A.
No subdivision or portion thereof shall be sold, offered
for sale, leased or rented by any person, and no permanent building
shall be erected thereon, until the provisions of the state and the
City relating to subdivisions have been met and a plan or plot of
such subdivision and related data have been filed with and approved
by the Board of Health or its authorized representatives. The plan
and data shall show methods for obtaining and furnishing adequate
and approved water supply and sewerage facilities to the subdivision,
provision for proper surface water drainage for each lot on which
a residence, community building or similar structure is proposed,
probable nature of the terrain after proposed grading, filling and
other similar alterations from its original state are completed, garbage
and rubbish disposal services and facilities and other pertinent matters
including the results of any soil and percolation tests performed.
The installation of facilities required under the terms of this article
shall be in accordance with such plan as approved by the Health Officer
or any approved revision thereof. Upon receipt of the plan and data
required herein, the Health Officer shall issue a receipt of filing
compliance and within 30 days of issuance of the receipt of filing
compliance shall approve or disapprove the subdivision plot or plan.
In the event of disapproval, notice of disapproval shall be in writing,
listing all reasons for disapproval.
B.
Where all or a portion of a subdivision is not served
by either a public water supply or a public sewer, the lots shall
conform to the regulations of the DES [Env-Ws 1005 (Subdivisions)].
A.
Utilities such as electrical, cable TV, telephone,
and sewer shall be provided underground within the public right-of-way
if spacing is available or a utility easement adjacent to the street
right-of-way.
B.
Utilities shall generally be located within the street
right-of-way on both sides of and parallel to the street. However,
in order to allow flexibility based on terrain, and to achieve a maximum
street tree canopy, utilities may be placed in a separate utility
easement outside the right-of-way and parallel to the street.
C.
All electric, telephone, cable television, and other
communication lines, both main and service connections, servicing
new developments shall be provided by underground wiring within easements
or dedicated public rights-of-way, installed in accordance with the
Board of Public Works specifications. The placement of public utilities
within service lanes or alleys is encouraged as a way of promoting
the installation of street trees and sidewalks in residential neighborhoods.
In reviewing subdivision plots and plans for the approval required under this Part 4, the Health Officer shall consider engineering data on soils, slopes, depth to bedrock, percolation rates, as well as the proximity and availability of existing municipal sewers.
No subdivision contemplating the installation
of individual sewage disposal systems will be approved by the Health
Officer unless the subdivision conforms to one of the following:
A.
The individual lots to be served by individual sewage
disposal systems shall all be at least 40,000 square feet in area
and shall be at least 500 feet from an existing gravity flow public
sewer or forced main pumping station capable of sewering said lots.
This 500 feet shall be measured along streets, alleys or easements
of the public sewer system. Approval shall be for a fixed limited
time as a temporary measure pending the installation by the applicant
of a community sewerage system. The individual sewage disposal systems
constructed under this approval shall be disconnected from the plumbing
systems of the premises and the plumbing systems of those premises
will be forthwith connected to the community sewerage system. When
the applicant desires to install a community sewerage system for a
subdivision, the proposal must have Board of Public Works and Health
Officer approval and be so engineered as to be compatible with and
acceptable to future connection with the municipal sewerage system.
The Board of Public Works approval for the community sewerage system
must be obtained prior to application for Health Officer approval
for temporary individual sewage disposal systems. The applicant shall
post sufficient bond or escrow account to assure the construction
of, and proper operating, continuity and duration of operations, and
maintenance of the community sewerage system for a period of at least
10 years, prior to approval of any individual sewage disposal systems
to be served thereby. The installation of the community sewerage system
shall be deemed payment in full of all betterment and connection charges
associated with the subdivision. All applicable entrance charges shall
be paid at such time as the subdivision's community sewerage system
is connected to the public sewer in accordance with the fee schedule
in effect at the time the connection is made.
B.
The individual lots to be served by individual sewage
disposal systems shall all be at least 40,000 square feet in area
and shall be at least 500 feet from an existing gravity flow public
sewer or forced main pumping station capable of sewering such lots.
The 500 feet shall be measured along streets, alleys or easements
of the public sewer system. Adequate and appropriate street mains
complete with house connection stubs to the lot alleys, and easements
or rights-of-way, in a manner acceptable to the City Engineer, shall
be obtained, designed, engineered and constructed as to be compatible
with and acceptable to future connections with the municipal sewerage
system, prior to approval of such individual sewage disposal systems.
The Health Officer's approval shall be contingent upon the applicant
either completing the installation of mains and house connections
to the lot lines to the satisfaction of the City Engineer who shall
submit a written statement to the Board of Health to that effect,
or posting a performance bond, certified check or deposit in escrow
in a sum sufficient in amount to assure completion of the mains and
house connection stubs. The installation of the mains and house connection
stubs shall be deemed payment in full of all betterment and connection
charges. All applicable entrance charges shall be paid at such time
as the street mains are connected to the public sewer in accordance
with the fee schedule in effect at the time connection is made.
C.
The individual lots to be served by individual sewage disposal systems shall all be at least 40,000 square feet in area and shall be at least 500 feet from an existing gravity flow public sewer or forced main pumping station capable of sewering said lots. The 500 feet shall be measured along streets, alleys or easements of the public sewer system. It shall be the opinion of the Health Officer that the present and/or potential pollution effects of the proposed individual disposal system will not create a danger to the public health. In addition, the City's basic engineering data necessary for the implementation of Subsection A or B of this section shall not currently be in existence, and such data shall not have been provided to the applicant by the City within six months of his filing a request in writing for the same with the City Engineer.
D.
The individual lots to be served by individual sewage disposal systems shall all be at least 40,000 square feet in area and shall be at least 100 feet from an existing gravity flow public sewer or forced main pumping station capable of sewering said lots. The 100 feet shall be measured along streets, alleys or easements of the public sewer system. The proposed individual sewage disposal system shall be incidental in nature and not part of a development plan of two or more lots; and it shall be the opinion of the Health Officer that the present and/or potential pollution effects of the proposed individual disposal system will not create a danger to the public health. Any parcel having been subdivided under the provisions of this paragraph shall not be further subdivided for a period of two years except as provided under Subsections A through C of this section.
E.
The individual lots shall all be at least 250,000
square feet in area.
If a proposed subdivision includes a shared
septic system, the applicant shall provide a maintenance plan addressing
the method and frequency of inspections, the method and frequency
of cleaning and disposal and the drainfield area boundaries. For purposes
of this section, a "shared septic system" means a single septic system
that accepts waste from more than one dwelling unit or business establishment.
Before Board of Health approval of any new subdivision
plot or plan can be received, a system or systems of refuse disposal
acceptable to the Health Officer must be indicated thereon. The system
may rely on municipal or private operation or both and must be in
operation prior to the occupancy of any house, residence, sales office
or community building in the subdivision.
Easements across lots or centered on rear or
inside lot lines shall be provided for utilities where necessary and
shall be at least 12 feet wide.
