Chapter 5:  Requirements for Improvements, Reservations and Design

11-5-1: GENERAL IMPROVEMENTS:

11-5-2: LOT IMPROVEMENTS:

11-5-3: STREETS:

11-5-4: OPEN SPACE:

11-5-5: DRAINAGE AND STORM SEWERS:

11-5-6: WATER FACILITIES:

11-5-7: SEWER FACILITIES:

11-5-8: SIDEWALKS, CURBS AND GUTTER:

11-5-9: UTILITIES:

11-5-10: PUBLIC USES:

11-5-11: PRESERVATION OF NATURAL FEATURES AND AMENITIES:

11-5-12: NONRESIDENTIAL SUBDIVISIONS:

11-5-1: GENERAL IMPROVEMENTS:

A. Conformance To Applicable Rules And Regulations: In addition to the requirements established in these regulations, all subdivision plats shall comply with the following laws, rules and regulations:

1. All applicable statutory provisions;

2. The city zoning ordinance, design standards and construction specifications, subdivision code, building and housing codes, and all other applicable laws of the appropriate jurisdictions;

3. The official general plan, official map, public utilities plan, and capital improvements program of the city, impact fees, including all streets, drainage systems and parks shown on the official zoning map or general plan as adopted;

4. The special requirements of these regulations and any rules of the health department and/or appropriate state or substate agencies;

5. The rules of the Utah department of transportation (UDOT) if the subdivision or any lot contained therein abuts a state highway or connecting street;

6. The standards and regulations adopted by the city engineer and all boards, commissions, agencies and officials of the city;

7. All pertinent standards contained within the planning guides published by the Bear River association of governments or Cache metropolitan planning organization;

8. 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 11-1-3 of this title;

9. All regulations and requirements of federal agencies.

B. Adequate Public Facilities:

1. Placement: To the maximum extent practical, all utilities shall be placed within existing road rights of way and front yard setbacks as set forth in this title and adopted design standards and construction specifications. All water, sewer, electrical, telephone, cable television and other utilities shall be placed underground, except that transformers, pedestals and other appurtenances which are normally located aboveground in connection with the underground installations are permitted. All areas disturbed in the open space shall be revegetated to a natural condition. Temporary or emergency utilities may be erected and maintained aboveground for no more than the period required to construct the facility.

2. Adequacy Determined: No preliminary plat shall be approved unless the planning commission determines that public facilities will be adequate to support and service the area of the proposed subdivision. The applicant shall, at the request of the planning commission, 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 streets, sewerage, water service, storm sewer and secondary water.

3. Guidelines: Periodically the city council will establish by resolution, after public hearing, guidelines for the determination of the adequacy of public facilities and services. To provide the basis for the guidelines, the planning commission may prepare an analysis of current growth and the amount of additional growth that can be accommodated by future public facilities and services. The planning commission may also recommend any changes in preliminary plat approval criteria it finds appropriate in the light of its experience in administering these regulations.

4. Impact: The applicant for a preliminary plat must, at the request of the planning commission, submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on and use of public facilities and services by possible uses of said subdivision.

5. General Plan Consistency Required: Proposed public improvements shall conform to and be properly related to the city general plan and all applicable capital improvement plans.

6. Water: All habitable buildings and buildable lots shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection.

7. Wastewater: All habitable buildings and buildable lots shall be served by an approved means of wastewater collection and treatment.

8. 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 may require the use of control methods such as retention or detention, and/or the construction of off site drainage improvements to mitigate the impacts of the proposed developments. Must comply fully with section 11-5-5 of this chapter.

9. Streets: Proposed streets shall provide a safe, convenient and functional system for vehicular, pedestrian and bicycle circulation; shall be properly related to the general plan; and shall be appropriate for the particular traffic characteristics of each proposed development. Streets shall comply with provisions of section 11-5-3 of this chapter.

10. Extension Policies: All public improvements and required easements shall be extended through the parcel on which new development is proposed. Streets, water lines, wastewater systems, drainage facilities, electrical lines and telecommunications lines shall be constructed through new development to promote the logical extension of public infrastructure. The city may require the applicant of a subdivision to extend off site improvements to reach the subdivision and oversize required public facilities to serve anticipated future development as a condition of plat approval.

C. Self-Imposed Restrictions: If the owner places restrictions on any of the land contained in the subdivision greater than those required by the zoning ordinance or these regulations, such restrictions or reference to those restrictions shall be recorded with the county recorder and indicated on the subdivision plat. The city council requires that restrictive covenants be recorded with the county recorder in a form to be approved by the city attorney. The subdivider shall grant to the city the right to enforce the restrictive covenants.

D. Plats Straddling Municipal Boundaries: Whenever access to the subdivision is required across land in another city, 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 amount to assure the construction of the access road if the access road is not required to be constructed before the final plat is signed and recorded. In general, lot lines should be laid out so as not to cross municipal boundary lines.

E. Monuments: The applicant shall place permanent reference monuments in the subdivision as required in these regulations, and the city design standards and construction specifications, and as approved by the city engineer.

1. Monuments shall be located on street rights of way lines, at street intersections, angle points of curves 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.

2. The external boundaries of a subdivision shall be monumented in the field by monuments of stone or concrete, not less than thirty inches (30") in length, not less than four inches (4") square, or five inches (5") 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 inches (30") long and two inches (2") in diameter. These monuments shall be placed not more than one thousand four hundred feet (1,400') 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 the meander line, those points to be not less than twenty feet (20') 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 in the side line of the street.

