§ 151.044 LOT IMPROVEMENTS.
   (A)   Lots shall be designated by numbers. Streets, avenues, and other grounds shall be designated by names or numbers.
   (B)   The following provisions shall pertain, except that modifications may be permitted in planned unit developments (PUDs).
      (1)   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 each of the created lots in compliance with the zoning ordinance and local health regulations. Driveway access shall be provided for each building on such lots from the appropriate approved street. Except where not feasible, side lot lines shall be at right angles to straight street lines and radial to curved street lines.
      (2)   Lot dimensions. The size, shape, and lot dimensions within the jurisdiction of this chapter shall conform to the minimum requirements of the zoning ordinance. Where lots are more than double the minimum required area for the zoning district, the Commission may require that such 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. Dimensions of corner lots shall be large enough to allow for erection of buildings when 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 all off-street parking and loading facilities as may be required by the zoning ordinance.
      (3)   Building line setback. The building line to establish yards for all buildings and lots shall be as provided in the zoning ordinance.
      (4)   Yard requirements. Yard requirements for residential subdivisions or the portions thereof within the jurisdiction of this chapter shall be the same as the yard requirements set forth in the zoning ordinance for the zoning district or districts in which they are located.
      (5)   Double frontage lots and access to lots.
         (a)   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.
         (b)   Access from principal and minor arterials. Access to lots shall come only from local roads or cul-de-sacs and not from principal arterial roads, minor arterial roads, or collector streets. If proposed lots do not have access to an already existing local road or cul-de-sac, the subdivider shall build a new road to current county standards to create the needed access. This section does not apply to lots created by a minor subdivision plat nor to a subdivision in which all lots contain at least 20 acres.
      (6)   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 stormwater drainage pattern for the area. Drainage shall be designed so as to avoid the accumulation of stormwater on any one or more lots from adjacent lots. It shall be the responsibility of the lot owner to maintain the lot grade, as it applies to drainage, as provided for in the approved construction plans.
      (7)   Debris and waste. No cut trees, timber, debris, contaminated earth, rocks, stones, contaminated soil, 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.
      (8)   Fencing. Each subdivider and/or developer shall be required to furnish and install fences wherever the Commission, upon the advice of the Building Inspector, determines that a hazardous condition may exist. The fences shall be noted as to height and material on the final plat.
      (9)   Water bodies and watercourses. 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 the lots adjacent to the water body. 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 ordinance may be satisfied by land which is under water. 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.
      (10)   Flood hazards.
         (a)   Land subject to flooding and land deemed to be topographically unsuitable for residential development shall not be platted for residential use or for any other use which may increase the danger of health, life, or property or aggravate erosion or flood hazards. Such land within the subdivision shall be set aside on the plat for such uses as will not be endangered by periodic or occasional inundation contrary to the public welfare. To ensure that lots will be located only where they will provide flood-free house sites, the Plan Commission may require the subdivider to provide elevation and flood profiles sufficient to demonstrate that the house sites will be completely free from the danger of flooding.
         (b)   If a stream flows through or adjacent to the proposed subdivision, the plat shall provide for an easement or right-of-way along the stream for a floodway. For smaller streams, those in which the floodway for a 100-year flood is 50 feet wide or less, the Plan Commission may require channel improvements and/or retention facilities to avoid flooding of downstream properties. The floor elevations of houses shall be high enough to be a minimum of two feet above the 100-year flood. The floodway easement shall be wide enough to provide for future enlargement of the stream channel as adjacent areas become more highly developed and runoff rates are increased.
(Ord. 2005-5, passed 6-7-2005)