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Carbondale City Zoning Code

CHAPTER 8

SUBDIVISIONS

15.8.1: PURPOSE:

   A.   The purpose of this chapter shall be to provide rules, regulations, and standards to guide land subdivision within the jurisdiction of the city in order to promote the public health, safety, convenience, and general welfare of the municipality. It shall be administered to ensure orderly growth and development; the conservation, protection, and proper use of land; and adequate provision for traffic circulation, utilities, and service.
   B.   It is also the purpose of this chapter to avoid hazards to persons and damage to property resulting from flooding and to comply with the NFIP rules and regulations as promulgated by the United States department of housing and urban development, federal insurance administration, as provided in the rules and regulations of the "Federal Register", volume 41, no. 207, Tuesday, October 26, 1976, as amended, and which are hereby adopted by reference and filed in triplicate in the office of the city clerk, pursuant to 65 Illinois Compiled Statutes 5/11-30-2. (Ord. 2013-20)

15.8.2: JURISDICTION:

Whenever any subdivision of land shall hereafter be made within the incorporated limits of the city or within the unincorporated area contiguous thereto, that is, within one and one-half (11/2) miles of the corporate limits of said city, the subdivider thereof, or his agent, shall submit both a preliminary plat and a final plat of the subdivision to the development services director of the city. Said plans and plats, proposed improvements, and all procedure relating thereto, shall in all respects be in full compliance with the regulations contained in this chapter, the zoning district map, the official map, and the comprehensive plan of the city. All lands to be dedicated to the city for use as streets, highways, alleys, parks, and other public use areas, shall be referred to the city planning commission for review and recommendation before being accepted by the city council or by any other governing authority. (Ord. 2013-20)

15.8.3: APPROVALS AND INTERPRETATIONS; COUNCIL ACTION:

Except as hereinafter provided, no land shall, after the adoption of these regulations, be subdivided and filed for record, nor any street laid out, nor any improvement made to the land, until the plat or plans of the subdivision or street improvements shall have been certified to and approved by action of the city council. The approval shall be in writing and placed on the document to be recorded according to the procedure outlined herein. (Ord. 2013-20)

15.8.3.1: PLANNING COMMISSION REVIEW:

No lot, tract or parcel of land within any such subdivision shall be offered for sale, nor shall any sale or contract for sale be given until such subdivision plans have been properly reviewed by the city planning commission and officially approved by the city council. (Ord. 2013-20)

15.8.3.2: IMPROVEMENTS:

No improvements, such as sidewalks, water supply facilities, stormwater drainage facilities, sewerage facilities, gas services, electric service or lighting, or grading, paving, or surfacing of any street shall hereafter be made within any such subdivision by any owner or owners or his or their agent, or by any public service corporation at the request of such owner or owners, or by his or their agent until the plats for the subdivision and also the plans for the improvement thereto have been properly reviewed by the city planning commission and officially approved by the city council. (Ord. 2013-20)

15.8.3.3: ROUGH GRADING OF SITE:

Following approval of the preliminary plat by the planning commission, the subdivider may, at his option and risk, proceed with the general rough grading of the site with the understanding that the requirements of the final plat may require adjustment of such rough grading. (Ord. 2013-20)

15.8.3.4: SUBDIVIDING IN STAGES:

Where a tract of land is proposed to be subdivided in several stages over a period of years, and the subdivider requests approval in parts, he shall, at the time of submission of the first part, submit a plan of the entire tract to be eventually developed with appropriate sectioning to demonstrate to the planning commission that the total design as proposed for the entire subdivision is feasible. The planning commission may give preliminary approval to the overall plan and final approval on the parts as submitted from time to time. (Ord. 2013-20)

15.8.3.5: EXCEPTIONS:

The provisions of this chapter do not apply in the following instances, which instances are exceptions to the requirements of this chapter:
   A.   The division or subdivision of land into parcels or tracts of five (5) acres or more in size which does not involve any new streets or easements of access.
   B.   The division of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access.
   C.   The sale or exchange of parcels of land between owners of adjoining and contiguous land.
   D.   The conveyance of parcels of land or interests therein for use as a right of way for railroads or other public utility facilities and other pipelines which does not involve any new streets or easements of access.
   E.   The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access.
   F.   The conveyance of land for highway or other purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use.
   G.   Conveyances made to correct descriptions in prior conveyances. (Ord. 2013-20)

15.8.3.6: FLOODPLAIN DEVELOPMENT PERMIT:

Any property proposed to be subdivided which is identified on the official zoning map as flood fringe or floodway as provided in sections 15.2.6 and 15.2.7 of this title shall be subject to the permit requirements of the flood fringe district or floodway district as is provided in sections 15.2.6 and 15.2.7 of this title, whichever is appropriate. (Ord. 2013-20)

15.8.4.1: PREAPPLICATION CONSIDERATIONS:

   A.   In order to make the most of opportunities related to the subdivision and to conserve time, effort and expense, the owner or subdivider shall consult with the administrative officer and other public officials prior to the preparation of the preliminary plat for the subdivision. The comprehensive plan of the city shall be reviewed by the subdivider to determine how his proposed plan will fit into the comprehensive plan. Requirements for major and minor streets, school and recreation sites, community facilities, shopping centers, sanitation, water supply and drainage, and the relationship to other developments, existing and proposed, in the vicinity shall be determined in advance of the preparation of the preliminary plat. A thorough assessment of the situation will result in sound decisions with respect to the form, character, and extent of the proposed subdivision.
   B.   Previous to the filing of an application for approval of the preliminary plat, the subdivider shall submit to the administrative official and the engineering advisory committee (EAC) plans and data as specified in this section. This step does not require formal application, fee, or filing of plat with the planning commission. A dated cover letter shall be submitted indicating the date of submission. (Ord. 2013-20)