3. All internal boundaries and those corners and points not referred to in subsection E2 of this section, 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 river changes its radius, and at all angle points in any line.

4. The lines of lots that extend to rivers or streams shall be monumented in the field by iron pipes at least thirty inches (30") long and seven-eighths inch (7/8") in diameter, or by round or square iron bars at least thirty inches (30") 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 feet (20') back from the bank of the river or stream.

5. 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 frost.

6. All monuments shall be properly set in the ground and approved by the city engineer prior to the city accepting the subdivision.

F. Sensitive Lands1: Land that the planning commission finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, adverse visual affects on the overall scenic quality of the city, or other features that will reasonably 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 developer and approved by the planning commission and city council, upon recommendation of the city engineer, to solve the problems created by the sensitive land conditions. Such land shall be set aside as either public or private open space. Subdivisions proposed on sensitive lands shall be subject to the following:

1. Areas: Areas affected by this title are those sensitive lands or potentially sensitive lands, or other lands, such as, but not limited to, one or more of the following characteristics:

a. Steep slopes;

b. Natural drainageways;

c. Utility corridors;

d. Flood hazards;

e. Unstable soils;

f. Seismic hazards;

g. Community visual amenity;

h. Designated wetlands;

i. Natural resource amenity;

j. Open space;

k. Agricultural land, highly productive;

l. Water recharge zones and culinary water sources protection zones2.

2. Errors Or Inaccurate Classifications: If the applicant believes that "sensitive lands" or "potentially sensitive lands", as defined herein, are in error or that the extent of such is inaccurate, it shall be the responsibility of the developer or owner to provide the planning commission with studies or data necessary to determine the extent and nature of sensitive lands to remain in open space. If a change is justified, an amendment to the general plan will be initiated. Certain areas of the city may possess qualities that may appear to be sensitive lands but may require further study by the developer to determine whether such lands should be classified as sensitive lands. This condition may particularly apply to transitional areas around sensitive lands. The city may include such areas within the sensitive lands category and further require those developing the property to produce evidence, with the help of professionals in the particular field, for the planning commission to determine the final classification of lands. All documents must be submitted in color.

3. Sensitive Lands Mitigation: Attempts to mitigate the detrimental affects of development on any sensitive lands or potentially sensitive lands shall only be allowed if federal or state agencies specifically approve such practices and if all procedures and requirements are implemented according to the state and federal regulations. Mitigation of nonregulated sensitive lands may be allowed as approved by the planning commission and city council, and as evidence is supplied to the planning commission and the mayor by the applicant that such measures will be in the best interest of the city.

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 planning commission shall have final authority to approve the name of the subdivision, which shall be determined at the time of concept plan approval. (Ord. 2007-05, 5-16-2007)

11-5-2: LOT IMPROVEMENTS:

A. Requirement To Cluster Lots: The layout of lots shall be designed to preserve sensitive lands and special features of property by reducing lot size and preserving remaining land as permanent open space as an amenity for homeowners. See zoning ordinance for lot area, density and dimension requirements.

B. Lot Arrangement: 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 the zoning ordinance and health regulations, and in providing driveway access to buildings on the lots from an approved street. Where a project abuts arterials, collectors and federal highways, as defined on the road master plan, front yards of lots must face public roadways. Rear yards of lots are not allowed to face public roadways.

C. Lot Dimensions: Lot dimensions shall comply with the minimum standards of the zoning ordinance. Where lots are more than double the minimum required area for the zoning district, the planning commission may require that those lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve potential lots, all in compliance with the zoning ordinance and these regulations. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines), unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front yard and side yard setback from both streets. Depth and width of properties reserved or laid out for business, commercial or industrial purposes shall be adequate to provide for the off street parking and loading facilities required for the type of use and development contemplated, as established in the zoning ordinance.

D. Lot Orientation: The lot line common to the street right of way shall be the front line. All lots shall face the front line and a similar line across the street. Wherever feasible, lots shall be arranged so that the rear line does not abut the side line of an adjacent lot.

E. Building Site: Each lot shall contain a building site appropriate to accommodate the primary residential structure, which building site shall be outlined on the preliminary and final subdivision plat. Each building site shall be located in compliance with all applicable setbacks, side yards and rear yard requirements. All building sites shall have a natural or manmade average slope of fifteen percent (15%) or less in any direction across the building site. Grading of the lot shall not extend more than thirty feet (30') in any direction from the proposed structure, unless a greater distance is approved by the city planner or city engineer, upon a showing by the applicant that a greater distance will not be contrary to the purposes of this title. In no case shall grading for the building site extend beyond the property line of the lot. Primary dwelling and accessory structures shall be located within a building site.

F. Double Frontage Lots And Access To Lots:

1. Double Frontage Lots: Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterials, or to overcome specific disadvantages of topography and orientation.

2. Access From Major And Secondary Arterial Or Collector Roads: Lots shall not, in general, derive access from an arterial or collector road, as shown on the road master plan. Where driveway access from a major or secondary street may be necessary for several adjoining lots, the planning commission will require that such lots be served by a combined access drive in order to limit possible traffic hazards on the street. Driveways shall be designed and arranged so as to avoid requiring vehicles to back into traffic on arterial or collector roadways.

