Eden Valley City Zoning Code
CHAPTER 151
SUBDIVISION REGULATIONS
§ 151.001 TITLE.
This chapter shall be known and may be cited as the “Eden Valley Subdivision Ordinance”.
(Prior Code, § 531.010)
§ 151.002 PURPOSE.
These regulations are adopted for the following purposes:
(A) To assist the orderly, efficient, and integrated development of the city in compliance with the city’s Comprehensive Plan;
(B) To promote the health, safety, morals, and general welfare of the residents of the city; and
(C) To secure equitable handling of all subdivision plans by providing uniform minimum standards and procedures.
(Prior Code, § 531.020)
§ 151.003 COMPLIANCE.
Hereafter, no lot in a subdivision may be sold, no permit to erect or alter any building upon land in a subdivision may be issued, and no building may be erected in a subdivision, unless and until a subdivision plat has been approved and recorded, and until the improvements within the plat as set forth in the development agreement have either been constructed or guaranteed as herein provided.
(Prior Code, § 531.030)
§ 151.004 INTERPRETATION OF STANDARDS.
The provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules, regulations, or ordinances, the provisions of this chapter shall control.
(Prior Code, § 531.040)
§ 151.005 AMENDMENTS.
The City Council may introduce and consider amendments to the ordinance as proposed by a Council member, by the Planning Commission, or by a petition of a person residing or owning property within the city.
(Prior Code, § 531.060)
§ 151.006 VIOLATIONS.
(A) Sale of lots from unrecorded plats. It is unlawful for any person to sell, trade, or otherwise convey or offer to sell, trade, or otherwise convey any lot or parcel of land as a part of, or in conformity with, any plan, plat, or replat of any subdivision or area located within the jurisdiction of this chapter unless said plan, plat, or replat shall have first been recorded in the office of the County Recorder or waived as provided for in this chapter.
(B) Receiving or recording unapproved plats. It is unlawful for any person to receive or record in any public office any plans, plats, or replats of land laid out in building lots and street rights-of-way, alleys, or other portions of the same intended to be dedicated to public or private use, or for the use of purchasers or owners of lots fronting on or adjacent thereto, and located within the city, unless the same shall bear thereon, by endorsement or otherwise, the review of the Planning and Zoning Commission and the approval of the City Council.
(C) Misrepresentation as to construction, supervision, or inspection of improvements. It is unlawful for any person, owning an addition or subdivision of land within the city, to represent that any improvements upon any of the street rights-of-way, alley, or avenues of said addition or subdivision, or any utility in said addition or subdivision have been constructed according to the plans and specifications approved by the City Council, or have been supervised or inspected by the city, when such improvements have not been so constructed, supervised, or inspected.
(Prior Code, § 531.070) Penalty, see § 10.99
§ 151.007 ADMINISTRATIVE SUBDIVISION REQUIREMENTS.
(A) Application. The following applications shall be administrative subdivisions:
(1) Divisions of land where the division is to permit the adding of a parcel of land to an abutting lot or to create two lots and the newly created property line will not cause the land or any structure to be in violation of this chapter, the Comprehensive Plan, or Ch. 150; or
(2) The subdivision of base lots containing two-family, townhouse, or condominium dwellings which are part of a recorded plat where the division is to permit individual private ownership of a single- dwelling unit within such a structure and the newly created property lines will not cause any of the unit lots or the structures to be in violation of this chapter, the Comprehensive Plan, or Ch. 150.
(B) Data required. Completed application form and fee;
(C) Requirements. The following requirements must be met prior to approval.
(1) The administrative subdivision must comply with the design and dedication requirements of this chapter.
(2) All lots must have direct access onto a public street.
(D) Processing. Following review and approval by the Planning Commission, the City Clerk/Treasurer shall, within ten days, certify that the platting requirements of this chapter do not apply to the requested land division.
(Prior Code, § 531.080)
§ 151.008 PREMATURE SUBDIVISIONS.
(A) Generally. Any preliminary plat of a proposed subdivision deemed premature for development shall be denied by the City Council.
(B) Conditions establishing premature subdivisions. A subdivision may be deemed premature should any of the conditions set forth in the provisions which follow exist.
