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To the extent possible, all subdivision retention requirements shall be accommodated in the least number of ponds or dry areas. One large pond or area shall be preferred to a series of smaller ponds or areas. All retention areas shall be placed in a common area under the responsibility of a lot owner’s association for the subdivision in which they are located. In no case shall subdivision retention ponds be dedicated to the city, however, the covenants outlining responsibility for the ponds shall provide the city with the authority to both require and complete necessary maintenance.
(Ord. 07-16, passed 12-10-2007)
Cross-reference:
Retention pond landscaping standards, see Title XV, § 7.8(M)
Stormwater Management, see Volume One, Chapter 56
(A) Utility easements. The subdivider shall designate areas of suitable size and location, when necessary for drainage and or utility easements. Where possible, place utility lines underground, following the required standards and specifications established by each utility company. The location of each underground utility system shall be shown by appropriate easement lines on the proposed lot and approved by the utility company prior to final approval of the Plan. Utility easements shall be:
(1) Enforceable;
(2) Binding;
(3) Recorded on the secondary plat; and
(4) Exclusive of other easements.
(B) Drainage easements. Easements along legal drains shall be established according to the County Surveyor for the purposes of protecting the stream.
(Ord. 07-16, passed 12-10-2007)
(A) Dedication or reservation. Where sites for parks, schools, playgrounds or other public uses are located within the subdivision area as shown in the comprehensive plan, the Plan Commission may request their dedication for that purposes, or their reservation for a period of two years following the date of the final approval of the plat. In the event a government agency concerned passes a resolution expressing its intent to acquire the land so reserved, the reservation period shall be extended for an additional six months.
(B) Open space. Residential subdivisions shall include provisions for common open space which shall be accessible to all residents in the development by means of walking, hiking, biking or automobile.
(1) The minimum amount of common open space as a percentage of net land area shall be in accordance with Table 8.5: Percentage Open Space Required (Residential).
(2) The least dimension of any required open space shall be 150 feet. A public way crosswalk or easement of not less than 15 feet in width shall be provided for access to the required open space.
(3) Retention ponds and land designated as floodplain may count towards up to 35% of required “open space” if it is designated as common area and visually and physically accessible to all owners of the common area.
(4) The required open space stated above is in addition to any required landscaping. Parking areas do not count toward open space.
(C) Community structure. In developments with greater than 300 dwelling units, the development plan shall include provisions for a civic or community building (clubhouse) which will be available to all property owners within the development. Any civic or community building shall have a ground floor area of no less than 2,000 square feet and comply with the same architectural guidelines and covenants which are applicable to the residences proposed for the development. At the discretion of the Commission, the area may be permanently dedicated to the city, or if suitably protected by covenants, to a private land owner’s association. Playgrounds or public school sites within the boundaries of the proposed subdivision shall be deemed to meet the community open space requirements.
(D) Public safety. In developments with greater than 300 dwelling units, the petitioner/developer shall submit the development plan to the City Fire Department for review to determine if the plan shall include provisions to preserve land for future fire structures. If the Board of Public Works determines a need exists for land based on the recommendations of the City Fire Department, the Plan Commission may require, the petitioner to include in the plans of the development, the reserved land areas up to two acres. At the time as that land is platted, the developer shall include the land in the plat and deed the land to the city within 60 days thereafter, or upon taking title to the land.
(Ord. 07-16, passed 12-10-2007)
(A) Sanitary sewage disposal.
(1) Interpretation. The phrase THE SUBDIVIDER SHALL PROVIDE shall be interpreted to mean that the subdivider shall install the facility referred to.
(2) Design and installation. The subdivider shall design and install a complete sanitary sewer system, which shall connect with a sanitary sewer outlet in conformance with the standards of the County Board of Health and the City Board of Public Works and Safety.
(3) Installation plans. The plans for the installation of a sanitary sewer system shall be provided by the subdivider and approved by the Health Officer and the City Utilities Service Board. Upon the completion of the sanitary sewer installation, the plans for the system as built shall be filed with the Commission. (See § 9.22.)
(4) Design specifications. The system shall be provided with all necessary supplemental equipment or machinery (including, but not limited to, lift stations) and be in those lengths, sizes, dimensions and specifications as be required by the City Utilities Department.
