(a)

In any case in which a developer installs or causes the installation of water, sewer, electrical power, telephone, or cable television facilities and intends that such facilities shall be owned, operated or maintained by a public utility or any entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities.

(b)

A parcel of land without either direct or indirect access to a public street may be created for public utility facilities. Such lots shall meet the following criteria:

(1)

A special use permit granted by city council is required.

(2)

Minimum lot size shall be 7,000 square feet.

(3)

The newly created lot must provide access adequate to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use.

A lot has direct access to a public street if a sufficient portion of a boundary of the lot abuts the public street right-of-way so that an access way, with reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use, can be established. A lot has indirect access if it connects to a public street by means of one or more private roads that are of sufficient size to allow for reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2018.08.07 , 8-13-18; Ord. No. 2021.06.02 , 6-9-21)

(a)

Whenever it is legally possible and practicable in terms of topography to connect a lot with a city or county water line or a city sewer line by running a connecting line not more than 200 feet from the lot to such line, then no use requiring water or sewage disposal service may be made of such lot unless connection is made to such line.

(b)

Connection to such water or sewer line is not legally possible if, in order to make connection with such line by a connecting line that does not exceed 200 feet in length, it is necessary to run the connecting line over property not owned by the owner of the property to be served by the connection, and after diligent effort, the easement necessary to run the connecting line cannot reasonably be obtained.

(c)

In the event the city determines that it is necessary for the orderly development of the city to install larger size sanitary sewer, storm drainage facilities, or water mains than are necessary to serve the subdivision requested for approval, the difference in the cost of the larger size facilities over and above the cost of the facilities required to serve the subdivision shall be paid by the city, provided the city approves the contractors prices for same or enters into contract as an effective third party.

(d)

For purposes of this chapter, a lot is "served" by a governmentally owned water or sewer line if connection is required by this section.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Every principal use and every lot within a subdivision shall be served by a sewage disposal system that is adequate to accommodate the reasonable needs of such use or subdivision lot, and that complies with all applicable health regulations.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

Primary responsibility for determining whether a proposed development will comply with the standard set forth in section 35-238 often lies with an agency other than the city, and the developer must comply with the detailed standards and specifications of such other agency. The relevant agencies are listed in subsection (b). Whenever any such agency requires detailed construction or design drawings before giving its official approval to the proposed sewage disposal system, the authority issuing a permit under this chapter may rely upon a preliminary review by such agency of the basic design elements of the proposed sewage disposal system to determine compliance with section 35-238. However, construction of such system may not be commenced until the detailed plans and specifications have been reviewed and any appropriate permits issued by such agency.

(b)

In the following table, the column on the left describes the type of development and the column on the right indicates the agency that must certify to the city whether the proposed sewage disposal system complies with the standard set forth in section 35-238.

_____

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Every principal use and every lot within a subdivision shall be served by a water supply system that is adequate to accommodate the reasonable needs of such use or subdivision lot and that complies with all applicable health regulations.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

Primary responsibility for determining whether a proposed development will comply with the standard set forth in section 35-240 often lies with an agency other than the city and the developer must comply with the detailed standards and specifications of such other agency. The relevant agencies are listed in subsection (b). Whenever any such agency requires detailed construction or design drawings before giving its official approval to the proposed water supply system, the authority issuing a permit under this chapter may rely upon a preliminary review by such agency of the basic design elements of the proposed water supply system to determine compliance with section 35-240. However, construction of such system may not be commenced until the detailed plans and specifications have been reviewed and any appropriate permits issued by such agency.

(b)

In the following table, the column on the left describes the type of development and the column on the right indicates the agency that must certify to the city whether the proposed water supply system complies with the standard set forth in section 35-240.

_____

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

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(a)

Subject to subsection (b), all public streets, sidewalks, and other common areas or facilities in subdivisions created after the effective date of this chapter shall be sufficiently illuminated to ensure the security of property and the safety of persons using such streets, sidewalks, and other common areas or facilities.

(b)

To the extent that fulfillment of the requirement established in subsection (a) would normally require street lights installed along public streets, this requirement shall be applicable only to subdivisions located within the corporate limits of the city.

(c)

All roads, driveways, sidewalks, parking lots, and other common areas and facilities in unsubdivided developments shall be sufficiently illuminated to ensure the security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other common areas and facilities.