15.8.4.2: PLANS AND DATA:

   A.   General subdivision information shall describe or outline the existing conditions of the site and the proposed development as necessary to supplement the drawings required below. This information shall include data on existing covenants on land proposed, land characteristics, available community facilities and utilities, and information describing the subdivision proposal such as number of residential lots, typical lot width and depth, business areas, playgrounds, park areas and other public areas, proposed protective covenants, proposed utilities, and street improvements.
   B.   Location map shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it. It shall include development name and location of the main traffic arteries, public transportation lines, shopping centers, elementary and high schools, parks, and playgrounds, principal places of employment, other community features such as railroad stations, airports, hospitals, and churches within at least one thousand feet (1,000') of the boundaries of the property, title of subdivision, scale, north arrow, and date.
   C.   Sketch plan on topographic survey shall show in simple sketch form the proposed layout of streets, lots, and other features in relation to existing conditions. The sketch plan may be a freehand pencil sketch made directly on a print of the topographic survey. The sketch plan shall include either the existing topographic data or such data as the EAC determines is necessary for its consideration of the proposed sketch plan. Within ten (10) days of receipt of required data, the EAC shall inform the subdivider in writing of the adequacy of, or modification required in the plans and data submitted. (Ord. 2013-20)

15.8.4.3: APPROVAL OF PRELIMINARY PLAT:

   A.   Based on the EAC recommendations at the preapplication stage regarding his general program and objectives, the subdivider shall prepare a preliminary plat, together with improvement plans and other supplementary material as specified.
   B.   Four (4) copies of the preliminary plat and supplementary material shall be submitted to the planning commission with a written and dated application for approval at least ten (10) days prior to the planning commission meeting at which it is to be considered for review by the EAC. A written recommendation from the EAC shall be forwarded to the planning commission as to the adequacy of recommended modification of the plans submitted. A copy of such recommendations shall be forwarded to the subdivider prior to the planning commission meeting. If the subdivider disagrees with the recommendation of the EAC, an appeal in writing of such decision can be made to the planning commission for final decision.
   C.   Following a review of the preliminary plat and other material submitted for conformity thereof to these regulations, the planning commission shall express its approval of the preliminary plat and state the conditions of such approval, if any, or if disapproved, shall express its disapproval and its reasons therefor.
   D.   The action of the planning commission shall be noted on two (2) copies of the preliminary plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider and the other retained by the planning commission.
   E.   Approval of a preliminary plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the planning commission and for recording upon fulfillment of the requirements of these regulations and the conditions of the preliminary plat approval, if any. Preliminary approval shall confer upon the applicant the following rights for a three (3) month period from the date of approval:
      1.   That the general terms and conditions under which the preliminary approval is given will not be changed.
      2.   That the said applicant may submit on or before the expiration date the whole, part, or parts of said plat for final approval. (Ord. 2013-20)

15.8.4.4: PLATS AND DATA FOR PRELIMINARY PLAT APPROVAL:

Topographic data required as a basis of the preliminary plat shall include existing conditions as follows, except when otherwise specified by the planning commission:
   A.   Boundary Lines: Bearings and distances.
   B.   Easements: Location, width, and purpose.
   C.   Streets On And Adjacent To Tract: Name and right of way; width and location; type, width and elevation of surfacing; any walks, curbs, gutters, culverts, etc.
   D.   Utilities On And Adjacent To Tract: Location, size and invert elevation of sanitary, storm, and combined sewer; location and size of water mains; location of gas lines, fire hydrants, electric and telephone poles, and streetlights. If water mains and sewers are not on or adjacent to the tract, indicate the direction, distance to, and size of nearest ones, showing invert elevation of sewers.
   E.   Ground Elevations On Tract: Based on mean sea level datum plane for land that slopes less than approximately two percent (2%) show spot elevations at all breaks in grade, along all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions. For land that slopes more than approximately two percent (2%) either show contours with an interval of not more than five feet (5') of ground slope which is regular and such information is sufficient for planning purposes, or show contour with an interval of not more than two feet (2') if necessary because of irregular land or need for more detailed data for preparing plans and construction drawings.
   F.   Subsurface Conditions On Tract: Location and results of soil percolation tests if individual sewerage disposal systems are proposed. Plans for septic tanks or private disposal systems shall be approved by the Jackson County health department and state department of public health.
   G.   Other Conditions On The Tract: Watercourses, marshes, rock outcrop, wooded areas, isolated preservable trees, one foot (1') or more in diameter, houses, barns, shacks, and other significant features.
   H.   Other Conditions On Adjacent Land: Approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers, and other nearby nonresidential land uses or adverse influences; owners of adjacent unplatted land. For adjacent platted land refer to subdivision plat by name, recordation date, and number, and show approximate percent build up, average lot size, and dwelling type. This information shall be indicated for that adjoining land no less than one-fourth (1/4) mile from boundaries of proposed subdivision.
   I.   Photographs If Required By EAC: Camera location, directions of views and key numbers.
   J.   Zoning: On and adjacent to the tract.
   K.   Proposed Public Improvements: Highways or other major improvements planned by public authorities for future construction on or near the tract.
   L.   Key Map: Showing location of the tract in relation to other well known geographical features.
   M.   Title And Certificate: Present tract designation according to official records in office of appropriate recorder; title under which proposed subdivision is to be recorded, with name and addresses of owners stating acreage, scale, north arrow, certification of registered land surveyor, and date of survey.
   N.   Preliminary Plat: Shall be at a scale of two hundred feet to one inch (200':1") or larger (preferred scale of 100 feet to 1 inch). It shall show all existing conditions required in subsection 15.8.4.2A of this chapter, topographic data, and shall show all proposals including the following:
      1.   Streets: Names; right of way and roadway widths; approximate grades and gradients; and similar data for alleys, if any.
      2.   Other rights of way or easements: location, width, and purpose.
      3.   Location of utilities, if not shown on other exhibits.
      4.   Lot lines, lot numbers and block numbers.
      5.   Sites, if any, to be reserved or dedicated for parks, playgrounds, or other public uses.
      6.   Sites, if any, for multi-family dwellings, shopping centers, churches, industry, or other nonpublic uses exclusive of single- family dwellings.
      7.   Minimum building setback lines.
      8.   Site data, including number of residential lots, typical lot size, and acres in parks, etc.
      9.   Title, scale, north arrow, and date. (Ord. 2013-20)

