(A) Conformity with Dilworth's Comprehensive Plan and Zoning Ordinance. A proposed subdivision must conform to the city's Comprehensive Plan, or similar document, growth area plans, neighborhood plans, related policies adopted by the City Council, and to the Zoning Ordinance.
(B) Land requirements.
(1) Land should be suited to the purpose for which it is to be subdivided. No plan will be approved if the site is not suitable for the purposes proposed by reason of potential flooding, topography, or adverse soil.
(2) Land subject to hazards to life, health, or property will not be subdivided until all such hazards have been eliminated or unless adequate safeguards against such hazards are provided by the subdivision plan.
(3) Proposed subdivisions will be coordinated with surrounding jurisdictions and/or neighborhoods, so that the city as a whole may develop efficiently and harmoniously.
(C) Blocks.
(1) Accommodation. Block length and width or acreage within bounding streets must accommodate the size of residential lots required in the area by the Zoning Ordinance and to provide for convenient access, circulation control, and safety of street traffic.
(2) Block length. In general, intersecting streets should be provided at such intervals so as to serve cross traffic adequately and to meet existing streets. Where no existing plats control, the blocks in residential subdivisions should not exceed 1,200 feet nor be less than 300 feet in length, except where topography or other conditions justify a departure from this minimum.
(3) Block width. The width of the block should normally be sufficient to allow two tiers of lots of minimum depth as required by the Zoning Ordinance except adjoining a lake, stream, river, railroad or arterial, or where one tier or lot is necessary because of topographic conditions. Blocks intended for business or industrial uses should be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking, deliveries, and loading. Such facilities should be provided with safe and convenient limited access to the street system.
(D) Lots.
(1) Area. The minimum lot area, width, and depth should not be less than that established by the city Zoning Ordinance in effect at the time of adoption of the final plat.
(2) Side lot lines. Side lines of lots should be at perpendicular to street lines, radial to curved street lines, or radial to accommodate site specific topographic conditions.
(3) Frontage on two streets. Double frontage, or lots with frontage on two parallel or nonintersecting streets should not be permitted, except where lots back on arterial streets or highways, or where topographic or other conditions render subdividing otherwise unreasonable.
(4) Driveway restrictions. In the case where a proposed plat is adjacent to a limited access highway, other major highway, principal or minor arterial streets, no direct vehicular access from individual lots to such streets and roads will be permitted.
(E) Streets.
(1) Conformance. Proposed streets must conform to state, metropolitan, and county highway plans which have been prepared, adopted and/or filed as prescribed by law.
(2) Topography. Streets should be logically related to the topography, so as to produce usable lots and reasonable grades.
(3) Access. Access must be given to all lots and portions of the tract in a subdivision and to adjacent unsubdivided parcels, unless the topography clearly indicates that such connection is not feasible. Reserved strips and landlocked areas must not be created.
(4) Continuation. The arrangement of streets in new subdivisions should make provision for the appropriate continuation of existing streets in adjoining areas.
(5) Projection. Where adjoining areas are not subdivided, but in the future may be subdivided, the arrangement of streets in a new subdivision should make provision for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate locations. A temporary turnaround facility may be required at the closed end, in conformance with cul-de-sac size requirements. Temporary facilities will not require curb and gutter and the construction standards will be established by the City Engineer.
(6) Arrangement. The arrangement of arterial and collector streets should be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of stormwater, to public convenience and safety and in their appropriate relation to the proposed uses of the area to be served.
(7) Provisions for resubdivision of large lots and parcels. When a tract is subdivided into larger than normal building lots or parcels which have the potential for further subdivision, such lots or parcels should be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision.
(8) Dead ends. Dead end streets will be prohibited, except as stated in this section.
(9) Private streets. Private streets are prohibited, except in the case of a Planned Unit Development and/or approval of the City Council. No public street improvement will be approved for any private street.
