(a)
Additional regulations.
In addition to the requirements
established by this article, all development within the city limits
shall be designed so as to comply with the intent and provisions of
the zoning ordinance, building and housing codes, master plan, regulations
of the state department of transportation and the department of state
health services, and any other applicable law or regulation adopted
by a unit of federal, state or local government; and all development
within the extraterritorial jurisdiction of the city shall comply
with this article and all other applicable laws and regulations adopted
by a unit of federal, state or local government.
(b)
Standards in general.
The minimum design standards as
contained herein shall provide the basic criteria for evaluating proposed
concept plans, preliminary plats, construction plans, final plats,
amended plats, short form final plats, and other development or improvements
subject to this article. The city may, however, establish reasonable
design requirements in excess of these established minimum standards,
or grant variances from those established minimum standards, where
by reason of exceptional topographic, cultural, historic, archaeological,
hydrologic, or other physical conditions of the property to be developed
or of an adjacent tract, the strict adherence to these standards will
result in an inappropriate subdivision design or cause unnecessary
hardship.
(c)
Coordinated design.
The quality of life and the community
in the Highland Haven urban area is dependent on the quality of design
of the individual developments in which people live and work. Good
community design requires the coordination of the efforts of each
developer of land within the urban area. It is intended that the urban
area shall be designed as a group of integrated residential neighborhoods
and appropriate commercial, industrial and public facilities. Therefore,
the design of each development shall be prepared in accordance with
the applicable principles established by the master plan for land
use, circulation, community facilities and public utility services
and in accordance with the following general principles:
(1)
The neighborhood, as a planning unit, is intended as an area principally
for residential use, and of a size that can be served by one (1) elementary
school. Space for recreational, educational and shopping facilities
to serve the residents of the neighborhood should be provided and
designed as an integral part of each neighborhood. The size of lots
and blocks should be designed to provide for adequate water and wastewater
service, traffic circulation, light, air, open space, landscaping
and off-street parking. The arrangement of lots and blocks and the
street system should be designed to make the most advantageous use
of topography and natural physical features. Tree masses and large
individual trees should be preserved to the greatest extent possible.
The system of sidewalks and roadways and the lot layout should be
designed to take advantage of the visual qualities of the area.
(2)
The components of the street system should in different degrees serve
the separate purposes of access to property and safe, efficient movement
of traffic. Land use types should be served by roadways whose capacity
increases in proportion to the traffic generation of the land use.
Design and location of points of access to property should be appropriate
to the volume and speed characteristics of traffic utilizing the intersection.
(3)
An open space system throughout the urban area should provide a range
of active and passive recreation opportunities. Park, open space and
recreation facilities should be located with sensitivity to user population,
natural features, traffic generation, and nearby land use.
(4)
Land use arrangement and design should minimize the difference in
intensity between adjacent uses in order to provide for the provision
of water, wastewater and roadways sufficient to serve the proposed
densities and provide for compatible neighboring developments. Step-down
patterns of use surrounding major activity centers, combined with
buffering techniques, should ensure that residential densities are
compatible with each other, and that residential development is not
adversely impacted by higher intensity uses.
(5)
Public utilities and infrastructure should be provided within all
subdivisions in order to ensure the health, safety and well-being
of the public. Utility capacity should be sufficient to meet accepted
standards of service to reasonably anticipated development. Where
excess capacity in utility lines or facilities within a subdivision
will further the efficient and desirable extension of utilities to
adjacent property, equitable provision of such capacity is essential
to the orderly growth of the urban area.
(6)
Construction of water, wastewater, drainage, gas, electric, telephone
and cable television utilities that require utility cuts of a public
street shall be repaired pursuant to applicable city ordinances.
(Ordinance 040, sec. 40, adopted 4/1/2002)
(a)
Purpose.
The drainage improvement provisions contained
herein are deemed necessary for the following reasons:
(1)
Waterways and their associated watersheds within the city's territorial
jurisdiction represent significant and irreplaceable recreational
and aesthetic resources and contribute directly to the city's public
health.
(2)
The continued economic growth of the city is dependent on an adequate
quality and quantity of stormwater runoff, a pleasing natural environment,
recreational opportunities in close proximity to the city as well
as the protection of people and property from the hazards of flooding.
(3)
All watersheds within the city's jurisdiction, and especially those
with abrupt topography, sparse vegetation, and thin and easily disturbed
soil, are vulnerable to flooding due to unregulated development activities.
(4)
All watersheds within the city's jurisdiction are undergoing development
or are facing development pressure.