(1) Lack of adequate water supply. A proposed subdivision shall be deemed to lack an adequate water supply if the proposed subdivision, if developed to its maximum permissible density, does not have adequate sources of water to serve the proposed subdivision without causing an unreasonable depreciation of existing water supplies for surrounding areas.
(2) Lack of adequate waste disposal systems. A proposed subdivision shall be deemed to lack adequate waste disposal systems if there is inadequate sewer capacity in the present system to support the subdivision if developed to its maximum permissible density after reasonable sewer capacity is reserved for schools, planned public facilities, and commercial and industrial development projected for the next five years. Expected wastewater generation rates applicable to a proposed subdivision shall be based on generally accepted generation computation formulas as assigned by the City Engineer.
(3) Inconsistency with Comprehensive Plan. A subdivision shall be deemed premature if it is found to be inconsistent with the purposes, objectives, and recommendations of the duly adopted Comprehensive Plan of the city, as may be amended from time to time.
(C) Burden of establishing. The burden shall be upon the applicant to show that the proposed subdivision is not premature.
(Prior Code, § 531.090)
§ 151.020 PRE-APPLICATION CONFERENCE.
(A) A person or corporation desiring approval of a plat of a subdivision shall appear before the Planning Commission to discuss the proposal before filing an application for preliminary plat approval. No fee or formal application is required for this meeting.
(B) The subdivider shall be prepared to discuss the details of his or her proposed subdivision, including such items as the proposed use, existing features of the area, existing covenants, land characteristics, availability of community facilities and utilities, size of development, play areas or public areas, proposed protective covenants, proposed utilities, and street improvements. The subdivider shall submit a sketch plan as outlined in § 151.021.
(C) The Planning Commission will respond to questions from the subdivider, will review procedures and requirements for platting, and may suggest changes to the plan.
(Prior Code, § 532.010)
§ 151.021 SKETCH PLAN.
The subdivider shall prepare a sketch plan to present to the Planning Commission at the pre-application conference. This plan may be drawn as a freehand sketch and does not require precise dimensions or any special sheet size. This sketch plan may be used to show the Planning Commission the location, proposed street and lot layout, and any other significant features of the proposed subdivision.
(Prior Code, § 532.020)
§ 151.035 PROCEDURE.
After the pre-application conference, the subdivider shall submit an application for approval of a preliminary plat to the Zoning Administrator.
(A) The application shall be accompanied by the following:
(1) Three copies of all maps and data and one set of 11-inch by 17-inch plans as set forth in § 151.051; and
(2) A filing fee as established by the City Council.
(B) The Zoning Administrator shall send one copy each of the maps and data sheets submitted with the application to the Engineer, the City Council members, and the Planning Commission. The Engineer shall report any findings to the Planning Commission within 20 days.
(C) The Zoning Administrator shall set a public hearing on the preliminary plat, the time, and place to be published once in the official newspaper at least ten days before the day of its hearing.
(D) (1) The Planning Commission shall conduct the hearing, review the application and Engineer’s report and shall, within 30 days of application submittal, approve the preliminary plat proposed in the application subject to receipt of an acceptable final plat as set forth in this chapter, or shall, conditionally approve or disapprove the preliminary plat setting forth the reasons and providing the subdivider with a copy, if the preliminary plat is disapproved, the subdivider may submit a new preliminary plat.
(2) If action is not taken by the Council within the prescribed 60-day period, the preliminary plat shall be deemed preliminarily approved.
(Prior Code, § 533.010)
§ 151.036 PRELIMINARY PLAT.
(A) The following maps and data shall be submitted with the application for preliminary plat approval. These maps and data may be on separate sheets or combined on one sheet, depending on the size and complexity of the proposed subdivision.
(B) The overall size of the sheets shall be 24 inches by 36 inches (60 cm by 90 cm). An 11-inch by 17-inch reduced print of each plan and plat shall also be submitted.
(1) A location map of the proposed subdivision showing:
(a) Location within the city;
(b) Zoning of the tract and adjacent properties; and
(c) Existing related streets including the distance therefrom.