(10) Service streets. Where a subdivision abuts or contains an existing or planned major arterial or a railroad right-of-way, a street approximately parallel to and on each side of such arterial and right-of-way may be required for adequate protection of residential properties and separation of through and local traffic. Such service streets must be located at a distance from the major arterial or railroad right-of-way suitable for appropriate use of the intervening land, as for park purposes in residential districts, or for commercial and industrial purposes in appropriate districts. Such distances should be determined with due regard for the requirements of approach grades and future grade separations.
(11) Design. The street design should not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it.
(12) Cul-de-sac streets. Cul-de-sac streets permanently designed as such, must not exceed 600 feet in length, including a terminal turnaround which must be provided at the closed end, with a right-of-way radius of not less than 60 feet. The length will be measured along the centerline from the nearest intersection to the center point of the cul-de-sac.
(F) Street design.
(1) Widths. Street right-of-way widths will be as determined in the Comprehensive Plan and on the official street map, and where applicable, must conform to county and state standards for trunk highways. In cases where no standard is provided, the following standards will apply:
Paved curb to curb width (minimum) in feet | Right-of-way width (minimum) in feet |
Paved curb to curb width (minimum) in feet | Right-of-way width (minimum) in feet | |
All uses: | ||
Minor arterial | 40 | 120 |
Collector | 28 | 76 - 80 |
Local collector, parking on both sides of street | 38 | 80 |
Local collector, parking on one side of street | 32 | 80 |
Local collector, no on-street parking | 26 | 80 |
Cul-de-sac turnaround | 40 foot radius | 60 foot radius |
Marginal access/frontage road | 26 | 50 |
Residential uses: | ||
Multiple-family local, parking both sides of street | 38 | 70 |
Multiple-family local, parking one side of street | 32 | 60 |
Single-family local, parking on both sides of street | 36 | 66 |
Single-family local, parking on one side of street | 30 | 60 |
Single-family local, no on-street parking | 26 | 50 |
(2) Street intersections. Insofar as practical, streets should intersect at right angles. In no case will the angle formed by the intersection of two streets be less than 75 degrees or more than 105 degrees. Intersections having more than four corners will be prohibited.
(3) Tangents. A tangent of at least 100 feet must be introduced between reverse curves on arterial and collector streets.
(4) Deflections. When connecting street lines deflect from each other at one point by more than ten degrees, they should normally be connected by a curve with a radius adequate to ensure a sight distance of not less than 500 feet for arterials, 300 feet for collectors, and 200 feet for all other streets. The Planning Commission may allow greater or lesser sight distances.
(5) Street intersection jogs. Street intersection jogs with centerline offsets of less than 150 feet are prohibited.
(6) Access to principal arterials. Full access to such principal arterials should normally be at intervals of not less than one-half mile and through existing and established crossroads where possible. Conditional access may be allowed at intervals of not less than one-fourth mile.
(7) Access to minor arterials. Full access to such minor arterials should normally be at intervals of not less than one-fourth mile and through existing and established crossroads where possible. Conditional access may be allowed at intervals of not less than one-eighth mile.
(8) Access to collectors. Full access to such collectors should normally be at intervals of not less than one-eighth mile and through existing and established crossroads where possible.
(9) Access to local collectors. Full access to such local collectors should normally be at intervals of not less than 330 feet.
(10) General access. Access to principal arterials in the urban core. Access to such roadways may be granted at the discretion of the City Engineer at intervals of not less than 300 feet to 660 feet.
(11) Platting of small tracts. In the platting of small tracts of land fronting on a principal arterial, minor arterial, or collector where there is no convenient access to existing entrances and where access from such plat would be closer than one-fourth mile from an existing access point, a temporary entrance permit may be granted. Provision will be made in such plats for the connection of roads to neighboring land. As the neighboring land is platted and developed and access becomes possible at a preferred location, such temporary entrance permits will become void at the discretion of the city.