(5)
If watersheds within the city's jurisdiction are not developed in
a sensitive and innovative manner, their water resources, natural
environment, and recreational characteristics may be irreparably damaged.
(6)
The city should regulate all drainage within the city's jurisdiction
for the public benefit and safety, including both the existing and
future generations of citizens of the city, as well as for downstream
users of the each waterway within the city's territorial jurisdiction.
(b)
Policy.
(1)
All drainage improvements within the city's jurisdiction shall be
designed in accordance with good engineering practices sufficient
to prevent flooding outside of designated flood and drainageways,
the flooding of property developed for buildings and structures, and
to prevent an increase of the volume or speed of water downstream.
(2)
The commission shall not recommend approval or approve any plat or
plan which does not meet the minimum requirements of this article
in making adequate provisions for control of the quantity of stormwater
runoff to protect the public health, safety and property, and benefit
the present and future owners of property within the development,
other lands within the city and neighboring areas.
(3)
It shall be the responsibility of the developer to design and construct
a system for the collection and transport of all stormwater runoff
flowing into, and generated within the development, in accordance
with:
(4)
In general, drainage improvements shall be designed and constructed
in a manner which promotes the development of a network of both natural
and built drainageways throughout the community and so as to:
(A)
Retain natural floodplains in a condition that minimizes interference
with floodwater conveyance, floodwater storage, aquatic and terrestrial
ecosystems, and ground and surface water.
(B)
Reduce exposure of people and property to the flood hazards and the
nuisances associated with inadequate control of stormwater runoff.
(C)
Systematically reduce the existing level of flood damages.
(D)
Ensure that corrective works are consistent with the overall goals
of the city.
(E)
Minimize erosion and sedimentation problems and enhance water quality.
(F)
Protect environmental quality, social well-being and economic stability.
(G)
Plan for both the large flooding events and the smaller, more frequent
flooding events by providing both major and minor drainage systems.
(H)
Minimize future operational and maintenance expenses.
(I)
Reduce exposure of public investment in utilities, streets and other
public facilities (infrastructure).
(J)
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the public.
(K)
Acquire and maintain a combination of recreational and open space
systems utilizing floodplain lands.
(Ordinance 040, sec. 41, adopted 4/1/2002)
(a)
Purpose.
The planning for a thoroughfare system is essential
for the continued efficient movement of people and goods, and the
master plan shall serve as a guide for the location and scale of future
collector and arterial streets. The precise alignment of thoroughfares
included in the plan may be varied to allow adjustments that increase
the compatibility of the right-of-way with natural or man-made features
such as steep slopes, waterways, wildlife habitats, neighborhoods,
historic structures or existing roadways.
(b)
Policy.
(1)
All transportation improvements including streets, driveways, sidewalks,
bikeways, traffic control, and parking areas within the city's jurisdiction
shall be designed in accordance with the this article.
(2)
Street layout.
Adequate streets shall be provided by
the subdivider and the arrangement, character, extent, width, grade,
and location of each shall conform to the comprehensive plan of the
city and professional urban planning and shall be considered in their
relation to existing and planned streets, to topographical conditions,
to 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)
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.
(4)
Projection of streets.
Where adjoining areas are not
subdivided the arrangements of streets in the subdivision shall make
provision for the proper projection of streets into such unsubdivided
areas.
(5)
Street jogs.
Whenever possible, street jogs with centerline
offsets of less than 125 feet shall be avoided.
(6)
Street intersection.
Street intersections shall be as
nearly at right angles as practicable, giving due regard to terrain
and topography.
(7)
Dead-end streets.
Dead-end streets shall be prohibited
except as short stubs to permit future expansion.
(8)
Cul-de-sacs.
In general, cul-de-sacs shall not exceed
600 feet in length, and shall have a turnaround of not less than 100
feet in diameter in residential areas, and not less than 100 feet
in diameter in commercial and industrial areas.
(9)
Marginal access streets.
Where a subdivision has frontage
on an arterial street, there shall be provided a marginal access street
on both sides or on the subdivision side of the arterial street, if
the arterial street borders the subdivision, unless the adjacent lots
back up to the arterial street, or unless the commission determines
that such marginal access streets are not desirable under the facts
of a particular case for adequate protection of the lots and separation
of through and local traffic.
(10)
Streets on comprehensive plan.
Where a subdivision embraces
a street as shown on a comprehensive plan of the city, such street
shall be platted in the location and of the width indicated by the
comprehensive plan.
(11)
Minor streets.
Minor streets shall be laid out so as
to discourage their use by through traffic.
(12)
Pavement widths and rights-of-way.
