(A) Water supply.
(1) Where an approved public water supply is reasonably accessible or procurable, the subdivider shall install waterlines, or shall contract with the local water distributing agency to make the water supply available to each lot within the subdivision, including laterals to the property line of each lot. The subdivider shall furnish to the County Health Officer three copies of plans showing the location and size of proposed waterlines and fire hydrants, and also existing waterlines to which a connection is to be made. Information concerning the residual water pressure in the existing mains at the approximate point of connection shall also be furnished. The County Health Officer shall determine the adequacy of the existing water system to provide culinary water and fire protection to the State Board of Health Requirements to the lots in the subdivision. Written approval by the County Health Officer for the proposed water supply shall be submitted to the Planning Commission before consideration of the final plan.
(2) Where an approved public water supply or system is not reasonably accessible nor procurable, the subdivider shall install a water distribution system and provide a water supply to each lot from a source meeting the requirements of the State Board of Health rules and regulations relating to public water supplies and with the approval of the County Health Officer; provided, that the Planning Commission shall permit the water supply to be provided by means of individual wells if, in its determination, the subdivision is not an extension or continuation of an existing or approved subdivision of related property and the subdivision is in a location where water supply pollution is not considered to be a significant problem or factor as follows:
(a) In subdivisions of ten or more, but less than 20, lots where each lot has a minimum area of two and one-half acres and a minimum width of 300 feet; or
(b) In subdivisions of less than ten lots, evidence shall be submitted to the Planning Commission prior to the final approval of the subdivision that an adequate water supply meeting State Board of Health requirements is available in sufficient quantity to serve the subdivision.
(3) If individual well permits will not be issued by the State Division of Water Rights, one well permit must be obtained along with a letter of feasibility from the Division of Water Rights which states that well permits can be issued in the proposed area by the Division of Water Rights for exchange purposes. If well permits cannot be obtained, the lot will no longer be deemed a buildable lot as herein defined. The owner of record of the proposed subdivision property shall record a covenant to run with the land which advises the new lot owner of the requirements to be fulfilled before a building permit can be obtained. This shall include, but not be limited to:
(a) A well permit must be obtained;
(b) The time it may take to obtain the permit;
(c) The well must be drilled;
(d) Water quality to be satisfactory; and
(e) Water quantity to be sufficient, as required by the County Health Department, before a building permit can be obtained from the City Inspector.
(B) Sewage disposal.
(1) Where a public sanitary sewer is within 500 feet, or is close enough in the opinion of the County Health Officer and Planning Commission to require a connection, the subdivider shall connect with such sanitary sewer and provide adequate lateral lines to the property line of each lot. Such sewer connections and subdivision sewer systems shall comply with the regulations and standards of the city, and shall be approved by the City Engineer. Where the construction of a city trunk sewer is required to serve the subdivision, the subdivider shall be required to construct such trunk line in accordance with plans and specifications approved by the city and Sewer Improvement District as part of the normal subdivision improvements. Such trunk line shall be designed with sufficient capacity to serve the entire drainage area, as determined by the City Engineer, with the subdivider being entitled to reimbursement for such oversize costs through additional sewer connection fee assessments to developing properties within said drainage area for a period of ten years from the date of acceptance by the city.
(2) Where a public sanitary sewer is not reasonably accessible, the subdivider shall obtain approval from the County Health Officer for individual sewage disposal for each of the lots. Subdividers shall furnish to the County Health Officer a report of percolation tests completed on the property proposed for subdivision in accordance with the regulations of the State Department of Public Health governing individual sewage disposal systems. Three copies of the subdivision plan showing appropriate contours shall accompany the report and show thereon the location of test holes used in completing the tests. Percolation tests shall be completed and reports prepared and signed by a qualified registered sanitarian or a licensed engineer not in the employ of the city. Written approval from the County Health Officer shall be submitted to the Planning Commission before consideration of the final plat.
(3) Where a public sanitary sewer is not presently or reasonably accessible, the subdivider shall, nevertheless, and not withstanding anything herein to the contrary, be required to provide adequate lateral lines to the property line of each lot and shall provide for a connection for said laterals as though a sanitary sewer were reasonably accessible. Such sewer connections and subdivision sewer systems shall comply with the “Public Works Standards and Technical Specifications” for the city, as set out in Exhibit A, as well as the “Public Works Standards and Technical Specifications” for the City Wastewater Special Service District as promulgated, and as directed by the City Engineer. Where the construction of a trunk line is required, it shall be constructed in accordance with the terms set out in division (B)(1) above.
