§ 148-8 IMPROVEMENTS.
   (A)   Required improvements.
      (1)   The subdivider shall be required to provide and install, or to enter into agreements to provide and install, certain minimum improvements in the subdivision as a condition for approval of the final plat by the Planning Commission. All required improvements shall be constructed in accordance with the minimum requirements of these regulations and the construction standards and specifications adopted by the Mayor and Council or other governmental agency as may have jurisdiction over a particular improvement. Nothing contained herein, however, shall be construed as prohibiting the subdivider from installing improvements meeting higher standards than the minimum requirements.
      (2)   Prior to filing the final plat with the Planning Commission, the required improvements shall be completed, inspected, and approved by the proper authorities, except that in lieu of completing all improvements prior to submission of the final plat, the subdivider may furnish the Mayor and Council with a cash deposit or a secured line of credit or a performance bond executed by a surety company and running to the town. The cash deposit or performance bond shall be in an amount sufficient to cover the cost of the improvements required to be installed by the subdivider, thereby ensuring the actual construction and installation of the improvements prior to, and in no case later than, the time that the improvements are needed to serve buildings placed on abutting lots. The cost of required improvements shall be estimated by the Engineer or other authority having jurisdiction. In the event of a dispute concerning the amount of cash deposit or bond required, the Mayor and Council shall make the final decision based upon at least two additional cost estimates.
   (B)   Minimum requirements. The minimum requirements for the installation of improvements in subdivisions shall be as follows.
      (1)   Roads and streets.
         (a)   All new roads and streets shall be constructed in accordance with the minimum requirements of these regulations and the minimum construction standards adopted by the Mayor and Council. Existing roads and streets which do not meet these specifications with regard to width or type of construction shall be widened and brought into conformity on that portion of the road or street within or adjoining the subdivision; and
         (b)   The roadbed and roadway wearing surface shall be constructed in accordance with applicable town standards. Curbs and gutters shall be provided in all subdivisions where the average lot area is less than one acre. Where curbs and gutters are not required, stabilized shoulders and stabilized drainageways outside the shoulders shall be provided. Street name signs of an approved design shall be erected at each new street or road intersection.
      (2)   Surface drainage facilities. The subdivision shall be provided with storm drains, culverts, drainageways, or other works as are necessary to collect and dispose of surface and stormwater originating on or flowing across the subdivision in order to prevent inundation and damage to streets, lots, and buildings.
      (3)   Water supply facilities. Every subdivision shall require a public water supply under the regulations of the state Department of Health. Where a public source of water supply will not be available, private on-site sources of water supply approved by the Health Officer shall be provided.
      (4)   Sanitary sewerage facilities. Every subdivision shall require a public sewer system under the regulations of the state Department of Health.
      (5)   Plantings.
         (a)   Street trees and other landscaping shall be required by the Planning Commission on all new streets and parking lots of over five cars. The proposed location and the species of plant material to be used shall be subject to approval of the Planning Commission.
         (b)   It will be the responsibility of the developer to landscape all public rights-of-way which are contained in the proposed development. A minimum of one tree per each 35 feet of linear roadway will be required. The preservation of existing trees along the right-of-way will compensate for the required new plantings.
         (c)   All parking areas shall be landscaped with trees planted at a rate of not less than one tree per 2,500 square feet of gross parking area.
      (6)   Sidewalks.
         (a)   The minimum width of sidewalks shall be four feet along all streets. The prepared subgrade shall consist of a four-inch insulation course of stone or gravel. This material shall be compacted thoroughly.
         (b)   The thickness of the concrete placed over the prepared subgrade shall be at least four inches for standard sidewalks and eight inches for all sidewalks which cross private driveways.
         (c)   Sidewalks shall be required on all streets, shall be placed on at least one side of any road and may, at the discretion of the Planning Commission, be required on both sides of the street.
      (7)   Streetlighting. The subdivider shall make application to the Planning Commission and Town Engineer for necessary streetlights. Purchase and installation of the required lighting shall be the responsibility of the subdivider.
