§ 157.046  LOT IMPROVEMENTS.
   (A)   Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties for reasons of topography or other conditions in securing improvement locations permits to build on each of the created lots in compliance with the Zoning Ordinance and Health Regulations and in providing driveway access to buildings on such lots from the appropriate approved street.
   (B)   Lot dimensions. Lot dimensions shall comply with the minimum standards in the Zoning Ordinance. Where lots are more than double the minimum required area for the zoning district, the Plan Commission may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve all such potential lots in compliance with the Zoning Ordinance and these regulations. In general, side lot lines shall be at right angles to the 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 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 all of the off-street parking and loading facilities required for the type of use and development contemplated, as established in the Zoning Ordinance.
   (C)   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 for the separation of residential development from the traffic on bordering arterials or to overcome specific disadvantages of topography and orientation affecting the subdivided lots.
      (2)   Access from primary and secondary arterials.
         (a)   Lots shall not, in general, derive access from a primary or secondary arterial street. Where driveway access from a primary or secondary arterial street may be the only possible access for several adjoining lots, the Plan Commission may require that such lots be served by a combined access drive in order to limit possible traffic hazards from multiple access to such streets.
         (b)   Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on primary or secondary arterials.
   (D)   Soil preservation, grading and seeding.
      (1)   Soil preservation and final grading.
         (a)   No certificates of occupancy shall be issued until final grading has been completed in accordance with the approved construction plans and the lot covered with top soil having an average depth of at least six inches which shall contain no particles over two inches in diameter over that portion not covered by buildings or included in streets, or where the grade has not been changed or natural vegetation seriously damaged. Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least six inches of cover in those areas between the sidewalks and curbs, and shall be stabilized by seeding or planting.
         (b)   Any lot in excess of one acre will be required to comply with all State and Federal erosion control measures.
      (2)   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 water drainage pattern for the area. Drainage shall be designed so as to avoid the accumulation of storm water on any one or more lots from adjacent lots. It shall be the responsibility of the lot owner to maintain the lot grade, as it applies to drainage, as provided for in the approved construction plans.
      (3)   Lawn-grass seed and sod.
         (a)   Lawn-grass seed shall be sown at not less than four pounds to each 1,000 square feet of land area. The seed to be sown shall be consistent with the season of the year when the property is completed. The seed shall consist of a combination of quick germinating annual and slower germinating permanent grass that will assure coverage of the entire lot that is not covered by buildings or other structures. All seed shall have been tested for germination within one year of the date of seeding, and the date of testing shall be on the label. All lots shall be seeded from the roadside edge of the unpaved right-of-way to the back property line. No certificate of occupancy shall be issued until spreading of top soil and seeding of lawn has been completed. In the event that construction is completed under weather conditions that make seeding impossible, the applicant shall submit an agreement in writing signed by the developer and the property owner, with a copy to the Plan Commission, that spreading of top soil an seeding of the lawn will be done immediately upon the end of the particular weather conditions, and leave a cash escrow for performance in such amount as shall be determined by the Plan Commission. Sod may be used to comply with any requirement of seeding set forth herein.
         (b)   The developer and/or builder is responsible for assuring that a reasonable grass cover is established as soon as practical but in any event within 12 months following substantial completion of the construction.
   (E)   Debris and waste. No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish, or other waste material of any kind shall be buried in any land, or left or deposited on any lot or street at the time of occupancy within a subdivision, not shall any be left or deposited in any area of the subdivision at the time of expiration of the performance bond or dedication of public improvements, whichever is sooner.
   (F)   Fencing. Each subdivider and/or developer shall be required to furnish and install fences wherever the Plan Commission determines that a hazardous condition may exist. The fences shall be constructed according to standards established by the Town Engineer and shall be noted as to height and material on the final plat. No certificate of occupancy shall be issued until said fence improvements have been duly installed.
   (G)   Bodies of water 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 fees of adjacent lots. The Plan Commission may approve an alternative allocation of interests whereby the ownership of and responsibility for safe maintenance of the water body is so placed that it will not become a local government responsibility. No part of the minimum area of a lot required under the Zoning Ordinance may be satisfied by land which is under water. Where a watercourse separates the buildable area of a lot from the street from which it has access, provisions shall be made for installation of a culvert or other structure, of a design approved by the Town Engineer.
   (H)   Performance bond to include lot improvement. The performance bond shall include an amount to guarantee completion of all requirements contained in Section 4.2 of these regulations including, but not limited to, soil preservation, final grading, lot drainage, lawn-grass seeding, removal of debris and waste, fencing, and all other lot improvements required by the Plan Commission. Whether or not a certificate of occupancy has been issued, at the expiration of the performance bond, the Town of Cloverdale may enforce the provisions of the bond where compliance with the provisions of this section or any other applicable law, ordinance, or regulation has not occurred. (See also § 157.090(B)(4) for an alternative to the Performance Bond).
(Ord. 2011-07, passed  - - )