Pavement widths,
which shall be curb back to curb back, and rights-of-way shall be
as follows:
(A)
Arterial streets shall have a right-of-way width of at least 80 feet,
with a pavement width of at least 60 feet.
(B)
Collector streets shall have a right-of-way of at least 70 feet and
a pavement width of at least 44 feet.
(C)
Intermediate streets shall have a right-of-way of at least 60 feet
and a pavement width of at least 36 feet.
(D)
Minor streets shall have a right-of-way of at least 50 feet with
a pavement width of at least 31 feet.
(E)
Nonresidential marginal access streets shall have a right-of-way
width of at least 60 feet and a pavement width of at least 36 feet.
(F)
Residential marginal access streets shall have a right-of-way width
of at least 50 feet and a pavement width of at least 31 feet.
(13)
Pavement and rights-of-way width for adjacent streets.
(A)
The subdivider shall dedicate a right-of-way of 80 feet in width
for new adjacent arterial streets, and 36 feet of such right-of-way
shall be paved.
(B)
New adjacent collector, minor or marginal access streets shall conform to subsection (b)(12) of this section.
(C)
Where the proposed subdivision abuts upon an existing street or half-street that does not conform to subsection (b)(12) of this section, the subdivider shall dedicate right-of-way sufficient to make the full right-of-way width conform to subsection (b)(12), and there shall be paved so much of such right-of-way as to make the full pavement width comply with subsection (b)(12). Before any pavement is laid to widen existing pavement, the existing pavement shall be cut back 2 feet to assure an adequate sub-base and pavement joint.
(14)
Curbs.
Curbs shall be installed by the subdivider on
both sides of all interior streets, and on the subdivision side of
all streets forming part of the boundary of the subdivision.
(c)
Street lighting.
Street lighting shall be installed
by the developer for all new streets within the jurisdiction of the
city, and shall be designed and constructed in accordance with city
standard details and specifications.
(d)
Street signage.
Street signs shall be installed by the
developer at all intersections within and immediately adjacent to
a proposed development, and shall be designed and constructed in accordance
with city standard details and specifications.
(e)
Sidewalks.
Sidewalks shall be installed by the developer
on both sides of all streets within and immediately adjacent to a
proposed development, and shall be designed and constructed in accordance
with city standard details and specifications.
(Ordinance 040, sec. 42, adopted 4/1/2002)
(a)
Policy.
Developers shall be responsible for providing
an approved public water supply system consistent with the master
plan, this article and the rules and regulations of the entity providing
or to provide water to the development from the Highland Haven Water
Supply Corporation.
(1)
Where an approved public water supply or distribution main is within
reasonable distance of the subdivision as determined by the commission,
but in no case less than one-half (1/2) mile away and connection to
the system is both possible and permissible, the developer shall be
required to connect to the system and to bear the cost of connecting
the development to such existing water supply. In some instances,
the city may request that the main water connection be oversized or
rerouted to suit future water system improvements in that area.
(2)
The developer shall, consistent with all existing ordinances, make
a pro-rata contribution to funding of needed storage facilities, treatment
facilities, and specific distribution lines as determined necessary
by the city. Under extraordinary circumstances, these provisions may
be varied with the approval of the board of aldermen and commission.
(b)
Design.
(1)
The design and construction of a public water system shall:
(A)
Comply with regulations covering extension of public water systems
adopted by the state commission on environmental quality;
(B)
Be of sufficient size to furnish adequate domestic water supply and
fire protection services to all lots, and to conform with the requirements
of the city water system;
(C)
Be located where maintenance can be accomplished with the least interference
with traffic, structures and other utilities;
(D)
Be designed in an effort to eliminate the need for booster pumps
or other similar devices;
(E)
Not propose water mains less than eight (8) inches in diameter, with
consideration for four (4) and six (6) inch pipe in cul-de-sacs and
looped streets;
(F)
Be acceptable, without penalty, to the state fire insurance commission.
To that end, the following fire flows shall be required, subject to
the resources of the city water system:
(G)
Include fire hydrants:
(i)
At a minimum spacing of 600 feet for residential developments;
(ii)
Within 300 feet of all sides of a nonresidential development;
(iii)
At the end of all cul-de-sac streets, or similar dead-end water
distribution lines; and
(iv)
For fire flows calculated with twenty (20) pound residual pressure;
(H)
Include valves on each fire hydrant lead, at each intersection of
two (2) or more mains, and valve spacing so that no more than 30 customers
will be without water during a shutoff;
(I)
Be designed and constructed in accordance with city standard details
and specifications; and
(J)
Be designed and constructed to comply with all applicable rules,
regulations and policies of the entity that will provide water service
to the development.
