(A) The developer of any subdivision designed to be used for residential, commercial or other purpose shall lay out, grade and otherwise improve all streets that are designated on the approved plat or that directly serve the subdivision in accordance with the standards and specifications of these regulations and other applicable regulations. The construction standards in these regulations provide an appropriate range of basic and optional requirements for street improvements.
(B) Streets shall conform in design and layout to the standards and principles contained herein.
(C) Every lot within a subdivision shall have access to a street.
(D) No subdivision shall be approved unless the area to be subdivided shall have frontage on, and access from, an existing street, unless such street is:
(1) An existing state or county highway; or
(2) A street shown upon a plat approved by the Planning Commission and recorded in the County Clerk’s office. Such street or highway must be suitably improved as required by highway regulations and/or street specifications, or be secured by a performance bond required under these regulations, with the width and right-of-way required by these regulations.
(E) Whenever a subdivision contains a street that requires a street facility that is more costly than is required to serve the future occupants of the subdivision, the subdivider shall be require to pay only the portion of the cost of the street that would equal the improvement required to serve only the subdivision, as determined by the Planning Commission and the City Council.
(F) Residential development adjacent to a section line street or other arterial street shall comply with the following.
(1) Only backing or siding residential lots shall be used adjacent to the above described roadways unless a frontage road is provided for local access purposes. This shall not apply to any residential lots two acres or more in size.
(2) Steel mesh fencing at least four feet high with permanent evergreen plant screening, at least three feet high, or a fence approved by the city, shall be installed by the developer within the required screening easement at the right-of-way line behind or at the side of residential lots and shall be maintained by the developer for one year from the date of installation. There shall be no openings in any fence for vehicular access onto the above described roadways, except at street intersections, and at approved openings to commercial areas.
(3) Subdivision streets shall not open onto an arterial street except at an average interval of not less than one-eighth mile, measured from the centerlines.
(4) The maintenance of all required fencing and the arterial right-of-way, including mowing, must be addressed by the developer. Maintenance shall be provided by a mandatory property owners’ association. Such provisions cannot be changed without the express written approval of the city.
(G) The arrangement, character, extent, width, grade and location of all streets shall conform to all elements of the Comprehensive Plan and be designed in accordance with the provisions of these regulations and other applicable regulations.
(H) Roads shall be related appropriately to the topography. Local roads shall be curved wherever possible to provide topographic compatibility. All streets shall be arranged so as to obtain as many as possible of the building sites at, or above, the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided.
(I) All thoroughfares shall be properly related to special traffic generators (such as industries, schools, churches and the like), to population densities and to the pattern of existing and proposed land uses.
(J) In business, industrial or other similar developments, the streets and other accessways shall be planned in connection with the grouping of buildings, location of rail facilities and the provision of alleys, truck loading and maneuvering areas, and walks and parking areas, so as to minimize conflict of movement between the various types of traffic, including pedestrian.
(K) Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of the proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider.
(L) No street name shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the Planning Commission and the City Council. The developer shall obtain approval from the 911 Coordinator on street names prior to filing the application.
(M) Major streets in the subdivision shall be planned to conform with the Major Street Plan adopted by the city and provision shall be made for the extension of major and secondary thoroughfares. Except for courts, places or cul-de-sacs, streets normally shall connect with streets already dedicated in adjoining or adjacent subdivisions, provide for future connections to adjoining unsubdivided tracts or be a reasonable projection of streets in the nearest subdivided tracts, or conform to a neighborhood plan approved and adopted by the Planning Commission.
(N) Whenever a subdivision abuts or contains an existing or proposed major street, the Planning Commission may require service streets, reverse frontage with screen planting contained in a non- access reservation along the rear property line, deep lots or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
(O) Minor streets shall be laid out so that their use by through traffic will be discouraged.
(P) Railroad rights-of-way and limited-access highways, where so located as to affect the subdivision of adjoining lands, shall be treated as follows:
(1) In residential districts, a buffer strip at least 25 feet in depth in addition to the normal depth of the lot required in the district shall be provided adjacent to the railroad right-of-way or limited-access highway. This strip shall be part of the platted lots and shall be designated on the plat: “This strip is reserved for screening. The placement of structures hereon is prohibited.”
(2) In districts zoned for business, commercial or industrial uses, the nearest street extending parallel or approximately parallel to the railroad shall, wherever practicable, be at a sufficient distance therefrom to ensure suitable depth for commercial or industrial sites.
(Q) Reserve strips controlling access to minor streets by parties or persons other than public agencies shall be prohibited.
(R) (1) Half-streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and, provided that, the Planning Commission finds it will be practical to obtain the dedication of the other half of the street easement when the adjoining property is subdivided.
