(A) Screening. Screening walls are not permitted, except as specifically approved by the Council.
(B) Adequacy of streets and thoroughfares. All streets shall be designed and platted in general conformance with the thoroughfare plan, and other standards as applicable. Access to all lots shall be via approved streets as defined in this chapter.
(C) Design standards.
(1) General. In order to provide for streets of suitable location, width, and construction to accommodate prospective traffic and afford satisfactory access to police, firefighting, sanitation, and street maintenance equipment, and to coordinate streets so as to compose a convenient system and avoid undue hardships to adjoining properties, an adequate street and thoroughfare system shall be designed in accordance with the standards set forth in this chapter. In the event of a conflict between this chapter or other regulations and those contained in such documents, the more specific or restrictive provisions shall be applied as determined by the City Engineer. Paving and other improvements are subject to the participation policies of the city. All pavement structures shall be designed by the engineer of record based on a geotechnical investigation of the site and actual projected traffic volumes.
(2) Street paving and improvements. After underground utilities have been installed, the developer shall construct roadways as prescribed in this chapter. Adequate provision shall be made for water lines, sewer lines, other utilities, culverts, drains, and bridges. All street pavement, drainage improvements and structures, and turnarounds shall conform to all construction standards and specifications contained or referenced in this chapter.
(3) Concrete street requirements. Streets shall conform to the corresponding attachments in the Appendix to this chapter.
(4) Substandard streets. Existing substandard streets or roads, as defined in § 155.010 of this code that are located within or adjacent to the proposed development shall be upgraded, by the developer at his or her expense, to city standards. Off-site roads that are proposed by the developer to be improved to less than city standards shall be by written request of the developer and must be acted on as a variance to this chapter.
(5) Construction requirements.
(a) Residential and collector street construction. The developer shall, at his or her own cost and expense, construct all residential and collector streets within the subdivision in accordance with city standards (see Ch. 155 Appendix). No proposed pavement section of lesser thickness or using alternate materials to those shown on the Ch. 155 Appendix attachments shall be permitted unless the design is fully documented by the developer’s engineer to substantiate that the alternate design will provide equivalent capacity and durability and the alternate design is approved by the City Council with the advice and consent of the City Engineer.
(b) Major thoroughfare construction.
1. On roadways, adjacent to the proposed subdivision, that are designated to be major thoroughfares, the subdivider shall be required to construct, at his or her own cost and expense, ½ of the proposed ultimate street section together with proper drainage facilities.
2. Where major thoroughfares traverse a subdivision, the subdivider shall be required, at his or her own cost and expense, to construct a 2-lane wide section on each side of the roadway. Construction shall be in accordance with city standard construction details (see Appendix Attachments 5 and 6).
3. No proposed pavement section of lesser thickness or using alternate materials to those shown on the Appendix attachments shall be permitted unless the design is fully documented by the engineer to substantiate that the alternate design will provide equivalent capacity and durability and the alternate design is approved by the City Council with the advice and consent of the City Engineer.
(6) Paving type and width requirements.
(a) Residential and collector streets. Widths of residential and collector streets shall be as described in city standards (see Appendix Attachments 1 through 6).
(b) Roadway and street sections. As a minimum, roadways and streets shall have the right-of-way, cross-section, and construction indicated in the Appendix, Attachments 1 through 6, which are as follows:
1. Attachment 1, (24 feet), Estate Residential (concrete);
2. Attachment 2, Suburban Residential (concrete);
3. Attachment 3, (24 feet), Estate Collector (concrete);
4. Attachment 4, Suburban Collector (concrete);
5. Attachment 5, M4U-S (Suburban Undivided 4-Lane Thoroughfare); and
6. Attachment 6, M4D-S (Suburban Divided 4-Lane Thoroughfare).
(c) Street returns.
1. The minimum radius for all street returns shall be 30 feet.
2. The minimum radius returns for driveways on residential or collector streets shall be 20 feet.
3. The minimum radius returns for driveways on thoroughfares shall be 30 feet.
(7) Longitudinal pavement grades. The maximum longitudinal grades are as follows (unless approved by the City Engineer).
