§ 152.034 REQUIRED IMPROVEMENTS; SPECIFICATIONS.
   (A)   All required improvements shall be installed by the subdivider at his or her cost. Specifications and requirements set forth in §§ 152.165, 152.166 and Appendices A, B and C of this chapter shall be followed. The subdivider’s performance bond shall not be released until construction has been inspected and approved by the appropriate engineer.
   (B)   All improvements shall be in accordance with the following requirements:
      (1)   Lot size. Lot size shall be determined by the utilities supplied as follows:
         (a)   Served by public water and sewer systems. Residential lots served by both public water and public sewer systems shall be 80 feet or more in width at the building line and 12,000 square feet or more in area. Additional improvements required in subdivisions containing lots of this size are that streets shall be hard-surfaced and treated, and storm drainage systems and curb and gutter systems may be required when recommended by the highway engineer.
         (b)   Served by either public water or sewer system. Residential lots served by only 1 of public water or sewer system shall be 100 feet or more in width at the building line and 15,000 square feet or more in area. An additional improvement required in subdivisions containing lots of this size is that all streets shall be hard-surfaced and treated.
         (c)   Served by neither public sewer nor water system. Residential lots served by neither public water nor public sewer system shall be 100 feet or more in width at the building line and 20,000 square feet or more in area. An additional improvement required in subdivisions containing lots of this size is that all streets shall be hard-surfaced and treated.
         (d)   Served by septic tanks. The agent shall not approve any subdivision where sanitary sewers are not provided, unless the agent shall receive in writing from the Health Officer a statement to the effect that the area contained in the subdivision is satisfactory for the installation of septic tanks, and that they will not create hazards to public health.
         (e)   Exceptions. Greater lot areas may be required where individual septic tanks or individual wells are used, if the Health Officer determines that there are factors of drainage, soil conditions or other conditions to cause potential health problems. The agent may require that data from percolation tests be submitted as a basis for passing upon subdivisions dependent upon septic tanks as a means of sewage disposal.
      (2)   Flood control and drainage. The subdivider shall provide all necessary information needed to determine what improvements are necessary to properly develop the subject property, including contour intervals, drainage plans and flood-control devices. The subdivider shall also provide plans for all these improvements together with a certified engineer’s statement that the improvements, when properly installed, will be adequate for proper development. The highway engineer shall then approve or disapprove the plans. The subdivider shall also provide any other information required by the highway engineer.
      (3)   Easements. The agent may require that easements for drainage through adjoining property be provided by the subdivider. Easements of not less than 10 feet in width shall be provided for water, sewer, power lines and other utilities in the subdivision when required by the agent.
      (4)   Public water. Where public water is available the service shall be extended to all lots within a subdivision, including fire hydrants, by the subdivider in accordance with the design standards and specifications for water, construction and improvements in the town, and meeting the approval of the agent. Every subdivision containing 25 or more lots to which public water cannot or will not be provided shall be supplied by the subdivider with a complete central water supply and distribution system to serve each and every lot containing less than 20,000 square feet per lot. The central water supply and distribution system to be installed by the subdivider shall be constructed in accordance with the designs, standards and specifications for water system control and improvement in the town and meeting the approval of the agent.
      (5)   Sewage facilities. Where public sewage facilities are available, the service shall be extended to all lots within a subdivision and septic tanks will not be permitted. Every subdivision shall be provided by the subdivider with a satisfactory and sanitary means of sewage collection and disposal in accordance with the design standards and specifications for sewage construction and improvements of the State Health Department specifications and meeting the approval of the agent, provided the average prevailing lot size is less than 20,000 square feet. In case of a subdivision in which the lots are 20,000 square feet or more in area, an individual sewage disposal system for each lot may be provided by the subdivider, subject to the approval by the Health Officer and the agent.
      (6)   Private water and/or sewer. Nothing in this chapter shall prevent the installation of privately owned water and/or sewage facilities in areas where public water and/or sewage facilities are not available; provided, however, that these installations must meet all the requirements of the State Water Control Board, the State Health Department and any other state or local regulation having authority over the installation.
      (7)   Fire protection. The installation of adequate fire hydrants in a subdivision at locations approved by the agent may be required, provided necessary public water is available. The agent shall consult with the proper authority before approving the location.
(1997 Code, § 58-90) (Ord. passed 2-21-1977, § 5-5)