec. 5.04, adopted 3/7/2022)

§ 9.02.105 Water facilities.

General requirements.

When a public water main is not accessible, the subdivider shall take necessary action to extend or create a water-supply district for the purpose of providing a water-supply system capable of providing for domestic water use and fire protection.

When a public water main is accessible, the subdivider shall install adequate water facilities (including taps and fire hydrants) subject to the specifications of the city engineer. All water mains shall be at least six (6) inches in diameter.

Water main extensions shall be reviewed and approved by the city engineer.

The location of all fire hydrants, all water supply improvements, and the boundary lines of proposed districts, indicating all improvements proposed to be served, shall be shown on the preliminary plat, and the cost of installing same shall be borne by the subdivider and included in the subdivision improvement agreement and security to be furnished by the subdivider.

Individual wells and central water system.

In the extraterritorial jurisdiction, in subdivisions with a density of one unit per acre or less and when public water system is not available, or at the discretion of the city council, individual wells may be used or a central water system provided in a manner so that an adequate supply of potable water will be available to every lot in the subdivision. Water samples shall be submitted to the health department for its approval, and individual wells and central water systems shall be approved by the appropriate health authorities. Approvals shall be submitted to the city council prior to final subdivision plat approval.

If the city council requires that a connection to a public water main be eventually provided as a condition of approval of an individual well or central water system, the subdivider shall make arrangements prior to receiving final plat approval for future water service. Performance or cash bonds may be required to ensure compliance.

Fire hydrants.

Fire hydrants shall be required for all subdivisions and shall be located no more than 600 feet apart and within 300 feet of any structure and shall be approved by the city council or its designee. To eliminate future street openings, all underground utilities for fire hydrants, together with the fire hydrants themselves, and all other supply improvements shall be installed before any final paving of a street shown on the subdivision plat.

(Ordinance 146, sec. 5.05, adopted 3/7/2022)

§ 9.02.106 Sewerage facilities.

General requirements.

The subdivider shall install sanitary sewer facilities and taps in a manner prescribed by construction standards and specifications determined by the city engineer. All plans shall be designed and approved in accordance with the rules, regulations, and standards of the city engineer, health department, and the county and other appropriate agencies.

High-density residential and nonresidential areas.

Sanitary sewerage facilities shall connect with public sanitary sewerage systems. Sewers shall be installed to serve each lot and to grades and sizes required by approving officials and agencies. No individual disposal system or treatment plants (private or group disposal systems) shall be permitted. Sanitary sewerage facilities (including the installation of laterals in the right-of-way) shall be subject to the specifications, rules, regulations, and guidelines of the health officer, city engineer, and state commission on environmental quality.

Low-and medium-density residential areas.

Sanitary sewerage systems shall be constructed as follows:

When a public sanitary sewerage system is reasonably accessible, the subdivider shall connect with same and provide sewers accessible to each lot in the subdivision.

When public sanitary sewerage systems are not reasonably accessible but will become available within a reasonable time (not to exceed fifteen (15) years), the subdivider may choose one of the following alternatives:

Central sewerage system with the maintenance cost to be assessed against each property benefited. Where plans for future public sanitary sewerage systems exist, the subdivider shall install the sewer lines, laterals, and mains to be in permanent conformance with such plans and ready for connection to such public sewer mains; or

Individual disposal systems, provided the subdivider shall install sanitary sewer lines, laterals, and mains from the street curb to a point in the subdivision boundary where a future connection with the public sewer main shall be made. Sewer lines shall be laid from the house to the street line, and a connection shall be available in the home to connect from the individual disposal system to the sewer system when the public sewers become available. Such sewer systems shall be capped until ready for use and shall conform to all plans for installation of the public sewer system, where such exist, and shall be ready for connection to such public sewer main.

When sanitary sewer systems are not reasonably accessible and will not become available for a period in excess of fifteen (15) years, the subdivider may install sewerage systems as follows:

Medium-density residential areas.

Only a central sewerage system may be constructed. No individual disposal system will be permitted. Where plans exist for a public sewer system to be built, for a period in excess of fifteen (15) years, the subdivider shall install all sewer lines, laterals, and mains to be in permanent conformance with such plans and ready for connection to such public sewer main.

