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(A) Fire apparatus access roads. Fire apparatus access roads may be required for any development project that does not provide adequate access for fire protection from a public street.
(1) Prior to the start of construction of any structure, the developer shall provide fire apparatus access roads to within 100 feet of the exterior wall of the structure.
(2) Said access roads shall be extended as required in division (A)(1) above, as new construction dictates.
(B) Access road construction requirements. All fire apparatus access roads shall meet the following minimum standards. If said roads are designed for adoption as streets by the town, the roads shall also conform to the requirements of the town’s Street Department. In the event of a conflict between rules as set out in this section and those standards of the town’s Street Department, the most stringent requirements shall apply.
(C) Minimum standards.
(1) Width. The unobstructed width of a fire apparatus access road shall not be less than 24 feet.
(2) Vertical clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet, six inches except where a smaller clearance will allow the passage of the tallest piece of apparatus used by the servicing fire department(s). Requested clearance shall require approval by the inspecting officer.
(3) Modifications. Vertical clearances and/or widths required by this section shall be increased when vertical clearances or widths are not adequate to provide fire apparatus access for the largest fire apparatus expected to be used by the servicing fire department(s).
(4) Loads. Fire apparatus access roads shall be designed and constructed to support the imposed loads of the heaviest piece of fire apparatus to be used by the servicing fire departments(s).
(5) Turning radius. Fire apparatus access roads shall be designed and constructed to permit turning of the longest piece of fire apparatus used by the servicing fire department(s).
(6) Turnarounds. All such roads, which are dead-end roads in excess of 150 feet in length, shall be designed and constructed so as to allow the turning around of the longest piece of fire apparatus used by the servicing fire department(s).
(7) Grade. The gradient of all fire apparatus access roads shall not exceed the maximum that the fire apparatus used by the servicing fire department(s) can accommodate.
(D) Fire hydrants, water supply, required flow. Prior to the start of construction of any structure, the developer shall provide and install, in a fully working condition, sufficient fire hydrants capable of delivering required water flow as set out by the requirements of this section.
(1) Required flow. Delivered flow shall meet the requirements of nationally recognized authorities, such as the National Fire Protection Association and the like, as well as others recognized by the inspecting officer. It shall be the responsibility of the developer to perform the required testing in conformance with the recognized standards and provide the inspecting officer with written results.
(2) Hydrant spacing. Spacing shall conform to the requirements of a nationally recognized authority, such as the National Fire Protection Association, American Waterworks Association, and the like, but shall not exceed 800 feet.
(3) Connections. In addition to other provided connections, there shall be at least two connections of a diameter of two and one-half inches providing for connection to the main intake of fire apparatus pumps as used by the servicing fire department(s). Threads shall be of the type used by the servicing fire department(s).
(4) Installation. Installation shall conform to the requirements of standards of nationally recognized authorities, such as the National Fire Protection Association, American Waterworks Association, and those of the servicing water department(s).
(5) Adopted standards and documents. The following standards and references are adopted as a guide toward ensuring compliance with the regulations:
(a) NFPA 1231, “Standard on Water Supplies for Suburban and Rural Firefighting”, 1989 Edition;
(b) NFPA 1201, “Recommendations for Developing Fire Protection Services for the Public”, 1989 Edition;
(c) NFPA 291, “Fire Flow Testing and Marking of Hydrants”, 1988 Edition;
(d) American Waterworks Association, Manual M-I7, “Installation, Field Testing, and Maintenance of Fire Hydrants”, 1980 Edition;
(e) NFPA 1963, “Standard for Screw Threads and Gaskets for Fire Hose Connections”, 1985 Edition;
(f) Insurance Services Office, “Fire Suppression Rating Schedule”; and
(g) Fire Underwriters Survey, “Water Supply for Public Fire Protection”.
(6) Inspection and enforcement.
(a) It shall be the duty of the Town Building Inspector to perform the required inspections as necessary in order to evaluate compliance and report said findings to the governing body enforcing these regulations.
(b) In the absence of a Town Building Inspector, the governing body shall appoint a properly qualified person to perform the duties required in division (D)(6)(a).
(c) The Town Building Inspector shall perform the required duties in cooperation with the heads of other involved agencies or town departments.
(d) Where the jurisdiction is empowered to enforce the state’s Fire Prevention Code, those sections of these regulations relating to fire protection shall be adopted and incorporated as a section of the local Fire Prevention Code, following review and approval of the state’s Department of Fire and Building Services.
