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§ 152.34  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 building permits to build on all lots in compliance with the zoning ordinance and health regulations, and in providing direct driveway access to buildings on the lots from a public street.
   (B)   Lot dimensions. Lot dimensions shall comply with the minimum standards of the zoning ordinance. The Planning Commission or City Commission may require lots which are at least double the minimum required area for the zoning district be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve potential lots, all in compliance with the zoning ordinance (Chapter 153) and these regulations. In general, side lot lines shall be at right angles to 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 construction 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 the off-street parking and loading facilities required for the type of uses and development contemplated, as established in the zoning ordinance.
   (C)   Lot orientation. The lot line common to the street right-of-way shall be the front line. All lots shall face the front line and a similar line across the street. Whenever feasible, lots shall be arranged so that the rear line does not abut the side line of an adjacent lot.
   (D)   Soil preservation and grading. Lots shall be laid out so as to provide positive drainage away from all building and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm water drainage from each lot to adjacent lots.
   (E)   Debris and waste. No cut trees, timber, debris, junk, rubbish or other waste materials of any kind shall be buried in any land, left or deposited on any lot or street at the time of the issuance of a certificate of occupancy. Removal of those items and materials shall be required prior to issuance of any certificate of occupancy on a subdivision. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of expiration of any subdivision improvement agreement or dedication of public improvements, whichever is sooner.
(Ord. 66, passed 10-12-1999)
§ 152.35  ROADS.
   (A)   Roads. Proposed roads shall provide a safe, convenient and functional system for vehicular, pedestrian and bicycle circulation, be properly related to the comprehensive plan, and shall be appropriate for the particular traffic characteristics of each proposed development.
   (B)   Frontage on improved roads. No subdivision shall be approved unless the area to be subdivided shall have frontage on and access from an existing street on the official map.
   (C)   Grading and improvement plan. Roads shall be graded and improved and conform to the local government construction standards and specifications and shall be approved as to design and specifications by the Local Government Engineer in accordance with the construction plans required to be submitted prior to final plat approval.
   (D)   Topography and arrangements. Roads shall be related appropriately to the topography. All streets shall be arranged so as to obtain as many building sites as possible at, or above, the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided.
   (E)   Street integration. All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated rights-of-way established on the official map and/or master plan.
   (F)   Relationship to development. All thoroughfares shall be properly related to special traffic generators, such as industries, business districts, schools and churches, to population densities and to the pattern of existing and proposed land uses.
   (G)   Minor or local streets. Minor or local streets shall be laid out to conform as much as possible to the topography to discourage uses by through traffic, to permit efficient drainage and utility systems and to require the minimum number of streets necessary to provide convenient and safe access to property.
   (H)   Layout. The rigid rectangular gridiron street pattern need not necessarily be adhered to. The use of curvilinear streets or U-shaped streets shall be encouraged where the use will result in a more desirable layout.
   (I)   Street extension. Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, unless, in the opinion of the Planning Commission, the extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts.
   (J)   Road names. The submitted plat shall not indicate any names for proposed streets. The governing body shall name all streets. Names shall be sufficiently different in sound and spelling from other road names in the city so as not to cause confusion. A road which is, or is planned to be, a continuation of an existing road shall bear the same name.
   (K)   Road regulatory signs. The applicant shall install the appropriate road signs, as determined by the Local Government Engineer, or shall deposit with the local government an amount of money equal to the local government’s cost of signs and installations at the time of final subdivision approval.
   (L)   Road surfacing and improvements. After utilities have been installed by the developer, the developer shall construct roads to the widths prescribed in these regulations. All surfacing shall be of a character as is suitable for the expected traffic and in harmony with similar improvements in the surrounding areas. Types of bituminous shall be as determined by the Local Government Engineer. Adequate provision shall be made for culverts, drains and bridges. All road pavement shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications adopted by the Planning Commission, Local Government Engineer or governing body and shall be incorporated into the construction plans required to be submitted by the developer for plat approval.
   (M)   Minimum right-of-way and road widths. See the table below.
Minimum Right-of-Way and Road Widths
Street Classification
Minimum Width Right-of-Way (ft)
Minimum Driving Width (ft)
Maximum Grade (%)
Minimum Drainage Grade (%)
Minimum Right-of-Way and Road Widths
Street Classification
Minimum Width Right-of-Way (ft)
Minimum Driving Width (ft)
Maximum Grade (%)
Minimum Drainage Grade (%)
Arterial
100
60
5
0.5
Collector
80
44
5
0.5
Local
66
24
8
0.5
Local, limited
46*
24
8
0.5
Alley
20
16
8
0.5
*All local-limited streets are required to have a ten-feet utility easement on both sides
 