(2)
The design of private water systems, if authorized, shall include
backflow prevention assemblies for domestic and fire protection systems
that are directly or indirectly connected to the city's potable water
distribution system.
(Ordinance 040, sec. 43, adopted 4/1/2002; Ordinance adopting Code)
(a)
Policy.
Developers shall be responsible for providing
an approved wastewater system, consistent with the master plan, this
article and the rules and regulations of the entity providing or to
provide wastewater service to the development, throughout the development,
such that all lots, parcels, or tracts of land will be capable of
connecting to the wastewater system except as otherwise provided herein.
(1)
Where an approved public wastewater collection main is within reasonable
distance of the subdivision as determined by the commission, but in
no case less than one-half (1/2) mile away and connection to the system
is both possible and permissible, the developer shall be required
to connect to the system and to bear the cost of connecting his development
to such existing wastewater system. In some instances, the city may
request that the main wastewater connection be oversized or rerouted
to suit future wastewater system improvements in that area.
(2)
The developer shall, consistent with all existing ordinances, make
a pro-rata contribution to funding of needed lift station facilities,
treatment facilities, and specific collection lines as determined
necessary by the city. Under extraordinary circumstances, these provisions
may be varied with the approval of the board of aldermen and commission.
(b)
Design.
The design and construction of wastewater collection
systems, lift stations, inverted siphons and septic systems shall
comply with regulations covering extension of public wastewater systems,
and other applicable regulations, adopted by the state commission
on environmental quality and the department of state health services.
Under extraordinary circumstances, these provisions may be varied
with the approval of the board of aldermen and commission.
(1)
All new public wastewater systems shall be designed and constructed
to operate on a gravity flow basis by taking advantage of natural
topographic conditions and thereby reducing the need for lift stations
and force mains.
(2)
Flow determinations should include generally accepted criteria for
average daily flow, inflow and infiltration, peaking factors, minimum
slopes and minimum flow velocities.
(3)
The minimum size of any public wastewater line will be six (6) inches
in diameter.
(4)
Public wastewater lines shall be located where maintenance can be
accomplished with the least interference with traffic, structures
and other utilities. Minimum separation distance from water utilities
shall be in accordance with the rules adopted by the state commission
on environmental quality.
(5)
Manholes shall be located so as to facilitate inspection and maintenance,
including intersections, horizontal alignment changes, vertical grade
changes, change in pipe size or material, and force main discharge
points.
(6)
All wastewater appurtenances shall be designed and constructed in
accordance with city standard details and specifications.
(7)
All wastewater systems shall be designed and constructed to comply
with all applicable rules, regulations and policies of the entity
that will provide wastewater service to the development.
(Ordinance 040, sec. 44, adopted 4/1/2002; Ordinance adopting Code)
(a)
Except
as provided otherwise in this article, the terms and provisions of
the zoning ordinance establishing the minimum lot area, width, setback
line, side yard and rear yard requirements for each zoning or use
category are incorporated herein by reference. Such regulations and
standards shall be applied to property within the city limits based
upon the zoning of the property and to property within the extraterritorial
jurisdiction based on agreement of, and the land use proposed by,
the developer.
(b)
Blocks.
(1)
The length, width, and shape of blocks shall meet the following standards:
(A)
Provide adequate building sites (lots) suitable to the special needs
of the type of use designated on the plat;
(B)
Accommodate lots of the size and dimensions required by this section;
(C)
Provide for convenient access, circulation, control, and safety of
street traffic;
(D)
Minimize reductions in the capacity of adjacent streets in so far
as possible by reducing the number of turning movement conflicts;
(E)
Provide an appropriate response to the limitations and opportunities
of topography; and
(F)
Increase the ability of building sites (lots) to receive or to be
protected from solar gain as the season requires in order to improve
utility efficiency and increase the livability of each lot.
(2)
Residential blocks shall not exceed one thousand three hundred (1,300)
feet nor be less than five hundred (500) feet in length, except as
otherwise provided for herein.
(3)
Blocks along arterial streets shall not be less than one thousand
six hundred (1,600) feet.
(4)
The width of blocks shall be sufficient to accommodate two (2) tiers
of lots with minimum depth as required by this section, exceptions
to this width shall be permitted in blocks adjacent to major streets,
railroads, waterways, or other topographical features prohibiting
a second lot tier.
(5)
The commission may, at the preliminary plat phase, require the dedication
of an easement or right-of-way not less than ten (10) feet wide bisecting
the center of any block in excess of eight hundred (800) feet in length
to accommodate utilities, drainage facilities, and/or pedestrian access
to greenbelts or park areas.