(12) Half streets. Half streets are prohibited except where it will be practical to require the dedication of the other half when the adjoining property is subdivided, in which case the dedication of a half street may be permitted. The probable length of time elapsing before dedication of the remainder must be considered in this decision.
(13) Inadequate street width. Where a subdivision abuts or contains an existing street of inadequate width, sufficient additional width will be provided to meet the above standards.
(14) Additional width. Additional right-of-way and roadway widths may be required to promote public safety and convenience when special conditions require it.
(15) Corner radii. Roadways of street intersections will be rounded by a radius of not less than 20 feet. Corners at entrances to the turnaround portions of cul-de-sacs must be rounded by a radius of not less than 20 feet.
(16) Curb and gutter. Concrete curb and gutter will be included as part of the required street surface improvement and will be designed for installation along both sides of all roadways. With the exception of multiple-family development, mountable curbing may be allowed with residential subdivisions. Barrier curb and gutter will be required in multiple-family, commercial, and industrial subdivisions.
(17) Street designation. Whenever practical, streets and avenues will be designated numerically. The following policies may be generally applied when designating awkward street and avenue configurations:
(a) Cul-de-sacs less than 300 feet will assume the designation of the street or avenue they abut; and
(b) Loops must be designated avenues, streets, or a combination of both, depending on the depth of the configuration. Generally, the longer the length or depth, the greater the applicability for a separate street and avenue designation. For short loops, the word "circle" must be used to indicate the configuration. Upon approval of the City Council, streets may be named when such streets are not through streets; and
(c) No street names will be used that duplicate or may be confused with the names of existing streets, unless a new street is a continuation of or in alignment with the existing or platted street. In that event, it must bear the same name of the existing or platted street. Street names must conform to the city's street naming and property numbering system as applicable.
(18) Minimum standards. Private streets, at a minimum, must be designed to provide 24 feet of access lanes and be constructed in accordance to design specifications by the City Engineer for required strength and durability.
(G) Alleys.
(1) Alleys shall be constructed in accordance to the grade, width, and slope established by the City Engineer.
(2) Location permitted. Alleys or service drives may be provided in commercial and industrial districts.
(3) Surfacing. All alleys must be hard surfaced with concrete or asphalt, with concrete valley gutter.
(H) Sidewalks.
(1) All new subdivisions within the city shall provide sidewalks on both sides of all arterial, collector, local and cul-de-sac streets. A developer, in connection with the platting of a new subdivision or replatting a subdivision, shall submit a sidewalk plan for approval by the Planning Commission and City Council, which shall be incorporated into a developer's agreement for that plat.
(2) A sidewalk plan may be submitted by the developer which illustrates the placement of sidewalks on one side of a street or areas with no sidewalks. Factors that the Planning Commission and City Council shall consider include, but are not limited to:
(a) The expected population density of the area;
(b) The location of pedestrian traffic generators within walking distance;
(c) The relationship of the subdivision to adjacent existing and projected land uses;
(d) Design of the subdivision for which sidewalks are required; and
(e) Existing and/or planned sidewalk connections adjacent to the subdivision.
(3) All sidewalks proposed for a subdivision must conform to the standards outlined in § 154.08(C).
(I) Bike paths. Bike paths will be required for those subdivisions within the city where such need has been identified within the Metropolitan Bicycle and Pedestrian Plan or within an applicable growth area plan.
(J) Boulevard trees. All subdivisions within the city will be required to provide boulevard trees in conformance with the city's Tree Ordinance and Sidewalk Plan.
(K) Wastewater disposal and storm drainage for areas without central or public services.
(1) On-site sewer system. In areas being platted without central or public sewers, the on-site sewer system, including the size and relative location of same, must be in conformance with county, township, state, and federal requirements including any FEMA rules and regulations pertinent to site sewer and water. When such requirements conflict, the most restrictive will apply. Subdivisions and/or developments utilizing on-site wastewater systems are required to connect to public facilities in accordance with this code, and pay any proportionate costs or applicable fees, when such facilities become available.