(Ord. 66, passed 10-12-1999)
§ 152.36  BLOCKS.
   (A)   Width. Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets or other features which make two tiers impractical.
   (B)   Length. The lengths, widths and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated but block lengths in residential areas shall not exceed 2,200 feet nor be less than 400 feet in length. Whenever practicable, blocks along major arterial and collector streets shall be at least 1,000 feet in length.
   (C)   Long blocks. Planning Commission may require the reservation of an easement through the block to accommodate utilities, drainage facilities or pedestrian traffic in long blocks.
(Ord. 66, passed 10-12-1999)
§ 152.37  STREET LIGHTS.
   Installation of street lights shall be required in accordance with the design and specification standards approved by the Local Government Engineer.
(Ord. 66, passed 10-12-1999)
§ 152.38  INTERSECTIONS.
   (A)   Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two new streets at an angle of less than 75 degrees is prohibited. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet therefrom. Not more than two streets shall intersect at any one point unless specifically approved by the Planning Commission.
   (B)   Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of the street. Street jogs of less than 150 feet shall not be permitted. Intersection of major streets shall be at least 800 feet apart.
   (C)   Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a 2% rate at a distance of 60 feet, measured from the nearest right-of-way line of the intersection street.
   (D)   Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut the ground and/or vegetation in connection with the grading of the public right-of-way to the extent deemed necessary to provide an adequate sight distance.
   (E)   The cross slopes on all streets, including intersections, shall be 3% or less.
(Ord. 66, passed 10-12-1999)
§ 152.39  SIDEWALKS.
   Sidewalks shall be included within the dedicated non-pavement right-of-way of all roads in the proposed subdivision. A median strip of grassed or landscaped area at least two feet wide shall separate all sidewalks from the edge of the roadway. The City Commission may, upon recommendation of the Planning Commission, modify this requirement if it is in the best interest of the public.
(Ord. 66, passed 10-12-1999)
§ 152.40  UTILITIES.
   (A)   Location. All utility facilities, including, but not limited to, gas, electric power, telephone and CATV cables, shall be located underground throughout the subdivision. Whenever existing utility facilities are located above ground, except when existing on public roads and rights-of-way, they shall be removed and placed underground. All utilities, existing and proposed throughout the subdivision, shall be shown on the preliminary plat. Underground service connections to the street property line of each platted lot shall be installed at the subdivider’s expense. At the discretion of the Planning Commission, the requirement for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use.
   (B)   Easements.
      (1)   Easements centered on rear lot lines shall provide for utilities (private and municipal) and the easements shall be at least ten feet wide. Proper coordination shall be established between the subdivider and the applicable utility companies for the establishments of utility easements established in adjoining properties.
      (2)   When topographical or other conditions are such as to make impractical the inclusion of utilities within the rear lot lines, perpetual unobstructed easements at least ten feet in width shall be provided along side lot lines with satisfactory access to the road or rear lot lines.
(Ord. 66, passed 10-12-1999)
§ 152.41  LAND RESERVATION AND PUBLIC USE.
   (A)   The Planning Commission shall require that land be reserved for parks and playgrounds or other recreation purposes in locations designated in the comprehensive plan or other places as deemed appropriate by the Planning Commission. Each reservation shall be of suitable size, dimension, topography and general character and shall have adequate road access for the particular purposes envisioned by the Planning Commission. The area shall be shown and marked on the plat “Reserved for Park and/or Recreation Purposes”. When the recreation areas are required, 5% of the total gross area of the subdivision shall be reserved. The Planning Commission may refer the proposed reservations to the Park Board for recommendation. The developer shall dedicate all the recreation areas to the local government as a condition of final subdivision plat approval.
   (B)   However, when in the judgment of the Planning Commission, a subdivision is of insufficient size to include an area for park and playground, or the subdivision is not designated as an area for playground or park in the comprehensive plan, the owner or applicant shall pay the city a cash sum in lieu of land reservations. The payment shall be placed in a neighborhood park and recreation improvement fund. The deposit shall be used by the local government for improvement of a neighborhood park, playground or recreation area, including the acquisition of property. The cash sum in lieu of land reservations shall be 5% of the estimated fair market value of the total gross area of the subdivision before improvement.
(Ord. 66, passed 10-12-1999)
§ 152.42  PRESERVATION OF NATURAL FEATURES AND AMENITIES.
   Existing features that would add value to residential development or to the local government as a whole, such as trees, watercourses and falls, beaches, historic spots and similar irreplaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed from any subdivision nor any change of grade of the land effected until approval of the preliminary plat has been granted. All trees on the plat required to be retained shall be preserved and all trees where required shall be welled and protected against change of grade. The preliminary plat shall show the number and locations of existing trees and indicate all those marked for retention.
(Ord. 66, passed 10-12-1999)
§ 152.43  LANDSCAPING AND SCREENING.
   (A)   Landscaping.
      (1)   All exposed ground areas within the subdivision, including street rights-of-way, which are not devoted to drives, sidewalks, patios or other uses, shall be landscaped, with the exception of undisturbed areas containing existing viable natural vegetation. All landscaped areas shall be kept neat, clean and uncluttered.
      (2)   Landscaping shall include:
         (a)   Tree planting at the rate of at least one tree per 5,000 square feet of the gross area of the subdivision. Existing trees retained during development of the land can be counted towards fulfilling this requirement; and
         (b)   Combination of trees or shrub planting. Ten shrubs count as one tree. A maximum of 25% of the landscaping requirement may be in the form of shrubs.
   (B)   Erosion control. All disturbed areas must be sodded or seeded. Appropriate ground cover is required in all disturbed areas to control erosion. The developer shall submit an erosion control plan for review by the City Engineer as part of the preliminary plat review process.
   (C)   Landscaping trees. Required landscaping trees must be mixed between lots and boulevard. All trees required for landscaping shall be at least one and one-half inch caliper at four feet above ground level; conifers shall be at least three feet in height. Landscaping trees shall be indigenous to the area. All deciduous trees shall be long-lived hardwood species. It is the responsibility of the developer to ensure to the longevity and maintenance of all plantings. If any plantings die within a year of construction, the owner shall replace the plantings.
   (D)   Screening. All commercial or industrial uses which are situated within 75 feet of a residential district shall be screened by the developer of the commercial or industrial property from the district by a wall or fence of not less than 100% opacity and up to ten feet in height. The wall or fence shall be set back from the property line at least five feet. In the setback area shall be planted a combination of coniferous and deciduous plants, in order to soften the appearance of the fence or wall for the affected residential area. Walls or fences of less height or planting screens may be permitted by the City Commission if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screening will adequately promote and protect the use and enjoyment of the residential properties.
   (E)   Escrow deposits for lot improvements.
      (1)   Acceptance of escrow funds. Whenever, because of the season of the year, any lot improvements required by the subdivision regulations cannot be performed, the City Administrator may issue a certificate of occupancy, provided there is no danger to health, safety or general welfare upon accepting a cash escrow deposit in an amount to be determined by the Local Government Engineer for the cost of the lot improvements. The subdivision improvement agreement and security covering the lot improvements shall remain in full force and effect.
      (2)   Procedures on escrow funds. All required improvements for which escrow monies have been accepted by the City Administrator at the time of issuance of a certificate of occupancy shall be installed by the subdivider within nine months from the date of deposit and issuance of the certificate of occupancy. If the improvements have not been properly installed at the end of the time period, the City Administrator shall give two weeks written notice to the developer requiring it to install the improvements and, if they are not then installed properly, the City Administrator may request the governing body to proceed to contract out the work for the installation of the necessary improvements in a sum not to exceed the amount of the escrow deposit. At the time of the issuance of the certificate of occupancy for which escrow monies are being deposited with the City Administrator, the developer shall obtain and file with the City Administrator, prior to obtaining the certificate of occupancy, a notarized statement from the purchaser or purchasers of the premises authorizing the City Administrator to install the improvements at the end of the nine-month period if the improvements have not been duly installed by the subdivider.
(Ord. 66, passed 10-12-1999)
Appendix A: Subdivision Review Checklist
To be completed and submitted by the applicant.
Pre Application
 
