[1]
Editor’s note–As set out in the 2006 Code, articles IV and V of chapter 12 (divisions 4 and 5 of this article) were both titled “Improvements.” The titles have been revised by the editor.
(a) 
Conformity to the design standards.
No plat or construction plans shall be approved by the planning and zoning commission or town council, and no completed improvements shall be accepted by the town council unless they conform to the subdivision design requirements and town design standards as contained in the town’s “Subdivision Regulations and Design Standards for Paving, Drainage and Utility Improvements,” which are incorporated herein by reference for all purposes.
(b) 
Conformity to the comprehensive land use plan.
The subdivision shall conform to the comprehensive land use plan and the parts thereof as it exists and as hereafter amended.
(c) 
Reserve strips prohibited.
There shall be no reserve strips of land except those which are conveyed or dedicated to the government having jurisdiction.
(d) 
Extension of town facilities.
To properly serve a subdivision, it may be necessary to extend existing utilities and/or drainage facilities. When these extensions or facilities are constructed outside the proposed subdivision, they are herein referred to as “off-site improvements.” The subdivider shall be required to participate with off-site improvements of such size to adequately serve the area being subdivided.
(Ordinance 98-08, sec. 5.1, adopted 4/21/98; Ordinance 2001-21, sec. 5.1, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.01)
Block lengths shall not exceed twelve hundred (1,200) feet except along primary collectors. Lengths shall be measured from the intersection of the centerlines of streets. In the case of cul-de-sacs, lengths shall be measured on street centerline from the intersection of the street to the radius point of the cul-de-sac.
(Ordinance 98-08, sec. 5.2, adopted 4/21/98; Ordinance 2001-21, sec. 5.2, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.02)
(a) 
Generally.
The lot design should provide for lots of adequate width, depth and shape to provide open area, to eliminate overcrowding, and to be appropriate for the location of the subdivision and for the type of development and use contemplated, and in accordance with the adopted comprehensive zoning ordinance of the town and all other applicable codes and regulations.
(b) 
Side lot lines.
Shall be substantially at right angles to straight streets and radial to curved street lines.
(c) 
Extra depth and width in certain cases.
Where a lot in a residential area backs up to electric transmission lines (69 KV or higher), an arterial street, or other land use which has a depreciating effect on the residential use of the property, and where no marginal access street or other street is provided at the rear of such lot, additional depth may be required by the planning and zoning commission upon demonstration of hardship based upon documented engineering standards and special conditions of the property.
(d) 
Lots adjacent to or in floodplains.
Subdivision of property in a designated floodplain must meet the requirements of the adopted codes of the town regulating land use and development in the floodplain. Where floodplains are located adjacent to platted lots, the proposed finish floor elevation shall be indicated on the lot on the final plat.
(Ordinance 98-08, sec. 5.3, adopted 4/21/98; Ordinance 2001-21, sec. 5.3, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.03)
(a) 
Generally.
(1) 
Streets on town comprehensive land use plan or thoroughfare plan.
Whenever a tract to be subdivided borders on or embraces any part of any street or parkway so designated on the town comprehensive land use plan or thoroughfare plan, such part of such proposed public way shall be platted by the subdivider in the same location and at the same width as indicated on the town comprehensive land use plan or thoroughfare plan. All primary and secondary collector street locations, alignment, right-of-way width, pavement width, and cross-section shall be in accordance with the adopted comprehensive land use plan, the town’s adopted subdivision regulations, and all other applicable regulations.
(2) 
Street layout.
Adequate streets shall be provided by the subdivider and the arrangement, character, extent, width, grade, and location of each shall be considered in relation to existing and planned streets, topographical conditions, public safety and convenience, and in their appropriate relationship to the proposed uses of land to be served by such streets. The street layout shall be devised for the most advantageous development of the entire neighborhood.
(3) 
Local streets.
Streets shall be laid out so as to discourage their use by through traffic.
(4) 
Reserve strips prohibited.
There shall be no reserve strips prohibiting access to land dedicated or intended to be dedicated to public use.
(5) 
Street names.
Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of or in alignment with existing streets, in which case names of existing streets shall be used.
(6) 
Relation to adjoining street system.
Where necessary to the neighborhood pattern, existing streets in adjoining areas shall be continued and shall be at least as wide as such existing streets and in alignment therewith.
(7) 
Projection of streets.
Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall make provisions necessary for the proper projection of streets into such unsubdivided area.
(8) 
Street lengths.