(6)
Blocks shall be identified on each plat by consecutive adjacent numbers
within each subdivision and portion thereof. Blocks forming a continuation
of a previous subdivision block shall continue the block number.
(c)
Lots.
All land area within the boundaries of the subdivision
or resubdivision except that area specifically dedicated as public
right-of-way for any purpose shall be designated as a lot.
(1)
The required lot area, width, building setback line, front, side,
street side and rear yard requirements for each lot as established
in the zoning ordinance are incorporated herein by reference.
(2)
The minimum lot size for all lots shall be 22,000 square feet.
(3)
Each lot shown on a plat shall be clearly designated by a number
located within the boundaries of the lot. The boundaries of each lot
shall be shown by bearing and distance in relation to the monuments
found or established on the ground in conformance with this article.
(4)
For developments within the corporate limits of the city, the proposed
use for each lot shall be indicated on the plat, and in accordance
with the city's zoning ordinance, as currently amended.
(5)
For developments outside the corporate limits of the city, but within
the city's extraterritorial jurisdiction, the proposed use for each
lot shall be indicated on the plat, and consistent with similar uses
as defined in city's zoning ordinance, as currently amended.
(6)
All lots shall be rectangular, except when the street alignment is
curved, in order to conform with other provisions of this article.
(7)
No lot shall have a corner intersection of less than forty-five (45)
degrees.
(8)
The ratio of average depth to average width shall not exceed two
and one-half to one (2.5:1) nor be less than one and one-half to one
(1.5:1) unless the lot is at least one and one-half (1.5) times the
required lot size, unless both the depth and width of the lot exceed
the minimums required in this article, and the city finds that the
proposed lot dimensions are consistent with surrounding development
and the master plan.
(9)
All lots shall face and have contiguous frontage on a usable, dedicated
public road right-of-way except lots within a PUD which may have similar
frontage on a private street under common ownership. The extent of
this frontage (front line) shall conform to the minimum lot width
requirements set forth in the city's zoning ordinance.
(10)
Except as otherwise approved through the granting of a variance,
all lots shall face a similar lot across the street.
(11)
Lot lines common to the street right-of-way line shall be the front
line. Side lot lines shall project away from the front line at approximately
at right angles to street lines and radial to curved street lines.
The rear line shall be opposite and approximately parallel to the
front line.
(A)
The length and bearing of all lot lines shall be indicated on the
plat; and
(B)
Wherever feasible, lots arranged such that the rear line of a lot
or lots is also the side line of an adjacent lot shall be avoided.
When this occurs, ten (10) feet shall be added to the minimum lot
width and the side building line adjacent to the rear yard of another
lot.
(12)
Lot area, width, and depth shall conform to the requirements as established
in the zoning ordinance. For developments outside the corporate limits
of the city, but within the city's extraterritorial jurisdiction,
lot size shall be consistent with similar uses as defined in the zoning
ordinance.
(13)
Double frontage lots.
(A)
Residential lots shall not take access on two (2) non-intersecting
local and/or collector streets; and
(B)
Residential lots adjacent to an arterial street shall also have frontage
on a local street. Vehicular access to these lots shall be from the
local street only. Nonresidential lots with double frontage shall
have offset access points to inhibit cut-through traffic.
(14)
Reverse frontage lots.
Residential lots with rear yards
facing highways, access roads, and major or minor arterial streets
should be at least 130 feet in depth so as to provide adequate rear
yard area for screening and buffering of the rear of the structure,
as required by this article.
(15)
Corner lots.
(A)
Lots having frontage on two (2) or more intersecting streets shall
be classified as corner lots;
(B)
Corner lots adjacent to streets of equal classification shall have
only one (1) access driveway on either of the intersecting streets,
except as otherwise approved by the commission;
(C)
Corner lots adjacent to streets of unequal classification shall access
the lower classification street only and only one (1) drive approach
shall be allowed, except as otherwise approved by the commission;
(D)
Corner lots shall contain at least one (1) street side building setback
line; and
(E)
Corner residential lots shall be ten (10) feet wider than the average
interior lot on the same block.
(16)
Building setback lines.
(A)
Each lot shall have a building setback line, which runs parallel
to the property line.
(B)
The front and rear building setback lines shall run between the side
lot lines.
(C)
The side building setback lines, and street side building setback
lines for corner lots, shall extend from the front building setback
line to the rear building setback line.
(D)
The building setback line for each designated lot shall conform to
the city's zoning ordinance, as currently amended. For developments
outside the corporate limits of the city, but within the city's extraterritorial
jurisdiction, building setback lines shall be consistent with similar
uses as defined in the zoning ordinance.