(2) Stormwater drainage facilities. Stormwater drainage facilities, where required, must be designed to convey the flow of surface waters without damage to persons or property. The system must ensure drainage at all points along streets, and provide positive drainage away from buildings to accommodate frequent floods. Drainage plans must be consistent with local and regional drainage plans. The facilities must be designed to protect against surface erosion and siltation of surface water and to prevent the discharge of excess runoff onto adjacent properties.
(L) Drainage. A complete and adequate drainage system design approved by the City Engineer will be required for all subdivisions and may include a storm sewer system or system of open ditches, culverts, pipes, catch basins and ponding areas, or a combination thereof.
(M) Easements.
(1) All easements must be dedicated by appropriate language on the final plat as required by law and provisions of this title.
(2) Utility easements. Easements of a minimum of ten feet wide centered on rear and other lot lines, must be provided for public and private utilities where necessary. When it is not practical to center easements, the fully required easement width may be required along one property line. Aid easements must have continuity of alignment from block to block. The easements, when approved, must not thereafter be changed without the approval of the City Council pursuant to the city charter, as may be amended.
(3) Drainage. Easements must be provided along each side of the centerline of any natural watercourse or drainage channel to a width sufficient to provide proper maintenance and protection and to provide for stormwater runoff. Where necessary, drainage easements corresponding with lot lines must be provided. Such easements for drainage purposes will not be less than 20 feet in width or a width equal to the required side yard setback established by the respective zoning district in which the property is located, whichever is least.
(4) Sight. Sight easements beyond required zoning setback regulations may be required by the city and state Department of Transportation to protect major intersections on the state trunk highway system, on arterial and collector streets, and at the intersection of railroad crossings.
(N) Protected areas. Where land proposed for subdivision is deemed environmentally sensitive by the city due to the existence of wetlands, drainageways, watercourses, and/or floodable areas, the design of said subdivision must clearly reflect all necessary measures of protection to ensure against adverse environmental impact. Based upon the necessity to control and maintain certain sensitive areas, the city will determine whether said protection will be accomplished through lot enlargement and redesign or dedication of those sensitive areas in the form of outlots. In general, measures of protection must include design solutions which allow for construction and grading involving a minimum of alteration to sensitive areas. Where these areas are to be incorporated into lots within the proposed subdivision, the applicant will be required to demonstrate that the proposed design will not require construction on slopes over 18%, or result in significant alteration to the natural drainage system such that adverse impacts cannot be contained within the plat boundary.
(O) Park land dedication requirements.
(1) General requirements.
(a) Because new residential development increases the population of the community and demand on the parks system, as a prerequisite to residential plat approval and at the sole determination by the city, applicants must dedicate land for parks, playgrounds, public open spaces, trails or bikeways, and/or must make a cash in lieu of dedication to the city.
(b) City staff will confer with the Park Board, at the time the preliminary plat is under consideration, to secure their recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds, or other public property. Such contribution requirement recommendation(s) will be sent to the Planning Commission for review and comment and subsequently to the City Council for their approval.
(c) Park land and open space dedication shall be considered in relation to the city Comprehensive Plan, growth area plans, and parks master plan, should such planning documents exist at the time of plat, or is as determined to be in the best interest of the city.
(d) Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas may be used for credit, at the discretion of the city, against the requirement of dedication for park and recreation purposes provided, the city finds it is in the public interest to do so.
(e) The city may elect at its sole discretion to receive a combination of cash and land dedication.
(f) During preliminary plat submission the applicant must provide the city with the number and type of residential units which will occupy the platted area. If during development the number or type of units are altered, the applicant will be required to make a cash dedication to account for the increased density of the project. However, if the number of units are decreased, the applicant will not be refunded that amount of cash or land dedicated during original plat approval.
(g) Property being replatted with the same number of units will be exempt from all park land dedication requirements. If the number of units is increased or if land outside the previously recorded plat is added, then the park land dedication and/or park cash contributions will be based on the additional units added to the plat.