(5) General location. Sewer mains and transmission lines and structures, with the exception of any above ground structures such as lift stations or pumps, shall generally be located underground in the right-of-way provided along public streets. In all instances, the required drawings of these transmission lines shall be shown with the locations of any street trees and all other utilities to be provided. The placement of the sewer mains and laterals shall be compatible with the landscape plan and not preclude the implementation of the landscape plan.
(6) Sewer system plans and specifications. The plans for the installation of a sanitary sewer system shall be prepared by a professional engineer or surveyor licensed in the state, shall be provided by the subdivider, and shall be subject to review and approval by the City Utilities Department.
(7) Additional requirements. All sewer systems shall be in accordance with State Board of Health and State Department of Environmental Management (IDEM) regulations.
(8) “As-built” drawings. Upon completion of the sewer installation, the plans “as-built” in paper (hard copy) and electronic format (if possible), shall be filed with the Utilities Department.
(B) Water.
(1) Interpretation. The phrase THE SUBDIVIDER SHALL PROVIDE shall be interpreted to mean that the subdivider shall install the facility referred to.
(2) Water main supply system. The subdivider shall provide the subdivision with a complete water main supply system, which shall be connected to a municipal or a community water supply approved by the Health Officer and the City Utilities Service Board, in accordance with the requirements and procedures of the Public Service Commission’s Rule 24, Extension of Water Mains by Public Utilities.
(3) Layout. The general layout of the water supply system shall be provided by the subdivider and the City Utilities Service Board shall provide the plans for the water supply system in accordance with Rule 24.
(4) Design specifications. The water system shall include all necessary supplemental equipment and machinery including, but not limited, to all pipes, fire hydrants and valves.
(5) General location. Water supply mains and transmission lines shall be located either in the right-of-way adjacent to public streets (opposite any sanitary sewer also included in that right-of-way) or in the front yard of lots in easements immediately adjacent to the rights-of-way. The placement of water utilities should be compatible with, and not preclude the landscape plan requirements.
(C) Storm drainage.
(1) Design and size. Drainage systems shall generally promote the maintenance of natural drainage ways and the incorporation of natural topography. The design and size of facilities shall be based on the anticipated runoff from a ten-year storm under conditions of total potential development permitted by the ordinance in the watershed.
(2) Plans and filing. The drainage report and plans for the installation of a storm drainage system shall be provided by the subdivider, reviewed at TAC, and approved by the City Stormwater Management Board. Upon the completion of the storm sewer installation, the plans for the system as-built shall be filed with the Planning and Zoning Administrator. (See § 9.22.)
(3) Open drainage restrictions. Open drainage systems shall not be allowed in the front yards of new development within the jurisdictional areas of the city unless as part of an innovative drainage concept employing best management practices (BMPs) and approved by the city. Where approved, shallow swales, sown or sodded in appropriate plant material, shall be provided. The use of deep, open ditches is prohibited. Roadside drainage shall not be disrupted by driveways or other obstructions.
(4) Drainage area. A storm drainage system shall be designed and constructed by the subdivider to provide for the proper drainage of surface water from the subdivision and from the drainage area which drains into the subdivision. All areas included in the drainage area shall be considered based on their present development conditions for the purposes of designing the necessary drainage facilities.
(5) Required outlets. All lots within each subdivision shall be provided with a drainage system connected to a working outlet such as a natural stream, a storm sewer or an existing open ditch. In no case shall a field tile be considered an acceptable outlet. No connection draining stormwater runoff shall be made to a sanitary sewer.
(6) Positive drainage from structures. All lots, tracts or parcels shall be graded to provide proper drainage away from all structures, and dispose of the water without ponding in locations other than intended dry or wet detention basins.
(7) Discharge requirements. It shall be illegal for sump pumps, down spouts or foundation drains to outlet directly to the street or into the right-of-way of the street, or to be connected to the sanitary sewer.
(a) Sump pumps. Sump pumps shall be connected to the subsurface drainage system described in this ordinance.
(b) Down spouts. Down spouts may either be connected directly to the subsurface drainage system, or may outlet into the yard of the structure on which they are located.
(8) Professional design requirements. The plans for the installation of the storm sewer system shall be prepared by a professional engineer or surveyor licensed in the state. The subdivider’s engineer shall also study the effects of each subdivision on the existing downstream drainage facilities outside the area of the subdivision. These plans and studies shall be provided by the subdivider and shall be subject to review and approval by the TAC and City Board of Works. In the review and approval of the plans, the Board of Works may require off-site improvements of drainage outlets to adequately handle the run-off from the subdivision.