(2) A preliminary plat of the proposed subdivision and all lands within 300 feet of its boundaries drawn at a scale no smaller than 100 feet to each inch showing:
(a) Subdivision name;
(b) Names and addresses of owner and subdivider and the name of the engineer or surveyor who prepared the plan;
(c) Contours of the site at vertical intervals of two feet if the general slope is less than 10% and at intervals of five feet if the general slope is greater than 10%;
(d) Character and location of natural or artificial features existing on the land which would affect the design of the subdivision, such as wooded areas, streams, direction, and gradient of ground slope, embankments, retaining walls, buildings, or nonresidential usage of land;
(e) A mailing list of all property owners within 350 feet adjacent to the subdivision;
(f) Street pattern, including the names (which shall not duplicate existing streets in the city unless, it is an extension of an existing street), widths of rights-of-way of streets, widths of easements for alleys;
(g) Existing and proposed streets, highways, and rights-of-way, including dedicated widths, roadway widths, types, and widths of pavements, curbs, and sidewalks;
(h) Layouts of lots, including dimensions, numbers, building set back lines, or front yard lines;
(i) Utility locations of sanitary sewers, storm sewers, drainage facilities, or water lines;
(j) Existing and proposed easements, including widths and purposes;
(k) Tract boundary lines by calculated distances and bearings;
(l) Parcels of land to be dedicated or served for schools, parks, playgrounds, or other public or community use;
(m) Areas subject to periodic overflow of flood or stormwater; and
(n) Title, legend, notes graphic scale, north point, and date.
(3) A feasibility study for the proposed subdivision indicating: a report on the feasibility of connection to an existing storm sewer, water, and sanitary sewage system, including distances to the nearest public sewer, water and storm sewer, service load of the subdivision, and capacity of treatment plants;
(4) A draft of the protective covenants or private restrictions, if available, to be incorporated in the final subdivision plat.
(Prior Code, § 533.020)
§ 151.037 DURATION OF APPROVAL.
Unless extended by the City Council, the preliminary plat approval shall exist for a period of one year from the date of approval by the Council. If final plat requirements are not met within that time and approval granted by the Council, the preliminary plat approval shall be vacated and the developer must recommence the preliminary plat process and obtain all necessary approvals before any final plat will be considered.
(Prior Code, § 533.030)
§ 151.050 PROCEDURE.
(A) The final plat application shall be accompanied by:
(1) Five prints as set forth in § 151.051, and one 11-inch by 17-inch reproducible print of the plat; and
(2) A filing fee as established by the City Council.
(B) The Zoning Administrator shall send copies of the final plat to the City Planning Commission for review. If the Planning Commission finds that the final plat is in accordance with the requirements of these Regulations, the Chairperson or other authorized member shall endorse the final plat and submit it to the Council within 30 days.
(C) The Council approves the final plat, the Mayor or other authorized member shall endorse the final plat and return it to the subdivider. If disapproved, the Council shall attach to the original of the final plat a statement of the reasons for such action and return it to the subdivider. Failure of the Council to act on the final plat within 60 days of its acceptance by the Zoning Administrator will be recorded as approved.
(Prior Code, § 534.010)
§ 151.051 FINAL PLAT.
(A) The final plat shall be drawn at a scale no smaller than 100 feet to one inch. The overall size of the sheets shall be as required by the County Recorder. An 11-inch by 17-inch reduced print of each final plat sheet shall also be submitted.
(B) The final plat shall show:
(1) Subdivision name, name, and address of owner and subdivider, legal description of the property, graphic scale, north point, date, and certificate of approval of Planning Commission and Council;
(2) Survey data with certification by a registered professional engineer or land surveyor, showing:
(a) Calculated distances and bearings of the subdivision boundaries, lots, utility easements, streets, alleys, building set back lines, and parcels of reserved or dedicated land for community purposes;
(b) Location and distances to the nearest established street corners or official monuments, and of the street intersecting the boundaries of the subdivision;
(c) Location, type, material, and size of monuments;
(d) Complete curve data; and
(e) Lot numbers and street names.
(3) Limitations of easements and restrictions which will run with the land and become covenants in the deeds for lots; and
(4) Certificate of dedication of streets and other public property.
(E) The final plat submitted to the city shall be accompanied by a certified check or money order in an amount as established by the City Council.
(Prior Code, § 534.020)
§ 151.052 RECORDING.