G. Soil Preservation, Grading And Seeding; Final Grading: No certificate of occupancy shall be issued until final grading has been completed in accordance with the approved final subdivision plat. Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide cover on the lots and cover between the sidewalks and curbs, and shall be stabilized by seeding or planting.

H. Lot Drainage: Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots and to prohibit drainage into the city sanitary sewer system.

I. Debris And Waste: No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish, or other waste materials of any kind, shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of those items and materials shall be required prior to issuance of any certificate of occupancy on a subdivision. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of expiration of any subdivision improvement agreement or dedication of public improvements, whichever is sooner.

J. Water Bodies And Watercourses: If a tract being subdivided contains a water body, or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the water body among the adjacent lots. The planning commission and city council may approve an alternative plan whereby the ownership of the water body may be given to a homeowners' association within the subdivision or may be placed in a conservation easement. Responsibility for safe maintenance of the water body is so placed that it will not become a city responsibility. No more than twenty five percent (25%) of the minimum area of a lot required under the zoning ordinance may be satisfied by land that is under water. Where a watercourse separates the buildable area of a lot from the street by which it has access, provisions shall be made for installation of a culvert or other structure, of design approved by the city engineer.

K. Subdivision Improvement Agreement And Security To Include Lot Improvement: The applicant shall enter into a separate subdivision improvement agreement secured by a letter of credit, cash escrow or other security approved by the city attorney, to guarantee completion of all lot improvement requirements, including, but not limited to, soil preservation, final grading, street trees, lot drainage, grass seeding, removal of debris and waste, fencing, and all other lot improvements required by the city council. Whether or not a certificate of occupancy has been issued, the city may enforce the provisions of the subdivision improvement agreement where the provisions of this section or any other applicable law, ordinance or regulation have not been met. (Ord. 2007-05, 5-16-2007)

11-5-3: STREETS:

In addition to the requirements of this section, the design standards and construction specifications as officially adopted show construction details and specifications.

A. General Requirements: The layout and design of private streets and public rights of way shall conform to the street master plan and shall provide appropriate connections to adjacent properties and future streets. The design of public streets shall conform to this title.

1. Frontage On Improved Streets: No subdivision shall be approved unless the area to be subdivided shall have frontage on and access from an existing street, unless such street is:

a. An existing state, county or township highway; or

b. A street shown upon a plat approved by the city council and recorded in the county recorder of deeds office. 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 subdivision regulations, with the width and right of way required by these subdivision regulations or contained in the general plan. Wherever the area to be subdivided is to utilize existing road frontage, the road shall be suitably improved as provided above.

2. Level Of Service: No development shall be approved if such development, at full occupancy, will result in or increase traffic on an arterial or collector so that the street does not function at a level of service of C or better. The applicant may propose and construct approved traffic mitigation measures to provide adequate roadway capacity for the proposed development. The applicant for any development projected to generate more than one thousand (1,000) vehicle trips per day shall submit a traffic impact analysis.

3. Layout Of Streets Shall Conform To Sound Engineering Practices: Design of streets shall traverse slopes, where possible, and shall avoid, where practical, streets which run perpendicular to contour lines. Streets and other vehicular routes shall not cross property having a slope greater than twenty percent (20%), unless approved by the planning commission and city council, and they determine that:

a. Appropriate engineering measures will be taken to minimize the impact of the cuts and fills, and that erosion control and slope stabilization will be performed consistent with the purpose of this title; and

b. The environment and aesthetics of the area will not be adversely affected.

4. Grading And Improvement Plan: Streets shall be graded and improved and conform to the city design standards and construction specifications 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.

5. Classification: All streets shall be classified as either arterial, collector or local streets. In classifying streets, the city shall consider projected traffic demands after twenty (20) years of development.

6. Topography And Arrangement:

a. Streets shall be related appropriately to the topography. On slopes in excess of ten percent (10%) grade, streets shall be designed to contour with the slope to the greatest extent possible. All streets shall be arranged so as to obtain 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.

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

c. Minor or local streets shall be laid out to conform as much as possible to the topography to permit connection to adjacent streets and to conform to the uniform block grid, and to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.

d. Curvilinear streets and cul-de-sacs are not allowed, except where topographic conditions or parcel configuration may dictate and where approved by the planning commission and the city council. U-shaped streets shall be encouraged where such use will result in a more desirable layout.

e. 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.

f. 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, including pedestrians.

7. Blocks:

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

b. The lengths, widths and shapes of blocks shall maintain the same organization of blocks as planned in the original layout of the city. Wherever practicable, the layout of new subdivisions shall conform to the extension of the ten (10) acre grid of the existing city.

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

d. Pedestrianways or crosswalks, not less than ten feet (10') wide, may be required by the planning commission through the center of blocks more than six hundred sixty feet (660') 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 planning commission for prospective use.

8. Access To Primary Arterials Or Collectors: Where a subdivision borders on or contains an existing or proposed primary arterial or collector, the planning commission shall require that access to such streets be limited by one of the following means:

a. The subdivision of lots so as to front onto a parallel local street; no individual lot access shall be provided from the primary arterial or collector. Lots designed with the rear facing the primary arterial or collector shall not be permitted, except where approved screening shall be provided in a strip of land forty feet (40') wide along the rear property line of such lots; and provided, that a homeowners' association is created for the owners of the entire subdivision requiring maintenance of the said screening, park strip and street trees.

b. A marginal access or frontage road (separated from the primary arterial by a planting or grass strip and having access at suitable points).

c. Local street perpendicular to the arterial or collector with lots adjacent to the arterial or collector fronting on and accessing the local street.

