(2) Open-section construction, as specified in the Design Manual, may be utilized when the lot frontage is at least 80 feet and the minimum lot size is at least 15,000 square feet. Closed-section construction, as specified in the Design Manual, shall be utilized where single-family attached, 2 family and multifamily developments are proposed and where the lot frontage is less than 80 feet or the minimum lot size is less than 15,000 square feet. Closed-section construction may also be required by the Planning Commission where it would be desirable to continue closed-section construction that is existing or proposed in adjoining developments.
(3) Sidewalks.
(a) When designated, the minimum sidewalk width shall be 4 feet. In a typical subdivision, sidewalks have the following function:
1. Providing for maximum safety of children playing on their block;
2. Protection of children walking to and from schools and neighborhood parks;
3. Providing for adults to walk to and from neighborhood shopping and transit stops (if any);
4. Providing for adults and children a safe pedestrian travelway to community buildings and facilities;
5. Providing for interconnection between subdivisions and other uses.
(b) Sidewalks shall ordinarily be provided along streets used for pedestrian access to schools, parks, community facilities, shopping areas and transit stops. Paved sidewalks shall also be provided within pedestrianways giving midblock access to these types of generators. Wider sidewalks may be considered next to higher density pedestrian generators, such as schools, transit stops and churches. For all closed-section roads (with curbs), sidewalks will be provided on both sides of the road. In open-sections, a minimum of 1 sidewalk on 1 side of the road will be provided, except in R-1 density.
(c) Depending on appurtenance placement, a meandering of the sidewalk placement within the border area may be considered. In appropriate circumstances, sidewalks may be outside the right-of-way, if such alignment is more visually appealing or allows for the saving of trees or major plantings, avoids rock outcroppings, and the like. However, this shall not be regarded as a justification for locating long sections of walk near the street edge.
(B) The subdivider shall provide for the complete construction of sidewalks in developments where 2 family and multifamily are proposed and in developments where the median lot size for single-family developments is less than 10,000 square feet. Sidewalks shall be installed on both sides of all internal streets and on one side of all streets that run along the boundary of the development. The Planning Commission may also require sidewalks in the following situations:
(1) Where median lot sizes are 10,000 square feet or greater, and the character of the neighborhood is such that they are considered necessary;
(2) If it would be desirable to continue sidewalks that are existing in adjoining developments; or
(3) To provide access to community facilities such as schools, shopping areas, and recreation areas. All required sidewalks shall be constructed in accordance with the specifications of the Design Manual and shall be maintained by the adjoining lot owner, a homeowners’ association or similar organization.
(C) The developer shall be required to repair damage to county roads, drainage facilities, curbs, gutters, and sidewalks as a result of grading and construction activities in the subdivision.
(D) The developer of subdivisions utilizing (private) common driveways (as in double panhandle lots) shall provide for the complete construction of the common driveway in accordance with the plat and in accordance with the following.
(1) No more than 5 proposed lots and the remainder may be served from a common entrance or driveway. A remainder utilizing a common driveway cannot be further subdivided unless another point of access is provided for any additional lots off of the remainder and this restriction must be noted on the plat.
(2) When a common driveway is to be utilized for 2 to 4 lots (including lots of record and remainders) a minimum 12 foot travelway width shall be provided. A travelway width of up to 16 feet may be required in accordance with the County Fire Code.
(3) When 5 or more lots (generated from either a minor subdivision proposal or a combination of proposed new lots, the remainder, and lots of record) will utilize a common driveway, a 16 foot travelway width shall be provided. When 6 or more new lots are proposed (excluding the remainder), a common driveway is not permitted and a standard public road system must be utilized.
(4) A common driveway must be constructed with the above-described travelway widths, but may be reduced in width where only one lot is being served and when permitted by the County Fire Code.
(5) The material of the common driveway (not including the apron) may be stone or asphalt. (Material for the apron must meet the requirements of the entrance permit.)
(6) Common driveways must be used in the following cases:
(a) Where adjoining panhandle portions are 300 feet or greater in length;
(b) Where adjoining panhandles cross floodplains or Class IV or larger streams; or
(c) Where use of a common driveway will eliminate or limit the impact to a waterbody buffer in accordance with § 1-19-9.400 of the zoning ordinance;
In other cases, the use of a common driveway is at the discretion of the subdivider.
(7) Where multiple single driveway aprons cannot be constructed and meet entrance spacing requirements, a common driveway apron must be constructed.
(8) When common driveways are to be used, they must be built before final plat recordation, unless this requirement is waived by the Division, in which case a guarantee must be posted.
(9) All common driveways must comply with the County Fire Code.
(10) Easement(s) granting the right of ingress and egress to all the lots and parcels approved to utilize the common driveway which includes maintenance provisions must be recorded in the land records and referenced on the subdivision plat prior to plat recordation.
(11) For existing plats of record:
(a) The owner of a lot or a remainder parcel shown on the original plat of record may request approval to access and use the common driveway of the minor subdivision, if the following conditions are satisfied: Use by the lot or remainder will not result in the total number of lots or parcels served by the common driveway to exceed 6;
(b) The common driveway width complies with the requirements of this subsection based upon the increased number of lots or parcels served;
(c) A correction plat is submitted by the owner of the lot or remainder parcel sought to be served by the common driveway, which references the original recorded minor subdivision plat, with notes including restriction of further subdivision of a remainder; and
(d) All owners and those having an interest in every lot shown on the original recorded plat (including lienholders) must execute the easement required to be recorded pursuant to subsection 10 above, and the revised plat prior to recordation.
(1959 Code, § 38A-55) (Ord. 76-1-61, 1-12-1976; Ord. 92-14-049, 7-7-1992; Ord. 94-11-106, 6-21-1994; Ord. 96-06-158, 3-12-1996; Ord. 97-02-180, 1-21-1997; Ord. 10-23-558, 10-19-2010; Ord. 14-23-678, 11-13-2014; Bill No. 22-18, 10-25-2022)