Except for primary collectors, street lengths without an intersection or turnaround shall not exceed twelve hundred (1,200) feet. Lengths shall be measured from intersection of the centerlines of streets. In the case of cul-de-sacs, lengths shall be measured on the centerline from the intersection of the street to the radius point of the cul-de-sac.
(9) 
Street intersections.
Street intersections shall be as nearly at right angles as practicable, giving due regard to terrain and topography, sight distances, and safety. All major and minor collectors, unless otherwise approved by the planning and zoning commission, shall intersect at or near ninety (90) degree angles.
(10) 
Street jogs.
Street jogs with centerline offsets of less than one hundred fifty (150) feet shall be prohibited. Streets intersecting with or extending to meet an existing street shall be tied to the existing street on centerline with distances and angles to show relationships.
(11) 
Half streets.
No half streets will be permitted along the boundaries of proposed subdivisions.
(12) 
Dead-end streets.
Permanent dead-end streets shall be prohibited unless used as short stubs to permit future expansion. Permanent dead-end streets shall not exceed the depth of one (1) lot or two hundred fifty (250) feet, whichever is less.
(13) 
Cul-de-sac.
A cul-de-sac shall not be more than six hundred (600) feet in length measured from the street centerline intersection and the radius point of the cul-de-sac. The turnaround shall have a minimum right-of-way radius of fifty (50) feet and a minimum driving surface radius of forty (40) feet.
(14) 
Private streets.
Private streets shall only be permitted to be constructed within the corporate limits of the town if they are approved as a part of a Planned Development (PD) District and have established a homeowners’ association for the maintenance of private streets, common spaces, and common facilities. In such cases the streets shall be constructed in accordance with all the design standards for streets and storm drainage as contained in the design documents adopted and/or used as standard engineering practice within the town.
(15) 
Residential driveways.
Residential driveways to serve garages, porte-cocheres and/or storage areas shall not be more than twenty-four feet (24') in width, measured at the property line. A driveway shall not begin less than five feet (5') from the point of tangency of the corner radius of an intersection. Residential driveways shall not be constructed closer than ten feet (10') apart unless approved by the planning and zoning administrator.
(16) 
Commercial driveways.
Commercial driveways shall not exceed sixty-five percent (65%) of the property frontage, and shall be a minimum of twenty-four feet (24') and a maximum of forty-five feet (45') in width, measured at the property line. When the property frontage is seventy-five feet (75') or greater, the driveway measured at the property line shall not begin less than ten feet (10') from the property corner. When the property frontage is less than seventy-five feet (75'), the driveway measured at the property line may begin a minimum of five feet (5') from the property corner, provided there is not an existing driveway within fifteen feet (15') of the property corner of the adjacent property. The radius of all driveways shall be a minimum of ten feet (10'), except in instances where the edge of the driveway is located less than ten feet (10') from the property corner. In such cases, the minimum radius shall be five feet (5').
(17) 
Service drives.
For townhouse lots that have rear entry garages, each townhouse lot shall be provided with a service drive, private alley, or public alley abutting the rear lot line. Such service drive or alley shall have a minimum right-of-way width of twenty-five feet (25'), a minimum paved surface width of twenty-two feet (22'), and shall be developed in accordance with town design standards. Service drives and private alleys shall not exceed nine hundred feet (900') in length without providing access at the midsection of the alley to a public street. Service drives shall not be dedicated to the town and maintenance of said service drives shall be the responsibility of the owner, owners or homeowners’ association within the subdivision.
(18) 
Curb ramps.
Curb ramps complying with the Americans With Disabilities Act, as amended shall be provided at all intersections. Ramps shall be located to provide adequate and reasonable access for the safe and convenient movement of persons with disabilities, including but not limited to movement in a wheelchair.
(19) 
Street signs.
Within the corporate limits of the town street signs shall be furnished and installed by the subdivider or developer at each intersection. In addition, the developer shall install all regulatory, warning and guide signs, including posts, as shown on the approved plans or as directed by the town engineer. Examples of regulatory, warning and guide signs are as follows:
(A) 
Regulatory signs shall include, but are not limited to STOP, 4-WAY, YIELD, KEEP RIGHT, and speed limit signs. All stop signs and street signs provided in subdivisions platted after March 21, 1995 shall be of the size and dimension and construction type shown in the following illustration.
(B) 
Warning signs shall include, but are not limited to DEAD END, NO OUTLET, DIVIDED ROAD, and PAVEMENT ENDS.
(C) 
Guide signs shall include, but are not limited to street name signs, DETOUR, direction arrow and advance arrow.