(E)
All building setback lines shall be indicated on the subdivision
plat. For nonresidential developments, a note stating that "all building
setback lines shall be in accordance with the City's current Zoning
Ordinance" shall be placed on the subdivision plat.
(17)
Yard areas.
The area between the property line and the
front, side or rear building setback line shall be the required front,
side and rear yard areas, respectively.
(A)
No structure or impervious construction shall be allowed in the front
yard area except for fences, driveways, sidewalks, utility distribution
lines and appurtenances within dedicated easements and rights-of-way,
and/or drainage structures; and
(B)
No structures or impervious construction shall be allowed in required
side or rear building setback areas except for the following accessory
structures on one (1), two (2) or three (3) family residential lots:
(i)
Swimming pools located at least three (3) feet from the property
line and screened by a six (6) foot tall privacy fence;
(ii)
Playscapes not taller than nine (9) feet above mean grade, located
at least three (3) feet from the property line and screened by a six
(6) foot tall privacy fence;
(iii)
Satellite dishes or telecommunications devices not taller than
nine (9) feet above mean grade, located at least three (3) feet from
the property line and screened by a six (6) foot tall privacy fence;
and/or
(iv)
Driveways to side entry garages.
(18)
Lot access.
(A)
A minimum of one (1) all-weather access area (either individually,
or common to more than one lot) or driveway shall be provided for
lot connecting the lot to an existing or proposed dedicated public
street. An exception may be made for lots within a planned unit development
which may have similar access to a private street. Each lot shall
front upon a public street or, in the case of a planned unit development,
have access by way of access easement sufficient to meet the requirements
of the Standard Fire Prevention Code.
(B)
All driveway approaches shall be constructed to conform with the
provisions of this article, and the city standard details and specifications.
(19)
Lot numbering.
(A)
All lots are to be numbered consecutively within each block. Lot
numbering may be cumulative throughout the subdivision if the numbering
continues from block to block in a uniform manner that has been approved
on an overall preliminary plat.
(B)
Any lot(s) being resubdivided shall be renumbered utilizing the original
lot number, followed by a letter designation starting with A.
(20)
Lot easements.
Public utility easements on side and
rear lot lines shall be required as needed to accommodate public utility
and drainage appurtenances, and as specified in this article.
(21)
Lot drainage.
Lot drainage shall be in conformance with
the requirements of this article.
(Ordinance 040, sec. 45, adopted 4/1/2002)
(a)
All
existing and proposed easements, safety lanes, and rights-of-way shall
be clearly indicated on the plat or plan, as well as an indication
to the use of each easement or right-of-way.
(b)
No
permanent structure may be placed in or over any easement or right-of-way
except a structure whose use and location are necessary to the designated
use of the right-of-way or easement or which otherwise will not affect
the use, maintenance or repair of such easement.
(c)
The
width and alignment of all easements or rights-of-way to be dedicated
shall be determined by the city engineer, any applicable utility provider
and the commission, and approved by the commission, and shall be accompanied
by a notarized statement of dedication on the plat.
(d)
Easements
shall be established and dedicated for all public utility and drainage
appurtenances, including common access areas, and other public uses
requiring dedication of property rights.
(e)
In
so far as practicable, easements shall not be centered on a property
line, but shall be located entirely on one (1) side of a lot.
(Ordinance 040, sec. 46, adopted 4/1/2002)
(a)
Purpose.
For the purpose of providing for the orderly,
safe, attractive and healthful development of land located within
the community and promoting the health, safety and general welfare
of the community, it is deemed necessary to require the installation
and maintenance of landscaping elements and other means of site improvements
in developed properties.
(b)
Requirements.
A minimum percentage of the total lot
area of property on which development occurs after the effective date
of this article, shall be devoted to landscape development in accordance
with the following schedule.
(c)
Areas landscaped.
The landscaping shall be placed upon
that portion of a tract or lot that is being developed. Fifty percent
(50%) of the required landscaped area and plantings shall be installed
between the front property lines and the building being constructed.
Undeveloped portions of a tract or lot shall not be considered landscaped,
except as specifically approved by the commission. Landscaping placed
within public rights-of-way shall not fulfill the minimum landscape
requirements by this section.
(d)
Screening requirements.
(1)
In addition to the landscaping requirements of this section, the
screening of off-street parking, loading spaces and docks, refuse
and outside storage areas, satellite dishes larger than 18 inches
in diameter, antennas, mechanical equipment, and the rear of structures
on reverse frontage lots must be screened from view from the street
or public rights-of-way.