(C) Stormwater.
(1) The City Engineer may require the subdivider to dispose of stormwater, if such provision is deemed necessary, and provide drainage structures so that runoff from the subdivision does not exceed the runoff under undeveloped or natural conditions. If easements are required across abutting property to permit drainage of the subdivision, it shall be the responsibility of the subdivider to acquire such easements.
(2) When drainage structures, such as stormwater detention facilities, are required by the City Engineer, the city, at its option, may require the facility to be dedicated or otherwise transferred to the city or its designate. The city may also require the developer of the subdivision which the detention facility serves to form a Homeowners’ Association of all homes proposed in the subdivision. The purpose of the Association shall be to own and maintain the detention facility in satisfactory condition as specified by the City Engineer. In such cases, the city shall be granted an easement over the detention facilities to guarantee such facilities will remain and be used as intended for stormwater detention purposes.
(D) Street grading and surfacing. All public and private streets and private access rights-of-way shall be graded and surfaced in accordance with the standards and rules and regulations of the City Engineer.
(E) Curbs and gutters.
(1) Curbs and gutters shall be installed on existing and proposed streets by the subdivider where, in the opinion of the Planning Commission and City Engineer, they will be necessary to remove surface water, or for safety or other reasons.
(2) After recommendation by the Planning Commission and City Engineer, the City Council may waive curb and gutter improvements on non-state highway streets in subdivisions:
(a) Which are located in a primarily agricultural or rural area;
(b) Where, because of excessive topography and other reasons, runoff from a curb and gutter collection system could not easily and economically be disposed of; or
(c) Of an estate-type nature where the average lot width is 150 feet or more and the average lot is 40,000 square feet or more.
(F) Sidewalks. Sidewalks shall be required by the Planning Commission for reasons of safety or public welfare, except that in subdivisions where the average lot width is 150 feet or more, sidewalks may not be required.
(G) Monuments. Permanent monuments shall be accurately set and established at such points as are necessary to definitely establish all lines of the plat except those outlining individual lots. Monuments shall be of a type specified in the “City Public Works Standards and Technical Specifications” approved by the City Engineer.
(H) Street trees. Street trees shall be planted by the subdivider when so required by the Planning Commission and of a variety and location as approved by the Planning Commission.
(I) Street signs. Street signs shall be installed by the subdivider at all locations as designated by the City Engineer. Such signs shall be of such a type and of such material as shall be prescribed by the City Engineer. The City Council shall have the option to install such signs and charge such costs to the subdivider.
(J) Fencing of canals, and the like. The city recognizes that canals both provide a vital service to the community while at the same time presenting a possible hazard to certain of our citizens. While the city does not have any direct responsibility for the fencing and maintenance of these canals, in order to facilitate the required maintenance and operation of these facilities, the following procedures shall apply to all development within the city where that development abuts a canal.
(1) All developers proposing to develop or subdivide adjacent to a canal must provide written documentation to the city demonstrating that the canal company responsible for that canal has satisfied itself that the development will not encroach on the canal company’s maintenance right-of-way or otherwise impede canal operations; and, evidencing agreement on the part of the developer, to abide by the requirements of the canal company as those requirements may effect the proposed adjacent development.
(2) The city will not grant final approval to any subdivision or development without the documentation set out in division (J)(1) above having been placed in the development file.
(3) Each developer will be required to record the agreement with the canal company set out in division (J)(1) above, together with the finalized subdivision or development plat, in the office of the County Recorder, which plat must clearly show any canal easements or rights-of-way.
(4) The City Planner shall, on an automatic basis, and as a part of the subdivision permit and approval process, provide any canal company with a site plan of any proposed subdivision or development work adjacent to that company’s canal.
(K) Staking of lots. Survey stakes shall be placed at all lot corners so as to completely identify the lot boundaries on the ground.
(L) Peripheral fencing. The Planning Commission may require appropriate type fencing along the periphery of a subdivision in an agricultural zone so as to provide protection to adjacent farming lands from the adverse effects of residential living, and vice versa.
(M) Secondary water.
(1) Where a subdivision is proposed covering real property which is located within an existing culinary water district or the service area of an existing water corporation, or public secondary water system operator or provider, or within a water district or water corporation service area created to serve such subdivision, the Planning Commission shall, as part of the approval of the subdivision, require the subdivider to furnish adequate secondary water to the subdivided parcel and to do so in conjunction with the water provider as set out herein.