Type of Street | Maximum Grade |
Collector | 8% |
Major thoroughfare | 6% |
Residential | 10% |
(8) Median openings. Median openings, median pavers, and left turn lanes, including channelizing buttons, constructed to serve dedicated streets or private drives, shall be installed and paved to city standards (see Appendix) by the developer. Existing trees in the median, if affected by median improvements, must be relocated or replaced. If the trees cannot be relocated or replaced in the median, then the developer shall pay a reasonable fee to the city to replace the tree or equivalent caliber of trees in public right-of-way or on public land.
(9) Acceleration and deceleration lanes. Acceleration or deceleration lanes shall be installed by the developers when required by the City Engineer, and constructed to the same standards as the adjoining street in accordance with the City Engineer’s requirements.
(10) Future connections. Street extensions may be required to link subdivisions as the neighborhood develops. Temporary cul-de-sacs shall be installed by the developer when required by phasing.
(11) Intersections. Street intersections shall be constructed in accordance with the city’s standards, as modified by the City Engineer for application within the city’s jurisdiction.
(12) Traffic buttons. If recommended by the City Engineer and required by the Commission, the developer shall install traffic buttons which are necessary for the safe transition, channelization, or separation of traffic.
(13) Reserve strips. The creation of reserve strips shall not be permitted in such a manner as to deny access from adjacent property to any street, unless a variance, in writing, is requested.
(14) Grading and improvement plan. Streets shall be graded and improved in conformance with the city standards (see Appendix), and the design and specifications shall be approved as to design and specifications by the City Engineer. The construction plans are required to be submitted prior to plat approval, and shall include cross sections at a minimum of every 100 feet.
(15) Topography and arrangement.
(a) Streets shall be related appropriately to the topography. Residential streets shall be curvilinear as defined below. All streets shall be arranged so as to obtain building sites, when possible, 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. Design speeds shall be included in the plan set for roadway horizontal and vertical design.
(b) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
CURVILINEAR STREETS. Generally, streets which have at least 75% of the center line length along curves having radii of no more than 500 feet and subtending arcs of at least 45 degrees. This definition is subject to site physical consideration and site configuration.
(c) All streets shall be properly integrated with the existing and proposed system of streets and dedicated rights-of-way as established on the city’s thoroughfare plan. However, collector streets not shown on the plan may be required to meet traffic requirements of proposed development. Residential streets shall be designed to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.
(d) Proposed streets shall be extended to the boundary lines of the tract to be platted, unless prevented by topography or other physical conditions, or unless in the opinion of the Commission that extension is not necessary or desirable for the coordination of the layout of the subdivision or addition with the existing layout or the most advantageous future development of adjacent tracts.
(16) Continuation of streets and cul-de-sacs.
(a) The arrangement of streets shall provide for the continuation of principal streets between adjacent properties.
(b) If the adjacent property is undeveloped and the street must temporarily be a dead-end street, the street shall be constructed to the property line in accordance with city standards (see Appendix).
(c) Cul-de-sac turnarounds having a minimum radius of 40 feet shall be provided at the end of all permanent dead-end streets.
(17) Cul-de-sac length. No cul-de-sac unless otherwise authorized shall exceed 600 feet in length, which is to be measured from the center line of the street with which it intersects to the center point of the cul-de-sac. Lengths longer than 600 feet shall require specific approval by the Council. In reviewing an over-length submittal, the Commission shall consider the following:
(a) Alternative designs which would reduce cul-de-sac length;
(b) Means of mitigation, including but not limited to increased street width, mid-block turnarounds, limitation on the number of lots to be created and served, temporary points of access, and additional fire protection measures.
(18) Street names and signs.
(a) Street names must be submitted to the Planning and Zoning Commission for approval in accordance with the city’s guidelines for the naming of streets. Names of corporations may not be used as street names. The Planning and Zoning Commission will maintain an index of street names which will contain these guidelines. Street names and subdivision names are fixed at the time of approval of the final plat. A fee, in accordance with this code, will be charged to change street names and subdivision names after approval of the final plat, and approved by the appropriate post office.
(b) The developer shall purchase and install all street signs to city approved standards.
(c) Street name signs shall be installed in accordance with the city’s guidelines before issuance of a building permit for any structure on the streets approved.
(19) Street lights.
(a) Street lighting shall conform to ordinances and standards of the city. The cost of street lighting, including installation, maintenance and operation shall be borne by the developer and the Home Owners Association.