The subdivider shall present a copy of the approved final plat to the County Recorder. After the plat is duly recorded, a certified copy of the recorded plat shall be presented to the Clerk/Treasurer within 180 days from the date of final plat approval.
(Prior Code, § 534.030)
§ 151.053 SUPPLEMENTARY DOCUMENTS.
The following shall also be provided to the city:
(A) A recorded mylar copy of the subdivision as approved by the city;
(B) A certified copy of the plat evidencing filing of the plat with the county within 180 days after approval by the city. No building permits shall be approved for construction of any structure on any lot in said plat until the plat has been recorded;
(C) A complete set of as-built construction drawings for any public improvements constructed in the subdivision shall be furnished to the city as soon as the construction is complete and approved by the city;
(D) Copies of any protective or restrictive covenants affecting the subdivision or any part thereof; and
(E) Upon adoption and filing of a final plat, the city shall prepare a street address map.
(Prior Code, § 534.040)
§ 151.054 SUBDIVISION CONTRACT.
Prior to the construction of any improvements within a plat, the subdivider/owner/developer shall enter into a contract for development for the new subdivision which contains satisfactory assurance that he or she will provide the necessary improvements as approved by the City Council and in compliance with all sections of this chapter. The owner or subdivider, if privately financing the project, shall deposit with the city an amount agreed to in the development agreement, either in cash, a letter of credit, or an indemnity bond, with sureties satisfactory to the city, conditioned upon the payment of all expenses incurred by the city for engineering and legal fees and other expense in connection with the making of such improvement.
(Prior Code, § 534.050)
§ 151.055 PARTICIPATION BY THE CITY.
The city may elect to install any, all, or none of the required improvements. The terms of these arrangements shall be specified in the subdivision contract. In the event that the developer petitions the city for the installation of improvements as provided for in M.S. Ch. 429, as it may be amended from time to time, the city will take additional measures within the subdivision contract (also known as “development agreement”) to protect the financial interests of the community.
(Prior Code, § 534.060)
§ 151.070 PLANNED DEVELOPMENT.
(A) The design standards of this chapter may be modified by the Council in the case of a plan utilizing a concept of clustered or non-standard development which meets the requirements of this subchapter.
(B) The planned development provision is intended to encourage original and imaginative subdivision design which preserves the natural amenities of the side and provides for the general welfare of the city.
(1) The plan shall be consistent with the spirit and intent of this chapter.
(2) The plan shall conform to the Planned Unit Development District requirements of Ch. 150.
(3) Properties adjacent to the plan shall not be adversely affected.
(Prior Code, § 535.010)
§ 151.071 PARKS, OPEN SPACE, AND PUBLIC USE.
(A) Where a proposed park, playground, school site, or other public site shown on an adopted Comprehensive Plan or official map is encompassed in part or in whole by a boundary of a proposed subdivision, and such public ground shall be shown as reserved land on the preliminary plat to allow the Council, Board of Education, or county and state agency the opportunity to consider and take action toward acquisition of such public ground or park or school site by dedications, purchase, or other means prior to approval of the final plat.
(B) (1) It is declared general policy that in all new subdivisions, 5% of the gross area, or an amount of gross area as set by Council resolution, of all property subdivided shall be dedicated for parks, playgrounds, or other public use. Such dedicated area shall be in addition to the property dedicated for streets, alleys, waterways, pedestrian ways, or other public ways.
(2) No areas may be dedicated as parks, playgrounds, or public lands until such areas have been approved for the purpose to which they are to be dedicated. The park land shall be graded to the contours set forth in the preliminary plat.
(3) The developer shall provide a minimum of three inches of topsoil over the entire park area and the area shall be seeded with a type of seed approved by the city. The financial guarantees by the developer to the city shall be in effect at least until such time that the park land is graded and seeded.
(C) At least 50% of the gross area dedicated for parks, open space, or public use shall be suitable for active recreation use as determined by Council resolution.
(D) (1) When the subdivision is small or does not include a park or public area shown on the Comprehensive Plan, or, if in the judgment of the Council the area proposed to be dedicated is not suitable or desirable for park/playground purposes because of location, size, or other reason, the Council may require, in lieu of land dedication, a payment to the municipality of a sum equal to 5% of the current value of the land to be subdivided or a fee as set by Council resolution.