(20) 
Streetlights.
All developments shall be provided with streetlights, as shown in the following illustration. Streetlights shall be installed at the cost of the subdivider and at no cost to the town. In general, lights should be located on metal poles at street intersections and at intervals no greater than four hundred feet (400') apart. Streetlights should be the equivalent of one hundred seventy-five (175) watt mercury vapor fixtures on minor residential streets. All collector streets shall have sodium vapor fixtures with a minimum of two hundred fifty (250) watts. In some instances, greater wattage may be required by the town. The town reserves the right to inspect the street lighting construction.
(21) 
Pavement widths and right-of-way widths.
Pavement widths shall be measured from the face of the curb. The minimum widths of pavement and right-of-way shall conform to the adopted comprehensive land use plan, and pavement sections shall conform to the design standards for the town.
(22) 
Primary collector streets.
Along all primary collector streets, the following shall apply:
(A) 
When a side or rear yard abuts or lies adjacent to the right-of-way of a primary collector street:
(i) 
Except as provided in subsection (ii) of this subsection (A), no building or structure shall be constructed, erected or installed closer than fifteen (15) feet to the right-of-way; and
(ii) 
A masonry wall not less than six feet (6') in height shall be constructed contiguous to the right-of-way.
(B) 
Within the median area of a primary collector street, trees shall have a full-grown height of at least fifteen feet (15') and shall be planted every fifteen feet (15'). Other plant material may be approved by the town.
(23) 
Responsibility for installation.
(A) 
Internal streets.
(i) 
The subdivider shall be responsible for the construction of all streets within the subdivision at their own expense.
(ii) 
The subdivider shall, at their own cost, dedicate such right-of-way [for] streets and construct streets of such size as required in section 10.02.071, Dedication, herein so as to adequately serve the area being subdivided.
(B) 
Perimeter streets.
Where the proposed subdivision is located adjacent to a substandard road or street within the town and it is deemed not feasible to improve said road or street at the time of development of the subdivision, the subdivider or developer shall pay the town a fee equal to one-half (1/2) the cost of improvements required to meet town standards (including, but not limited to, excavation, subgrade preparation, paving, drainage facilities, utility adjustments and engineering) and dedicate the necessary right-of-way for said road or street as a condition precedent to the acceptance of the subdivision improvements by the town for maintenance purposes. No building permits shall be issued until all fees have been paid. The estimate of the cost of said improvement shall be determined by the town engineer and made available to the subdivider. The fees shall be placed by the town into a street improvement escrow fund, and shall be specifically reserved and used for the improvement of said road or street. When a thoroughfare is improved adjacent to the subdivision there shall not be a curb and gutter assessment levied by the town against the property for which the fee was collected. If the improvement to the road or street does not occur within twenty (20) years from the date the fee is placed on deposit with the town, the fee, including any interest earned thereon, shall be returned to the property owners of record at that time.
(Ordinance 98-08, sec. 5.4, adopted 4/21/98; Ordinance 2001-21, sec. 5.4, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.04)
(a) 
Guidelines.
Sidewalks and/or extra-width paths, constructed in accordance with the design standards of the town and specifications, shall be required in subdivisions or developments. Sidewalks and/or extra-width paths shall be required in conformance with the comprehensive land use plan and as required to tie in to recognized pedestrian pathways. The following guidelines shall apply generally in determining sidewalk and/or extra-width paths locations:
(1) 
Location of sidewalks and/or extra-width paths shall be determined within each subdivision on a case-by-case basis, as deemed necessary by the planning and zoning commission.
(b) 
Responsibility for installation.
(1) 
The developer, as part of the subdivision plat approval, shall be responsible for the construction of the required sidewalk and/or extra-width path.
(2) 
No final acceptance or certificate of occupancy will be issued until such sidewalk and/or extra-width path has been installed, in accordance with the requirements of the plat approval.
(Ordinance 98-08, sec. 5.5, adopted 4/21/98; Ordinance 2001-21, sec. 5.5, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.05)
Storm drainage improvements shall comply with design requirements as contained in the town design standards.
(Ordinance 98-08, sec. 5.6, adopted 4/21/98; Ordinance 2001-21, sec. 5.6, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.06)
(a) 
Generally.
The subdivider shall dedicate, at their own cost, such right-of-way and construct such water mains, water lines, fire hydrants, sanitary sewers, and drainage improvements of such a size as to adequately serve the area being subdivided, as determined by the town engineer and/or MUD. All facilities shall be constructed in accordance with town design standards.