(b) Street lights shall use full cut-off fixtures to confine light to the area requiring illumination. The developer shall submit a street lighting plan that includes conduit with construction plans for approval by the city. The developer shall install conduit for street lights and traffic signals in divided thoroughfares as directed by the City Engineer, conduit shall be scheduled 80 with a minimum diameter of 3 inches with hand holes at all change of direction and at termination points.
(D) Street dedications and reservations.
(1) Dedication of right-of-way. The developer shall provide all right-of-way required for existing or future streets, including perimeter streets, as shown in the thoroughfare plan or other valid development plans approved by the Planning and Zoning Commission or City Council. Additional right-of-way may be necessary to meet drainage, utility placement, visibility, emergency egress and ingress, or other requirements as required by the City Engineer. In the case of perimeter streets, at least ½ of the total required right-of-way for those streets shall be provided. However, in some instances more than ½ shall be required depending on the actual or proposed alignment of the street. Standard right-of-way widths are specifically set forth in accordance with city standards (see Appendix).
(2) Perimeter streets. Where an existing half-street is adjacent to a new subdivision or addition, the remaining ½ of the street shall be dedicated and improved by the developer of the addition.
(3) Slope easements. The dedication of easements, in addition to dedicated rights- of-way, shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. These slopes shall not be in excess of 4 feet horizontal to 1 foot vertical, unless accepted by City Engineer.
(E) Street construction. The developer shall construct all streets or thoroughfares in accordance with city standards (see Appendix) in rights-of-way as required by the thoroughfare plan, subject to participation policies stated in § 155.091 of this code. Streets which dead-end at power lines or similar rights-of-way and are intended for future extension shall be constructed in the full right-of- way as required by the thoroughfare plan, for ½ the distance across the right-of-way for each side.
(F) Improvement, widening, and realignment of existing and proposed streets. Where a subdivision or addition borders a substandard street or when the thoroughfare plan indicates plans for realignment, widening, or constructing a street that would require use of some of the land in the subdivision or addition, the applicant shall improve and dedicate those areas for widening or realignment of those streets, as follows.
(1) When a proposed subdivision or addition abuts or will abut both sides of a substandard street or a proposed street in the major thoroughfare plan, the developer shall improve the substandard street or proposed street so that it will be a standard street. The minimum street cross- sections are as shown in the Appendix, Attachments 1 through 6.
(2) If the proposed subdivision or addition is located along only 1 side of a substandard street or a proposed street in the major thoroughfare plan, the owner shall be required to improve his or her
side of the substandard street or proposed street, so that it will be a standard street. The minimum street paving width shall be as shown in division (C)(6) of this section. The developer may, however, petition the city to construct the improvements herein required, subject, upon approval, to the city’s escrow policies stated in § 155.091 of this code.
(3) When any nonresidential street is to be extended through a property to intersect with another nonresidential street, the full design width shall be constructed for a minimum distance of 350 feet from the point of intersection. From that point the pavement width may be decreased, with provision of an appropriate transition in paving width. If property abutting only 1 side of the proposed thoroughfare is to be developed, then ½ of the lanes shall be constructed, including left turn lane and transition.
(G) Access from residential subdivisions or additions. Residential lots shall have a minimum street frontage at least 4 times the minimum side yard setback (cul-de-sac lots not included). Where subdivisions are platted so that lots face onto thoroughfares, direct driveway access to the thoroughfare is not permitted unless the lot has a front yard setback of at least 75 feet and a lot width of at least 150 feet.
(H) Private streets. Subdivisions may be developed with private streets instead of public streets if the development complies with the requirements of this section and the subdivision has received a specific use permit for a private street development.
(1) Design and construction standards. Private streets shall conform to the same standards regulating the design and construction of public streets.
(2) Streets excluded. Streets shown on the thoroughfare plan shall not be used, maintained, or constructed as private streets. Also, the Planning and Zoning Commission may deny the creation of any other private street if in the Commission’s judgment the private street would negatively affect traffic circulation on public streets or impair access to property either on-site or off-site to the subdivision, impair access to or from public facilities including schools, parks, and libraries, or delay the response time of emergency vehicles.
