§ 152.019 EXEMPTIONS FOR TRANSPORTATION, COMMUNICATION, AND UTILITY LINES.

   (A)   Service easements, including but not limited to those providing for: roadways; railroad lines; pipelines; electric power lines, conduits or systems; telephone lines, conduits or systems; cable television lines, conduits or systems; water mains, lines valves or fire hydrants; sanitary sewer mains, lines, laterals, manhole structures or lift stations; drainage or storm sewer inlets, pipes or roof drains; and similar and comparable utility services and facilities, shall be exempt from the provisions of this chapter.

   (B)   Bus stations, park and ride facilities, railway terminals, gas storage tanks, power stations, utility substations, water treatment plants, pumping stations, water towers, sewage treatment plants and other facilities which generate, create, or process such transportation, communication, or utility services, shall be subject to all use and development standards regulations of this chapter.

(Ord. 1221, § 1.01(s), passed 1-26-2010)

§ 152.020 CLEAR SIGHT AREA REQUIREMENTS.

   (A)   Except for the TC District, no building, structure or improvement, including landscaping, shall be erected, placed, planted, or maintained so as to interfere with a clear sight area located between the heights of 3 feet and 10 feet above the crown of a street, driveway or alley.

   (B)   A “clear sight area” shall be established for all streets, whether public or private, in one of the following manners:

      (1)   At the intersection of streets, clear sight areas are formed at each corner by the street right-of-way lines and a line connecting points on the right-of-way lines located 25 feet away from the intersection of the street right-of-way lines. In the case of a round or corner-cut right-of-way, the measurement shall be taken from the intersection of the right-of-way lines extended; or

      (2)   At the intersection of a street with a driveway or alley, clear sight area shall be formed by the intersection of the street right-of-way line and the driveway surface edge or the right-of-way of the alley and a line connecting points 10 feet from the intersection of the street right-of-way line and the driveway surface edge or alley right-of-way.

(Ord. 1221, § 1.01(t), passed 1-26-2010)

§ 152.021 REQUIREMENTS FOR ALL PRIVATE STREETS AND PRIVATE ALLEYS.

   All private streets and private alleys, when specifically authorized for use by the town through grant of a variance, development incentive, plat or subdivision waiver, shall be developed to the following standards.

   (A)   Pavement width for private streets. Minimum pavement width for that portion of a private street available for through traffic (i.e., exclusive of parking spaces):

      (1)   Residential Districts:

         (a)   One-way traffic: 12 feet; and

         (b)   Two-way traffic: 24 feet.

      (2)   Commercial/Mixed Use Districts or Industrial Districts:

         (a)   One-way traffic: 18 feet; and

         (b)   Two-way traffic: 36 feet.

   (B)   Pavement width for private alleys. Minimum pavement width for that portion of a private alley available for through traffic (i.e., exclusive of parking spaces):

      (1)   Residential Districts: 12 feet; and

      (2)   Commercial/Mixed Use Districts or Industrial Districts: 16 feet.

   (C)   Depth and materials. Minimum pavement depth and materials for that portion of a private street or private alley available for through traffic, as noted above, shall be as required by the town for public streets or public alleys. Curb sections shall be as required by the town for public streets or public alleys.

   (D)   Emergency vehicles. The geometric design of private streets or private alleys shall provide for the through movement or turnaround of emergency vehicles. Turnaround design may include cul-de-sac, hammerhead, or other design approved by the Town Board of Public Works.

   (E)   Maintenance/services. Prior to the issuance of an improvement location permit or obtaining secondary plat approval, the developer or subdivider shall file documentary assurances with the Town Council that all lots served by the private streets or private alleys shall be provided with the following services: regular trash pick-up; leaf pick-up; snow removal; daily mail delivery service; roadway maintenance and repair, including but not limited to driving surface, roadway subgrade, subsurface drainage, roadside drainage, curbs, sidewalks, street lights, street name signs, traffic-control signs, and traffic-control signals; and powers to enforce speed control and parking regulations. Such services shall be provided in accordance with the specifications approved by the Town Council, which shall include the establishment of a maintenance fund or escrow account by the developer or subdivider, which may be supplemented by regular or special assessments against each lot owner, provided the assessments are at reasonable and non-discriminatory rate of charge. Such documentary assurances shall be incorporated into the applicable final plat that is recorded in the office of the Recorder of St. Joseph County, or otherwise provided for through legally binding perpetual agreements as approved by the Town Council.

(Ord. 1221, § 1.01(u), passed 1-26-2010)

§ 152.022 EXEMPTION FOR ANTI-TERRORISM DEVICES AND PORTABLE TOWERS.

   Sensors and special devices specifically designed to monitor air quality and to alert governmental authorities of biological, chemical, or nuclear attack(s) shall be allowed on any building or structure, including telecommunications towers, subject to the final review of the Zoning Administrator. Integrated portable tower systems, which are specifically designed to monitor air quality and which may alert governmental authorities of biological, chemical, or nuclear attack(s), may be permitted on an emergency basis, subject to the final review of the Zoning Administrator with regard to location(s) and duration.

(Ord. 1221, § 1.01(v), passed 1-26-2010)