15.8.4.5: OTHER PRELIMINARY PLANS:

When required by the EAC, the preliminary plat shall be accompanied by profiles showing existing ground surface and proposed street grades, including extension for a reasonable distance beyond the limits of the proposed subdivision. Typical cross sections of the proposed sanitary and stormwater sewers with grades and sizes shall be indicated. All elevations shall be based on mean sea level datum plane. (Ord. 2013-20)

15.8.4.6: DRAFT OF PROTECTIVE COVENANTS:

If protective covenants are part of the plan whereby the subdivider proposes to regulate land use in the subdivision, a draft shall be submitted to the commission and EAC or city attorney for review. (Ord. 2013-20)

15.8.4.7: PROCEDURE FOR APPROVAL OF FINAL PLAT:

   A.   The final plat shall conform to the preliminary plat as approved, and if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations.
   B.   Application for approval of the final plat shall be submitted in writing to the administrative official at least ten (10) days prior to the meeting at which it is to be considered, for review by the EAC with a written recommendation to the planning commission.
   C.   Four (4) copies of the final plat and other exhibits required for approval shall be prepared as specified and shall be submitted to the administrative officer within three (3) months after approval of the preliminary plat; otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the planning commission. All documents shall bear the approving signature of the administrative officer and the transmittal to council shall include a letter from the EAC on the merits or problems of the development.
   D.   Unless the preliminary plat has been approved without changes, the final plat shall have incorporated all changes and modifications required by the preliminary approval. To ensure such compliance, the administrative officer shall upon receipt of the final plat submission, forward one copy of all documents submitted for final approval to the EAC for their final review and comment before planning commission shall express its approval or disapproval of such plat.
   E.   The city council shall act upon the final plat submission within thirty (30) days after planning commission approval of the required documents, unless it has been mutually agreed to extend the period. The copy of the final plat shall be filed in the office of the city clerk.
   F.   The approval of the final plat by the city council shall be indicated on the document to be filed for the record by the affixing of the signature of the city clerk after the subdivider has posted the performance guarantee and executed the subdivision agreement as set forth. (Ord. 2013-20)

15.8.4.8: PLATS AND DATA FOR FINAL APPROVAL:

Final plat shall be drawn in ink on acceptable, stable, and durable material on sheets twenty four inches (24") wide by thirty six inches (36") long and shall be at a scale of one hundred feet to one inch (1" = 100') or larger (preferred scale of 100 feet to 1 inch) where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions the final plat may be submitted for approval progressively in contiguous sections satisfactory to the planning commission.
   A.   The final plat shall show the following:
      1.   Primary control points or descriptions and ties to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referred.
      2.   Tract boundary lines, right of way lines of streets, easements, and other rights of way and property lines of residential lots and other sites with accurate dimensions, deflection angles, and radii, arcs, and central angles of all curbs.
      3.   Name and right of way width of each street or other right of way.
      4.   Location, dimension, and purpose of any easements.
      5.   Number to identify each lot or site, and including number of square feet in each lot.
      6.   Purpose for which sites, other than residential lots, are dedicated or reserved.
      7.   Minimum building setback line on all lots.
      8.   Location and description of monuments.
      9.   Names of record owners of adjoining unplatted land.
      10.   Reference to recorded subdivision plats of adjoining platted land by record name, date and number.
      11.   Certification by registered land surveyor certifying to the accuracy of survey and plat.
      12.   Certification by applicant that he is the landowner.
      13.   Statement by owner dedicating streets, right of way, and any site for public uses.
      14.   Title, scale, north arrow, and date.
      15.   Certificate of approval by city council.
      16.   For any proposed subdivision or new development greater than fifty (50) lots or five (5) acres, whichever is the lesser, the applicant shall show the base flood elevation data for each lot or plat or parcel; provided that if the base flood elevation data is not available, the applicant shall compute and provide this information for each lot or plat or parcel of the subdivision or new development proposal which is greater than fifty (50) lots or five (5) acres, whichever is lesser. (For definition of "base flood elevation", see section 15.11.4 of this title.)
      17.   Cross sections and profiles of streets showing grades and elevations shall be subject to the approval of the city engineer. (Ord. 2013-20)

15.8.4.9: INSPECTION OF IMPROVEMENTS:

All public improvements made under the provisions of this chapter shall be constructed under the supervision of the city engineer. The inspecting engineer may be one of the city staff or a consultant of the firm preparing the plans for the project. Written reports shall be submitted to the director of public works, indicating the date of inspection, items inspected, and location of such inspections. These reports shall be made in sufficient number to ensure the proper construction of all facilities. A core drilling of all streets by a qualified testing company under the direction of the public works director shall be required, prior to the acceptance of the streets or utilities being turned on. All fees for such inspection and in reviewing such plans and specifications for improvements shall be paid for by the subdivider. (Ord. 2013-20)

15.8.4.10: PERFORMANCE GUARANTEE BOND:

A performance guarantee bond shall be required from the subdivider, the penalty of which said bond or bonds shall be at least equal to one and one-half (1.5) times the amount of the estimate of cost of the proposed improvements approved by the administrative officer. If individuals act as sureties, a certified check shall be deposited with the city clerk. Such personal bonds shall not be accepted for more than five hundred dollars ($500.00). If the surety is given by a surety company authorized to transact business in this state, the bond shall run to the city and be with good and sufficient surety satisfactory to the council, conditioned upon the installation of the required improvements within two (2) years after the approval of the final plat. Filing of the actual bond or other security shall be received at the time of submission of the final plat for approval. (Ord. 2013-20)

15.8.4.11: SUBDIVISION AGREEMENT:

At the time of submission of the final plat for approval, the subdivider shall be required to sign a standard subdivision agreement contract prepared by the city, and approved by the city council, in which he agrees to make and install the improvements provided for in accordance with the plans and specifications accompanying the final plat. (Ord. 2013-20)

15.8.4.12: GRADING:

Any grading that is commenced prior to the approval of the subdivision plat shall be undertaken at the owner's risk and in no way obligates the planning commission in its consideration of the proposed plat. (Ord. 2013-20)

15.8.4.13: PROTECTIVE COVENANTS:

Shall be in form for recording at the time of submission to the planning commission for final approval. (Ord. 2013-20)

15.8.4.14: OTHER DATA:

Such other certificates, affidavits, endorsements or deductions as may be required by the planning commission in the enforcement of these regulations. (Ord. 2013-20)

15.8.5: MINOR SUBDIVISION PROCEDURE:

This procedure is available where no more than four (4) lots are being created and not requiring the extension of public utilities if such development does not adversely affect the development of the remainder of the parcel and is not in conflict with any provisions or portion of the comprehensive plan, official map, zoning ordinance, or this chapter. (Ord. 2013-20)

15.8.5.1: PREAPPLICATION PROCEDURE:

   A.   In order to conserve time, effort, and expense, the owner or subdivider should consult the comprehensive plan of the city to determine how his plan will fit into the comprehensive plan. Requirements for sanitation, water supply and drainage, and the relationship to other developments, existing and proposed in the vicinity, should be determined in advance of the preparation of the preapplication plan. A thorough assessment of the situation will result in sound decisions with respect to the form, character, and extent of the proposed subdivision.
   B.   Previous to the filing of an application for approval of the final plat, the subdivider shall submit to the administrative official and EAC, plans and data as specified in section 15.8.5.2 of this chapter. This step does not require formal application, fee, or filing of plat with the planning commission. (Ord. 2013-20)

15.8.5.2: PLANS AND DATA:

   A.   General subdivision information shall describe or outline the existing conditions of the site and the proposed development as necessary to supplement the drawings required below. This information may include data on existing covenants on land proposed for development, land characteristics, available community facilities and utilities, and information describing the subdivision proposal, such as number of residential lots, typical lot width and depth, business areas, playgrounds, park areas, and other public areas, proposed protective covenants, proposed utilities, and street improvements.
   B.   Location map shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it; include development name, title of subdivision, scale, north arrow, and date.
   C.   Sketch plan on topographic survey shall show in simple sketch form the proposed layout of streets, lots, and other features in relation to existing conditions. The sketch plan may be a freehand pencil sketch made directly on a print of the topographic survey. The sketch plan shall include either the existing topographic data or such data as the EAC determines is necessary for its consideration of the proposed sketch plan. (Ord. 2013-20)

15.8.5.3: APPROVAL OF PREAPPLICATION:

Within ten (10) days of the applicant's submission of required materials, the EAC shall inform the subdivider in writing as to their recommendation. (Ord. 2013-20)

15.8.5.4: PROCEDURE FOR APPROVAL OF FINAL PLAT:

Application for approval of the final plat shall be submitted in writing to the administrative officer at least ten (10) days prior to the meeting at which it is to be considered for review by the EAC with a written recommendation to the city council.
   A.   Four (4) copies of the final plat and other exhibits required for approval shall be prepared as specified and shall be submitted to the EAC within three (3) months after approval of the preapplication; otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the EAC.
   B.   All documents shall bear the approving signature of the administrative officer, and the transmittal to council shall include a letter from the EAC describing the merits or problems of the development.
   C.   Unless the preapplication plat has been approved without changes, the final plat shall have incorporated all changes and modifications required by the preapplication approval. To ensure such compliance, the administrative officer shall upon receipt of the final plat submission, forward one copy of all documents submitted for final approval to the EAC.
   D.   The city council shall act upon the final plat submission within thirty (30) days after EAC approval of the required documents, unless it has been mutually agreed to extend the period. A copy of the final plat shall be filed in the office of the city clerk.
   E.   The approval of the final plat by the city council shall be indicated on the document to be filed for the record by the affixing of the signature of the city clerk after the subdivider has posted the performance guarantee and executed the subdivision agreement as set forth. (Ord. 2013-20)