9. Street Names: The concept plan, as submitted, shall not indicate any names for proposed streets. The planning commission shall approve names of all streets as suggested by the applicant at the time of concept plan approval. The applicant shall consult the local postmaster prior to rendering its recommendation to the planning commission. Names shall be sufficiently different in sound and spelling from other road names in the city 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.

10. Road Regulatory Signs: The developer shall install all road signs before issuance of certificates of occupancy for any residence on the streets approved. Street name signs are to placed at all intersections within or abutting the subdivision, the type and location of which to be approved by the city engineer.

11. Streetlights: Installation of streetlights shall be required in accordance with design and specification standards approved by the city engineer.

12. Reserve Strips: The creation of reserve strips shall not be permitted adjacent to a proposed street in such a manner as to deny access from adjacent property to a public street, unless the reserve strip is deeded to the city.

13. Construction Of Dead End Streets:

a. Temporary: The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when the continuation is necessary for movement of traffic, continuation of the traditional street grid, effective fire protection, for efficient provision of utilities, and where the continuation is in accordance with the road master plan. 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 fully improved turnabout with a one hundred foot (100') diameter paved travel lane 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 adjacent property owners whenever the street is continued. It shall be the responsibility of the adjoining party to restore abutting properties and improvements upon continuation of the street. The planning commission may limit the length of temporary dead end streets in accordance with the design standards of these regulations.

b. Permanent: Permanent dead end streets are not permitted, except where topographic conditions or parcel configuration may dictate and only when approved by the planning commission and the city council. Where a road does not extend beyond the boundary of the subdivision and its continuation is not required by the planning commission for access to adjoining property, its terminus shall not be nearer to the adjacent boundary than fifty feet (50'). However, the planning commission shall require the reservation of a public right of way to accommodate a paved one hundred foot (100') diameter turnaround, drainage facilities, pedestrian traffic and/or utilities. A permanent right of way may be required to allow a potential future public access to the adjacent property at the end of the dead end road. All improvements shall be accomplished in accordance with city design standards and construction specifications. For greater convenience to traffic and more effective police and fire protection, permanent dead end streets shall, in general, be limited in length in accordance with the design standards of these regulations.

B. Design Standards:

1. General: Design standards for streets are intended to provide for suitable location, width and improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation and road maintenance equipment. Road design must coordinate streets so as to compose a convenient system and avoid undue hardships to adjoining properties. Road classification may be indicated on the road master plan, otherwise, it shall be determined by the city council.

2. Road Surfacing And Improvements: After sewer and water utilities have been installed by the developer, the developer shall construct curbs and gutters 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. Types of pavement shall be as determined by the city engineer. Adequate provision shall be made for culverts, drains and bridges. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all design standards and construction specifications adopted by the city council and city engineer, and shall be incorporated into the construction plans required to be submitted by the developer for plat approval.

3. Chip And Seal: It is the responsibility of the developer to chip and seal the new streets within twelve (12) to eighteen (18) months, at the city manager's discretion, after the new streets are surfaced with asphalt.

4. Excess Right Of Way: Right of way widths in excess of the standards designated in these regulations shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall not be in excess of three to one (3:1).

5. Railroads And Limited Access Highways: Railroad rights of way and limited access highways where so located as to affect the subdivision of adjoining lands shall be treated as follows:

a. In residential districts, a buffer strip at least twenty five feet (25') in depth in addition to the normal depth of the lot required in the zone 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".

b. In districts zoned for 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.

c. 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 one hundred fifty feet (150') from the railroad right of way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients.

6. Intersections:

a. 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 degrees (75o) shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least one hundred feet (100') therefrom. Not more than two (2) streets shall intersect at any one point unless specifically approved by the city council.

b. 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 two hundred feet (200') 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 feet (800') apart.

c. Minimum curb radius at the intersection of two (2) local streets shall be at least twenty feet (20'); and minimum curb radius at an intersection involving a collector street shall be at least twenty five feet (25'). Alley intersections and abrupt changes in alignment within a block shall have corners cut off in accordance with standard engineering practices to permit safe vehicular movement.

d. 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 feet (60'), measured from the nearest right of way line of the intersecting street.

e. Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation (including trees) in connection with the grading of the public right of way to the extent deemed necessary to provide an adequate sight distance.

f. The cross slopes on all streets, including intersections, shall be three percent (3%) or less.

7. Bridges: Bridges of primary benefit to the applicant, as determined by the city council, shall be constructed at the full expense of the applicant without reimbursement from the city. The sharing expense for the construction of bridges not of primary benefit to the applicant, as determined by the city council, will be fixed by special agreement between the city council. The cost of bridges that do not solely benefit the developer shall be charged to the developer 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.

C. Street Dedications And Reservations:

1. 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.

2. Widening And Realignment Of Existing Streets: Where a subdivision borders an existing narrow road or when the general plan or zoning setback regulations indicate plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant shall be required to improve and dedicate at its expense those areas for widening or realignment of those streets. Frontage roads and streets as described above shall be improved and dedicated by the applicant at its own expense to the full width as required by these subdivision regulations when the applicant'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 of the zoning ordinance, whether the land is to be dedicated to the city in fee simple or an easement is granted to the city. (Ord. 2007-05, 5-16-2007)

11-5-4: OPEN SPACE:

A. Required; Exception: Applicants for the development of any land within the city shall be required to set aside sensitive lands or potentially sensitive lands as "open space", as defined in section 11-2-1 of this title, except that, set asides for common open space shall not be required within the town center area (as shown in the official general plan) in that the area lacks the ability to have contiguous open space and many building lots occupy small development parcels in a built up area.