(a) As-built drawings. Upon completion of the subdivision, the plans “as-built” in paper (hard copy) and electronic format (if possible), shall be filed with the Planning and Zoning Administrator as per § 9.22.
(b) Hardships. If, in the opinion of the Plan Commission, a hardship would be created by sizing the system to the entire drainage area, the Plan Commission may recommend that the city join with the subdivider in financing the drainage requirements that are beyond the immediate requirements of the subdivision.
(9) Street drainage. All streets shall be provided with an adequate storm drainage system consisting of curbs, gutters, storm sewers and inlets or side ditches and/or culverts, consistent with the specifications of the city, the appropriate street design standards provided by § 8.8 and the following requirements.
(a) Flood hazard areas. All streets must be located at elevations that will make them flood-free in the event of a 100-year flood.
(1) Where flood conditions exist, the Plan Commission shall require profiles and elevations of streets in order to determine the advisability of permitting the proposed subdivision activity.
(2) Fill may be used in areas subject to flooding in order to provide flood-free streets, if the fill does not unduly increase flood heights.
(3) Drainage openings shall be designed so as not to restrict the flow of water and thereby unduly increase flood heights.
(b) Stormwater storage. Drainage inlets shall be spaced, and their capacity shall be adequate, to limit the spread of stormwater from the gutter into the street. Inlets shall be placed at all low points in the grade of the gutter and at all intersections to prevent stormwater from flowing across traffic lanes and sidewalks.
(1) Storm drainage systems shall be designed to prevent the overtopping of curbs by a ten-year storm.
(2) Local streets shall have a minimum 12-foot wide section free from water during a ten-year storm.
(3) Collector and arterial streets shall have a minimum 24-foot wide section free from water during a ten-year storm.
(4) All water shall be contained in the right-of-way for a 50-year storm.
(c) Protective grates. Protective gratings shall be placed over all inlets and outlet piping ten inches or larger.
(d) Cross-gutter requirements. All streets having curb and gutter on which stormwater flows across intersections and/or driveways shall be provided with concrete cross-gutter at all intersections and driveways.
(e) Underdrains. The subdivider shall provide a subsurface drainage system, below curbs, to be placed along both sides of the subdivision streets and wherever else within the subdivision that it is determined to be necessary by the city.
(f) Off-street drainage system general requirements. The design of the off-street drainage system shall include all watersheds affected by the subdivision, and shall extend to a water course or ditch adequate to receive the storm drainage as determined by the city.
(g) Side and rear yard swales. All side and rear yard swales shall meet the following requirements and the specifications of the City Engineer:
(1) The minimum flow line grade of swales shall generally be 1%;
(2) The maximum flow line grade of swales shall generally be 7%; and
(3) The front and back slope of swales shall generally not be steeper than a four (horizontal) to one (vertical) slope.
(Ord. 07-16, passed 12-10-2007)
(A) In developments which include any of the following, the developer shall be required to establish a maintenance or homeowner’s association in accordance with the laws of the state prior to transferring title to any property within the development:
(1) The density is equal to or greater than one-half units per acre;
(2) Common or open areas;
(3) Landscaped entryway which will require annual maintenance; or
(4) Public sidewalks.
(B) The covenants of the subdivision secondary plat shall include the following language.
(1) Association. Each lot owner in the subdivision or addition, by acceptance of a deed conveying title thereto, whether from the developer or a subsequent owner of the lot, shall accept the deed subject to the provisions of the bylaws of the (insert the name of the association) Maintenance or Homeowner’s Association, Inc., and thereby becomes a member of the (insert the name of the association) Maintenance or Homeowner’s Association, Inc., for the purposes outlined herein. The (insert the name of the association) Maintenance or Homeowner’s Association, Inc. shall be self-perpetuating and will not be disbanded.
(2) Maintenance. The maintenance or homeowner’s association shall be professionally managed by a licensed property manager which shall be required by the association bylaws. The laws of the association shall further require that revisions to the bylaws, covenants and/or the management firms’ contract may occur only upon the consent of 80% or more of the lien holders of the property in the subdivision (not the property owners).
(Ord. 07-16, passed 12-10-2007)
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