§ 153.48  SUBDIVISION DESIGN.
   (A)   Lots.
      (1)   Lot size shall be regulated as required by the County Health Department for septic tank purposes, where applicable.
      (2)   Every lot shall front or abut on a dedicated, public street, or a private street dedicated to a homeowners’ association. For lots with a granted access easement, the following criteria must be met.
         (a)   An access easement shall serve only a special subdivision as defined in § 153.04.
         (b)   The minimum easement width shall be 50 feet and shall connect to a dedicated public or private street.
         (c)   There shall be within the access easement a minimum passable travel way of at least 20 feet in width.
         (d)   The minimum separation between the proposed access easement and any other access easement on the same tract of land should be 150 feet.
         (e)   The location of the easement shall be recorded on the final recordable plat.
         (f)   The access easement shall permit ingress, egress, and regress and necessary utilities required to serve the lot(s).
         (g)   A notation shall be placed on the face of the plat which states that no additional lots beyond the three, including resubdivision of the lots served by the access easement, shall be permitted unless the access easement is upgraded by the property owner(s) to a public or private street and meets or exceeds the design standards set forth by this chapter.
         (h)    The subdivision shall be approved by the Subdivision Administrator or the County Planning Board in accordance with the special subdivision procedure.
         (i)   When a special subdivision occurs adjacent to a non-conforming access easement, if the access easement serves the special subdivision, the portion or entirety of the access easement which serves the special subdivision shall no longer be considered non-conforming and must meet the requirements of this chapter.
      (3)   Side lot lines shall be substantially at right angles or radial to street lines.
      (4)   The minimum setback for all buildings and appurtenances from the property lines shall be as follows:
         (a)   From the front property line: 30 feet;
         (b)   From the side property line: ten feet;
         (c)   From the rear property line: 25 feet;
         (d)   From the side property line adjacent to the street on corner lots: 30 feet; or
         (e)   From the front property line on major thoroughfares: 40 feet.
   (B)   Easements.
      (1)   Existing easements recorded on or before the adoption of this chapter shall be considered nonconforming and are not required to meet the requirements of this chapter. However, when a subdivision occurs adjacent to an existing easement, if the easement serves the subdivision, the portion or entirety of the easement which serves the subdivision shall no longer be considered non-conforming and must meet the requirements of this chapter.
      (2)   Utility and drainage easements shall be provided for utilities where necessary and shall be at least 20 feet wide, except where utility easements abut the street right-of-way, the easement shall be at least ten feet. Easements should be centered on rear or side lot lines to the maximum practical extent.
      (3)   Where a subdivision is transversed by a watercourse, drainageway, drainage tile, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith.
      (4)   Private road easements shall be a minimum of 50 feet in width and shall be recorded with the lots. When a subdivision occurs adjacent to an existing non-conforming easement, if the easement serves the subdivision, the portion or entirety of the easement which serves the subdivision must be upgraded to meet this standard. This would require providing a 25 foot easement if the subdivision only occurs on one side of the private road, or a 50 foot easement if the subdivision occurs on both sides of the private road.
      (5)   Access easements shall meet the requirements as set forth in division (A)(2) above.
(Ord. passed 1-8-2002; Ord. passed - -)