B. Amount Required: Open space shall be provided wherever sensitive lands or potentially sensitive lands exist. Also, open space shall be located wherever it is deemed necessary by the planning commission to connect adjacent, existing or future open space and as required to meet open space requirements for subdivisions. In addition, the developer may locate open space wherever desirable for the homeowners of the planned residential subdivision. At no time shall any open space be reduced in size or used or modified beyond its original intent without the recommendation of the planning commission and final approval by the city council. Existing open space outside the proposed area shall not be used in determining the allowed dwelling units for the planned residential subdivision.

1. Minimum Percentage Of Open Space: The minimum percentage of land that shall be designated as permanent open space, not to be further subdivided, and protected through a conservation easement held by the city or by a recognized land trust, conservancy or homeowners' association, shall be as specified below:

2. Permanent Conservation Easement: All open space on any lot shall be restricted from further subdivision through a permanent conservation easement, in a form acceptable to the city and recorded in the county recorder's office.

3. Recreation Use: At least twenty five percent (25%) of the minimum required open space shall be suitable for active recreation purposes, and not more than fifty percent (50%) shall be used for active recreation in order to preserve a proportion of natural areas on the site. The purpose for which open areas are proposed shall be documented by the applicant.

C. Type Of Ownership Allowed For Open Space:

1. General:

a. Different ownership and management options apply to the permanently protected open space created through the planned residential subdivision process. The open space of sensitive lands or potentially sensitive lands shall remain undivided and may be owned and managed by a homeowners' association, the city, or a recognized land trust or conservancy. A public land dedication, not exceeding ten percent (10%) of the total parcel size, may be required by the city through the sensitive lands to facilitate trail connections. A narrative describing ownership, use and maintenance responsibilities shall be submitted for all common and public improvements, utilities and open space within undivided lands. If, at any time, the ownership of open space is changed to another form of ownership allowed herein, the ownership change must be approved by the city council and the city must be provided the first right to accept or acquire the open space.

b. The ownership of all or any portion of open space shall not change by transfer, deeding, quitclaim, purchase, or by any other method, without the review and approval by the planning commission and city council. Leasing, renting or use by any entity or person other than the homeowners' association of any portion of the open space shall be reviewed and approved by the planning commission.

2. Ownership Standards: Undivided lands within a development shall be owned, administered and maintained by any of the following methods, either individually or in combination, and subject to approval by the city:

a. Offer Of Dedication: The city shall have the first and last offer of dedication of undivided lands in the event said land is to be conveyed. Dedication shall take the form of a fee simple ownership. The city may, but shall not be required to, accept undivided lands; provided, that:

(1) Such land is accessible to the residents of the city;

(2) There is no cost of acquisition other than any cost incidental to the transfer of ownership such as title insurance; and

(3) The city agrees to and has access to maintain such lands. Where the city accepts dedication of undivided lands that contain improvements, the city may require the posting of financial security to ensure satisfactory functioning and structural integrity of improvements for a term not to exceed eighteen (18) months from the date of acceptance of dedication. The amount of financial security shall not exceed fifteen percent (15%) of the actual cost of installation of said improvements.

b. Homeowners' Association (HOA): The undivided lands and associated facilities may be held in common ownership by a homeowners' association. The HOA shall be formed and operated under the following provisions:

(1) The developer shall provide covenants, conditions and restrictions (CC&Rs) of the association, including its bylaws, articles of incorporation and methods for maintaining the undivided lands. The CC&Rs shall be reviewed and approved in content and form by the city. Acceptance of the CC&Rs by the city will be contingent upon meeting the intent and conditions required by this code. The CC&Rs will be approved by the city prior to filing the final plat. The CC&Rs will be recorded by the city manager at the county recorder's office at the time of the filing of the final plat.

(2) The association shall be organized by the developer and be operated with financial subsidization by the developer, before the sale of any lots within the development.

(3) Membership in the association is automatic (mandatory) for all purchasers of homes or lots therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified in the CC&Rs.

(4) The association shall be responsible for maintenance of insurance and taxes on undivided lands, enforceable by liens placed by the city.

(5) The members of the association shall share equitably the costs of maintaining and developing such undivided lands. Fees shall be determined by the association and assessed and deposited in an escrow account. Shares shall be defined within the association bylaws.

(6) The developer of the subdivision shall endow the newly formed homeowners' association with funds equivalent to ten percent (10%) of the development cost for all common improvements which shall be used by the HOA to operate, maintain and insure the HOA for the first year that the association begins to operate independently of the developer. Funds shall be deposited in the checking account in the name of the HOA within ten (10) days after the day which the HOA begins to operate independently of the developer.

(7) In the event of a proposed transfer, within the methods herein permitted, of undivided lands by the homeowners' association, or of the assumption of maintenance of the undivided lands by the city, notice of such action shall be given to all property owners within the development.