_____   Location Map
_____   Location of section lines
_____   Sketch plan of street and lot layout
   on topographic map
_____    Names and addresses of owner
   and subdivider
_____   Conformity with comprehensive plan
_____    Names and addresses of engineer
   and surveyor
_____   Conformity with official map
_____   Names of adjoining subdivisions
_____   Conformity with zoning ordinance
_____   Date plat prepared
 
_____   North arrow
 
 
Preliminary Plat Review
 
_____   Site map including land within 300
   feet of boundary
_____   Scale
_____   Existing and proposed streets
_____   Block and lot numbers
_____   Existing and proposed utilities,
   including water, sanitary sewer,
   storm sewer, fire hydrants and the like
_____   Names, locations, and widths of existing
   streets
_____   Names of adjacent property owners
_____   Locations and widths of proposed streets
_____   Two-foot contour intervals
_____   Location and width of alleys, crosswalks
   or pedestrian ways
_____   Location of significant natural features
_____   Lot layout with dimensions and building
   setback lines
_____   Wet lands and areas subject to flooding
_____   Sidewalks
_____   Existing buildings
_____   Street trees
_____   Existing easements
_____   Street lighting and signs
_____   Location of existing and proposed
   parks and other public areas
_____   Restrictive covenants (if any)
_____   Existing and proposed zoning of
   properties within 300 feet
_____   Landscaping Plan
_____   Name of subdivision
_____   Stormwater Management Plan
 
_____   Grading plan including initial and proposed
   with two-foot contour lines
 
(Ord. 66, passed 10-12-1999)