15.8.5.5: PLATS AND DATA FOR FINAL APPROVAL:

For requirements see section 15.8.4.7 of this chapter. (Ord. 2013-20)

15.8.6.1: MONUMENTS:

Monuments shall be placed at all block corners, angle points, points of curves in streets, and at intermediate points as specified as follows:
   A.   At extreme corners of the subdivision such monuments shall be concrete cylinders, cut stone or rectangular prisms or other material approved by the planning commission not less than four inches (4") in diameter or square, and forty eight inches (48") long.
   B.   At all street corners, at all points where street boundary lines intersect the plat boundary lines and at all angle points and points of curve in each street, such markers shall be steel rods not less than three-fourths inch (3/4") in diameter and forty eight inches (48") long.
   C.   At all lot corners, markers shall be any standard commercially manufactured cap bearing the registration number of the land surveyor responsible for its placement, said cap to be placed on a steel rod of not less than one-half inch (1/2") in diameter, and thirty inches (30") in length. (Ord. 2013-20)

15.8.6.2: STREETS:

Subdivider shall be responsible for the installation and cost of all streets except primary and arterial where the city shall participate on a cost sharing basis within the limits of the land to be subdivided. On streets where cost sharing occurs, the developer is responsible for costs not less than would be incurred for a secondary class street. All streets and thoroughfares shall be provided with right of way and surface widths in accordance with the thoroughfare plan of the city and the standards for street construction established by ordinance. (Ord. 2013-20)

15.8.6.3: CURB AND GUTTERS:

Curb and gutters shall be constructed in conjunction with the street in conjunction with the street paving, and shall comply with the standards of the city established by ordinance. (Ord. 2013-20)

15.8.6.4: SIDEWALKS:

Sidewalks shall be provided by the subdivider within the right of way to be dedicated in accordance with the standards of the city established by ordinance. (Ord. 2013-20)

15.8.6.5: ALLEYS:

All alleys, where constructed, shall meet the standards of street construction established by ordinance. (Ord. 2013-20)

15.8.6.6: PUBLIC WATER:

   A.   Source: The subdivider shall provide the subdivision with a source of water approved by the Illinois department of public health. If an approved public source is within one thousand feet (1,000') of the property being developed, the developer shall extend such service to the proposed development at his expense as the water supply source. The water supply system shall be so designed that it shall be eventually incorporated into a comprehensive water system.
   B.   Mains: The developer shall install water mains of sufficient size to serve the needs of the proposed development. If, in the opinion of the city engineer, additional size is required to serve potential or existing developments beyond that proposed, the city shall pay for such additional costs. Water mains shall be located within dedicated street right of way but not under pavements whenever possible. If it is agreed to by the city that it is not feasible to locate said mains within a street right of way, the developer shall dedicate to the city a minimum of a twenty foot (20') wide permanent easement (10 feet on each side of the main) for the repair and maintenance thereof. An easement greater than twenty feet (20') shall be required if in the opinion of the city engineer, soil conditions location and depth, or other site conditions are such that a wider easement is needed for repair and maintenance. All plans and specifications for the water supply system shall be prepared for the subdivider by a registered engineer, and shall be approved by the state environmental protection agency, the city engineer, Jackson County health department, and the planning commission where applicable before final plat approval.
   C.   Fire Hydrants:
      1.   Fire hydrants shall be of simple rugged construction, must operate freely and positively in all its parts, including facilities for drainage of the barrel to prevent freezing. Hydrants shall be capable of delivering two hundred fifty gallons per minute (250 gpm) from each two and one-half inch (21/2") outlet, with a pressure loss of not more than one and three- fourths (13/4) pounds for two-way, two and one-fourth (21/4) pounds for three-way, and four (4) pounds for four-way hydrants, and a total loss of five (5) pounds between the street main and the outlet. In addition to two and one-half inch (21/2") outlets, hydrants shall also have five and one-half inch (51/2") suction connection. Hydrants must be of such design that if the hydrant barrel is broken off, the hydrant will remain closed. Street connections must be not less than six inches (6") in diameter. All hydrant outlets shall be National Standard thread.
      2.   Gate valves shall be so installed on each hydrant installation whereby each hydrant can be isolated from the main water system so as not to interfere with the operations of the remainder of the system.
      3.   Hydrant spacing shall not exceed four hundred feet (400') apart in residential areas or exceed three hundred feet (300') apart in commercial areas.
      4.   Hydrants shall be installed on all weather access fire lanes or streets not to exceed ten feet (10') from curb lines.
      5.   Installation of hydrants shall be perpendicular, with pumper outlets always fronting the streets, and at proper grade of fifteen inches (15") from center of lowest nozzle to the ground. The base of the hydrant shall set on a solid concrete foundation and be braced against the water pressures, so that joints will not blow. Complete drainage of barrel is essential; therefore, a gravel drainage pit of not less than three-fourths inch (3/4") gravel and with twice the water capacity of the hydrant barrel shall be installed around the drainage valve.
      6.   All fire hydrants will be free from obstructions such as trees, shrubs, parking, etc.
      7.   Upon completion and testing of fire hydrants, installer will inform the fire and public works departments as to date they can be put into service. (Ord. 2013-20)

15.8.6.7: SANITARY SEWER:

