The purpose and intent of this article is to provide for the proper location and width of streets, building lines, open spaces, safety and recreation facilities, utilities, and drainage, and for the avoidance of congestion of population through requirements of minimum lot width, depth and area and the compatibility of design; to require and fix the extent to which and the manner in which streets shall be graded and improved, and water, sewer, drainage, and other utility mains and piping or connections or other physical improvements shall be installed; and to provide for and secure the actual construction of such physical improvements.

(Ord. No. 7996, § 1, 6-14-2016)

A.

General applicability. The standards in this article apply to anyone platting property, or to any application that involves or requires the construction or alteration of public improvements as a result of development.

B.

Exemptions. The standards in this article shall not apply in the following instances:

1.

The division of land into parcels or tracts of not more than five acres and not involving any new streets or easements of access and not affecting major streets.

2.

A change in the boundary between adjoining lands which does not create an additional lot or a nonconforming lot or further the nonconformance of any lot or any structure on that lot.

3.

Land used for street or railroad right-of-way, drainage easement or other public utilities subject to local, state or federal regulations, where no new street or easement of access is involved.

4.

The re-subdivision of land to be used for industrial purposes only.

5.

Any transfer by operation of law.

C.

Restrictive covenants. The planning commission shall have the right to confer with the applicant regarding the type and character of development that will be permitted in the subdivision and may require that certain minimum regulations regarding this matter be incorporated in the restrictive covenants. Such regulations shall be intended to protect the character and value of the surrounding development of the property which is being subdivided.

D.

Planned unit development. In accordance with planned unit development district regulations of the development regulations, the preliminary development plan may be used as the preliminary plat. Approval of the preliminary development plan by the city commission signifies concurrent approval of the preliminary plat, subject to any requirements made as a condition of this approval.

(Ord. No. 7996, § 1, 6-14-2016; Ord. No. 8097, § 1, 3-12-2019)

The design of the subdivision shall provide for efficient traffic flow, proper mixing of land uses, and a logical link between surrounding, existing development, and the proposed layout. The comprehensive land use plan should be used as a guide in determining if the design of the proposed subdivision is proper. The planning commission shall have the authority to deny a plat or request redesign, if, in its opinion, the layout is not the most suitable for the site.

A.

Blocks.

1.

Length. Intersecting streets (which determine block length) shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets in the neighborhood. In residential districts, where no existing plats are recorded, the blocks shall not exceed 1,320 feet in length, except that a greater length may be permitted where topography or other conditions justify a departure from this maximum. In blocks longer than 800 feet, pedestrian ways and/or easements through the block may be required near the center of the block. Such pedestrian ways or easements shall have a minimum width of ten feet.

2.

Width. In residential development, the block width shall normally be sufficient to allow two tiers of lots of appropriate depth. In certain instances, however, a different arrangement may be required in order to provide better circulation or to protect a major circulation route. Blocks intended for business or industrial use shall be of such width and depth as may be considered most suitable for the prospective use.

B.

Streets and alleys. The planning commission shall review all plats for impacts on the urban design, transportation, and utility functions of all rights-of-way, including any part of the system impacted by the subdivision. According to the policies and designs in the major street plan, or other plans and policies affecting rights-of-way, public realm design, and public facilities, the planning commission shall have the right to restrict and regulate the design and points of access to all property from the public streets system. Such restriction shall be indicated on the final plat.

1.

Relationship to adjoining street system. The arrangement of streets in new subdivisions shall provide for the continuation of the principal existing streets in adjoining additions (or their proper projection where adjoining property is not subdivided) insofar as they may be necessary for public requirements. The width of such streets in new subdivisions shall be not less than the minimum street widths established herein. Alleys, when required, and street arrangement must cause no hardship to owners of adjoining property when they plat their land and seek to provide for convenient access to it. Whenever there exists a dedicated or platted half street or alley adjacent to the tract to be subdivided, the other half of the street or alley shall be platted and dedicated as a public way.

2.

