(A) Water and sewage disposal.
(1) Generally.
(a) Every subdivision lot intended for building purposes shall be served by a water supply system and a sewage disposal system that is adequate to accommodate the reasonable needs of the proposed use of the lot.
(b) For all subdivisions within the city’s Planning and Zoning Jurisdiction, the subdivider shall first consider installation to the city’s public water and sewer facilities pursuant to division (A)(2) below. Where compliance with division (A)(2) below is determined by the Planning and Inspections Director to be infeasible, the subdivider may consider divisions (A)(3) or (4) below.
(c) Water supply and sewerage facilities shall be designed in accordance with applicable city, county and state public health laws and regulations.
(d) Subdivisions must also meet any additional connection requirements found in other chapters of the city code of ordinances, including § 150.09.
(e) Various combinations of the water supply and sewage disposal systems specified in divisions (A)(2) through (4) below may be used for a single subdivision, but each system must meet the appropriate authorizing agencies’ requirements according to state law.
(f) Utility improvements shall not be constructed until the utility construction plans have been reviewed and approved by the appropriate utility provider. Work performed pursuant to approved utility construction plans shall be inspected and approved by the appropriate utility provider.
(2) Public Water and Sewer Connection Policy. The subdivider shall install water and sewer utilities and connect to the city’s public water or sewer facilities in accordance with the following specifications:
(a) For lands located within the city’s corporate limits.
1. Where city sanitary sewer lines and water mains are within 300 feet, the subdivider’s sanitary sewer lines and water mains shall connect with the city system.
2. Where city sanitary sewer lines and water mains are not within 300 feet, and whether plans have or have not yet been formulated for the installation and the proposed sanitary sewer lines and water mains are accessible, the subdivider’s sanitary sewer lines and water mains may connect with the city system at the city’s discretion.
3. Where city sanitary sewer lines and water mains are not reasonably accessible but where plans for the installation of sewer lines and water mains in the vicinity of the subdivision have been prepared, the proposed sanitary sewer lines and water mains shall be installed to conform with and to tie into the planned system, although connection to an existing sewer line or water main may not be immediately practical, and during the interim, the use of septic tanks and absorption tile or other methods of sewage disposal meeting specifications of the city, the County Health Department and other authorizing agencies will be permitted. Similarly, the use of a private water system approved by the city, the County Health Department, and other authorizing agencies will be permitted.
4. The total cost of the sanitary sewer and water distribution improvements and accessories thereto such as manholes, laterals, valves, fire hydrants and other items designed to connect with and become a part of the city sanitary sewer or water distribution system is to be borne by the subdivider.
(b) For lands located within the city’s ETJ.
1. The city shall not provide services outside of the city limits unless city specifications are adhered to.
2. If city water and sewer services are desired by the subdivider, plans and specifications shall be furnished to the City Manager for the installation of necessary sanitary sewer lines and water mains and items accessory to each that lie wholly within the public right-of-way in the subdivision. After approval of these plans and specifications by the City Manager and other authorizing agencies, installation can begin under city inspection. City mains shall be installed to conform with and to tie into the city system prior to the paving of any streets involved.
3. The total cost of the sanitary sewer and water distributor improvements and accessories thereto such as manholes, laterals, valves, fire hydrants and other items designed to connect with and become a part of the city sanitary sewer or water distribution system is to be borne by the subdivider.
4. In the event that the subdivider should desire to have the city contract for and install the improvements mentioned in this section, the subdivider shall bear the cost of the improvements of the completed project. Upon agreement by the City Board to contract the project, the subdivider shall deposit with the city the amount which the City Manager estimates will be the cost of the project plus 10%. The subdivider will enter into a contract with the city which will stipulate if the completion costs exceed the original deposit the subdivider will bear the additional cost. The contract will also state if the completed cost of the project is less than the original deposit a refund will be made immediately on the excessive amount by the city.
(3) Community water and sewer facilities.
(a) Where city water and sewer facilities are not available and connection to an existing community sewerage or water system is planned, the subdivider shall install water and sewer utilities and connect to the community system only upon connection approval by an authorized officer of the system. Community systems are defined as a water or sewer system operated by a person, firm or corporation other than the city or other governmental agency.