(8) All improvements to the undivided lands held in common or intended to be held in common by the HOA shall be installed, completed and accepted prior to the beginning of the second phase of construction, or if project is not phased, prior to sale of all lots. If phasing of the improvements to the undivided lands is required by the developer, all incomplete improvements for the undivided lands shall be secured through a bond posted by the developer.

(9) The association shall have or hire adequate staff to administer common facilities and properly and continually maintain the undivided lands.

(10) The homeowners' association may lease undivided lands to any other qualified person, or corporation, for operation and maintenance of undivided lands by lease agreement, which shall provide:

(A) The residents of the development shall at all times have access to the undivided lands contained therein;

(B) The undivided lands to be leased shall be maintained for the purposes set forth in this title; and

(C) The operation of facilities within the undivided lands may be for the benefit of the residents only, or may be open to the residents of the city, at the election of the developer and/or homeowners' association, as the case may be;

(D) The lease shall be subject to the approval of the city council and any transfer or assignment of the lease shall be further subject to the approval of the city council. Lease agreements shall be recorded with the county recorder within thirty (30) days of the execution and a copy of the recorded lease shall be filed with the city.

c. Conservation Easement: A conservation easement shall be established to provide a permanent preservation of the undivided lands (open space). The easement shall be indicated on the recorded plat and state the ownership of the easement and reference the maintenance agreement also recorded with the final plat stating the standards of upkeep as defined in these subdivision regulations.

d. Transfer Of Easements To Private Conservation Organization: With the recommendation of the planning commission and the permission of the city council, an owner may transfer easements or ownership to a private nonprofit organization, among whose purposes it is to conserve undivided land; provided, that:

(1) The organization is acceptable to the planning commission and the city council, and is a bona fide conservation organization with perpetual existence;

(2) The conveyance contains appropriate provision for proper reverter or retransfer in event that the organization becomes unwilling or unable to continue carrying out its functions; and

(3) A maintenance agreement acceptable to the planning commission and the city council is entered into by the developer and the organization.

3. Maintenance Standards:

a. The following standards shall be fulfilled and shall be recorded on the face of the final plat:

Wellsville City shall have the right, but not the duty, to require, and if necessary, perform, at the organization's expense, landscaping, maintenance and snow removal, as applicable, within the open space areas if the organization fails adequately to perform such. The city may take this action when asked to take over improvements or maintenance tasks by an organization. The city council may also take such action when it determines the need based on a historical pattern of lack of care and maintenance. In the event Wellsville City exercises this right, the city shall be entitled to recover any associated costs and attorney fees. This notation shall not be amended or deleted without the approval of Wellsville City.

b. The owner of the undivided lands shall be responsible for maintenance and the raising of all monies required for operations, maintenance or physical improvements to the undivided lands through annual dues, special assessments, etc. The maintenance organization shall be authorized, under its bylaws, to place liens on the property of residents who fall delinquent in payment of such dues, assessments, etc.

c. In the event that the maintenance organization, or any successor organization, shall, at any time after establishment of a development containing undivided lands, fail to maintain the undivided lands in reasonable order and condition in accordance with the development plan, the city may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the undivided land in reasonable condition.

d. Failure to adequately maintain the undivided lands in reasonable order and condition constitutes a violation of this title. The city is hereby authorized to give notice, by personal delivery or by United States postal service, to the owner or occupant, as the case may be, of any violation, directing the owner to remedy the same within twenty (20) days. Further, the city shall be authorized to assume maintenance of the undivided lands in such a manner as it deems appropriate.

e. Should any bill or bills for maintenance of the undivided lands by the city be unpaid by January 1 of each year, a lien shall be filed against the premises in the same manner as other municipal claims. A late fee of fifteen percent (15%) annually shall be added to such bills, and the city shall be entitled to recover any costs and attorney fees incurred in collecting or recovering any such amounts due to the city.

4. Access By Public Upon Completion Of Improvements Within Undivided Lands: The public shall have access, when mutually agreed by all parties, including the city. Lots designed with the rear facing open spaces shall be accessible at all times and all locations. At no time shall public access be denied unless unsafe conditions exist or unless approved by the city. Public access within undivided lands shall be allowed only where identified and allowed within the approval documents.

11-5-5: DRAINAGE AND STORM SEWERS:

A. General Requirements: The developer shall comply with the storm sewer code as contained in title 8, chapter 5 of this code. The planning commission shall not recommend for approval any plat of 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 sewers shall be designed for a 100-year storm occurrence by the rational method, or other methods as approved by the planning commission, 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, nor for a distance of more than six hundred feet (600') in the gutter. When calculations indicate that curb 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.

B. Grading And Drainage Plan: A grading and drainage plan shall be prepared by a professional engineer registered in the state and shall be submitted and approved by the city engineer prior to the approval of the final plat for the subdivision. The plan shall include at least the following:

1. A map of the entire site with existing and proposed contours using a minimum of five foot (5') contour intervals at the same scale as the concept plan.

2. Proposed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs and other protective devices to be constructed to control stormwater runoff and soil erosion.

3. A plan showing temporary erosion control measures.

4. A written statement by the person or firm preparing the report identifying any grading and drainage problems of the development and further stating an opinion as to the ability of the proposed plan to mitigate or eliminate such problems in a manner as to prevent hazard to life or property, adverse effects on the safety, use or stability of a public way or drainage channel, and adverse impact on the natural environment.

C. Nature Of Stormwater Facilities:

1. Location: The applicant may be required by the planning commission 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 where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the design standards and construction specifications.