(b) 
Water.
(1) 
Water supply and distribution.
All subdivisions shall be provided with water supply and water distribution systems approved by the town engineer and/or MUD in accordance with standards as required by the town engineer and/or MUD.
(2) 
Fire hydrants.
Standard fire hydrants shall be installed as part of the water distribution system per specification of the state board of insurance, department of public safety, department of public works, and in accordance with the standards as required by the municipal utility district.
(c) 
Wastewater.
All subdivisions shall be provided with an approved sewage disposal system approved by the town engineer and/or MUD and in accordance with standards as required by the town engineer and/or MUD.
(Ordinance 98-08, sec. 5.7, adopted 4/21/98; Ordinance 2001-21, sec. 5.7, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.07)
(a) 
The location and width of sanitary sewer system, water, storm sewer, electrical anchors, or other town utility easements shall be determined by the town engineer and/or MUD.
(b) 
Where easements are required for use other than public utilities, the location and width must be acceptable to the private utility company concerned and shall be approved by the planning and zoning commission.
(c) 
Where any public or private utility line is required to be adjusted in location or elevation, the developer or subdivider shall cause such changes to be made with the approval of the town engineer and/or MUD.
(d) 
Where the proposed subdivision adjoins an unplatted property, and a utility easement is to be dedicated on the adjacent property, the owner and/or lienholder shall join in the dedication of a full easement, which shall be shown on the plat.
(e) 
Normal curb exposure shall be required where utility easements intersect streets.
(f) 
Intersecting utility easements.
Where two utility easements intersect or turn at a right angle, a cut-off or corner clip of not less than 10 feet from the normal intersection of the property or easement line shall be provided along each property or easement line.
(g) 
Water, sanitary sewer and storm sewer.
Shall be placed within street right-of-way, unless approved otherwise at the time of final plat approval. When a water, sanitary sewer or storm sewer line must cross an existing street, the crossing shall be made by boring or tunneling under the existing street. The bore pit shall be located a minimum of three feet (3') back of curb. The method of the bore shall be approved by the town engineer. All other utilities shall be placed in the rear easements, unless otherwise approved at the time of final plat approval.
(Ordinance 98-08, sec. 5.8, adopted 4/21/98; Ordinance 2001-21, sec. 5.8, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.08)
(a) 
Location of monuments.
Monuments shall be set at each corner of the survey boundary of the subdivision, and permanent lot markers shall be placed at each lot corner. Monuments and lot markers shall be set immediately after completion of utility installations and street construction, or as the town engineer may require.
(b) 
Monuments.
Monuments shall be made of an iron rod three-fourths inch (3/4") in diameter and three feet (3') long, with a cross marked on the top, securely set in the ground until its top is flush with the natural surface of the ground. A block of concrete four inches (4") square or five inches (5") in diameter and eighteen inches (18") deep shall be set around the upper end, flush with the tip of the rod. Where, due to topographical conditions, permanent structures, or other conditions, the view is obstructed between any two (2) adjacent monuments, intermediate monuments shall be so set as to assure a clear view between adjacent monuments. All such intermediate monuments shall be marked with reinforcing iron bars one-quarter (1/4") inch in diameter by two feet (2') long driven nearly flush with the ground or countersunk slightly to avoid being disturbed. The permanent monuments shall be tied into the town’s horizontal and vertical control system. The developer shall incur the cost of setting the monuments but shall provide data to the town engineer to physically place the monuments.
(c) 
Lot markers.
Lot markers shall be iron pins no less than eighteen inches (18") long nor less than one-half inch (1/2") in diameter set flush with the ground at every corner, at all angle points, and at all points of curves not otherwise designated under subsection (a) of this section. All points of intersection shall be referenced in accordance with the town’s horizontal control system.
(d) 
Benchmarks.
All plats shall provide benchmarks located within the subdivision. Said benchmarks shall clearly reference an elevation in accordance with mean sea level, shall provide horizontal control in accordance with the town’s control system, and shall be tied to a known point by dimensions.
(Ordinance 98-08, sec. 5.9, adopted 4/21/98; Ordinance 2001-21, sec. 5.9, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.09)
Natural tree and ground cover shall be preserved whenever possible. Other landscape features shall be carefully protected from abuse, marring, or damage during construction.
(Ordinance 98-08, sec. 5.10, adopted 4/21/98; Ordinance 2001-21, sec. 5.10, adopted 9/17/01; 2006 Code, ch. 12, sec. 5.10)