Low-density residential areas.

Individual disposal systems or central sewerage systems shall be used.

Mandatory connection to public sewer system.

If a public sanitary sewer is accessible and a sanitary sewer is placed in a street or alley abutting upon property, the owner of the property shall be required to connect to the sewer for the purpose of disposing of waste, and it shall be unlawful for any such owner or occupant to maintain upon any such property an individual sewage disposal system. Any mobile home lot or sublot which is part of a master lot must be served by public sanitary sewer.

Individual disposal system requirements.

If public sewer facilities are not available and individual disposal systems are proposed, minimum lot areas shall conform to the requirements of the state commission on environmental quality and percolation tests and test holes shall be made as directed by the city health officer. The individual disposal system, including the size of the septic tanks and size of the tile fields or other secondary treatment device, shall also be approved by the health officer.

(f)

Design criteria for sanitary sewers.

General guidelines.

These design criteria are not intended to cover extraordinary situations. Deviations will be allowed and may be required in those instances when considered justified by the city engineer.

Design factors.

Sanitary sewer systems should be designed for the ultimate tributary population. Due consideration should be given to current regulations and approved planning reports where applicable. Sewer capacities should be adequate to handle the anticipated maximum hourly quantity of sewage and industrial waste together with an adequate allowance for infiltration and other extraneous flow. The unit design flows presented below should be adequate in each case for the particular type of development indicated. Sewers shall be designed for the total tributary area using the following criteria:

One/two-family dwellings	0.02 cfs/acre
Apartments
One and two story	0.02 cfs/acre
Three through six story	0.03 cfs/acre
Commercial
Small stores, offices and miscellaneous business	0.02 cfs/acre
Shopping centers	0.02 cfs/acre
High rise	As directed by city engineer
Industrial	As directed by city engineer

cfs = cubic feet per second

The design factors shall apply to watersheds of 300 acres or less. Design factors for watersheds larger than 300 acres and smaller than 1,000 acres shall be computed on the basis of a linear decrease from the applicable design factor for an area of 1,000 acres unless otherwise directed by the city engineer. Design factors for watersheds larger than 1,000 acres shall be 0.01 cfs/acre unless otherwise directed by the city engineer.

Maximum size.

The diameter of sewers proposed shall not exceed the diameter of the existing or proposed outlet, whichever is applicable, unless otherwise approved by the city engineer.

Minimum size.

No public sewer shall be less than eight (8) inches in diameter.

Minimum slope.

All sewers shall be designed to give mean velocities when flowing full of not less than 2.7 feet per second. All velocity and flow calculations shall be based on the Manning Formula using an N value of 0.013. The design slopes shall be evenly divisible by four (4). The slopes shall be minimum for the size indicated. Exceptions to these minimum slopes shall be made at the upper end of lateral sewers serving under thirty (30) houses. Sewers at the upper end shall have a minimum slope of 0.76 percent. When lateral sewers serve less than ten (10) houses, the minimum slope shall be not less than one (1) percent. (See table below.)

Minimum Slopes for Sewers
Sewer Size (inches)	Minimum Slope (feet per 100 feet)
8	0.60
10	0.44
12	0.36
15	0.28
18	0.24
21	0.20
24	0.16

§ 9.02.107 Sidewalks; required improvements.

Alignment.

All sewers shall be laid with straight alignment between manholes, unless otherwise directed or approved by the city engineer.

(E)

Manhole location.

Manholes shall be installed at the end of each line; at all changes in grade, size, or alignment; at all intersections; and at distances not greater than 400 feet for sewers 15 inches and smaller, and 500 feet for sewers 18 inches in diameter and larger.

(F)

Manholes.

The differences in elevation between any incoming sewer and the manhole invert shall not exceed 12 inches except where required to match crowns. The use of drop manholes will require approval by the city engineer. The minimum inside diameter of the manholes shall conform to those specified by the city engineer. Inside drop manholes will require special considerations; however, in no case shall the minimum clear distance be less than that indicated above. When a smaller sewer joins a larger one, the crown of the smaller sewer shall not be lower than that of the larger one. The minimum drop through manholes shall be 0.2 feet.