(3) Homeowners associations required. Subdivisions developed with private streets shall have a homeowners association which includes all property served by private streets. The association shall own and be responsible for the maintenance of private streets and appurtenances. The association documents must establish a reserve fund for the maintenance of streets and other improvements. The association documents shall be reviewed and approved by the City Attorney to ensure that they conform to this and other applicable city ordinances. The documents shall be filed of record prior to the approval of the final plat. Lot deeds must convey membership in the association and provide for the payment of dues and assessments required by the association. The association may not be dissolved without the prior written consent of the city. No portion of the association documents pertaining to the maintenance of the private streets and assessments may be amended without the written consent of the city.
(4) Private street lot.
(a) Private streets shall be constructed within a separate lot owned by the homeowners association. The street shall be in accordance with city standards (see Appendix Attachments 1 through 6), and the lot shall conform to all applicable city requirements.
(b) An easement covering the street lot shall be granted to the city providing unrestricted use of the property for utilities and the maintenance of same. This right shall extend to all utility providers, including telecable companies, operating within the city. The easement shall also provide the city with the right of access for any purpose related to the exercise of a governmental service or function, including but not limited to fire and police protection, inspection, and code enforcement. The easement shall permit the city to remove any vehicle or obstacle within the street lot that impairs emergency access.
(5) Construction and maintenance cost. The city shall not pay for any portion of the cost of constructing or maintaining a private street.
(6) City utilities. Water, sewer (when required), drainage facilities, street lights, and signs placed within the private street lot shall be installed to city standards and dedicated to the city prior to approval of the final plat. All city regulations relating to infrastructure financing, developer cost participation, and capital cost recovery shall apply to developments with private streets, with the exception of those applying to street construction.
(7) Plans and inspections. Developments proposed with private streets must submit to the city the same plans and engineering information required to construct public streets and utilities. Requirements pertaining to inspection and approval of improvements prior to final plat approval shall apply. Fees charged for these services shall also apply. The city may periodically inspect private streets and require repairs necessary to ensure emergency access.
(8) Access restrictions. The entrances to all private streets must be marked with a sign stating that it is a private street. Guard houses, access control gates, and cross arms may be constructed with approval of the City Council. All restricted access entrances must be staffed 24 hours every day, or provide an alternative means of ensuring access to the subdivision by the city and other utility service providers with appropriate identification. If the association fails to maintain reliable access as required to provide city services, the city may enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the association. The association documents shall contain provisions in conformity with this division which may not be amended without the written consent of the city.
(9) Waiver of services. The subdivision final plat, property deeds, and property owner association documents shall note that certain city services shall not be provided on private streets. Among the services which will not be provided are: routine police patrols, enforcement of traffic and
parking ordinances, and preparation of accident reports. All private traffic regulatory signs shall conform to the State Manual of Uniform Traffic Control Devices. Depending on the characteristics of the proposed development, other services may not be provided.
(10) Petition to convert to public streets. The property association documents shall allow the association to request the city accept private streets and the associated property as public streets and rights-of-way upon written notice to all association members and the favorable vote of 51% of the membership. However, in no event shall the city be obligated to accept these streets as public. Should the city elect to accept the streets as public, the city may inspect the private streets and assess the lot owners for the expense of needed repairs concurrent with the city’s acceptance of the streets. The city will be the sole judge of whether repairs are needed. The city may also require, at the association’s expense, the removal of guard houses, access control devices, landscaping, or other aesthetic amenities located within the street lot. The association documents shall provide for the city’s right to this assessment. Those portions of the association documents pertaining to the subject matter contained in this division shall not be amended without the written consent of the city.
(11) Hold harmless. The subdivision final plat shall specifically state that the homeowners association, as owner of the private streets and appurtenances, agrees to release, indemnify, defend, and hold harmless the city, any governmental entity, and public utility for damages to the private street occasioned by the reasonable use of the private street by the city, governmental entity, or public utility; for damages and injury (including death) arising from the condition of that private street; for damages and injury (including death) arising out of the use by the city, governmental entity, or public utility of any restricted access gate or entrance; and for damages and injury (including death) arising out of any use of the subdivision by the city, government entity, or public utility. Further, the statement shall provide that all lot owners shall release the city, governmental entities, and public utilities for such damages and injuries. The indemnifications contained in this division apply regardless of whether or not those damages and injury (including death) are caused by the negligent act or omission of the city, governmental entity, or public utility, or their representative officers, employees, or agents.
(Ord. 487, passed 7-18-2000; Am. Ord. 737, passed 7-20-2016) Penalty, see § 155.999