(A) General requirements. Applications for primary or secondary approval of minor subdivisions shall be made in accordance with the Commission’s Rules of Procedure.
(B) Lots. The requirements of this section do not apply to parcels that are designated as common open space or to parcels that are owned by a land trust or other organization designated to hold and manage open space lands as described in § 156.51(Q).
(1) All lots shall have suitable building sites, properly related to topography and other natural or man-made features. A suitable building site is an area not containing wetlands, floodway areas, soils with severe limitations for foundations, environmental hazards, or other similar conditions that are adverse to construction, and is large enough to accommodate the principal structure, on-site sewage disposal system (if applicable), and customary accessory structures such as garages, decks, and patios.
(2) All lots shall have the minimum frontage required by Chapter 157 on a public street or approved private access easement.
(3) Whenever possible, residential lots shall be designed to have access from subdivision streets, not from streets of higher classification. Where access must be gained from a street of higher classification, the city engineer may require that multiple lots be served by a single jointly used access drive in order to limit the points of traffic conflict on the street. When such a combined drive is required, the plat shall include an easement providing for joint use and maintenance.
(C) Streets and access.
(1) Access. All parcels in the subdivision and adjacent land shall have adequate ingress and egress without the construction of any new streets or substantial improvement to existing streets.
(a) All lots shall have legal access to a platted private access easement, an approved private street, or to a public street that has been accepted for maintenance by, or has been continuously maintained for a period of ten years immediately preceding the filing of the subdivision, by a pubic agency regularly having responsibility for such maintenance. Such public street also shall have a hard surface, suitable for vehicular traffic, that is at least 20 feet in width, is in good repair, and has a geometry suitable for the traffic that it will carry after the proposed subdivision.
(b) Frontage on limited access streets on which driveways cannot open shall not constitute legal access.
(c) If by reason of topography, natural or man-made features, or other conditions relating to the property requested for subdivision, better access can be provided through construction of a new street, the petition shall be considered as a major subdivision.
(d) All lots shall have driveway locations that will provide adequate sight distance and will be properly spaced according to the standards of the City Engineer.
(2) Land adjacent to the property involved in the subdivision shall have adequate access according to the criteria contained in this section. New subdivisions shall not be permitted to landlock or to continue the landlocking of adjacent property.
(3) Access easements shall comply with the following criteria:
(a) Easements providing legal access to land shall be at least 50 feet in width.
(b) Access easements shall be so located as to be suitable as future public streets meeting the standards of this chapter.
(c) No more than two lots, parcels or tracts shall gain access from an access easement.
(d) When such easements are permitted, the plat shall contain a notation clearly stating that the easement is private and that the city will provide no maintenance or services relating to such easement.
(D) Water supply.
(1) When a public water supply is available within 500 feet of any point on the boundary of the property to be subdivided, the subdivider shall extend such system to serve the lots in the minor subdivision. For purposes of this section, an available system is one with sufficient capacity that can be utilized via existing rights-of-way or easements.
(2) When a public water supply is not available, the Commission may approve the use of individual wells. Wells and cisterns shall be located and/or constructed in accordance with the regulations of the ISDH. Any well serving an individual lot shall be located on such lot.
(E) Sewage disposal.
(1) When a sanitary sewer system approved by the state is available within 300 feet of any point on the boundary of the property proposed for subdivision, the subdivider shall extend such sewer system to serve the lots in the minor subdivision. Such system shall meet the standards of the state. If the service provider imposes a higher standard, the higher standard shall apply. For purposes of this section, an available system is one with sufficient capacity that can be utilized via existing rights-of-way or easements.
(2) When a public sewer system is not available as specified in division (E)(1) above, private sanitary waste system may be used. Such system shall be designed and installed in accordance with the regulations of the Health Department. Any such system serving only an individual lot shall be entirely located on such lot. Two filter field locations approved by the Health Department shall be required. The waste disposal system and both filter fields shall be protected from damage or disturbance during construction.
(Ord. 17, 2006, passed 11-27-2006)