(G)

Sewerage locations.

Sanitary sewers shall be located within street or alley rights-of-way unless topography dictates otherwise. When located in easements on private property, access shall be to all manholes. A manhole shall be provided at each street or alley crossing. End lines shall be extended to provide access from street or alley right-of-way when possible. Imposed loaded [loads] shall be considered in all locations. Not less than six (6) feet of cover shall be provided over the top of pipe in street and alley rights-of-way or three (3) feet in all other areas.

(H)

Cleanouts and lampholes.

Cleanouts and lampholes will not be permitted.

(I)

Water supply interconnections.

There shall be no physical connection between a public or private potable water supply system and a sewer which will permit the passage of any sewage or polluted water into the potable supply. Sewers shall be kept removed from water supply wells or other water supply sources and structures.

(J)

Relation of sewers to water mains.

A minimum horizontal distance of ten (10) feet shall be maintained between parallel water and sewer lines. At points where sewers cross water mains, the sewer shall be constructed of cast iron pipe or encased in concrete for a distance of ten (10) feet in each direction from the crossing, measured perpendicular to the water line. This will not be required when the water main is at least two (2) feet above the sewer.

(Ordinance 146, sec. 5.06, adopted 3/7/2022)

A ten-foot sidewalk easement shall be reserved in the outer section of both sides of the dedicated non-pavement right-of-way of all streets, regardless of whether sidewalks are being built or not. These sidewalks easements shall be used for the sole purpose of sidewalk construction and maintenance.

Sidewalks shall be graded and improved as required in section 9.02.103(c) of these regulations in conformance with the standards of the city. A median strip of grassed or landscaped areas at least four (4) feet wide shall separate all sidewalks from adjacent street pavement.

Pedestrian accesses.

The city council may require, in order to facilitate pedestrian access from roads to schools, parks, playgrounds, or other nearby roads, perpetual unobstructed easements at least twenty (20) feet in width. Easements shall be indicated on the plat.

(Ordinance 146, sec. 5.07, adopted 3/7/2022)

§ 9.02.108 Utilities.

Location.

All utility facilities, including but not limited to gas, electric power, telephone, and CATV cables, shall be located underground throughout the subdivision except those which are located in easements approved by city council. Whenever existing utility facilities are located above ground, except when existing on public roads and rights-of-way, they shall be removed and placed underground. All utility facilities existing and proposed throughout the subdivision shall be shown on the preliminary plat. Underground service connections to the street property line of each platted lot shall be installed at the subdivider's expense. At the discretion of the city council, the requirement for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use.

Easements.

Easements centered on rear lot lines shall be provided for utilities (private and municipal) and such easements shall be at least sixteen (16) feet wide. Proper coordination shall be established between the subdivider and the applicable utility companies for the establishment of utility easements established in adjoining properties.

When topographical or other conditions are such as to make impractical the inclusion of utilities within the rear lot lines, perpetual unobstructed easements at least sixteen (16) feet in width shall be provided along side lot lines with satisfactory access to the road or rear lot lines. Easements shall be indicated on the plat.

(Ordinance 146, sec. 5.08, adopted 3/7/2022)

§ 9.02.109 Public uses.

Parks, playgrounds, and recreation areas.

Park dedication fee required.

The city council shall require that the subdivider deposit with the city a park dedication fee. Such deposit shall be placed in a neighborhood park and recreation improvement fund established by the city council. The deposit shall be used by the city for improvement of a neighborhood park, playground, or recreation area including the acquisition of property. The deposit must be used for facilities that actually will be available to and benefit the persons in the subdivision for which payment was made and be located in the general neighborhood of the subdivision.

