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1226.01 CONFORMITY WITH SUBDIVISION REGULATIONS AND ZONING CODE.
   A proposed subdivision shall comply in all respects with the requirements of these Subdivision Regulations and the Zoning Code that are applicable to the area.
(Ord. 1049. Passed 2-26-85.)
1226.02 LOTS.
   (a)   Street Frontage; Dedications. Every lot in a subdivision shall abut upon a street that has been dedicated to public use. Lots that abut upon an arterial street may be required by Council to front upon a marginal access street. No private street shall be platted. Council may require the platting and dedication to public use of streets or alleys in a proposed subdivision to provide access to and from lands, whether platted or unplatted, adjoining or adjacent to such subdivision.
   (b)   Street Frontage; Lot Lines. Each lot shall front upon a public street. Inside lot lines, insofar as practical, shall be perpendicular to a straight street line or radial to a curved street line.
   (c)   Dimensions; Sewage; Parking. A residential lot served by a public sewer shall be not less than sixty feet in width at the building lines, 100 feet in depth and 7,000 square feet in area. A residential lot not served by a public sewer shall be not less than 100 feet in width at the building set-back lines, 150 feet in depth, and, in any event, 20,000 square feet in area. All types of lots not served by a public sewer shall contain an area adequate for an approved type of septic tank and disposal field. A lot proposed to be used for business, commercial or industrial purposes shall be of a size and dimension that will permit the development of off-street service and parking facilities appropriate to the use contemplated. However, the dimensions and area of a lot shall not be less than are necessary in order to comply with the requirements of these Subdivision Regulations that are applicable to such lot.
(Ord. 1049. Passed 2-26-85; Ord. 1720. Passed 2-11-14.)
1226.03 EXISTING STREETS.
   Existing arterial and collector streets outside a proposed subdivision that end at a boundary line of such subdivision shall be extended through such subdivision.
(Ord. 1049. Passed 2-26-85.)
1226.04 STREETS AND ALLEYS.
   (a)   Width. The width of the right of way for streets and alleys in a subdivision, if shown on a Master Street Plan adopted by Council, shall not be less than that shown on such Plan. If the width of the right of way is not shown on such Plan, the width shall not be less than the following:
   Street Type             Width (ft.)
   Arterial               80 to 150, as required by Council
   Collector               60
   Marginal access            45
   Minor                  45
   Alley                  16
   Four-foot easements adjacent to the street right of way are required on minor streets in blocks which have alleys. If the width of an existing arterial or collector street that is to be extended through the subdivision exceeds the required minimum width, the width of the extended part shall be not less than the greater of the two widths. If the proposed subdivision abuts upon an existing street, the right of way of which is not as wide as is required herein, the owner shall dedicate to the public use as a street an adjoining strip of land of such width that the street, thus widened, will comply with this subsection. Council may approve a street of a lesser width if it finds that topographical conditions or other physical conditions render impractical the construction of a street of the width required by this subsection.
   (b)   Intersection Jogs; Centerline Curvature. No street jog at an intersection shall have a centerline offset of less than 125 feet. If there occurs a deflection angle of more than ten degrees in the alignment of a street at a place other than an intersection, a curve of reasonably long radius shall be provided. On a street of sixty or more feet in width, the radius of curvature of the centerline shall be not less than 300 feet. On other streets, such radius shall be not less than 100 feet. A tangent of not less than 100 feet in length shall be provided between reverse curves on arterial and collector streets.
   (c)   Angle of Intersection; Curb Line Radius. An intersection of streets shall be as nearly as practical at an angle of ninety degrees and in no event less than sixty degrees. The radius of the curb line at a street intersection shall be not less than twenty feet in length. If the angle of the intersection is less than seventy-five degrees, the City may require a longer radius. Lot lines shall be rounded or otherwise set back sufficiently to enable sidewalks of normal width to be constructed.
   (d)   Grades. Grades on arterial and collector streets shall not exceed seven percent, or, on other streets, ten percent. Changes in grade on arterial or collector streets shall be connected by vertical curves of a length in feet of not less than fifteen times the algebraic difference in rates of grade, and, on other streets, not less than one-half of such length.
