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STREET AND UTILITY IMPROVEMENT REQUIREMENTS
(A) The purpose of this subchapter is to establish in outline the minimum acceptable standards for improvement of streets and utilities; define the responsibility of the proprietor in the planning, construction, and financing of public improvements; and to establish procedures for review and approval of engineering plans.
(B) For reasons of practical difficulty, the minimum dimensional standards may be slightly varied by approval of the municipality.
(1984 Code, § 6-02-05-010) (Ord. 11, passed 8-26-1969)
(A) Preparation.
(1) It shall be the responsibility of the proprietor to have prepared by a registered engineer a complete set of engineering plans, including profiles, cross sections, specifications, and supporting data for construction of required public improvements.
(2) Such engineering plans shall be based on the approved preliminary plat and be prepared in conjunction with the final plat. Such plans shall be prepared in compliance with the schedule of improvement requirements and with applicable requirements of county and state authorities.
(B) Approvals. The proprietor shall obtain the approvals as applicable, required by law, and furnish them attached to the engineering plans.
(C) Submittal. Five copies of the engineering plans shall be filed with the Clerk-Treasurer simultaneously with the filing of the final plat (see § 153.24(B)).
(D) Review. The Clerk-Treasurer shall check the submission for completeness, and if complete, record receipt and date thereof and immediately distribute the documents as follows:
(1) One copy to the Planning Commission and/or Zoning Commission, as required, for review and recommendation; and
(2) Four copies to the Municipal Engineer for review of compliance as to requirements and standards; review of construction cost estimates; and recommendations for rejection or approval.
(E) Approval. The governing body shall not approve any final plat until the Municipal Engineer has submitted his or her approval of engineering plans.
(1984 Code, § 6-02-05-020) (Ord. 11, passed 8-26-1969)
(A) The following schedule of improvements requirements establishes general policy on the types of utility and street improvements, and street right-of-way cross sections for the various types of subdivision development.
(B) This schedule may be supplemented by public improvement standards establishing design and material specifications to be used in all public improvements installed pursuant to these regulations.
(1) Schedule of improvement requirements.
(a) Major thoroughfares. Where an existing road abuts the subdivisions, the proprietor shall improve his or her half of said road to a width and standard equal to the County Road Commission right-of-way plan, if applicable, and the Master Plan; subject plans to be approved by the Municipal Engineer. The proprietor shall install five-foot concrete sidewalks along his or her half of said road, and street trees unless waived by the municipality as not being in character with the land use of the frontage;
(b) Local subdivision streets. Sixty-foot right-of-way; 27-foot pavement measured back-to-back of curbs; five-foot concrete sidewalks both sides; street trees; however, where parking will be permanently prohibited in roadway, and adequate provision for off-street parking is accordingly made, the pavement width may be reduced to 22 feet;
(c) Neighborhood collector-distributor streets. Eighty-six-foot right-of-way; 39-foot pavement measured back-to-back of curbs; five-foot concrete sidewalk both sides; street trees;
(d) Boulevard streets. Eighty-foot right-of-way; two 20-foot pavements measured back-to-back of curbs and separated by 18-foot minimum island; five-foot concrete sidewalk next to both right-of-way lines; street trees in island and along both sides;
(e) Marginal access streets. Forty-foot right-of-way abutting major street right-of-way; Eighteen-foot pavement measured back-to-back of curbs; curb on outside pavement edge; curb on inside pavement edge if major street is curbed; no curb on inside if major street has swale drainage; grassed island; five-foot sidewalk on outside only; street trees on outside only;
(f) Cul-de-sac streets. Same as division (B)(1)(b) above except for turning circle with 120-foot diameter right-of-way; 27-foot pavement with 45-foot outside radius; landscaped island; curb all pavement edges; five-foot concrete sidewalk both sides; street trees;
(g) “U” streets. One hundred twenty-foot right-of-way; two 18-foot pavements measured back to back of curbs and separated by a 44-foot island; terminated by turning circle with 120-foot diameter right-of-way pavement with 40-foot outside radius; curb all pavement edges; five-foot concrete sidewalk both sides; street trees in island and along both sides;
(h) Alleys. Twenty-foot right-of-way; 20-foot pavement with reverse crown;
(i) Street and lot grading. Per plans and profiles approved by Municipal Engineer;
(j) Curb or curb and gutter details and specifications. Approved by Municipal Engineer;
(k) Pavement details and specifications. Approved by Municipal Engineer;
(l) Sidewalk details and specifications. Approved by Municipal Engineer;
(m) Street trees. In accordance with standards of variety, size, and installation adopted by the governing body, shall be planted 60 feet apart, between curb and sidewalk;
(n) Street signs. Shall be placed at all intersections by the time of completion of pavement. Detail and specifications in accordance with adopted standards of municipality; and
(o) Monuments. Installed in compliance with law. After installation of improvements, the proprietor shall have a registered engineer or surveyor check the location of monuments and certify to their accuracy in accordance with the law.