(2)
Approved screening techniques include privacy fences, evergreen vegetative
screens, landscape berms, existing vegetation or any combination thereof.
(3)
Privacy fences.
(A)
All fences along a common property boundary shall be less than or
equal to six (6) feet in height.
(B)
Fences less than or equal to eight (8) feet in height shall be allowed
for impeding access to hazardous facilities including, but not limited
to, electrical substations, swimming pools and chemical or equipment
storage yards; where the slope of a line drawn perpendicular to the
fence line averages twenty percent (20%) or more on either side of
the fence over a distance no less than fifteen (15) feet; or where
the fence forms a continuous perimeter around a subdivision and the
design of said perimeter fence is approved by the commission.
(C)
Fences less than or equal to three (3) feet in height shall be allowed
in front yards for lots one (1) acre in size, or less, or as otherwise
approved by the commission.
(D)
No fence or other structure more than thirty percent (30%) solid
or more than three (3) feet high shall be located within twenty-five
(25) feet of the intersection of any rights-of-way.
(E)
All fences shall be constructed to maintain structural integrity
against natural forces such as wind, rain and temperature variations.
(F)
The finished side of all fences built to comply with these regulations
shall face away from the screened object.
(4)
Evergreen vegetative screens. Evergreen plant materials shall be
shrubs, at least thirty (30) inches in height and at a minimum spacing
of 48 inches at the time of installation, in combination with landscape
trees fulfilling the requirements of this section.
(5)
Landscape berms, in combination with trees, shall fulfill the screening
requirements of this section if the berms are at least three (3) feet
in height and have maximum side slopes of four (4) feet of horizontal
run for every one (1) foot in vertical rise.
(6)
Existing vegetation, demonstrating significant visual screening capabilities
and as approved by the commission, shall fulfill the requirements
of this section.
(Ordinance 040, sec. 47, adopted 4/1/2002)
(a)
Dedication of public park land required.
It shall be
required that a developer of any residential subdivision within the
city's territorial jurisdiction set aside and dedicate to the public
sufficient and suitable lands for the purpose of public park land
or make an in-lieu financial contribution for the acquisition of such
park land and/or improvements and amenities in accordance with the
provisions of this article.
(1)
All plats receiving final plat approval based on this article shall
conform to the requirements of this section.
(2)
The board of aldermen and developer may negotiate the combination
of public parkland dedication and/or payment of fees-in-lieu of required
parkland to satisfy the provisions of this article.
(A)
In the event the subdivider offers to dedicate land for a public
park classification that is defined in the master plan, that meets
the design standards of this article, and that is three (3) or more
acres in size, the city shall be obligated to accept the park land
dedication; provided that the board of aldermen may waive such requirement,
or may designate a different tract or parcel to be dedicated.
(B)
Where a subdivider proposes to pay an in-lieu-fee as provided for
in this section, the board of aldermen may accept such payment as
satisfying the park land dedication requirements of this article,
except that the city reserves the right to require the dedication
of land for public park purposes in accordance with this section when
one (1) or more acres of land would be required to satisfy the park
land dedication requirements of this article.
(b)
Formula for calculating area of parkland.
The acreage
of park land to be contributed prior to final approval by the board
of aldermen of any residential subdivision shall be equal to one (1)
acre for each one hundred (100) new dwelling units projected to occupy
the fully developed subdivision, or 5% of the total project area,
whichever is greater.
(c)
Fee payment in-lieu of parkland dedication.
When the
amount of land required to be contributed is less than three (3) acres,
the board of aldermen may require the developer to pay a fee-in-lieu
of parkland dedication.
(1)
Where the payment of a fee-in-lieu of park land dedication is required
or acceptable to the board of aldermen as provided for in this article,
such fee shall be in an amount equal to two hundred fifty dollars
($250.00) per new dwelling unit projected to occupy the fully developed
subdivision.
(2)
The developer shall tender and pay over to the city said fee prior
to recordation of the final plat.
(d)
Subdivision changes.
In the event a developer obtains
commission approval to deviate from the approved preliminary plat
thereby increasing the number of dwelling units projected, or where
the use of property is changed from a nonresidential use to a residential
use, the owner or developer shall be obligated to provide additional
land or fee provide the park land or amenities required for the additional
dwellings prior to the city approving the final plat for recordation.
(e)
Final platting of a portion of an approved preliminary plat.
Whenever a developer applies for approval of a final plat which
contains only a portion of the land encompassed in the approved preliminary
plat, the developer's park land contribution shall be based on the
ultimate number of dwelling units shown on the approved preliminary
plat, and shall be satisfied prior to city approval of the first final
plat.