   (e)   Terminal; Turnarounds. Minor terminal streets or courts designed to have one end permanently closed shall not exceed 400 feet in length. The closed end shall have a turn-around with a diameter of the right of way of not less than 100 feet and with an outside diameter of the roadway of not less than eighty feet. Where the closed end of a proposed street will abut upon unplatted land, such end shall have a temporary turn-around with an outside diameter of the roadway of not less than eighty feet.
   (f)   Naming. A proposed street that is substantially in alignment with an existing named street shall bear the name of the existing street. However, no street shall bear the name of any existing street that has been dedicated to public use. This prohibition shall apply to the substitution of the word street, avenue, boulevard, drive, place or court or of a like word, for a word contained in the name of an existing street.
   (g)   Location of Alleys. An alley should be provided for every lot used or proposed to" be used for business purposes. If an alley is not provided, then a twelve-foot easement is required adjacent to the street right-of-way line on a minor street.
   (h)   Conformity to Master Plan. As to all matters not specified by these Subdivision Regulations, all streets and alleys shall conform to any Master Street Plan that Council may adopt.
(Ord. 1049. Passed 2-26-85.)
1226.05 PUBLIC SPACE.
   (a)   Requirements of Dedication. The Planning Commission, upon the consideration of a proposed public or private dedication by a subdivides the City Master Park Plan or the City Comprehensive Plan, all as applied to a subdivision site under consideration, shall recommend to Council that the subdivider be required to provide park sites and open spaces in the following manner, as determined by the Commission or by Council when such sites are reasonably necessary to serve the proposed subdivision and the future residents thereof:
      (1)   Percentage dedication. Dedication of such sites and land areas to the City or to the public, which dedication shall not exceed 8% of the total gross area of the land within the proposed subdivision, as determined by the Commission; or
      (2)   Dedication based on density. Dedication of such sites the amount of which shall be based on the proposed density in the subdivision in accordance with the following formula;
 
Percentage of Gross Area of the Subdivision Required When Net Density/Dwelling Unit Park Land is Dedicated
1
D.U./acre or more 0.6%
2
D. U./acre 1.2%
      (3)   Fee in lieu of percentage dedication. In lieu of dedication pursuant to paragraph (a)(1) hereof, at the discretion of Council, the subdivider shall pay a sum of money not exceeding the full market value of such sites and land as designated by the Commission. Such sums, when required, shall be held by Council for the acquisition of such sites and land areas by the City or by the appropriate public authority.
      (4)   Fee in lieu of dedication. In lieu of the dedication pursuant to paragraphs (a)(1) and (2) hereof, at the discretion of Council, the subdivider shall pay a sum of money equal to an amount per lot or dwelling unit where multiple unit structures are proposed. Such amount shall be as set out in the Master Fee Schedule of the City of Sidney. Sack sums, when required, shall be held by Council for the acquisition of such sites and land areas by the City or by the appropriate public authority.
      (5)   General fee in lieu. Notwithstanding paragraph (a)(3) hereof, Council may require a fee in lieu of the dedication under either paragraph (a)(1) or (a)(2) hereof, if the City Comprehensive Plan or the City Master Park Plan recommends neighborhood open space to be located elsewhere than in the immediate neighborhood comprehended by the proposed subdivision plat.
      (6)   Factors concerning amount of dedication. In determining the requirements for school sites, open space or park space, the Commission and Council shall consider the following;
         A.   Density and lot size of the proposed subdivision;
         B.   The location of the subdivision with respect to public open space, such as State and County recreation areas; and
         C.   The private ownership and maintenance of the open space are adequately provided for by written agreement and that the space is restricted only to park and recreational purposes by recorded instruments.
   (b)   Consideration of Total Development Area. The Commission and Council shall consider, when recommending provisions for sites and land areas for schools, parks and open space, the total development area of the subdivider involved, including the area of adjoining subdivisions, proposed subdivisions or various filings of the same subdivision owned or being developed by the same subdivides, his or her heirs, successors or assigns, and shall determine such sites and land areas on the basis of the total development area and the residents and future residents thereof, in which case the total dedication shall not exceed eight percent of the total development area or shall not exceed the area as determined by the density formula set forth in division (a)(2) hereof for the total development area. However, such dedication may exceed 8 % or the density formula for the specific subdivision or filing involved.