The subdivider shall provide the subdivision with a means of sanitary sewage disposal. This may be done in one of the following ways:
   A.   Public Collection System: In all cases where such facility is within one thousand feet (1,000') of the public collection system, the subdivider shall construct a sanitary sewer system which shall connect to the sewerage system of the city and provide a connection to each lot.
   B.   Local Collection And Treatment Facilities: Where it is not practical to connect the subdivision sanitary system to a public sewer, the subdivider may construct a local collection and treatment system consisting of the necessary house laterals, local sewers, and trunk sewers required to conduct the sanitary sewage from subdivision to specially constructed treatment facility.
   C.   Private Disposal System: The intention of this chapter is to discourage the installation of private individual sewage disposal facilities which will, if permitted, work to the disadvantage of an orderly expansion of a public sanitary sewer system. If it can be demonstrated that individual sewage disposal facilities are in the public interest, they may be permitted. However, the system shall be so designed that it shall be eventually incorporated into the comprehensive sewage system.
   D.   Sewer Mains: The developer shall install sewer mains of sufficient size to serve his development. If, in the opinion of the city engineer, additional size is required to serve potential or existing developments beyond that proposed, the city shall pay for such additional costs. Sewer mains shall be located within dedicated street right of way whenever possible. If it is agreed to by the city that it is not feasible to locate said mains within a street right of way, the developer shall dedicate to the city a minimum of a twenty foot (20') wide permanent easement (10 feet on each side of the main) for the repair and maintenance. All plans and specifications for the sanitary sewer system shall be prepared for the developer by a registered engineer and shall be approved by the state environmental protection agency, Jackson County health department, Carbondale city engineer, and planning commission where applicable before final plat approval.
   E.   As Built Drawing: The developer's engineer shall provide an as built drawing of the sewage system including the location, size, and depth of both mains and laterals to each property within the subdivision. (Ord. 2013-20)

15.8.6.8: STORM DRAINAGE AND STORM SEWER:

   A.   Adequate surface and subsurface drainageways for the removal of stormwater shall be provided by the subdivider. The extent to which storm drainage facilities shall be required will be based upon an analysis of need prepared for the subdivider by a registered professional engineer, and shall be so designed that it may be incorporated into a comprehensive drainage system. The analysis shall be based upon the rational method of computing stormwater runoff using the 1-hour rainfall to be expected at a twenty (20) year frequency. Times of concentration, soil infiltration, soil infiltration rates, and other variable factors to be used in the analysis shall be discussed with and approved by the EAC and planning commission prior to final plat approval.
   B.   The stormwater sewer system shall be separate and independent of the sanitary sewer system. Surface inlets shall be provided by the subdivider where evidence indicates such a system is necessary. Open ditches are prohibited as a means of providing for storm drainage; or shall meet the conditions of subsection 15.8.7.5B of this chapter.
   C.   Materials required for storm sewer construction shall satisfy the current requirements of the standard specifications for road and bridge construction for the state. (Ord. 2013-20)

15.8.6.9: PUBLIC UTILITIES:

   A.   Street Lighting: The proposed subdivision shall be served by street lighting facilities furnished and installed by the subdivider (or at his direction by the appropriate utility company) in accordance with the following standards:
      1.   Locations at street intersections.
      2.   Locations on streets where crosswalks are located in interior of a block.
      3.   Locations in cul-de-sac.
      4.   Distance between streetlight standards shall be appropriate for the subdivision anticipated pedestrian and vehicular traffic with consideration given to foot-candle intensity of each streetlight. On nonlocal (collector) streets in the thoroughfare plan and on the official map, where additional illumination is required, and where the interests of the city will be served, appropriate financial participation will be considered by the city. In the event of city participation, a written agreement shall be entered into and become a part of the plat to be recorded.
      5.   Design of poles shall be approved by the planning commission.
      6.   There shall be no exposed overhead wiring.
      7.   All such streetlights shall be indicated on the as built drawing.
   B.   Electrical Power, Telephone, And Cable Antenna Television (CATV): Electrical, telephone, and CATV service lines shall be placed underground throughout the subdivision. The conduit or cables shall be located within easements of public rights of way in a manner which will not conflict with other underground services. All transformers and terminal boxes shall be located so as not to be unsightly or hazardous to the public. The location of such services within any public right of way shall be approved by the city engineer.
   C.   Natural Gas: A system of utility easements shall be provided for the entire subdivision. Gas mains shall be located within easements for public rights of way so as not to conflict with other utilities. The location of such service lines within any public right of way shall be approved by the city engineer. (Ord. 2013-20)

15.8.6.10: LANDSCAPE DEVELOPMENT:

   A.   All unpaved or otherwise unimproved areas within the public rights of way or public use areas shall be graded and seeded in an approved manner.
   B.   Trees shall be provided by the subdivider along all streets where trees do not exist, except that no trees shall be planted in the street right of way. The trees shall be of a species suitable for local soil and climatic conditions, adapted to street use, and of at least one and one-half inch (11/2") caliper measured at four and one-half feet (41/2') from ground level. At street corners, the trees shall be located a minimum of twenty five feet (25') from the intersection of the street right of way lines; otherwise, they shall be located so as not to interfere with utilities or sidewalks with a minimum of two (2) trees per lot.
   C.   In informal types of street patterns, informal planting of trees in accordance with an approved landscape development plan may be permitted.
   D.   Where the zoning ordinance designates a screen planting, the subdivider shall provide a continuous planting of evergreen or deciduous shrubs, and for each one hundred feet (100') of such planting screen, he shall provide one deciduous tree and two (2) flowering trees arranged in accordance with a landscape development plan.
   E.   All trees shall be from a competent source and guaranteed healthy for a period of one year after planting. To ensure growth, the developer shall plant the required trees between October 1 and April 1 and shall have a maximum of eighteen (18) months from the issuance of the building permit to provide the landscaping. (Ord. 2013-20)