(2) Park land dedication.
(a) In all new residential subdivisions, land must be dedicated for public recreation use or open space as established by the City Council. The dedicated land must be in addition to property dedicated for streets, alleys, easements, water detention, or other public ways unless otherwise provided herein. The amount of land dedicated will be based on the type of development according to the following:
Type of Dwelling Unit | Minimum Area Dedicated per Dwelling Unit |
Single or two-family | 930 |
Multiple-family | 670 |
(b) Land to be dedicated must be reasonably suitable for its intended use as determined by the city and must be at a location convenient to the public to be served. Factors used in evaluating the adequacy of proposed park and recreation areas must include size, shape, topography, geology, hydrology, tree cover, access, and location.
(c) When land is dedicated and deeded to the city for park purposes, it will be the responsibility of the city to maintain such dedicated property.
(d) Land dedication to the city must be in the form of outlots.
(e) The preliminary plan must show the location and dimensions of all areas to be dedicated in this manner.
(f) When a proposed park, playground, recreational area, or other public ground has been indicated on the city's official Map, within the Comprehensive Plan, Growth Area Plan, or Park Master Plan and is located in whole or in part within a proposed plat, it must be dedicated to the appropriate governmental unit, at the sole discretion of the city.
(g) Land area conveyed or dedicated to the city will be used in calculating allowable density per the city Zoning Ordinance.
(h) Wetlands, ponding areas, and drainageways accepted by the city may not be considered in the park land and/or cash contribution to the city, where such areas have been determined to have a park function, as approved by the City Council.
(3) Payment in lieu of dedication.
(a) When, in the opinion of the city and at its sole discretion, it is impractical, inappropriate, and/or in the best interest of the city for a subdivision to not make a dedication of land for public use or make only a partial dedication of land, the applicant will be required to pay a cash fee based on the type and number of dwelling units. Cash payments in lieu of parkland dedication will be made in accordance with the following:
Type of Dwelling Unit | Minimum Amount of Cash Dedicated per Dwelling Unit |
Single or two-family | $650 |
Multiple-family | $450 |
(b) Park cash contributions are to be calculated and paid in full at the time of final plat approval.
(c) Cash contributions for parks and trails will be deposited in either the city's Park Fund or similar fund and will only be used for acquisition and development of future parks and trails or development of existing sites as determined by the city. Additionally, to the extent possible, said funds should be utilized in a timely manner within a benefitting area to the development.
(d) Purchase and assessment of park land. The requirement for park land dedication or payment in lieu of dedication may be waived by the city when an agreement incorporated into a developer's agreement has been executed between the city and developer. Such agreement must require the developer to petition for park improvements to be assessed against the property owned by the developer, which may include property outside the current plat. The agreement must set forth the land to be purchased by the city for park purposes and the purchase price for the land. In addition, the agreement must set forth the general type of improvements to be included in the petition for park improvements, as well as the maximum amount of money that may be assessed. Such maximum amount may be based on a sliding scale based on the density of the development. The city may enter into such an agreement only if the City Council determines that such an agreement results in a more favorable result to the city than the imposition of the standard park land dedication or payment in lieu of dedication requirements.
(P) Dedication of stormwater retention areas. Upon approval by the Council, the applicant may be required to dedicate to the public up to 6% of the land proposed to be subdivided for stormwater retention areas. The 6% dedication may be considered in addition to the park land dedication required by division (O) of this section. Additional land may be required for stormwater facilities as identified in an approved growth area plan, storm water master plan, or to satisfy the requirements of the Stormwater Ordinance.
(Q) Other requirements. The design features set forth in this chapter are minimum requirements. The city may impose additional or more stringent requirements concerning lot sizes, streets, and overall design as deemed appropriate considering the property being subdivided based upon site considerations and the Dilworth Comprehensive Plan.
(Ord. passed - -)