   (c)   Determination of Market Value. Whenever the term "market value" or "fair market value" is used in this section, such value shall be determined as of the time of filing the final plat, based upon raw land value in accordance with the following;
      (1)   The fair market value is determined by Council based upon the then assessed value, modified to equal market value in accordance with current practice of the County Assessor.
      (2)   If the subdivider objects to such evaluation, he or she may, at his or her expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the City, such appraisal may be accepted by Council if found reasonable.
      (3)   The City and the subdivider may agree as to the fair market value based upon the purchase price of the property, if such purchase occurred within 18 months prior to the filing of the final plat.
   (d)   Procedure for Dedication of Fee in Lieu. The procedure for determining whether the subdivides is to dedicate land, pay a fee, or both, shall be as follows:
      (1)   At the time of filing a sketch plan for approval, the subdivider shall, as a part of such sketch plan, indicate whether he or she desires to dedicate property for park and recreational purposes or whether he or she desires to pay a fee in lieu thereof. If he or she desires to dedicate the land for such purpose, he or she shall designate the area thereof on the sketch plan.
      (2)   At the time of the sketch plan approval, Council shall determine, as a part of such approval, whether to require a dedication of land within the subdivision notwithstanding the desire of the subdivides, a payment of a fee in lieu thereof, or a combination of both.
      (3)   Where dedication is required, it shall be accomplished in accordance with this section. Where fees are required the same shall be deposited with the City prior to approval of the final plat. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final plat and shall be recorded contemporaneously with the final plat.
   (e)   Limitation on Use of Land and Fees. The land and fees received under this section shall be used only for the purpose of providing park and recreational facilities, open space or school sites, as appropriate. All payments made in lieu of land shall be placed in a nonlapsing fund with the City and shall be used by the City exclusively for the acquisition of such sites. All dedications or payments made under this section shall be for the use and benefit of the owners and future owners of the proposed subdivision only.
   (f)   Exceptions. Council may authorize exceptions from these Subdivision Regulations in cases where, due to exceptional topographical conditions or other conditions peculiar to the site, an unnecessary hardship is placed on the subdivides. Such exceptions shall not be granted if it would be detrimental to the public good, create a conflict with the Comprehensive Development Plan or impair the intent and purpose of these Regulations. The conditions of any exceptions authorized shall be stated in writing in the minutes of Council with the justifications set forth.
(Ord. 1049. Passed 2-26-85; Ord. 1800. Passed 9-25-18.)
1226.06 BLOCKS.
   A block shall be not less than 600 feet nor more than 1,320 feet in length, unless, in the judgment of Council, a lesser or greater length is necessary to secure efficient use of land or desired street patterns. A block shall be of sufficient width to contain. two tiers of lots of minimum depth, unless the lots will front on an arterial or collector street or unless topographical conditions or the size of structures proposed to be erected render impractical the creation of two tiers of lots, in which event Council may approve a single tier of lots of minimum depth. If a block exceeds 600 feet in length and Council so directs, one or more strips of land, which shall be not less than ten feet in width and shall extend across the block at such location or locations as Council designates, shall be dedicated to public use for crosswalks, and one or more easements, which shall be not less than twenty feet in width and shall extend across the block at such location or locations as Council designates, shall be created for public utility lines.
(Ord. 1049. Passed 2-26-85.)
1226.07 UTILITY EASEMENTS.
   An easement for poles, wires, conduits, storm and sanitary sewers, gas, water and heat mains and other utility lines shall be established across the rear part of a lot if an alley is not provided and such an easement, in the judgment of Council, is necessary or desirable. If it is deemed necessary or desirable by Council, such easement shall be established along side lot lines or across other parts of a lot. Such easement shall be ten feet in width, unless Council authorizes or requires an easement of a lesser or greater width.
(Ord. 1049. Passed 2-26-85.)