Street name. Streets that are obviously in alignment with other already existing and named streets shall bear the name of the existing streets. Street names should not be similar to already platted street names. All street names shall be assigned by the property owner subject to the final approval by the planning commission in their review of the plat. House numbers shall be assigned by the director of public works.

3.

Local streets. Local streets shall be so designed to discourage through or non-local traffic. Local streets should not intersect arterial streets. If two local streets do not line up, they shall be offset at least 125 feet.

4.

Cul-de-sacs. An adequate turnaround of not less than a 100-foot diameter right-of-way shall be provided at the closed end of a dead-end local street longer than one lot in length. Such local street segment shall not exceed 800 feet in length from the intersection of a cross street to the juncture with the cul-de-sac.

5.

Right angle intersections. Under normal conditions, streets shall be laid out to intersect, as nearly as possible, at right angles. Where topography or other conditions justify a variation from the right angle intersection, the minimum angle shall be 60 degrees.

6.

Streets adjacent to a railroad right-of-way, limited access freeway, principal highway, or arterial street. Where lots front or side, but do not back on railroad rights-of-way, limited access freeways, principal highways, or arterial streets, a marginal access street or frontage road may be required adjacent to the boundary of such rights-of-way. The distance from rights-of-way shall be determined, with consideration to minimum distance required for approach connections to future grade-separated intersections.

7.

Half-streets. Half-streets shall be avoided, except for arterial streets and collector streets where applicable, or where they are essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; or, when the planning commission finds that it will be practicable to require the dedication of the other half of the street when the adjoining property is subdivided. Whenever a half-street or portion thereof is existing and adjacent to a tract to be subdivided, the other half of the street shall be based on minimum requirements as set forth in this article and the engineering and public works department's infrastructure design and construction manual and shall be platted within such tract.

8.

Alleys. Alleys may be required in commercial, industrial, and residential areas. Dead-end alleys shall be avoided, wherever possible, but if unavoidable, such alleys shall be provided with adequate turnaround facilities at the dead-end. In residential areas, alleys of adjoining subdivisions will not be closed or shut-off by failing to provide alleys in the proposed subdivision.

9.

Minimum requirements. The right-of-way grades and widths for streets and alleys, shall not be less than the minimum for each classification as follows:

TABLE 3-01. REQUIRED ROAD RIGHTS-OF-WAY AND DESIRABLE GRADES

When existing or anticipated traffic or arterial and collector streets warrant greater widths of rights-of-way, the additional width shall be dedicated. The minimum gradient on a street shall be 1.0 percent.

10.

Street alignment. Minimum horizontal and vertical alignment on all streets, except in unusual cases, shall be as follows:

a.

Minimum horizontal-radii at the centerline.

(1)

Local streets, 230 feet.

b.

Minimum sight distance on vertical curves.

(1)

Local streets, 200 feet.

11.

Street geometry. On streets with reverse curves, a reasonable tangent shall be provided between curves to permit a smooth flow of traffic.

12.

Street layout. Proposed streets shall conform to topography as nearly as possible to reduce drainage problems and grades.

13.

Intersecting streets. Off-center intersecting streets shall be at least 125 feet apart, measured center to center.

14.

Street elevation. All streets shall be constructed at least at the 100-year flood elevation, or higher.

C.

Lots design.

1.

Minimum lot width shall be measured at the building setback line.

2.

Minimum lot depth shall be 100 feet (said measurement shall be made through the center of the lot).

3.

Minimum lot area shall be subject to the requirements of the zoning district in which the subdivision is located and the minimum design standards of this regulation. The more restrictive of the regulations shall govern.

4.

All side lot lines shall bear 60 to 90 degrees from the street right-of-way line on a straight street or from the tangent of a curved street except where made necessary to be otherwise by existing or proposed utility lines.

5.

Front building or setback lines shall be shown on the final plat for all lots in the subdivision and shall not be less than the setbacks required by the zoning district or any other regulations adopted by the city commission; the most restrictive setback requirement shall govern.

6.

Double frontage lots shall be avoided unless, in the opinion of the planning commission, a variation to this rule will give better street alignment and lot arrangement.