(a) Additionally, the Planning Commission shall, as a part of the subdivision approval process, require the subdivider to install a secondary water delivery system to the lots in said subdivision sufficient to conform to the public works standards of the city or, in the case of a public secondary water system, to the public works standards of said public water provider (when this situation applies, the standards of the public water supplier shall be deemed, for the purposes of this part, to be the standards of the city).
(b) If such water district or company files or has filed a written statement with the City Planning Commission which specifies that the policy of such water district or company is to the effect that its water is not to be used for other than culinary purposes and will not permit culinary water connections unless secondary water is provided by the subdivider, a certified copy of the minutes of the Board of Trustees of such water district or company showing the enactment of such policy must be furnished to the City Planning Commission.
(c) Notwithstanding the above, all new development shall be provided with connections to a public secondary water system consistent with the above policy as follows.
1. All new development within one-fourth mile (1,320 feet) of a public secondary water system is required to hook up to the system.
2. New development not within one-fourth mile of a public secondary water system can choose to do one of the following:
a. Postpone development until a public secondary water system is within one-fourth mile of the development; or
b. Develop and construct the necessary secondary waterlines and infrastructure to hook the development to a public secondary system according to the capital facilities plan of the system’s provider (this is consistent with the city’s current development requirements).
3. Lines constructed by the developer in accordance with this policy and that are, or become, part of the public secondary water provider entity’s master plan shall be reimbursed by the public entity to the developer.
(d) SECONDARY WATER shall mean water furnished for other than culinary purposes.
(2) Where the city, on behalf of a culinary water agency, requires irrigation water to be provided to each lot in a subdivision as part of the required improvements, the subdivider shall provide for the transfer of irrigation water rights by either of the following methods, as determined by the Planning Commission.
(a) The subdivider shall cause to be formed a Lot Owners’ Association as a non-profit corporation for the purpose of owning the irrigation water rights or stock for the lots in the subdivision. The subdivider shall transfer to the Association, at the time of subdivision recording, sufficient rights or stock, as required by the irrigation agency for the number of lots in the subdivision. The Articles of Incorporation of the Association shall provide, in addition to the Association owning the required water rights or shares on behalf of each and every lot owner, that each lot owner shall automatically be a member of the Association, that he or she is entitled to a pro rata share of irrigation water, that he or she is subject to a water distribution schedule and procedure established by the Association, and that he or she is responsible for his or her share of the costs of ditch and system maintenance, and assessments, as made by the Association from time to time.
(b) The subdivider shall provide the county with evidence that he or she holds sufficient irrigation water rights or shares for all of the lots in the subdivision. At the time of recording the approved subdivision plat, he or she shall record a covenant to run with the land in the subdivision, acknowledging that he or she holds sufficient irrigation water rights or shares for the lots in the subdivision, that these rights or shares will not be disposed of except to the lots in the subdivision, and that with the sale of each lot, he or she will transfer, at no cost, the required water rights or shares needed to properly irrigate the lot to the lot purchaser who is to be responsible for the proper use of the water as outlined in the irrigation water district or company’s distribution schedule and procedures.
(N) Fire hydrants. Fire hydrants of a type recommended by the County Fire Service Area and the City Engineer shall be required in all subdivisions of four lots or greater in number. The County Fire Service Area shall recommend the location of all fire hydrants in each subdivision, however, general locations shall be one hydrant for each 500 feet of street length.
(O) Private land drains.
(1) Where a subdivider finds it necessary to install private subsurface land drains in a subdivision to lower the groundwater table in order to receive County Health Department approval for the operation of septic tank drainfields in certain lots, he or she shall be required to record a deed covenant and restriction to run with the land stating that the city accepts no liability or responsibility for maintenance, repair, replacement, operation, or use of any consequence resulting from the operation or failure of operation of said land drains.
(2) The deed covenant shall provide that the owners of lots serviced by the land drains shall bear an equal responsibility to share all costs relative to the maintenance, repair, or replacement of said drains and also place said owners on notice that no building permit will be issued for said lots until the land drains have been constructed and found to function properly by the County Health Department.
(3) The design of private subsurface land drains shall be approved by both the City Engineer and the County Health Department.
(Ord. 3-92, passed 1-15-1992; Ord. 21-92, passed 12-16-1992; Ord. 1-96, passed 2-7-1996; Ord. 9-98, passed 5-6-1998; Ord. 11-2000, passed 11-15-2000)