(2) The current land value shall be the value of the land at its highest and best use when ready to be platted but not including utility costs.
(3) The City Council and/or its agents shall have the authority to make the final determination of the value of the land for purposes of park dedication.
(4) If requested, the City Council shall provide the developer or landowner with the methodology used to calculate the value of the land.
(E) (1) Such dedication of land for public use shall be without restrictions or reservations and shall be transferred to the city by deed or by plat.
(2) Money given to the city in lieu of land shall be used by the city only for acquiring, developing, maintaining, or enhancing public park land.
(Prior Code, § 535.020)
§ 151.072 NATURAL FEATURES.
Existing, natural features which would add value to the subdivision and the city such as trees, steep slopes, watercourses, historic spots, and similar irreplaceable assets shall be preserved, insofar as possible, through harmonious design of the subdivision.
(Prior Code, § 535.030)
§ 151.073 STREETS, SIDEWALKS, AND/OR TRAILS.
The City Council shall not approve any plat unless all streets shown thereon shall be of sufficient width and shall be so located as to accommodate the probable volume of traffic thereon, afford adequate light and air, facilitate fire protection, provide access of firefighting equipment to buildings, provide ease of maintenance, and provide a coordinated system of streets conforming to the city street plan.
(A) Access upon a state or federal highway shall meet state and federal access requirements.
(B) Local streets shall be so planned as to continue and promote the grid pattern of development previously established in the city.
(C) Wherever there exists a dedicated or platted portion of a street or alley along a boundary of the tract being subdivided, the remainder of said street or alley, to the prescribed width, shall be platted within the proposed subdivision.
(D) Half streets shall not be provided, except where it is essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, or where it becomes necessary to acquire the remaining half by condemnation so it may be approved in the public interest.
(E) Dead-end streets shall be prohibited unless provided with a turnaround or cul-de-sac arrangement.
(F) Cul-de-sacs shall normally not be longer than 600 feet including a turnaround which shall be provided at the closed end with an outside curb radius of not less than 50 feet. The maximum grade of the turnaround portion of the cul-de-sac shall be 5%.
(G) Alleys may not be provided in residential districts but shall be included in commercial and industrial areas where needed for loading and unloading or access purposes.
(H) The minimum distance between centerlines of parallel or approximately parallel streets intersecting a cross street from opposite directions shall be 125 feet.
(I) Intersections of more than two streets at one point shall be avoided.
(J) Right-of-way requirements may be increased for specific thoroughfares if existing or anticipated traffic flow warrants it, or if drainage casements parallel such thoroughfares. Such increased width will be set by the City Council under the advisement of the Planning Commission and the City Engineer.
(K) Minimum right-of-way widths, paving widths, angle of intersections, curb radius, distances along sides of sight triangles, horizontal alignments, vertical alignments, as well as maximum grades shall be in accordance with the following table.
Regional Streets | Collector Streets | Local Streets | Cul-de Sacs | Frontage Road | Alleys |
Regional Streets | Collector Streets | Local Streets | Cul-de Sacs | Frontage Road | Alleys | |
Grades for 25 feet before intersection | 3% | 3% | 3% | 3% | 3% | 3% |
Horizontal alignment (minimum radii of centerline) | 600 feet | 400 feet | 200 feet | 100 feet | 600 feet | 100 feet |
Maximum grade | 8% | 12% | 12% | 12% | 12% | 12% |
Minimum angle for intersection | 90 degrees | 80 degrees | 70 degrees | 70 degrees | 90 degrees | 70 degrees |
Minimum curb radius | 35 feet | 25 feet | 15 feet | 15 feet | 35 feet | 5 feet |
Paving width | 52 feet | 44 feet | 36 feet | 32 feet | 30 feet | 20 feet |
Right-of-way width | 100 feet | 70 feet | 60 feet | 50 feet | 45 feet | 33 feet |
Vertical curves (minimum sight distance) | 500 feet | 350 feet | 200 feet | 100 feet | 500 feet | 100 feet |
(L) Sidewalk/trail minimum standards shall be as follows.
Class of Street | Sidewalk Width (feet) | Trail Width ROW/Paved |
Arterial | 5 | 20/8 |
Collector | 5 | 15/8 |
Local/minor | 5 | 15/8 |
(Prior Code, § 535.040)
§ 151.074 BLOCKS.