7.

Every lot shall abut on a public street improved to city standards other than an alley except in a planned unit development where approved private streets may be used as access.

8.

The subdivision or re-subdivision of lots shall not be permitted where said subdivision or re-subdivision places an existing permanent structure in violation of the requirements of the zoning district or the minimum design standards of these regulations.

9.

Where possible, residential lots shall not face on arterial streets. The number of lots facing on collector streets shall be kept to a minimum in each subdivision. The street pattern shall be designed so that the side lines of lots abut collector streets wherever land shapes and topography permit.

10.

If the proposed subdivision is not served with either a public water supply or a public sewer system and the developer will be using a private water supply with an approved private sewage disposal system, the applicant shall submit his preliminary plat on the basis of lot sizes that meet the requirements of the city-county health department, or other authorized agency who shall secure percolation tests and submit a recommendation to the planning commission. The plat will be so proportioned as to permit future re-platting consistent with good subdivision design.

11.

The location and size of easements may be adjusted as required in the adopted infrastructure design manual.

D.

Easements. Where alleys are not provided, permanent easements of not less than ten feet in width alongside property lines and ten feet in width along rear property lines, where necessary, for utility poles, wires, conduits, underground conductors, storm and sanitary sewers, gas, water and heat mains, and other public utilities shall be provided. These easements shall provide for a continuous right-of-way. Where the utility company or agency has the need for a wider easement than required above for a specific location, this easement shall be shown on the plat. Permanent easements shall not be obstructed by structures, retaining walls, or trees. A property owner may install fences and landscape the easement with grass and shrubs at their own risk. A 12-foot temporary construction easement shall be provided on each side of all lot lines for initial construction of water, sewer, and other utility lines.

E.

Drainage easements. If a subdivision is traversed by a watercourse, drainage right-of-way shall be provided. Such easement or right-of-way shall conform substantially to the lines of such watercourse and shall be of such width or construction, or both, as may be necessary to provide adequate stormwater drainage and for access for maintenance thereof. Parallel streets or parkways may be required in connection therewith. Applicant shall have an engineer's study prepared and report to the planning commission as to the required width of such easement. Such study and report shall be based on the 100-year flood.

F.

Flooding.

1.

Subdivision proposals greater than five acres or 50 lots, whichever is lesser, require the following information:

a.

Contour/grading plan.

b.

Location of floodway and floodway fringe boundaries.

c.

Elevation of 100-year flood.

d.

Location of lowest floor elevation of proposed structure including basement floor.

2.

Adequate drainage shall be provided to reduce exposure to flood hazards.

3.

All public utilities and facilities shall be located to minimize or eliminate flood damage.

4.

All proposed development shall be consistent with the need to minimize flood damage and meet the floodplain management standards adopted by the city.

(Ord. No. 7996, § 1, 6-14-2016)

The improvements required herein shall apply to any final plat approved by the city commission subsequent to the passage of these regulations. The applicant shall install, or provide for the installation of these following improvements:

A.

Streets. The applicant shall provide for the installation of pavement and curb and gutter on all streets. No grading or other construction shall take place within a street right-of-way until the construction plans have been approved by the director of public works. All street paving shall be located in the center of the right-of-way. All street construction shall conform to the specifications of the city and compliance therewith shall be confirmed by the director of public works prior to release of surety by the city commission.

B.

Walks. Sidewalks shall be installed on at least one side of all residential streets upon which houses face, and sidewalks shall be required on both sides of the street in a commercial district. Sidewalks may be deleted from the turn-around area on a cul-de-sac in a residential area. All sidewalks shall be not less than five feet in width, of Portland cement concrete and shall comply with the specifications of the city. Sidewalks shall be located in the platted street right-of-way, four feet from the curb. Walks shall also be installed in any pedestrian easements as may be required by the planning commission.

C.

Storm drainage. The applicant shall install culverts, storm sewers, riprap slopes, stabilized ditches, and other improvements to adequately handle stormwater. All improvements shall comply with the minimum standards of the city and shall be approved by the director of public works prior to construction.

