(A) Drainage and storm sewers.
(1) The developer shall be responsible for the conveyance of all storm water flowing through the site and for the planning, design and installation of an adequate drainage system in accordance with all applicable town standards and specifications.
(2) Drainage studies of existing and future flows into and out of the subdivision site shall be prepared by a registered engineer, and all studies shall be approved by the town.
(3) The town shall not approve any subdivision plat which does not make adequate provisions for storm water and flood runoff.
(4) The storm water drainage system shall be separate from and independent of the sanitary sewer system.
(5) The town shall allow the use of streets for drainage within the limitations stated in the town’s standards and specifications.
(6) When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage easements shall be secured by the developer, indicated on the final plat of subdivision and shown by an appropriate instrument of grant which shall be recorded with the County Clerk and Recorder.
(7) Drainage, flood and watercourse areas and flow shall be retained in their natural state to the maximum extent feasible.
(8) Drainage construction plans shall be submitted to the town for approval in accordance with this chapter and other applicable town codes and requirements.
(9) In general, subdivision drainage facilities shall be located within the proposed subdivision and shall be designed to accommodate the minor and major storms, unless regional detention facilities exist within the subject watershed. The drainage facilities for the proposed subdivision shall be designed to accept the historic flows from areas upstream of the subdivision site and release flows from the subdivision site in a manner which does not adversely affect downstream properties.
(B) Policies for development in floodplains.
(1) Subdivisions and other development projects shall comply with all applicable town standards and specifications.
(2) The town may approve the location of lots within a 100-year floodplain under the following conditions.
(a) The buildable area of the lot shall be raised to a minimum of 12-inches above the elevation of the 100-year flood elevation.
(b) The subdivision shall provide an overflow zone approved by the town along the affected stream or watercourse which is sufficient to safely contain or convey storm water in times of flooding.
(c) The overflow area shall be located in a restricted tract, right-of-way or easement which permits no structures or fill.
(d) 1. The developer must secure a approved letter of map revision (LOMR) to revise the Federal Emergency Management Agency floodplain map.
2. Such letter shall become a condition of approval for the subdivision.
(e) The developer must be able to achieve the above requirements within the town floodplain policies.
(3) The town shall require that drainage and floodplain areas within a proposed subdivision be subdivided into restricted lots or tracts with specific drainage and or floodplain restrictions if the town determines the following:
(a) The restrictions for the lots or tracts are necessary for the health, safety or welfare of the present and/or future residents of the subdivision and of the town;
(b) The restrictions are necessary for the conservation of water; and
(c) The restrictions are necessary for the provision of adequate drainage and sanitary facilities.
(4) Any lot or tract with drainage and floodplain restrictions shall be subject to the following conditions.
(a) The lot or tract shall be of such size as to preserve the drainage areas to provide adequate width for maximum potential flow volumes of storm runoff and to permit the practical maintenance of the drainage area.
(b) The lot or tract shall retain the drainage or waterway vegetation or be improved in accordance with a landscape plan approved by the town.
(5) Floodplains which are required to be in restricted lots or tracts shall be protected from any and all destruction or damage resulting from clearing, grading or dumping of earth or waste materials.
(6) The developer shall maintain, or ensure the maintenance in perpetuity, all restricted lots or tracts which contain floodplains or drainage ways. The perpetual maintenance shall take one of the following forms.
(a) If the property is sold or transferred to a new owner, the new owner shall have the maintenance responsibility of the subdivided property.
(b) If the all lots in the subdivision are sold to individuals, an owner’s maintenance agreement shall be created as a condition of approval and shall become responsible for assuming the required maintenance.
(c) The lot or tract may be dedicated to the town in accordance with, and as a condition of approval of the final plat; whereby, the town assumes responsibility for maintenance.
(7) Should a drainage way, watercourse or floodplain area within a subdivision be designated for public open space or public park use in the comprehensive plan, or designated as public open space of park area by the town, the following conditions shall apply.
(a) A perpetual public drainage easement shall be dedicated or the area conveyed to the town as determined by the town, and shall be shown as such on the final plat or other instrument as appropriate.
(b) The easement dedicated or conveyed shall conform to the drainage and floodplain requirements of this chapter.
(8) Where topography or other conditions make the inclusion of drainage facilities within the street rights-of-way impractical, perpetual drainage easements or property dedications and conveyances to the town shall be provided across the subdivided property outside the street rights-of-way along adequate access to a public street for maintenance purposes.
(9) (a) Drainage easements or property conveyances shall be of sufficient width to contain the drainage facility, convey storm runoff for the 100-year storm and allow for adequate access for maintenance.
(b) The easement shall follow the natural watercourse or drainage facility.
(10) All drainage easements and rights-of-way shall be shown on the final plat.