(b) New community water supply and sewage disposal systems serving ten or more connections are classified by state law as “public”, and plans and specifications for the facilities must be approved by the Sanitary Engineering Section, Division of Health Services (formerly the State Board of Health), State Department of Human Resources and the State Department of Environment and Natural and Resources.
(c) New community water supply and sewage disposal systems serving two to nine connections are regulated by state law, and plans and specifications for the facilities shall have approval by the County Health Department or the State Department of Environment and Natural Resources, whichever is applicable.
(4) Individual water and sewer facilities.
(a) Where city water and sewer facilities are not available and individual, on-site water supplies or individual sewage disposal systems are planned, the subdivision owner at his or her own expense shall have the site investigated by the County Health Department and any other authorizing agency to determine whether or not the individual facilities are feasible.
(b) The subdivision owner shall present proof to the Planning Board (for Major Plats) or Planning and Inspections Director (for Minor Plats) that appropriate soil tests have been conducted, and each lot in the subdivision not served by public water or sewage disposal systems has been approved by the County Health Department for individual water supplies or sewage disposal systems.
(c) The site investigation for sewage disposal shall include sufficient number of percolation tests, and test holes of sufficient depth to determine the absorption capacity of the soil and the location of the ground-water table, and of rock formations or other impervious strata. The number of percolation tests required, the depth of test holes and the testing method shall be determined and directly supervised by the County Sanitarian.
(d) Individual, on-site water supply and sewage disposal systems must be installed and maintained in accordance with state law. Approval of these individual systems shall be based on site investigation by the County Health Department. On-site investigations include tests of the absorption capacity of the soil and sub-soil which will indicate whether a lot is suitable for individual water supply or individual sewage disposal systems.
(5) Temporary sewer systems. Temporary sewage conveyance and disposal systems installed due to city sewer being neither accessible nor planned shall be financed by the subdivider without reimbursement by the city.
(B) Electrical, cable and telephone utilities. All electrical, cable, telephone and other communications wiring shall be installed underground unless the utility company serving the subdivision has a policy which mandates above ground utility poles. In those cases, the above ground utility poles shall be at the rear of the lots. Transformers and other apparatus may be installed on the ground surface if it is found by the Planning and Inspections Director to be technically unfeasible to install the equipment below the surface.
(1) Burial of power lines shall not be required if:
(a) The lines existed above ground at the time of first approval of a plat or other development plan, whether or not the power lines are subsequently relocated during construction of the subdivision or other development plan; and
(b) The lines are located outside the boundaries of the parcel of land that contains the subdivision or the property covered by the development plan.
(C) Stormwater management, storm drainage and sedimentation control.
(1) Generally.
(a) The subdivider shall provide stormwater management and storm drainage systems for the proper drainage of all surface waters. No surface water shall be channeled or directed into a sanitary sewer.
(b) Where an existing storm drainage system cannot feasibly be extended to the subdivision, a surface drainage system shall be designed to protect the proposed development from water damage. Where surface drainage courses are provided, they shall be of shallow swale ditch type having side slopes of approximately three feet of horizontal distance for each one foot of vertical distance, and courses shall be sufficient size to accommodate the drainage area. The minimum grade along the bottom of a surface drainage course shall be a vertical fall of approximately one foot in each 300 feet of horizontal distance.
(c) The subdivider shall install on-site stormwater systems in accordance with and shall meet the minimum standards, provisions, and requirements of Chapter 53, Stormwater Management.
(d) All stormwater BMPs shall meet the following specifications, in addition to the specifications required under Chapter 53:
1. On-site stormwater systems shall fit the general scheme of the development, shall be considered an amenity of the development, and shall not be of a design or nature as to constitute a nuisance;
2. The ten-foot perimeter of any on-site stormwater system (measured from the high water line, if applicable) shall be landscaped to prevent erosion and to integrate the on-site stormwater system into the general surroundings and development scheme;
3. Wet detention ponds shall be of irregular shape and shall have sides which gradually slope to the center of the pond; and
4. The depth at the deepest point of any wet detention pond shall be between three and six feet.
(e) The subdivider shall control sedimentation and prevent soil erosion pursuant to the standards and requirements of § 156.03, Soil Erosion and Sedimentation Control. In addition, the following standards shall be met for the protection of all surface waters:
1. Any unstabilized soil exposed during construction shall be stabilized with vegetative cover to prevent erosion by wind or surface water.