15.8.6.11: STREET SIGNS:

Appropriate street signs shall be installed by the city with reimbursement for such costs by the subdivider. (Ord. 2013-20)

15.8.6.12: PRIVATELY DEVELOPED FACILITIES:

Where the subdivision is to contain streets, sewers, sewage treatment facilities, water supply system, park area, or other physical facilities which will not be maintained by existing public agencies, provision shall be made by trust agreement, which is a part of the deed restrictions and which is acceptable to the proper public agencies for jurisdiction over the continuous maintenance, supervision, operation, and reconstruction of such facilities by the lot owners in the subdivision. (Ord. 2013-20)

15.8.7: DESIGN STANDARDS:

The subdivider shall conform to the following principles and standards of land subdivision in the design of each subdivision or portion thereof. (Ord. 2013-20)

15.8.7.1: GENERAL:

The subdivision plan shall conform to design standards that will encourage good development patterns and particularly to the principles and standards of the model from the Institute Of Traffic Engineers and the comprehensive plan. The streets, drainage rights of way, school sites, public parks, playgrounds, and other public facilities shown on the officially adopted comprehensive plan or official map shall be considered in the approval of subdivision plats. The dedication or reservation of the above may be required of the subdivider by the city. (Ord. 2013-20)

15.8.7.2: STREETS:

The street and alley layout shall provide access to all lots and parcels of land within the subdivision.
   A.   Minimum street standards shall be:
 
Street Designation
Right Of Way
Pavement Width
Median
Arterial
100 feet
4 12-foot lanes
16 feet
Frontage road
40 feet
20 feet (no parking); pavement 28 feet (parking on 1 side)
None
Industrial
60 feet
40 (parking on 1 side)
None
Local
50 feet
30 (11 feet lanes, 8 feet parking on 1 side); 22 (no on street parking, 4 off street parking per lot required)
None
Primary
80 feet
4 12-foot lanes
None
Secondary
60 feet
32 (parking on 1 side)
None
 
Note: No street surface shall be less than 20 feet inside of curb to inside of curb.
 
   B.   Street jogs with centerline offsets of less than one hundred twenty five feet (125') shall be avoided. Cul-de-sacs shall not exceed one thousand feet (1,000') in length, unless necessitated by extreme topography.
   C.   Neighborhood streets shall be designed so as to discourage through traffic.
   D.   Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient.
   E.   Certain proposed streets, where appropriate, shall be extended to the boundary of the tract to be subdivided so as to provide for normal circulation of traffic within the vicinity.
   F.   Wherever there exists a dedicated or platted portion of a street or alley adjacent to the proposed subdivision, the remainder of the street or alley shall be platted to the prescribed width within the proposed subdivision.
   G.   Reserve strips controlling the continuation of streets, utilities, etc., shall be prohibited except where their control is definitely placed in the city council.
   H.   Widths of all streets shall conform to the widths recommended by the engineering advisory committee and planning commission and approved by the city council.
   I.   Cul-de-sac streets shall terminate in a circular right of way with a minimum diameter of one hundred feet (100').
   J.   Subdivisions that adjoin or include existing streets that do not conform to the required widths shall dedicate additional width along either or both sides of said street. If the subdivision is along one side only, one-half (1/2) of the required extra width shall be dedicated.
   K.   Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other at an angle less than sixty five degrees (65°).
   L.   At the intersection of other streets, the property line corners shall be rounded by arcs with radii of not less than twenty five feet (25'), or chords of such arcs.
   M.   At intersections of streets and alleys, the property line corners shall be rounded by arcs with radii of not less than ten feet (10') or chords of such arcs.
   N.   Intersection of more than two (2) streets at one point shall be avoided.
   O.   Where parkways or special types of streets are involved, the commission may apply special standards to be followed in the design of such parkways or streets.
   P.   Whenever the subdivision contains or is adjacent to a railroad right of way or a highway designated as a "limited access highway" by the appropriate highway authorities, provision shall be made for a marginal access street or a parallel street at a distance acceptable for the appropriate use of the land between the highway or railroad and such streets.
   Q.   No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of an existing street unless the proposed street is an extension of an existing street, in which case the duplication shall be mandatory.
   R.   Alleys shall be discouraged in residential areas but should be included in commercial and industrial areas where needed for loading and unloading or access purposes, and where platted, shall be at least twenty feet (20') in width.
   S.   Dead end alleys shall be avoided.
   T.   Parking provisions on neighborhood streets:
      1.   On streets less than twenty eight feet (28') in width, there shall be no parking.
      2.   On streets of twenty eight feet (28') to thirty five feet (35') in width, parking on one side shall be permitted.
      3.   On streets of thirty six feet (36') or more in width, parking shall be permitted on both sides of the street. (Ord. 2013-20)

15.8.7.3: BLOCKS:

   A.   The lengths, widths and shapes of blocks shall be determined with due regard to:
      1.   Provision of adequate building sites suitable to the special needs of the type of use contemplated.
      2.   Zoning requirements as to lot sizes and dimensions.
      3.   Needs for convenient access, circulation, control, and safety of street traffic.
      4.   Limitations and opportunities of topography.
   B.   Block lengths shall not exceed one thousand two hundred feet (1,200') and not be less than eight hundred feet (800'). Exceptions to the minimum and maximum lengths may be permitted if these limitations prove impractical due to terrain.
   C.   Super blocks of greater length or width than normal may be permitted if used in conjunction with an open space plan or planned unit development.
   D.   Pedestrian accessway of not less than ten feet (10') in width shall be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, and other community facilities. (Ord. 2013-20)