(C) Water facilities.
(1) (a) The developer shall be responsible for the extension and/or creation of water transmission facilities and mains to and within the subdivision.
(b) The water mains shall be of sufficient size and pressure to transmit water for potable use, landscape watering, fire suppression and other uses permitted by the zoning classification of the land.
(2) The water system shall be designed and installed by the developer in accordance with the requirements of the town’s standards and specifications.
(3) Water mains shall be installed to serve each lot in the subdivision.
(4) Water mains shall be located in dedicated street or alley rights-of-way, unless specifically approved on the final plat and by the Town Manager.
(5) If water mains are allowed outside of dedicated right-of-way as described in this chapter, all existing and proposed easements for water lines shall be shown on the final plat and dedicated to the town.
(a) Easements for water lines shall be a minimum of 20 feet in width for one line and 30 feet in width for two lines, or as required by the town to accommodate the installation and maintenance of the lines and facilities.
(b) Easements for water lines shall be dedicated as exclusive easements and no structure or other obstruction other than fences or landscaping shall be allowed within a waterline easement.
(c) Water line easements acquired in adjoining properties shall be recorded with the County Clerk and Recorder as a condition of final plat approval.
(6) All non-tributary groundwater shall be dedicated to the town.
(7) The developer shall install and maintain the exterior fire suppression system, including fire hydrants, for the subdivision in accordance with the requirements of the town. Such maintenance shall continue until final acceptance of the system by the town.
(8) The fire suppression system shall be detailed in the construction drawings submitted to the town.
(D) Wastewater facilities.
(1) The developer shall be responsible for the extension and/or creation of wastewater transmission facilities and lines to and within the subdivision. The wastewater collection lines shall be sufficient to transmit wastewater for uses permitted by the zoning classification of the land.
(2) The wastewater collection system shall be designed and installed by the developer in accordance with the requirements of the town’s standards and specifications.
(3) Wastewater collection lines shall be installed to serve each lot in the subdivision.
(4) No private sewage disposal systems will be allowed.
(5) (a) If a private sewage disposal system exists at the time of this chapter, the following conditions will apply.
(b) The system shall conform to the requirements of the town’s standards and specifications at the time of replacement or significant repair.
(c) They must then connect to the town’s collection system if reasonably possible.
(6) All existing and proposed easements for wastewater lines and facilities shall be shown on the final plat and dedicated to the town and shall be approved by the Town Manager.
(7) Easements for wastewater lines shall be a minimum of 20 feet in width for one line and 30 feet in width for two lines, or as required by the town to accommodate the installation and maintenance of the lines and facilities.
(8) Easements for wastewater lines shall be dedicated as exclusive easements and no structure or other obstruction other than fences or landscaping shall be allowed within a wastewater easement.
(9) Wastewater line easements acquired in adjoining properties shall be recorded with the County Clerk and Recorder as a condition of final plat approval.
(E) Other utilities.
(1) All new utility lines, including, but not limited to, gas, electric power, telephone and cable television lines, shall be located underground throughout the subdivision. See § 153.181.
(2) Existing overhead utility lines shall be buried with the exception of major transmission line facilities.
(3) Utility appurtenances, where feasible, shall be located underground and away from public activity areas such as parks, playgrounds and schools within the subdivision.
(4) If utility appurtenances shall be located above ground in public activity areas such as parks, playgrounds and schools or in areas subject to public assembly, they shall be subject to the following conditions.
(a) Above ground utilities shall be located in areas where they are visually unobtrusive.
(b) Above ground utilities shall be located sufficiently away from public rights-of-way to avoid potential danger to the public.
(c) Above ground utilities shall be screened from view by a method approved by the Town Town Manager.
(5) Underground service connections to the street property line of each platted lot in a subdivision, and other utility improvement required by the town and/or utility provider shall be installed and maintained at the developer’s expense until such responsibility is assumed in perpetuity by a property owner or homeowners association.
(6) (a) Preparation of all utility plans shall be the responsibility of the developer in coordination with each utility provider and the town.
(b) The plans shall adhere to all requirements of this chapter, the town and the utility provider.
(7) Adequate easements shall be provided for all public and private utilities as determined by those utilities. All such easements shall be shown and dedicated on the final plat.
(8) Utility easements shall be located along the rear lot line of each lot in the subdivision.
(9) Where topographical or other conditions make the location of utility easements along the rear lot lines infeasible, an unobstructed easement shall be provided along the side lot line with appropriate access to a public road or rear lot lines.
(10) Utility easements acquired in adjoining properties to provide service to the proposed subdivision shall be recorded with the County Clerk and Recorder.
(Ord. 2-98, passed 4-22-1998) Penalty, see § 153.999