2. Accessibility To Public Storm Sewers:

a. Where a public storm sewer is accessible, the applicant shall install storm sewer facilities, or if no outlets are within a reasonable distance, adequate provision shall be made for the disposal of stormwaters, subject to the specifications of the city engineer. However, in subdivisions containing lots less than fifteen thousand (15,000) square feet in area and in business and industrial districts, underground storm sewer systems shall be constructed throughout the subdivisions and be conducted to an approved outfall. Facilities shall be approved and inspected by the city engineer.

b. If a connection to a public storm sewer will be provided eventually, as determined by the city engineer, the applicant 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.

3. 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 city engineer shall determine the necessary size of the facility, based on the provisions of the construction standards and specifications assuming conditions of maximum potential watershed development permitted by the zoning ordinance.

4. 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. 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 planning commission may withhold approval of the subdivision until provision has been made for the expansion of the existing downstream drainage facility. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.

5. Areas Of Poor Drainage: Whenever a plat is submitted for an area that is subject to flooding, the planning commission may approve such subdivision to an elevation sufficient to place the elevation of streets and lots at a minimum of twelve inches (12") above the elevation of the 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 planning commission may deny subdivision approval for areas of extremely poor drainage.

6. Floodplain Areas: The planning commission 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 dumping of earth, waste material or stumps, except at the discretion of the planning commission.

D. Dedication Of Drainage Easements:

1. 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 as approved by the city engineer.

2. Drainage Easements:

a. Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights of way, perpetual, unobstructed easements at least fifteen feet (15') in width 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 final plat. Drainage easements shall extend from the road to a natural watercourse or to other drainage facilities.

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

c. The applicant 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 planning commission.

d. 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 drainageways. Such land or lands subject to periodic flooding shall not be computed in determining the number of lots to be utilized for average density procedures, nor for computing the area requirement of any lot. (Ord. 2007-05, 5-16-2007)

11-5-6: WATER FACILITIES:

In addition to the requirements of this section, the design standards and construction specifications, as officially adopted, show construction details and specifications.

A. General Requirements:

1. Main Not Accessible: When a public water main is not accessible, the developer 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.

2. Main Accessible: When a public water main is accessible, the developer shall install adequate water facilities (including fire hydrants) subject to the specifications of state or local authorities. All water mains shall be at least eight inches (8") in diameter, or as otherwise shown in the city water master plan.

3. Approval Of Extensions: Water main extensions shall be approved by the officially designated agency of the state or city.

4. Fire Hydrants; Water Supply Improvements: 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 plat and final construction drawings. The cost of installing the same shall be borne by the developer and all construction completed, dedicated and accepted by the city before the final plat is signed and recorded; or if permitted, such required improvements shall be included in the subdivision improvement agreement and security to be furnished by the developer.

B. Individual Wells And Central Water Systems:

1. May Be Permitted: In zoning districts with a density of one unit per five (5) acres or less, and when a public water system is not available, in 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 and storage 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 and the fire chief. Approvals shall be submitted to the planning commission prior to recommendation of final subdivision plat approval.

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

C. Fire Hydrants: Fire hydrants shall be required for all subdivisions. Fire hydrants shall be located no more than five hundred feet (500') apart and within five hundred feet (500') of any structure and shall be approved by the applicable fire protection unit. 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. (Ord. 2007-05, 5-16-2007)

11-5-7: SEWER FACILITIES:

In addition to the requirements of this section, the design standards and construction specifications, as officially adopted, show construction details and specifications.

A. General Requirements: The applicant shall install sanitary sewer facilities in a manner prescribed by the city design standards and construction specifications. All plans shall be designed and approved in accordance with the rules, regulations and standards of the city engineer, health department and other appropriate agency. Necessary action shall be taken by the applicant to extend or create a sanitary sewer district for the purpose of providing sewerage facilities to the subdivision when no district exists for the land to be subdivided.

B. High To Medium Density Residential And Nonresidential Districts: 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 unless specifically approved by the planning commission and the city council. 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 appropriate state agency.

C. Low Density Residential Districts: Sanitary sewerage systems shall be constructed as follows:

1. When a public sanitary sewerage system is within three hundred feet (300')3 of a lot or subdivision, the applicant shall connect with the same and provide sewer lateral connections accessible to each lot in the subdivision.

2. When public sanitary sewerage systems are not reasonably accessible but will become available within a reasonable time (not to exceed 15 years), the applicant may choose one of the following alternatives, subject to acceptance by the city and subject to meeting federal and state regulations:

a. Central sewerage system with the maintenance cost to be assessed against each property benefited. Where plans for future public sanitary sewerage systems exist, the applicant 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.

b. Individual disposal systems, provided the applicant 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.

c. When sanitary sewer systems are not reasonably accessible and will not become available for a period in excess of fifteen (15) years, the applicant may install individual disposal systems, or central sewerage systems shall be used as approved by the planning commission, the city council and Bear River health department.

D. Mandatory Connection To Public Sewer System: If a public sanitary sewer is within three hundred feet (300')4 of a lot or subdivision, 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.

E. 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 zoning ordinance and percolation tests, and test holes shall be made as directed by the health department. 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. (Ord. 2007-05, 5-16-2007)

F. Design Criteria For Sanitary Sewers: See separate document, design standards and construction specifications for sanitary sewer installations on file in the city office. (Ord. 2007-05, 5-16-2007; amd. 2009 Code)

11-5-8: SIDEWALKS, CURBS AND GUTTER:

A. Required Improvements:

1. Sidewalks shall be included within the dedicated nonpavement right of way of all streets shown in the design standards and construction specifications.