(f)
Design standards for parkland.
Any land to be dedicated
as park land shall be reasonably located near the geographic center
of the development, adaptable for use as a public park and recreation
facility as defined by the master plan, and designed and located so
as to satisfy the following general requirements:
(1)
The dedicated land should form a single parcel or tract of land at
least three (3) acres in size unless it is determined that a smaller
tract would be in the public interest, or that additional contiguous
land will be reasonably available for dedication to or purchase by
the city.
(2)
Public access to public parkland delineated on a preliminary plat
shall be ensured by provision of at least fifty (50) feet of street
frontage, in a manner satisfactory to the city. Likewise, adequate
space for public parking should also be considered.
(3)
At the time the land abutting the delineated areas is developed,
the developer of such abutting land shall construct streets along
all abutting street frontage, and shall provide water and wastewater
utilities to the boundary of one (1) side of the delineated area to
meet minimum requirements of this article.
(4)
The land to be dedicated to meet the requirements of this article
should be suitable for public parks and recreation activities. In
that regard, fifty percent (50%) of the dedicated land area should
not exceed five percent (5%) grade. The master plan for the city shall
be considered when evaluating land proposals for dedication.
(5)
Any disturbed parkland shall be restored and the soil stabilized
by vegetative cover by the developer.
(6)
Areas within the regulatory one hundred (100) year floodplain may
be utilized to partially meet the parkland dedication requirements.
Areas in the one hundred (100) year floodplain may constitute up to
fifty percent (50%) of the requirement of land dedication; provided
that credit may not be obtained for such land that is also dedicated
for another public purpose.
(7)
The location of parkland may be required at the edge of a subdivision
so that additional land may be added at such time as adjacent land
is subdivided or acquired for public use. Otherwise a centralized
location is preferred.
(8)
City staff shall make recommendations based upon the park land design
standards and the provisions contained herein, concerning the amount
and location of park land, credit for private park land and/or facilities,
credit for land in the one hundred (100) year floodplain, and fees-in-lieu
of park land dedication.
(9)
All park areas and playground equipment shall be in accordance with
the U.S. Consumer Products Safety Commission, Publication 325, as
currently amended.
(g)
Neighborhood park land credit.
Where park areas and
recreational facilities are to be provided in a proposed subdivision,
and where such areas and facilities are to be privately owned and
maintained by the future residents of the subdivision, these areas
and facilities shall satisfy the requirements of park land dedication
if the following standards are met:
(1)
That the private ownership and maintenance of such areas and facilities
are adequately provided for by recorded written agreement, conveyance,
or restrictions.
(2)
That the use of such areas and facilities are restricted for park
and recreational purposes by a recorded covenant, which runs with
the land in favor of the future owners of property and which cannot
be defeated or eliminated without the consent of the board of aldermen.
(3)
That such areas and facilities are reasonably similar to what would
be required to meet public park and recreational needs, taking into
consideration such factors as size, shape, topography, geology, access,
and location.
(4)
That such areas and facilities for which credit is given shall include
improvements for the basic needs of a local park. These improvements
shall include one (1) or more of the following: children's play areas,
picnic areas, game court areas, turf play fields, swimming pools,
recreational buildings, trails (sidewalks, walkways or bike trails),
and landscaped sitting areas.
(h)
Park fund established.
A separate fund to be entitled
"park fund" shall be and is hereby created and the money paid by developers
at final plat approval in-lieu of the dedication of land and interest
thereon, shall be held in said fund in trust to be used solely and
exclusively for the purpose of purchasing and/or equipping public
park and recreational land. Such fund shall be invested or held in
an interest-bearing account and all earnings and interest shall accrue
to the park fund.
(1)
At such time as the board of aldermen, based upon the recommendations
of the commission and/or city staff determines that there are sufficient
funds derived from a certain area in the park fund to purchase usable
park land, the board of aldermen shall cause negotiations to be undertaken
to purchase the site by mutual agreement or by condemnation proceedings.
In making such determination for the purchase of said site, the conditions
of this article shall be taken into consideration.
(2)
The principal and interest deposited and kept in the park fund shall
be used solely for the purpose of purchasing and/or equipping or improving
land for public park and recreation uses, and shall never be used
for maintaining or operating public park facilities, or for any other
purpose.
(i)
Method of dedication.
Land accepted for dedication under
the requirements of this article shall be conveyed by either of the
following methods:
(Ordinance 040, sec. 48, adopted 4/1/2002; Ordinance adopting Code)