D.

Utilities. The applicant shall be responsible to provide for and pay the full cost of the proper installation and connection of all utilities, including sanitary sewers, connection to approved treatment facilities, water supply, natural gas, electricity, and telephone service. All utilities shall be installed according to the specifications of the controlling utility company or public agency.

1.

Waterlines. The applicant shall connect with such water main and provide a water connection for each line in accordance with the water board's standard procedure and supervision. Fire hydrants shall be provided as an integral part of the water supply system on a minimum of a six-inch waterline. Location of fire hydrants to serve the platted area will be determined by the fire chief in review of the preliminary plat.

2.

Sanitary sewers. Where a serviceable public sanitary sewer line with sufficient capacity is within 500 feet the applicant shall connect or provide for the connection with such sanitary sewer, and shall provide within the subdivision the sanitary sewer system required to make the sewer accessible to each lot in the subdivision. Sewer system plans, after being approved by the director of public works shall be submitted to the state board of health for final approval, and construction shall be performed by a qualified contractor, with final approval by the director of public works. Where sanitary sewers are not available, other facilities, as approved by the state board of health, must be provided for the adequate disposal of sanitary wastes.

3.

Permanent monuments. Permanent monuments shall be placed at all lot and block corners, angle points, point of curve in streets and at intermediate points as required after improvements are installed and prior to the final acceptance of the improvements by the city. Said permanent monuments shall be one-half inch iron core bars or pipe, two feet long and shall be set with top of monument flush with existing ground line. A permanent concrete monument, four-inch by four-inch by two-feet in depth, shall be placed at one subdivision corner (preferably the legal description point of beginning) set with an identification plate.

E.

Exceptions for existing improvements.

1.

Where the proposed subdivision is a re-subdivision or concerns an area presently having any or all required improvements as previously set out, and where such improvements meet the requirements of this section and are in good condition as determined by the director of public works, no further provision need be made by the applicants to duplicate such improvements. However, where such existing improvements do not meet said requirements, the applicant shall provide for the repair, correction, or replacement of such improvements so that all final improvements will then meet city standards and specifications.

2.

Where the proposed subdivision is a re-subdivision or concerns an area presently abutting or containing any existing public street of less than the minimum required right-of-way width or roadway width, land shall be dedicated so as to provide a minimum street right-of-way width established by these regulations and/or planning commission policy, and the applicant of such proposed subdivision shall provide an additional roadway pavement meeting the minimum standards set by these regulations and the city. The director of public works shall determine what adjustment to make where the previously mentioned widening merges with existing streets which are of smaller width at the boundary of such proposed subdivision. The city may reduce the minimum roadway system if the extension of such roadway is already improved at each end of the roadway in the subdivision and the roadway in the subdivision to be reduced is two blocks or less in length. Lanes to be painted on such widened streets designating driving and parking areas may also be required. The foregoing provisions requiring the widening of pavement may be waived by the planning commission when the length of such pavement is less than one block.

(Ord. No. 7996, § 1, 6-14-2016)

Whenever the planning commission deems full conformance to provisions of these regulations is impractical or impossible due to the size, shape, topography, location or condition, or such usage of land included in a subdivision plat being presented for approval or because of the layout of surrounding properties, the planning commission may recommend authorization of excepting these regulations in the final plat. The exceptions are separate and distinct from those exceptions relative to zoning which are granted by the board of zoning appeals and other ordinances and codes effective in the city. Such recommendation shall intend that substantial justice may be done and the public interest be secured. The planning commission recommendation for authorization of exceptions shall be made by letter of transmittal to the city commission. In recommending such exceptions, the planning commission shall find the following:

A.

That there are special circumstances or conditions affecting the property such that strict application of these regulations would deprive the owner of the reasonable use of his land and is not merely the grant of a privilege;

B.

That the variances or exceptions are necessary for the reasonable and acceptable development of the property in question; and

C.

That the granting of any exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated.

(Ord. No. 7996, § 1, 6-14-2016)