2. Concrete curbs are required for all streets when required in the standard specification for subdivision as adopted by the city council.

3. Sidewalks shall be improved as required in the standard specifications for subdivisions. A median strip of grassed or landscaped areas at least eight feet (8') wide shall separate all sidewalks from adjacent curbs.

B. Pedestrian Access: The planning commission may require, in order to facilitate pedestrian access from the streets to schools, parks, playgrounds or other nearby streets, perpetual unobstructed easements at least twenty feet (20') in width. Easements shall be indicated on the plat. (Ord. 2007-05, 5-16-2007)

11-5-9: UTILITIES:

A. Location: All utility facilities, including, but not limited to, gas, electric power, telephone and TV cables, shall be located underground throughout the subdivision. Whenever existing utility facilities are located aboveground, except when existing on public streets 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 construction drawings with the final plat. Underground service connections for platted lots 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.

B. Easements:

1. Easements for each lot shall be provided for utilities (private and municipal) at each lot line and shall be at least ten feet (10') wide. Proper coordination shall be established between the subdivider, the city and the applicable utility companies for the establishment of utility easements established in adjoining properties.

2. 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 ten feet (10') 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. (Ord. 2007-05, 5-16-2007)

11-5-10: PUBLIC USES:

A. Plat To Provide For Public Uses: When land is set aside by the developer as required by the provision of the zoning ordinance, whenever a tract to be subdivided includes a school, recreation use or other public use as indicated on the general plan or any portion thereof, the space shall be suitably incorporated by the applicant into its concept plan. After proper determination of its necessity by the planning commission and the appropriate city 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 applicant into the preliminary and final plats.

B. Referral To Public Body: The planning commission shall refer the concept plan to the public body concerned with acquisition for its consideration and report. The planning commission may propose alternate areas for such acquisition and shall allow the public body or agency thirty (30) 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.

C. 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.

D. 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 he intends to develop the land. Such letter of intent shall be accompanied by a concept plan of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed twelve (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. (Ord. 2007-05, 5-16-2007)

11-5-11: PRESERVATION OF NATURAL FEATURES AND AMENITIES:

A. General: Existing features that would add value to residential development or to the city as a whole, such as "trees", as herein defined, watercourses and falls, beaches, historic spots, and similar irreplaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed from any subdivision nor any change of grade of the land affected until approval of the final plat has been granted. All trees on the plat required to be retained shall be preserved, and all trees where required shall be welled and protected against change of grade. The construction drawings accompanying the final plat shall show the number and location of existing trees as required by these regulations and shall further indicate all those marked for retention and the location of all proposed shade trees required along the street side of each lot as required by these regulations.

B. Shade Trees Planted By Developer:

1. As a requirement of subdivision approval, the applicant shall plant shade trees on the property of the subdivision. Such trees are to be planted in the middle of the park strip as required in the design standards and construction specifications. Trees shall be planted on all streets within and abutting the subdivision, or, at the discretion of the planning commission, within the right of way of such streets. One tree shall be planted for every thirty feet (30') of frontage along each road unless the city council, upon recommendation of the city shade tree and beautification commission5, shall grant a waiver. The waiver shall be granted only if there are trees growing along the right of way or on the abutting property which, in the opinion of the planning commission, comply with these regulations.

2. New trees to be provided pursuant to these regulations shall be approved by the city shade tree and beautification commission and shall be planted in accordance with the regulations of the shade tree and beautification commission. The trees shall have a minimum trunk diameter (measured 12 inches above ground level) of not less than two inches (2"). Streets shall be planted in accordance with the street tree master plan as to species and locations.

3. Whenever street trees cannot be successfully planted at the time of final acceptance of the subdivision, the developer shall pay fees in lieu of planting on the basis of two hundred fifty dollars ($250.00) per required tree. In lieu fees shall be retained by the city, and planting will be performed by the city or its contractor upon completion of landscaping of each lot in the subdivision.

C. Shade Tree Compliance: No street shall be accepted for dedication until compliance, where necessary, has been made with these regulations. (Ord. 2007-05, 5-16-2007)

11-5-12: NONRESIDENTIAL SUBDIVISIONS:

A. General: If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision with respect to the land shall make provision as the planning commission may require. A nonresidential subdivision shall also be subject to all the requirements of conditional use approval set forth in the zoning ordinance. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the planning commission, and shall conform to the proposed land use and standards established in the general plan and zoning ordinance.

B. Standards: In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the planning commission 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:

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

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

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

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

5. Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing onto existing or potential residential development and provisions for a permanently landscaped buffer strip, when necessary.

6. Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas, except where mixed use projects are acceptable to the city. (Ord. 2007-05, 5-16-2007)

Footnotes

Footnote 1: See also subsection 11-3-3E of this title.

Footnote 2: See title 8, chapter 2 of this code.

Footnote 3: See also subsection 4-7-3B, section 8-1E-13, subsection 8-3-2D of this code, and subsection D of this section for 300 foot connection requirements.

Footnote 4: See also subsection 4-7-3B, section 8-1E-13, subsection 8-3-2D of this code, and subsection C1 of this section for 300 foot connection requirements.

Footnote 5: See title 7, chapter 5 of this code.