The park dedication fee shall be in the amount established by city council. The full amount of the fee is payable over the next three years from date of approval of the final plat of the subdivision, as follows: one-third (1/3) of total amount to be paid on the first anniversary of approval of the final plat; one-third (1/3) to be paid on the second anniversary of approval of the final plat; and one-third (1/3) to be paid on the third anniversary of the final plat. A ten percent (10%) discount will be given if the full amount of the fee is paid at the time of approval of the final plat. In the event the subdivider elects to pay the fee out over a period of three (3) years, the subdivider shall put up a bond in a form approved by the city attorney with a licensed surety in the state in the full amount of the fee.

Alternative procedure: land in lieu of park dedication fee.

The city council may, at its discretion, accept the donation of land in lieu of a park dedication fee. Each reservation shall be of suitable size, dimension, topography, and general character and shall have adequate road access for the particular purposes envisioned by the city council. The area shall be shown and marked on the plat, "reserved for park, and/or recreation purposes."

When recreation areas are required, the city council may require the provision of one (1) acre for every thirty (30) dwelling units. The city council may refer such proposed reservations to the city department in charge of parks and recreation for recommendation. The subdivider shall dedicate all such recreation areas to the city as a condition of final subdivision plat approval.

Recreation sites.

Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield, or for other recreation purposes, and shall be relatively level and dry; and shall be improved by the subdivider to the standards required by the city council, which improvements shall be included in the subdivision improvement agreement and security. The city council may refer any subdivision proposed to contain a dedicated park to the city department in charge of parks and recreation for a recommendation. All land to be reserved for dedication to the city for park purposes shall have prior approval of the city council and shall be shown marked on the plat, "reserved for park and/or recreation purposes."

Other recreation reservations.

The provisions of this section are minimum standards. None of the subsections above shall be construed as prohibiting a subdivider from reserving other land for recreation purposes in addition to the requirements of this section. In the event the subdivider elects to set aside additional lands for parks, maintenance of said parks shall be the responsibility of the subdivider or the homeowners' association, unless accepted by the city council.

Other public uses.

Plat to provide for public uses.

Except when a subdivider sets aside land as required by the provisions of these regulations, whenever a tract to be subdivided includes a school, recreation uses per subsections (a)(3) and (4) above, or other public use as indicated on the comprehensive plan or any portion thereof, the space shall be suitably incorporated by the subdivider into its sketch plat. After proper determination of its necessity by the city council and the appropriate local government official or other public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the subdivider into the preliminary and final plats.

Referral to public body.

The city council shall refer the sketch plat to the public body concerned with acquisition for its consideration and report. The city council may propose alternate areas for such acquisition and shall allow the public body or agency thirty (30) calendar days for reply. The agency's recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition.

Notice to property owner.

Upon a receipt of an affirmative report, the city council shall notify the property owner and shall designate on the preliminary and final plats that area proposed to be acquired by the public body.

§ 9.02.110 Preservation of natural features and amenities.

Duration of land reservation.

The acquisition of land reserved by a public agency on the final plat shall be initiated within twelve (12) months of notification, in writing, from the owner that the intends to develop the land. Such letter of intent shall be accompanied by the sketch plat of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed 12 months shall result in the removal of the "reserved" designation from the property involved and the freeing of the property for development in accordance with these regulations.

(Ordinance 146, sec. 5.09, adopted 3/7/2022)

Existing features that would add value to residential development or to the local government as a whole, such as trees, as herein defined, watercourses and falls, beaches, historic spots, and similar irreplaceable assets, shall be encouraged to be preserved in the design of the subdivision.

(Ordinance 146, sec. 5.10, adopted 3/7/2022)

§ 9.02.111 Nonresidential subdivisions.

General.

If a proposed subdivision includes land for commercial or industrial purposes, the layout of the subdivision shall make provision as the city council may require. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the city council, and shall conform to the proposed land use and standards established in the comprehensive plan and official map.

Standards.

In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the subdivider shall demonstrate to the satisfaction of the city council that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:

Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.

Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.

Special requirements may be imposed by the local government with respect to street, curb, gutter, and sidewalk design and construction.

Special requirements may be imposed by the local government with respect to the installation of public utilities, including water, sewer, and stormwater drainage.

Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including careful placement of noise and light sources, and the provision of extra depth in parcels backing up on existing or potential residential development with permanently landscaped buffer strips.