      (8)   Community facilities. All residential plans submitted to the Planning Commission, preliminary or final, will be referred to the county Department of Education for an advisory report and recommendation. The Department of Education will determine the projected school population anticipated from the subject development and compare the future school-age population to existing and proposed school capacities in determining whether that agency can endorse the development.
      (9)   Public utilities. The subdivider shall place or cause to be placed underground extensions of electric and telephone distribution lines necessary to furnish permanent residential electric and telephone service to new detached, semidetached, group, or townhouse single-family residences within a new residential subdivision, or to new apartment buildings in accordance with rules and regulations of the Public Service Commission of the state, effective July 1, 1968, and subject to the further order of that Commission.
      (10)   Off-street parking.
         (a)   Applicability. Every subdivision plan which shall be submitted to the Planning Commission for approval shall provide off-street parking space and facilities in accordance with the requirements of the town zoning ordinance.
         (b)   Design.
            1.   Parking spaces and all access and maneuvering space for off-street parking shall be surfaced and maintained with a dustless, all weather material, except for single-family and two-family dwellings.
            2.   Every parking facility shall have a safe and efficient means of vehicular access to a recorded street.
            3.   No driveway serving a parking facility shall be closer than five feet from a side property line.
            4.   No motor vehicle shall be parked in any yard or court closer than ten feet to any door, window, or other opening of a dwelling, institution, or other property.
            5.   In the design of off-street facilities for multiple dwellings, the public right-of-way shall not be obstructed by the use of the same as aisle space or maneuvering space. Each off-street parking facility shall provide sufficient maneuvering space within the boundaries of the lot or lots on which it is located and shall be so designed that no unreasonable difficulty or inconvenience will be entailed in making necessary maneuvers for parking and removing a vehicle. Maneuvers shall not entail driving over any other required parking space. The layout of parking areas shall conform to the minimum dimensions for spaces and accessways.
            6.   Each parking facility shall be so designed that ingress or egress to a parking space entails no backing maneuver across a sidewalk or established footway nor a backing maneuver into or from the public right-of-way.
            7.   Neither the turnaround diameter of a cul-de-sac or a rotary nor the turn slot or a T-type or L-type cul-de-sac shall be used for the parking of vehicles.
            8.   In a multi-family residential subdivision, no parking area shall exceed 108 feet in length, and no portion of a motor vehicle shall be closer than 20 feet from the right-of-way line of a public street.
            9.   Any fixture used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjacent residential sites, institutional sites, and public roads.
            10.   Off-street parking facilities shall be screened by a wall, fence, or compact planting when adjoining the side or rear lot line. Screening shall be at least three and one-half feet high. Screening shall not be so placed or maintained as to constitute a traffic hazard by obstruction of visibility.
            11.   Entrances from public or private streets shall conform to the following dimensions.
               a.   One-way traffic entrances shall be not less than 17 feet in width.
               b.   Two-way traffic entrances shall be not less than 24 feet nor more than 35 feet in width, and the entrances shall be not less than 15 feet apart.
               c.   Monumental entrances shall be provided with a six-foot-wide median, and the traffic lanes shall not be less than 17 feet in width.
               d.   All entrances shall be not less than seven and one-half feet from a side lot line.
      (11)   Refuse collection.
         (a)   In a residential subdivision, if refuse is to be collected at points exterior to a structure, the points shall be shielded from view on three sides by screening and landscaping and placed on a pad of concrete where necessary.
         (b)   In a residential subdivision, if refuse is to be collected at points within a structure, the marginal notes to the subdivision plan shall so indicate.
         (c)   In a commercial or industrial subdivision, refuse storage and collection points shall be housed in containers and shielded from view by screening and/or landscaping.
         (d)   The developer shall submit a resume of refuse collection.
      (12)   Street signs.
         (a)   Improvements required. The subdivider shall erect at every intersection a street sign or street signs having thereon the names of the intersecting streets. At intersections where streets cross, there shall be at least two street signs, and at the intersections where one street ends or joins with another street, there shall be at least one street sign.
         (b)   Construction standards.
            1.   Street nameplates shall be of metal construction, all corners shall be rounded, and the lettering shall be of standard proportions and spacing in accordance with one of the alphabets used by the United States Bureau of Public Roads. The plates shall be horizontal. The lower edge of the nameplate shall be seven feet above the ground level or curb. The nameplate shall be attached by rustproof metal fasteners.