(e) Upon adoption and incorporation of these regulations into the local Fire Prevention Code, the Fire Inspector shall take appropriate and prescribed enforcement action upon determination that a violation has been committed.
(Ord. 2005-5, passed 6-7-2005)
ASSURANCE FOR COMPLETION OF IMPROVEMENTS
(B) Improvements shall include construction of all streets, sidewalks, utilities, and grading as required to properly develop the building lots. Improvements shall be performed to the satisfaction of the Town Building Inspector or the designee of the Plan Commission.
(Ord. 2005-5, passed 6-7-2005)
(A) At the discretion of the Commission, the requirements for completion of improvements as described above may be waived provided that the subdivider shall post a performance bond in an amount equal to 100% of the cost of any improvements remaining to be completed. The cost of such work shall be determined or ascertained by the Town Engineer in coordination with the Building Inspector, and recommended to the Commission, based on a reasonable estimate of construction costs. The bond shall be securable to the town and is intended to provide reasonable assurance to the town of the satisfactory construction of the uncompleted portion of the required public improvements. Under the provisions of accepting a performance bond, the town shall require the applicant to enter into a contract guaranteeing completion of all public improvements within one year of posting of the bond.
(B) In lieu of a performance bond, the applicant may provide the town with a certified check, in an amount equal to 100% of the estimated cost of completion of the uncompleted portion of required public improvements.
(C) In the event of unforeseen circumstances, an additional time period for development beyond the one year requirement may be negotiated.
(D) A performance bond furnished pursuant to this chapter shall comply with all statutory requirements and shall be satisfactory to the Town Attorney as to form, sufficiency, and manner of execution as set forth in this chapter.
(Ord. 2005-5, passed 6-7-2005)
The Zoning Board of Appeals may grant a variance to this chapter where, by reason of the unusual shape of a specific piece of property, or where, by reason of exceptional topographical conditions, the strict application of these regulations would result in extreme practical difficulties and undue hardship upon the owner of such property; provided, however, that such relief may be granted without detriment to the public good and without substantially impairing the intent and purpose of this chapter. In granting such variances or modifications, the Plan Commission may require such conditions as will substantially secure the objectives of the standards or requirements so varied or modified. Financial disadvantage to the property owner is not proof of hardship within the purpose of this chapter.
(Ord. 2005-5, passed 6-7-2005)
ADMINISTRATION
(A) When the construction plans have been approved as provided in this chapter, the subdivider shall first notify the Town Building Inspector (or the appropriate agent) of his or her intention to proceed with the construction and installation of improvements. Notification shall be made at least 48 hours before any such construction or installation shall commence so as to give the Building Inspector (or the appropriate agent) an opportunity to inspect the site prior to commencement of work and to inspect installation or construction of said streets and improvements during the course of work being performed. The subdivider will be charged an inspection fee of $50 per lot, based on the number of lots approved in the preliminary plat.
(B) The Building Inspector (or the appropriate agent) shall have the right to periodically inspect the required improvements during construction to ensure their satisfactory completion in accordance with the approved plans.
(C) If the Building Inspector (or the appropriate agent) finds upon inspection that any of the required improvements have not been constructed in accordance with the accepted plans, construction standards, and specifications, the subdivider shall be responsible for removal and replacement of said improvements. Whenever the cost of improvements is covered by a performance bond, the subdivider and the bonding company shall be severally and jointly liable for completing the improvement according to specifications.
(Ord. 2005-5, passed 6-7-2005)
(A) After streets and improvements have been installed and constructed pursuant to the requirements contained in this chapter, and in the event that the subdivider desires to have the town accept said streets or improvements, the subdivider shall notify the Town Building Inspector (or the appropriate agent) that the construction or installation has been completed, and shall supply the town with a minimum of four copies of the as-built plan on which the street or improvement in question has been constructed or installed.
(B) The four copies of the plan shall show thereon the signatures of all agencies and individuals who have approved the plan and contain a notice thereon as to where and when the plan was recorded in the office of the County Recorder. The portion of street or improvement which the subdivider desires to have the town accept shall be shaded or colored on each of the four copies. The plan shall also clearly designate the number of lineal feet of said street or improvement which the subdivider desires to be accepted by the town.
(Ord. 2005-5, passed 6-7-2005)
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