(2) Utility improvements.
(a) Water supply and sewage disposal shall be installed as extensions and part of the municipality’s public systems in accordance with the municipality’s standards. Subdivision systems of water supply and/or sewage disposal may be acceptable if there are no public systems within 3,000 feet of the subdivision. Such subdivision systems shall be designed to be capable of ultimately tying in with municipal systems. Individual wells and/or septic tanks shall not be approved for any lot of less than 125 feet frontage and 20,000 square feet lot area.
(b) Such facilities shall be so located and designed to facilitate economical connection with future public systems.
1. Drainage requirements. All frontage having lots shall be furnished with enclosed storm drainage.
a. In addition to proposed development, all existing roads within or abutting the plat shall be drained to acceptable outlet.
b. All drains shall be located in public easements of a width to be determined by the Municipal Engineer.
c. Drainage collection basins, where approved, shall be public easements for municipal access.
d. All lots shall be graded to avoid impounding of surface water on any lot.
2. Electric and telephone lines. In the following situations, electric and telephone distribution lines shall be buried:
a. Residential subdivisions of ten or more lots, with an average lot width of 100 feet or less;
b. Multiple apartment developments of more than 24 apartment dwelling units; and
c. Mobile home parks, shopping centers, office districts, and commercial districts of more than 15 acres.
3. Waiver. This requirement may be waived by the Planning Commission and/or Zoning Commission, as required, where it finds that because of unusual conditions such as subsoil conditions or lot arrangements, the proprietor’s average cost per residential lot would exceed $160; per apartment dwelling or mobile home site would exceed $50; or for other types of development would exceed $30 per lineal foot of buried line.
(1984 Code, § 6-02-05-030) (Ord. 11, passed 8-26-1969)
In lieu of actual installation of required public improvements, the proprietor may elect to provide a financial guarantee of performance in one or a combination of the following arrangements; provided, that the total estimated cost of required public improvements is thereby covered.
(A) Performance or surety bond.
(1) Value of bond. An amount satisfactory to the governing body;
(2) Length of term. A period specified by the governing body; provided, that such a period shall not exceed 12 months; and further provided, that under extraordinary circumstances this period may be extended by governing body action for not more than 12 months; and
(3) Approval of bonding company. Surety company authorized to do business in the state and approved by the governing body.
(B) Cash deposit, certified check, or negotiable bonds. Deposit shall be made with the Clerk-Treasurer of a responsible escrow agent or trust company, subject to the approval of the governing body, of money or negotiable bonds in the same amount and kind approved by law for securing deposits of public money in banks.
(C) Special assessment. In cases where all properties abutting on a public right-of-way are not under the control of the proprietor, the proprietor, may petition the municipality through the governing body to provide the necessary improvements and to assess the cost thereof against the abutting property in accordance with the local requirements regarding special assessments; provided, however, that the proprietor shall be responsible for any differences between the cost of improvements and the amount that can be legally assessed by the municipality against the property to be subdivided and shall furnish the necessary waivers to permit the assessment of the entire cost of the improvements.
(D) Progressive installation. When any portion of an improvement has been fully completed to the satisfaction of the Municipal Engineer, he or she shall recommend, and the governing body shall authorize the reduction in bonds or a partial withdrawal of funds equal to the estimated cost of such completed portion.
(E) Penalty for failure to complete installation. In the event the proprietor does in any case fail to complete such work within such period as required by the conditions of the guarantee, the governing body shall have such work completed. The municipality, in order to reimburse itself for the cost and expense thereof, may appropriate the deposit of cash money or negotiable bonds which the proprietor may have deposited in lieu of a surety bond, or may take such steps as may be necessary to require performance by the bonding company.
(1984 Code, § 6-02-06-040) (Ord. 11, passed 8-26-1969)