15.8.7.4: LOTS:

   A.   The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
   B.   Individual lots with a depth of more than four (4) times their frontage shall be discouraged except under unusual circumstances.
   C.   Lot dimensions shall conform to the requirements of this zoning ordinance, and
      1.   Lot sizes where not served by public sewerage system or a central community sewerage system shall be as determined by Jackson County health department standards and based upon percolation tests or other criteria necessary for the installation of effective private sewerage disposal systems.
      2.   Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off street service and parking facilities required by the type of use and development contemplated.
   D.   Corner lots for residential use shall have sufficient width to permit appropriate building setback from and orientation to both streets.
   E.   The subdividing of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street.
   F.   Double frontage or through lots will not be permitted except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet (10'), and across which there shall be no right of access, or fence of uniform design, and approved by the planning commission shall be installed by the subdivider along the line of lots abutting such a traffic artery or other disadvantageous use of topography and orientation.
   G.   Side lot lines shall be substantially at right angles or radial to street lines. Some variation from this rule is permissible; however, very irregular lots shall be avoided.
   H.   Wherever possible, unit shopping centers based on sound development standards should be designed in contrast to the platting of lots for individual commercial use.
   I.   Where there is a question as to the suitability of a lot for its intended use due to factors such as rock formations, flood conditions, or similar circumstances, the commission may withhold approval of such lots. (Ord. 2013-20)

15.8.7.5: EASEMENTS:

   A.   Easements across lots or centered on rear or side lot lines shall be provided for utilities (water, drainage, disposal, storm sewer, sanitary sewer, etc.) where necessary and shall be at least twenty feet (20') wide.
   B.   Where a subdivision, lying within the city limits or area designated in the comprehensive plan as substantial residential (3 lots per net acre or more), is traversed by a watercourse, drainageway, channel, or stream within a subdivision, such watercourses shall be enclosed if the flow is capable of being carried in one 60-inch pipe. If such flow exceeds the capacity of a single sixty inch (60") pipe, an adequate width shall be dedicated by the subdivider for cleaning and maintenance of such watercourse in no case shall such dedication be less than fifty feet (50'). For those areas not designated as substantial residential (3 lots per net acre or more) the following criteria shall be used to permit open ditches or closed drainage systems. Flow can be accommodated with any of the following means:
      1.   Thirty inch (30") pipe or twenty foot (20') easement.
      2.   Forty eight inch (48") pipe or thirty foot (30') easement.
      3.   Sixty inch (60") pipe or fifty foot (50') easement.
The method to be used shall be approved by the planning commission. (Ord. 2013-20)

15.8.7.6: PUBLIC USE AREAS:

   A.   Where sites for parks, schools, playgrounds, or other public use areas as shown in the comprehensive plan or official map are located within the subdivision area, the council shall require that such areas be so designated on the final plat. The subdivider shall dedicate or reserve a public recreational area on a ratio of ten (10) acres per one thousand (1,000) residents in a central location within each development. If a major recreation facility or school site is required, the authority having jurisdiction shall acquire the designated land. If proceedings to acquire such designated public areas have not commenced within one year after approval of final plat, the owner may make any other permitted use of the site.
   B.   In the subdividing of any land within the jurisdiction, due regard shall be shown for all natural features, such as trees, watercourses, historical sites, or other similar conditions which if preserved, will add attractiveness to the proposed development. (Ord. 2013-20)

15.8.7.7: SIDEWALKS:

   A.   Sidewalks eight feet (8') in width shall be required along all business streets.
   B.   Sidewalks four feet (4') in width shall be required on both sides of all residential streets when either of the following are present:
      1.   Street with lot frontages of seventy feet (70') or less, or
      2.   On any street where population densities will be equal to or exceed two (2) families per gross acre.
   C.   Sidewalks four feet (4') in width shall be required on one side only of each residential street where the following conditions are present: population densities will be less than two (2) families per gross acre and the lots or building sites in general have street frontages of one hundred feet (100') or more.
   D.   Sidewalks of a width acceptable to the planning commission may also be required through the center of long blocks to connect cul-de-sac streets and to provide access to school, park and playground areas, and to river or lake frontages.
   E.   Sidewalks may be eliminated on one or both sides of streets where the EAC finds that the slope of the grounds make them impracticable and where approved by planning commission. (Ord. 2013-20)

15.8.8: VARIATIONS AND EXCEPTIONS:

   A.   When a subdivider can show that a provision of this chapter would cause unnecessary hardship if strictly adhered to, and when, in the opinion of the EAC, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provision, and with the commission's approval, a recommendation for a variance or modification may be made to the city council. The subdivider shall apply in writing for such variance or modification. Any variance thus recommended is required to be entered in writing in the minutes of the commission and the reasoning on which the departure was justified shall be set forth. Any variance or modification authorized by the council shall be made by resolution and a copy thereof shall be attached to and made a part of the final plat.
   B.   Action by the council shall take place at its next stated meeting. Approval of the council shall be indicated on the original drawing by the affixing of the signature of the city clerk, and the plat will be returned to the applicant to be filed for record in the miscellaneous records of the county recorder. (Ord. 2013-20)

15.8.9: RECORD OF PLATS:

All of such plats of subdivision, after the same have been submitted and approved as provided in this chapter, shall be filed in a book of plats of said city and shall be filed and kept by the city among the records of the city. (Ord. 2013-20)