(A) Conformance to applicable rules and regulations. In addition to the requirements established in these regulations, all subdivision plats shall comply with the following laws, rules, and regulations:
(1) All applicable statutory provisions;
(2) The local government zoning ordinance, building and housing codes, and all other applicable laws of the appropriate jurisdictions;
(3) The Official Comprehensive Plan, Official Map, Public Utilities Plan, and Capital Improvements Program of the local government, including all streets, drainage systems, and parks shown on the Official Map or Comprehensive Plan as adopted;
(4) The special requirements of these regulations and any rules of the Health Department and/or appropriate state or substate agencies;
(5) The rules of the State Highway Department if the subdivision or any lot contained therein abuts a state highway or connecting street;
(6) The standards and regulations adopted by the City Engineer and all boards, commissions, agencies, and officials of the local government;
(7) Plat approval may be withheld if a subdivision is not in conformity with the above laws, regulations, guidelines, and policies as well as the purposes of the regulations established in this chapter.
(B) Adequate public facilities. No preliminary plat shall be approved unless the Planning and Zoning Commission and the City Council determines that public facilities will be adequate to support and service the area of the proposed subdivision. The applicant shall, at the request of the Planning and Zoning Commission or the City Council, submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on and use of public facilities by possible uses of said subdivision. Public facilities and services to be examined for adequacy will include roads and public transportation facilities, sewerage, and water service.
(1) Periodically the City Council will establish by resolution, after public hearing, guidelines for the determination of the adequacy of public facilities and services. To provide the basis for the guidelines, the Planning and Zoning Commission must prepare an analysis of current growth and the amount of additional growth that can be accommodated by future public facilities and services. The Planning and Zoning Commission must also recommend any changes in preliminary plat approval criteria it finds appropriate in the light of its experience in administering these regulations.
(2) The applicant for a preliminary plat must, at the request of the Planning and Zoning Commission or the City Council, submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on and use of public facilities and services by possible uses of said subdivision.
(3) Comprehensive Plan consistency required. Proposed public improvements shall conform to and be properly related to the local government's comprehensive plan and all applicable capital improvements plans.
(4) Water. All inhabitable buildings and buildable lots shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection.
(5) Wastewater. All habitable buildings and buildable lots shall be served by an approved means of wastewater collection and treatment.
(6) Stormwater management. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding. The local government may require the use of control methods such as retention or detention, and/or the construction of offsite drainage improvements to mitigate the impacts of the proposed developments.
(7) Roads. Proposed roads shall provide a safe, convenient, and functional system for vehicular and pedestrian circulation, shall be properly related to the comprehensive plan, and shall be appropriate for the particular traffic characteristics of each proposed development.
(8) Extension policies. All public improvements and required easements shall be extended through the parcel on which new development is proposed. Streets, water lines, wastewater systems, drainage facilities, electric lines, and telecommunications lines shall be constructed through new development to promote the logical extension of public infrastructure. The local government may require the applicant of a subdivision to extend offsite improvements to reach the subdivision or oversize required public facilities to serve anticipate future development as a condition of plat approval.
(C) Self-imposed restrictions. If the owner places restrictions on any of the land contained in the subdivision greater than those required by the Zoning Ordinance of these regulations, such restrictions or reference to those restrictions may be required to be indicated on the subdivision plat, or the Planning and Zoning Commission may require that restrictive covenants be recorded with the County Recorder of Deeds in a form to be approved by the Local Government Attorney.
(D) Monuments. The applicant shall place permanent reference monuments in the subdivision as required in these regulations and as approved by a registered land surveyor.
(1) Monuments shall be located on street right-of-way lines, at street intersections, angle points of curve and block corners. They shall be spaced so as to be within sight of each other, the sight lines being contained wholly within the street limits.
(2) External boundaries of a subdivision shall be monumented in the field by monuments of stone or concrete, not less than 30 inches in length, not less than four inches square or five inches in diameter, and marked on top with a cross, brass plug, iron rod, or other durable material securely embedded; or by iron rods or pipes at least 30 inches long and two inches in diameter. These monuments shall be placed not more than 1,400 feet apart in any straight line and at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points in any line, and at all angle points along the meander line, those points to be not less than 20 feet back from the bank of any stream, except that when such corners or points fall within a street, or proposed future street, the monuments shall be placed in the side line of the street.
(3) All internal boundaries and those corners and points not referred to in the preceding paragraph shall be monumented in the field by like monuments as described above. These monuments shall be placed at all block corners, at each end of all curves, at a point where a stream changes its radius, and at all angle points in any line.
(4) The lines of lots that extend to streams shall be monumented in the field by iron pipes at least 30 inches long and 7/8 inch in diameter or by round or square iron bars at least 30 inches long. These monuments shall be placed at the point of intersection of the stream lot line, with a meander line established not less than 20 feet back from the bank of the river or stream.
(5) All monuments required by these regulations shall be set flush with the ground and planted in such a manner that they will not be removed by frost.
(6) All monuments shall be properly set in the ground and approved by a registered land surveyor prior to the time the Planning and Zoning Commission recommends approval of the final plat.
(E) Character of the land. Land that the Planning and Zoning Commission or the City Council finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features that will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning and Zoning Commission, upon recommendation of the City Engineer, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve any danger to public health, safety, and welfare.
(F) Subdivision name. The proposed name of the subdivision and streets therein, shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations. The City Council shall have final authority to designate the name of the subdivision.
(Ord. 2005-6, § 5.1, passed 9-20-05)