(A) Lot arrangement. The lot arrangement shall be so that there will be no foreseeable difficulties for reasons of topography or other conditions in securing building permits to build on each of the created lots in compliance with the Zoning Chapter and Health Regulations and in providing driveway access to buildings on lots from the appropriate approved street.
(B) Lot dimensions.
(1) Lot dimensions shall comply with the minimum standards in the Zoning Chapter. Where lots are more than double the minimum required area for the zoning district, the Commission may require that the lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve all potential lots in compliance with the Zoning Chapter and this chapter.
(2) 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 the erection of a building, observing the minimum front yard setback from both streets.
(3) 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-site parking and loading facilities required for the type of use and development contemplated, as established in the Zoning Chapter.
(C) 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.
(D) Access from primary and secondary arterials.
(1) Lots shall not, in general, derive access from a primary or secondary arterial street.
(2) Where driveway access from a primary or secondary arterial street may be the only possible access for several adjoining lots, the Commission may require that the lots be served by a combined access drive in order to limit possible traffic hazards from multiple access to the streets.
(3) Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on primary or secondary arterials.
(E) Soil preservation, grading and seeding.
(1) Soil preservation and final grading. No certificates of occupancy shall be issued until final grading has been completed in accordance with the approved construction plans and the lot recovered with top soil having an average depth of at least 6 inches which shall contain no particles over 2 inches in diameter over the entire area of the lot, except that portion 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 6 inches of cover between the sidewalks and curbs, and shall be stabilized by seeding or planting.
(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 type 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 4 pounds to each 1,000 square feet of land area. The seed shall be sown between March 15 and September 30.
(b) The seed shall consist of a maximum of 10% rye grass by weight and a minimum of 90% perennial grass.
(c) All seed shall have been tested for germination within 1 year of the date of seeding, and the date of testing shall be on the label containing the seed analysis.
(d) All lots shall be seeded from the road side edge of the unpaved right-of-way back to distance of 25 feet behind the principal building on the lot.
(e) No certificate of occupancy shall be issued until respreading of soil and seeding of lawn has been completed; except that between October 15 and March 15 and between May 15 and August 15, the applicant shall submit an agreement in writing signed by the developer and the property owner, with a copy to the building permit official, that respreading of soil and seeding of the lawn will be done during the immediately following planting season as set forth above in this section, and leave a cash escrow for performance in an amount as shall be determined by the building permit official. Sod may be used to comply with any requirement of seeding set forth herein.
(F) Debris and waste. No cut trees, timber, debris, 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, nor 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.
(G) Fencing. Each subdivider and/or developer shall be required to furnish and install fences wherever the 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 the fence improvements have been duly installed.
(H) Water bodies and watercourses.
(1) 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 owners of adjacent lots.
(2) The 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 Chapter may be satisfied by land which is under water.
(3) 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.
(I) Performance bond to include lot improvement. The performance bond shall include an amount to guarantee completion of all requirement contained in § 150.036 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 Commission. Whether or not a certificate of occupancy has been issued, at the expiration of the performance bond, the town 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.
(1996 Code, Chap. 11, § 4.2) Penalty, see § 150.999