Blocks shall ordinarily not exceed 1,000 feet in length. Where it is necessary for blocks to exceed the length, pedestrian ways and/or easements, at least eight feet in width, may be required near the center of the block.
(Prior Code, § 535.050)
§ 151.075 LOTS.
Lot sizes shall conform with the requirements of Ch. 150 and the lots shall be designed in accordance with the following design standards.
(A) Every lot shall be provided with access adequate for the use of public safety vehicles and other public and private purposes and shall be served by a public or private street system, improved in accordance with this chapter and connected to the general street system.
(B) Side lines of lots shall be approximately right angles to straight streets and on radial lines on curved streets. Some variation from this rule is permissible, but pointed or very irregular lots shall be avoided.
(C) Double frontage lots should be avoided.
(D) When a tract is subdivided into larger than required building lots and there is no covenant preventing resubdivision of the lots, such lots or parcels shall be so arranged as to permit a logical location and opening of future streets and resubdividing, with provision for adequate utility connections for each subdivision.
(Prior Code, § 535.060)
§ 151.076 EASEMENTS.
(A) Drainage. Where a subdivision is traversed by a watercourse, there shall be provided a drainage way, channel, or drainage right-of-way conforming substantially with the lines of such watercourse, together with such further width of construction of both, as will be adequate for stormwater runoff. All drainage easements shall be so identified on the plat.
(B) Public trails/walkways. In addition to other open space, dedication of easement to provide connections to public trails will be required where shown on a Comprehensive Plan. Where deemed essential to provide circulation, or access to schools, playgrounds, shopping centers, transportation and other community facilities, pedestrian easements with rights-of-way widths of not less than ten feet shall be required.
(C) Utilities. Easements at least ten feet wide, centered on front and rear lot lines, shall be provided for all utilities. In residential areas, five feet wide easements shall be provided on the side lot lines. All easements shall have continuity of alignment from block to block. At deflection points, easements for pole-line anchors shall be provided where necessary.
(Prior Code, § 535.070)
§ 151.077 WATER AND SEWER SYSTEMS.
The water supply and sewage disposal systems for the subdivision shall meet the design standards and requirements of the State Department of Health and Minnesota Pollution Control Agency.
(Prior Code, § 535.080)
§ 151.078 VARIANCES.
The Council may grant a variance upon receiving a report from the Planning Commission in any particular case where the subdivider can show that by reason of exceptional topography or other physical conditions, the strict compliance with these regulations could cause unnecessary hardship. Application for such a variance shall be made in writing by the subdivider at the time the preliminary plat is filed with the Clerk/Treasurer. A variance thus granted shall be recorded in resolution form entered in the minutes of the Council setting forth the reasons which justified the action.
(Prior Code, § 535.090)
§ 151.090 GENERAL IMPROVEMENTS.
All of the required improvements specified in this subchapter shall be constructed in accordance with the city’s Standards for Construction and all other applicable city, county, and state regulations.
(Prior Code, § 536.010)
§ 151.091 MONUMENTS AND MARKERS.
Monuments shall be set at the intersection of all lines forming angles in the boundary of the subdivision. Markers shall be set at the beginning and ending of all curves along street property lines; at all points where lot lines intersect curves, either front or rear; at all angles-in property lines of lots and at all other lot corners.
(Prior Code, § 536.020)
§ 151.092 STREETS.
The streets shall be graded to the grades and dimensions shown on plans and profiles and approved by the Council and shall include the following improvements.
(A) Suitable drainage structures, culverts, storm sewers, ditches, and related installations shall be provided to ensure adequate drainage of all points along the streets.
(B) Concrete curbs and gutters shall be required on all streets.
(C) The base and sub-base material thickness shall be determined by the City Engineer.
(D) Pavement shall be required on all streets in accordance with the requirements of the City Engineer.
(E) Street shoulders shall be constructed which are uniformly and thoroughly compacted by rolling and level with the tops of curbs.
(Prior Code, § 536.030)
§ 151.093 STORM DRAINAGE.
The construction of a storm drainage system shall conform to the following requirements.
(A) Drainage ditches or channels shall have a minimum gradient of 1% where terrain permits.
