(1) Conformance to applicable rules and regulations. In addition to the requirements established herein, all subdivision plats shall comply with the following laws, rules and regulations:
(a) All applicable state and local statutory provisions;
(b) The Town Zoning Ordinance, Building and Housing Codes and all other applicable laws and ordinances of the appropriate jurisdictions;
(c) The Comprehensive Plan, Official Map or Thoroughfare Plan, Public Utilities Plan and Capital Improvements Program of the town, including all streets, drainage systems and parks shorn on the Official Map or Comprehensive Plan as adopted;
(d) Section 4.5 deals with the provision of adequate potable water for human consumption and adequate water for fire protection. Ensuring good water supplies requires coordination between the area’s water suppliers, Health Department and Fire Department together with such interested state agencies as the State Board of Health and the State Department of Natural Resources. The location of wells, where permitted, must take into consideration water quality and quantity vis-a-vis water levels and draw-down and the possibility of water contamination by sewage effluents from septic tank drain fields, polluted streams and other sources. Sanitary sewerage and sewage treatment facilities (§ 4.6
) must be adequate to prevent water pollution and other health problems. Requiring separate storm and wastewater sewerage systems is important for long-run water pollution prevention even if the rest of the urbanized area still has combined sewers because, in all probability, the regulations and any rules of the Health Department and/or appropriate state agencies;
(e) The rules and regulations of the State Department of Highways if the subdivision or any lot contained therein abut a state highway or state frontage road;
(f) The highway and drainage standards and regulations adopted by the County Engineer and all boards, commissions, agencies and officials of the county; and
(g) All pertinent standards contained within still valid planning guides published by the Plan Commission.
(2) Conformance required. Plat approval may be withheld if a subdivision is not in conformity with the above guides and requirements or with the policies and purposes of these regulations established in § 1.4 of this ordinance.
(3) 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 thereto may be required to be indicated on the subdivision plat or the Commission may require that restrictive covenants be recorded with the County Recorder in a form to be approved by the Commission Attorney.
(4) Plats straddling municipal boundaries. Whenever access to the subdivision is required across land in another jurisdiction the Commission may request assurance from the County Attorney that such access is legally established and from the County Engineer that the access road is adequately improved or that a performance bond has been duly executed and is sufficient in the amount to assure the construction of the access road. Lot lines shall be laid out so as not to cross municipal boundary lines.
(5) Boundary improvements.
(a) The subdivider shall have placed, under the supervision of a registered land surveyor, concrete monuments four inches square or four inches in diameter and 40 inches long with an iron pipe cast in the center, at each corner or angle of the ultimate outside boundary. They shall be set following grading of each phase of the subdivision.
(b) The subdivider shall have placed, under the supervision of a registered land surveyor, pipes or steel rods, three-fourths of an inch in diameter by 30 inches in length at the corners of each lot. They shall be set prior to the issuance of any building permit.
(6) Character of the land. Land which the Commission finds to be unsuitable for subdivision or development because of flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements or other features which might 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 Commission, upon recommendation of the County Engineer, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for such uses permitted by the Zoning Ordinance as shall not involve any such danger.
(7) 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 Commission shall have final authority to designate the name of the subdivision which shall be determined at the time of primary approval.