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(A) (1) An easement for utilities, at least six feet wide, shall be provided along each side of a side line of lots and/or the rear line of lots where necessary to form a continuous right-of-way, at least ten feet in width.
(2) The easements to be dedicated and provide for utility service from street to street. The intent of the easements is to furnish utility service from the rear of the lots to the buildings.
(3) If necessary for the extension of main water or sewer lines, electrical transformer pads or similar utilities, easements of greater width may be required along lot lines or across lots. Utility easements of at least 10% in width shall be provided along the front lines adjacent to street right-of-way.
(B) Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the Council, by ordinance, upon the recommendation of the Planning and Zoning Commission.
(C) Additional easements for pole guys should be provided at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall along side lot lines.
(D) (1) Where a subdivision is traversed by a water course, drainage way, channel or stream, a storm water easement, drainage right-of-way or park dedication, whichever the Planning and Zoning Commission may deem the most adequate, conforming substantially with the lines of the water course shall be provided, together with the further width or construction or both, as will be adequate for the storm water drainage of the area.
(2) The width of the easements shall be determined by the Planning and Zoning Commission.
(Ord. 232, passed 11-1-2000)
(A) All new electric distribution lines (excluding main line feeders and high voltage transmission lines), telephone service lines, cable television and services constructed within the confines of and providing service to customers in a newly platted residential area shall be buried underground; unless the Council specifically shall find, after study and recommendation by the Planning and Zoning Commission, that:
(1) The placing of utilities underground would not be compatible with the development planned;
(2) The additional cost of burying the utilities would create an undue financial hardship; or
(3) Topographical, soil or any other conditions make the underground installation unreasonable or impractical.
(B) All utility lines for telephone and electrical service shall be placed in rear line easements when carried on overhead poles. The Planning and Zoning Commission may recommend, and the Council require, that the type of overhead pole used, be of a quality and durability aesthetically in conformance with the nature of the residential development.
(C) Where telephone, electric and/or gas service lines are to be placed underground entirely, conduits or cables shall be placed within easements or dedicated public ways in such a manner so as not to conflict with other underground services.
(D) All drainage and other underground utility installations which traverse privately owned property shall be protected by easements.
(E) The subdivider is responsible for complying with the requirements of this section and shall submit to the Planning and Zoning Commission a written record from the utilities showing that the necessary arrangements with the utility involved for the installation of the facilities have been made.
(Ord. 232, passed 11-1-2000)
MODIFICATIONS AND EXCEPTIONS
The general principles of design and minimum requirements for the layout of subdivisions set forth in §§ 152.060 through 152.077 may be varied by the Council in the case of a subdivision large enough to constitute a more or less self-contained neighborhood which is to be developed in accordance with a comprehensive plan safeguarded by appropriate restrictions, and which, in the judgment of the Council, makes adequate provision for all essential community requirements; provided, however, that no modification shall be granted by the Council which would conflict with the proposals of the official map or with the other features of the Comprehensive Plan, is so adopted or with the intent and purposes of the general principles of design and minimum requirements.
(Ord. 232, passed 11-1-2000)
In the case of a subdivision of small size and minor importance, situated in a locality where conditions are well-defined, and containing not more than two lots fronting on an existing street not involving any new street or road or the extension of municipal facilities and not adversely affecting the adjoining property, the Council may exempt it from the requirements stipulated in § 152.031 pertaining to the preparation of the preliminary plat. All subdivisions larger than two lots shall follow platting requirements. Large lots capable of being subdivided into more than two parcels shall be allowed only one lot subdivision, after which platting of further subdivisions is required.
(Ord. 232, passed 11-1-2000)
In any particular case where the subdivider can show that, by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of this chapter would cause unusual difficulty or exceptional and undue hardship, the Council may relax the requirement to the extent deemed just and proper, so as to relieve the difficulty and undue hardship; provided that, the relief may be granted without detriment to the public good and without impairing the intent and purposes of these regulations or the desirable general development of the neighborhood and the community in accordance with the Comprehensive Plan and the Zoning Code. Any modification thus granted shall be entered in the minutes of the Council setting forth the reasons, which, in the opinion of the Council, justified the modification.
(Ord. 232, passed 11-1-2000)
ADMINISTRATION AND ENFORCEMENT
(A) No plat of any subdivision shall be entitled to be recorded in the office of the County Recorder or shall have any validity until it has been approved by the Council in the manner described herein.
(B) It is unlawful for the owner or the agent of the owner to transfer or sell any land by reference to or by other use of a plat or description unless the plat has been approved by the Council as required herein.
(Ord. 232, passed 11-1-2000) Penalty, see § 10.99
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