(d)

All entrances and exits in substantial buildings used for nonresidential purposes and in multifamily residential dwellings containing more than four dwelling units shall be adequately lighted to ensure the safety of persons and the security of the building.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Lighting within any lot that unnecessarily illuminates any other lot and substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting unnecessarily illuminates another lot if it clearly exceeds the standard set forth in section 35-242 or if the standard set forth in section 35-242 could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Every principal use and every lot within a subdivision shall have available to it a source of electric power adequate to accommodate the reasonable needs of such use and every lot within such subdivision. Compliance with this requirement shall be determined as follows:

(1)

If the use is not a subdivision and is located on a lot that is served by an existing power line and the use can be served by a simple connection to such power line (as opposed to a more complex distribution system, such as would be required in an apartment complex or shopping center), then no further certification is needed.

(2)

If the use is a subdivision or is not located on a lot served by an existing power line or a substantial internal distribution system will be necessary, then the electric utility service provider must review the proposed plans and certify to the city that it can provide service that is adequate to meet the needs of the proposed use and every lot within the proposed subdivision.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Every principal use and every lot within a subdivision must have available to it a telephone service cable adequate to accommodate the reasonable needs of such use and every lot within such subdivision. Compliance with this requirement shall be determined as follows:

(1)

If the use is not a subdivision and is located on a lot that is served by an existing telephone line and the use can be served by a simple connection to such power line (as opposed to a more complex distribution system, such as would be required in an apartment complex or shopping center), then no further certification is necessary.

(2)

If the use is a subdivision or is not located on a lot served by an existing telephone line or a substantial internal distribution system will be necessary, then the telephone utility company must review the proposed plans and certify to the city that it can provide service that is adequate to meet the needs of the proposed use and every lot within the proposed subdivision.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

All electric power lines, (not to include transformers or enclosures containing electrical equipment including, but not limited to, switches, meters or capacitors which may be pad-mounted), telephone, gas distribution, and cable television lines in residential subdivisions, multifamily residential developments and developments in the M-3 (planned industrial) district constructed after the effective date of this chapter shall be placed underground in accordance with the specifications and policies of the respective utility service providers and located in accordance with the city's design standards and construction specifications.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 1379, 2-22-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

Whenever it can reasonably be anticipated that utility facilities constructed in one development will be extended to serve other adjacent or nearby developments, such utility facilities (e.g., water or sewer lines) shall be located and constructed pursuant to the provisions of subsection 35-237(c).

(b)

All utility facilities shall be constructed in such a manner as to minimize interference with pedestrian or vehicular traffic and to facilitate maintenance without undue damage to improvements or facilities located within the development.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Whenever a developer installs or causes to be installed any utility line in any public right-of-way, the developer shall, as soon as practicable after installation is complete, and before acceptance of any water or sewer line, furnish the city with four copies of a drawing that shows the exact location of such utility lines. Such drawings must be verified as accurate by the utility service provider. Compliance with this requirement shall be a condition of the continued validity of the permit authorizing such development.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

Every development (subdivided or unsubdivided) which is served by a public water system shall include a system of fire hydrants sufficient to provide adequate fire protection for the buildings located or intended to be located within such development.

(b)

The presumption established by this chapter is that to satisfy the standard set forth in subsection (a), fire hydrants must be located so that all parts of every building within the development may be served by a hydrant by laying not more than 500 feet of hose connected to such hydrant. However, the fire chief may authorize or require a deviation from this standard if, in his professional opinion, another arrangement more satisfactorily complies with the standard set forth in subsection (a).

(c)

The fire chief shall determine the precise location of all fire hydrants, subject to the other provisions of this section. In general, fire hydrants shall be placed six feet behind the curb line of publicly dedicated streets that have curb and gutter.

(d)

The fire chief shall determine the design standards of all hydrants based on fire flow needs. Unless otherwise specified by the fire chief, all hydrants shall have two and one-half-inch hose connections and one four and one-half-inch hose connection. The four and one-half-inch hose connection shall be located at least 15 inches from the ground level. All hydrant threads shall be national standard threads.

(e)

Water lines that serve hydrants shall be at least six-inch lines, and unless no other practicable alternative is available, no such lines shall be deadend lines.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

Every development that, under the city's solid waste collection policies, is or will be required to provide one or more dumpsters for solid waste collection shall provide sites for such dumpsters that are:

(1)

Located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way; and

(2)

Constructed according to specifications established by the public works director to allow for collection without damage to the development site or the collection vehicle.

(b)

All such dumpsters shall be screened if and to the extent that, in the absence of screening, they would be clearly visible to:

(1)

Persons located within any dwelling unit on a residential property other than that where the dumpster is located.

(2)

Occupants, customers, or other invitees located within any building on nonresidential property other than that where the dumpster is located, unless such other property is used primarily for purposes permitted exclusively in an M-1 or M-2 zoning district.

(3)

Persons traveling on any public street, sidewalk, or other public way.

(c)

When dumpster screening is required under this section, such screening shall be constructed, installed, and located to prevent or remedy the conditions requiring the screening.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)