(2) Whenever a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted within the tract which is being subdivided.
(S) (1) Whenever the major or minor street is located wholly within the proposed subdivision, the total width of the right-of-way shall be dedicated.
(2) Whenever the major or minor street is located adjacent to the outer edge of the subdivision, one-half of the right-of-way shall be dedicated, if it is determined by the Planning Commission that it is equitable and feasible from an engineering design standpoint for the other half of the right-of-way to be dedicated from adjacent property.
(T) COLLECTOR STREET is defined as a street that collects traffic from minor streets en route to major streets or community facilities and it serves more than 40 dwelling units.
Street Type by Zoning
| |
Street Type
|
Zoning District
|
Without curb and gutter, bar ditch allowed | A, E-1, E-2 |
Curb and gutter required | All other zoning districts |
(U) Private streets shall always be open to police, fire and other officials. Private streets shall be maintained by the abutting property owners and not the city. Private streets shall be required to meet certain minimum standards as follows.
(1) Private roadway easement shall be at least 50 feet in width.
(2) Utility easements of at least ten feet in width shall be granted to the city for public utilities, as may be needed for present or future development.
(3) The property shall abut the private street for a distance in accordance with the zoning district criteria.
(4) The private street shall not be dedicated to the public, but reserved for future dedication and, until the future dedication, shall be private street of the owners of the abutting property.
(5) Streets shall be constructed to dedicated street standards.
(6) The private street shall be maintained by the owners of the property abutting the street.
(7) The face of the property plat shall have clearly and conspicuously emblematized a notice that the streets have not been dedicated to the public and that the streets shall be maintained by the private property owners whose property abuts the streets. The streets shall always be open to police, fire and other official vehicles of all state, federal, country and municipal officials.
(8) Every deed clearly acknowledge that the street is private and not maintained by the city.
(9) Prior to the sale of any parcel of land in the subdivision, a conspicuous sign shall be posted at the entrance to the subdivision: “Private roadway not maintained by the city.”
(10) At any time, the private street if petitioned by a minimum of 60% of abutting property owners and brought into compliance with minimum street standards, may be accepted and maintained by applicable.
(11) All streets standards for the city not in conflict with the preceding private street provisions shall be applicable.
(12) The developer shall deposit with the City Clerk, at the time of approval of the final plat for subdivision, a sum to be based on current estimate by the Building Official, for each regulatory sign required by the City Council at road intersections. The city shall then install all regulatory signs within the subdivision, unless other provisions are provided in platting.
(V) When property is platted or divided in lots of two acres or greater and meets all the following criteria, private streets may be used in limited situations as reviewed by Planning Commission. Private streets shall always be open to police, fire and other officials. Private street shall be maintained by the abutting property owners and not the city. Private streets shall be required to meet certain minimum standards as follows.
(1) Private roadway easements shall be at least 50 feet in width.
(2) If lot sizes are less than one acre, private streets shall be constructed with two inches of asphalt over a six-inch modified subgrade.
(3) Utility easements of at east ten feet in width shall be granted to the city for public utilities, as may be needed for present or future development.
(4) The property shall abut the private street for a distance in accordance with the zoning district criteria.
(5) The property shall be more than one- quarter mile from sewer and water facilities furnished by the city.
(6) The private street shall not be dedicated to the public, but reserved for future dedication and, until the future dedication, shall be the private street of the owners of the abutting property.
(7) The private street shall be maintained by the owners of the property abutting the street.
(8) The face of the property plat shall have clearly and conspicuously emblematized a notice that the streets have not been dedicated to the public and that the streets shall be maintained by the private property owners whose property abuts the streets. The streets shall always be open to police, fire and other official vehicles of all state, federal, county and municipal officials.
(9) Every deed shall clearly acknowledge that the street is private and not maintained by the city.
(10) Prior to the sale of any parcel of land in the subdivision, a conspicuous sign shall be posted at the entrance to the subdivision: “Private roadway not maintained by the city.”
(11) At any time, the private street, if petitioned by a minimum of 60% of the abutting property owners and brought into compliance with minimum street standards for public streets, may be accepted and maintained by the city.
(12) All street standards for the city not in conflict with the preceding private street provisions shall be applicable.
(13) The developer shall deposit with the City Clerk, at the time of approval of the final plat for the subdivision, to be based on a current estimate by the Building Official, for each regulatory sign required by the City Council at road intersections. The city shall then install all regulatory signs within the subdivision, unless other provisions are provided in platting.
(2002 Code, § 153.046) (Ord. 230, passed 9-8-1986; Ord. 415, passed 12-14-1998; Ord. 651, passed 10-26-2009
; Ord. 899, passed 12-13-2021)