            2.   The standard shall be of rustproof metal and shall be of sufficient length to permit the same to be embedded in the ground a distance of not less than three feet. The standard shall be embedded in a concrete base for a depth of not less than three feet below the surface of the ground and not less than 12 inches in diameter. The standard shall be heavy wall pipe not less than two and one-half inches in diameter. The pipe shall be capped.
      (13)   Reference monuments.
         (a)   Permanent reference monuments constructed of stone or concrete and at least 30 inches in length and four inches square with suitable center point shall be set flush with the finished grade at the locations as may be required by the Planning Commission and the laws of the state.
         (b)   Monuments of metal pipe, three-fourths inches in diameter and at least 18 inches in length, shall be set in place flush with the finished grade at all intersections of streets, at all intersections of streets and alleys with subdivision boundary lines, at all points on streets, alleys and boundary lines where there is a change in direction or curvature, and at all lot corners.
   (C)   Improvement plans. Plans, profiles, and specifications for the required improvements shall be prepared by the subdivider and submitted for approval by the appropriate public authorities prior to construction. Plans and profiles shall be drawn to a horizontal scale of one inch to 100 feet or less, and a vertical scale of one inch to 20 feet or less, unless the Engineer shall specify otherwise, and the plans and profiles shall be sufficiently detailed to show the proposed location, size, type, grade, and general design features of each proposed improvement. The plans, profiles, and specifications to be submitted shall include the following:
      (1)   Plans and profiles of each street, showing proposed grades and street intersection elevations;
      (2)   Cross sections of proposed streets, showing the width of roadways, present and proposed grade lines, and the location and size of utility mains, taken at intervals of not more than 100 feet along each street center line if required by the Engineer. The cross sections shall extend laterally to the point where the proposed grade intersects the existing grade, except that in no case shall less than the full width of the street right-of-way be shown;
      (3)   Plans and profiles of proposed sanitary sewers and storm drains, with proposed grades and pipe sizes indicated;
      (4)   Plans of the proposed water distribution system, showing pipe sizes and the locations of all valves and fire hydrants;
      (5)   A site plan of proposed street trees and other landscaping improvements; and
      (6)   Written specifications for all proposed improvements.
   (D)   Inspection and acceptance.
      (1)   All construction work on improvements required herein shall be subject to inspection and approval by the Engineer, Health Officer, and other authorized public officials during and upon completion of the construction work. Upon the completion of each improvement, the subdivider shall furnish the appropriate official with accurate and detailed engineering drawings of the improvement as it was actually constructed.
      (2)   The final plat of the subdivision shall not be approved by the Planning Commission until all required improvements shall have been satisfactorily completed and approved as being in compliance herewith or a satisfactory bond posted in lieu of the completion. No bond shall be released until all improvements secured by the bonds shall have been completed and approved as being in compliance herewith; provided, however, that a partial release may be approved for the improvements as may have been completed and approved by appropriate officials.
      (3)   Approval of the final plat by the Planning Commission shall not be deemed to constitute or effect an acceptance by public of the dedication of any street or other proposed public way or public grounds shown on the plat. The jurisdiction involved shall have no obligation to accept and to make public any street in a subdivision unless all required improvements shown on the approved final plat have been constructed in conformity with the required standards and specifications, or a petition, signed by the owners of at least 50% of the frontage of the street in question, which requests that the street be taken over and made public, is filed with the governing body of the jurisdiction involved and it is established by the governing body that there is a need for the street to be taken over and made public. The jurisdiction involved shall have no responsibility with respect to any street within a subdivision, notwithstanding the use of the street by the public, unless the street is accepted by ordinance or resolution of the governing body of the jurisdiction.
   (E)   Sediment control.
      (1)   Nothing in this chapter shall be deemed as relieving any person or corporation of the regulations of the town sediment control ordinance.
      (2)   All subdivision applications must incorporate a sediment control plan prior to final approval of the plat.
(Prior Code, § 148-8) (Ord. passed 5-3-1975)