2. There shall be no evidence of increased siltation away from the construction area that results from soil being exposed during clearing operations for construction or during construction.
3. Surface drainage shall be directed whenever possible along natural drainage courses or nonstructural land drainage systems so that vegetation can cleanse runoff waters.
(2) Requirements for subdivisions within the city limits.
(a) The subdivider shall install utilities in keeping with specifications pursuant to division (C)(1) above.
(b) Plans and specifications shall be provided by the subdivider and forwarded to the Planning and Inspections Director showing necessary storm drains, sedimentation control methods and items accessory to each that lie wholly within the public right-of-way in the subdivision. After approval of these plans and specifications by the City Manager, the County Health Department, and other authorizing agencies, installation by the subdivider can begin under city inspection.
(c) The total cost of the storm drainage and other improvements and accessories thereto such as manholes, drop inlets, catch basins and other items designed to connect with and become a part of the city storm drain system is to be borne by the subdivider.
(3) Requirements for subdivisions within the ETJ.
(a) The subdivider shall install utilities in keeping with specifications pursuant to division (C)(1) above.
(b) If city water and sewer services are desired by the subdivider, plans and specifications shall be furnished to the City Manager for the installation of necessary storm drains and items accessory to each that lie wholly within the public right-of-way in the subdivision. After approval of these plans and specifications by the City Manager and other authorizing agencies, installation can begin under city inspection. City mains shall be installed to conform with and to tie into the city system prior to the paving of any streets involved.
(c) The total cost of the storm drainage improvements and accessories thereto such as manholes, drop inlets, catch basins and other items designed to connect with and become a part of the city storm drain system is to be borne by the subdivider.
(d) Improvement completion agreement. In the event that the subdivider should desire to have the city contract for and install the improvements mentioned in this section, the subdivider shall bear the cost of the improvements of the completed project. Upon agreement by the City Board of Commissioners to contract the project, the subdivider shall deposit with the city the amount which the City Manager estimates will be the cost of the project plus 10%. The subdivider will enter into a contract with the city which will stipulate if the completion costs exceed the original deposit the subdivider will bear the additional cost. The contract will also state if the completed cost of the project is less than the original deposit a refund will be made immediately on the excessive amount by the city.
(D) Easements.
(1) The subdivider shall convey easements to the city or appropriate utility company for both underground and overhead utility installation where needed. Easements shall be at least 20 feet wide and normally centered along rear or side lot lines. Wider easements may be required if the topography along the proposed right-of-way is such that maintenance equipment cannot reasonably operate within the minimum 20-foot wide easement. Where easements are required along the outside perimeter of a subdivision, 15 feet will be required.
(2) Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the one hundred-year floodplain and the further width or construction, or both, as will be adequate for the purpose of managing stormwater runoff in a manner that will safeguard the health and property of the citizens of the city. Parallel streets or parkways may be required in connection therewith if deemed in the public interest by the Planning and Inspections Director.
(3) Lakes, ponds, creeks and similar areas will be accepted for maintenance only if sufficient adjacent land is dedicated as a public recreation area or park or if the area constitutes a necessary part of the drainage control system. The areas must be approved by the Planning and Inspections Director on recommendation of the Planning Board and Recreation Director.
(4) If the city elects to maintain any on-site stormwater system, the subdivider shall convey to the city an easement covering the stormwater system together with an easement and right-of-way for access to the on-site stormwater system. The easement and right-of-way shall provide access to the on-site stormwater system from a public street and shall be at least 20 feet wide for access from the public road and at least 15 feet around the perimeter of the on-site stormwater system (measured from the high water line, if applicable).
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)