(B) Open watercourses shall have adequate capacity and erosion control to ensure safe and healthful disposal of stormwater.
(C) When top soil has been removed from the surface of a lot on a slope where erosion will cause a displacement of loose material, the subdivider shall be required to seed or provide other means to prevent the wash from damaging adjacent property or accumulating on street surfaces.
(Prior Code, § 536.040)
§ 151.094 WATER SUPPLY.
The subdivider shall connect to the public water supply and construct a system of water mains with a connection for each lot.
(A) Where public water is not available, as determined by the City Council, the subdivider shall supply acceptable evidence of the availability of water. The subdivider may be required to make one or more test wells in the area to be platted if such evidence is deemed not acceptable. Copies of well logs from said test wells which are obtained shall include the name and address of the well driller and shall be submitted with the plan to the Council.
(B) If a private water supply is permitted, individual private wells shall meet the requirements of the applicable county and the state, and shall be located at least 25 feet from property line.
(C) Where a connection to the city water system is presently available, water distribution facilities including pipe fittings, hydrants, valves, and the like, shall be installed to serve all properties within the subdivision. Water mains shall be a minimum of six inches in diameter and where larger mains are required to serve future growth, the city may elect to participate in the cost of such water mains. Looping of all water mains shall be promoted.
(Prior Code, § 536.050)
§ 151.095 SEWERS.
The subdivider shall provide the subdivision with a complete sanitary sewer system to be connected to the municipal sanitary system.
(Prior Code, § 536.060)
§ 151.096 UTILITIES.
(A) Where sewer and water systems are installed, the mains shall be of adequate size to accommodate future growth and utilization. Stubs shall be provided to each lot from the utility main to the lot line for future connection. Wherever practical, similar utilities shall be placed in the same general location on streets of the same direction.
(B) Every lot in a subdivision shall be capable of being served by utilities, and easements acceptable to the utility companies shall be provided. Electric, gas, and other utility distribution lines shall be installed within public rights-of-way or within properly designated easements. To the fullest extent possible, underground utilities lines located in street rights-of-way shall not be installed beneath existing or proposed paved areas and in any case shall be installed prior to the placement of any paving.
(Prior Code, § 536.070)
§ 151.097 TREES.
(A) Trees shall be planted along the streets at a maximum spacing of 50 feet. The location and types of trees must meet the approval of the Council. All such trees shall have a trunk diameter, measured at a point three feet above ground level, of two and one-half inches.
(B) The following tree varieties shall not be planted or maintained in street rights-of-way:
(1) Box elder;
(2) Willow;
(3) Cottonwood;
(4) Aspen;
(5) Elm;
(6) Catalpa;
(7) Walnut;
(8) Mountain Ash;
(9) Hawthorn;
(10) Poplar (any variety); or
(11) Nut or fruit-bearing trees.
(Prior Code, § 536.080)
§ 151.098 STREET SIGNS.
Street name signs of a type adopted or approved by the Council shall be installed at each street intersection by the subdivider on a location specified by the Engineer.
(Prior Code, § 536.090)
§ 151.099 INSPECTION.
(A) All required improvements shall be inspected by the City Engineer during construction at the expense of the subdivider. The contract shall contain a provision for supervision of details of construction by the City Engineer and shall grant to the Engineer the authority to correlate the work to be done under such contract by any subcontractor authorized to proceed thereunder with any other work being done or contracted by the city in the vicinity.
(B) When the plans of streets and other improvements have been approved as provided in this chapter, the subdivider shall first notify the Clerk/Treasurer of its intention to proceed with the construction or installation of said streets and improvements. Notification shall be made at least 24 hours before any such construction or installation shall commence so as to give the city an opportunity to inspect the site prior to commencement of work and to inspect installation or construction of said streets and improvements during the course of work being performed.
(Prior Code, § 536.100)
§ 151.100 ACCEPTANCE.
After streets and improvements have been installed and constructed, pursuant to the requirements contained in this chapter, and in the event that the subdivider desires to have the city accept said streets or improvements, the subdivider shall notify the Council that the construction or installation has been completed, and shall supply the city with a minimum, of four copies of the as-built plan on which the street or improvement in question has been constructed or installed.
(Prior Code, § 536.110)