6.00.01.

Purpose. The purpose of this article is to provide development design and improvement standards applicable to all development activity within the town.

6.00.02.

Responsibility for improvements. Unless otherwise specifically provided, all improvement required by this article shall be designed, installed, and paid for by the developer.

6.00.03.

Principles of development design. The provisions of this article are intended to ensure functional and attractive development. Development design shall first take into account the protection of natural resources as prescribed in article V of this LDC. All development shall be designed to avoid unnecessary impervious surface cover; to provide adequate access to lots and sites; and to avoid adverse effects of shadow, glare, noise, odor, traffic, drainage, and utilities on surrounding properties.

(Ord. No. 94-112, exh. A(6.00), 1-18-1994; Ord. No. 00-136, exh. B(6.00), 1-11-2001)

6.01.01.

Generally. The table at subsection 6.01.02 contains the basic dimensional requirements for all development regulated by this LDC, subject to the following:

a.

Supplemental regulations. Supplemental requirements are contained in section 2.03 of this LDC.

b.

Exceptions to height regulations. The height restrictions contained herein do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above roof level and not intended for human occupancy.

c.

Multiple use of required space prohibited. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this LDC, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

d.

Reduction of lot area prohibited. No yard or lot existing at the time of passage of this LDC shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the passage of this LDC shall meet at least the minimum requirements established by this LDC.

6.01.02.

Dimensional requirements table.

¹ ;sz=9.5q; Plus 4,000 sq. ft. for each dwelling unit in excess of three.

(Ord. No. 94-112, exh. A(6.01), 1-18-1994; Ord. No. 00-136, exh. B(6.01), 1-11-2001; Ord. No. 2010-175, 4-8-2010)

For the purpose of this section, the term "subdivision" means the division of any tract of land, as it existed when it became a part of the town, into any three or more lots, sites, or parcels, any one of which contains two acres or less in area. The sale or exchange of land to or between adjoining property owners, where such sale or exchange does not create additional lots, shall not be considered a subdivision of land. When a new subdivision is created in the town, the developer shall be responsible for providing roads, water mains, and any required sewers within the subdivision. The developer shall be responsible for roads within a subdivision for one year from the date of construction, at which time the roads may be transferred to the town upon the approval of the town council. Within the subdivision, the individual property owner shall pay for installation of water meters at a rate determined by the town council. Subdivision developers are also responsible for complying with regulations from the state, regional, and county authorities and from the St. Johns water management district.

(Ord. No. 94-112, exh. A(6.02), 1-18-1994; Ord. No. 00-136, exh. B(6.02), 1-11-2001)

6.03.01.

Official street maps. Figure 3-1 (town existing transportation circulation), and figure 3-2 (town future transportation circulation) of the town comprehensive plan, and any amendments thereto, are hereby made a part of this LDC. These maps shall be the basis for all decisions regarding required road improvements, reservation or dedication of rights-of-way for required road improvements, or access of proposed uses to existing or proposed roadways.

6.03.02.

Rights-of-way.

a.

Future rights-of-way. Where roadway construction, improvements, or reconstruction is not required to serve the needs of the proposed development project, future rights-of-way shall nevertheless be reserved for future use. No part of the reserved area shall be used to satisfy minimum requirements of this LDC.

b.

Protection and use of rights-of-way.

1.

No encroachment shall be permitted into existing rights-of-way, except for temporary use authorized by the town.

2.

Use of the right-of-way for public or private utilities including, but not limited to, sanitary sewer, potable water, telephone wires, cable TV wires, or electricity transmission, shall be allowed by the town subject to placement specifications and other applicable town regulations and payment of franchise fees to the town.

6.03.03.

Access to lots.

a.

Access to nonresidential uses shall not be through an area designed, approved, or developed for residential use.

b.

All lots in a proposed residential subdivision shall have frontage on and access from an existing street.

c.

Access to all lots in a proposed residential subdivision shall be by way of a residential access or residential subcollector street.

d.

Access points on state roads must be in conformance with chapter F.A.C. chs. 14-96 and 14-97.

e.

The separation between access points onto arterial and collector roadways, or between an access point and an intersection of an arterial or collector with another road, shall be as follows. Access points on county roads shall be subject to the following restrictions:

1.

One access point for ingress and egress purposes shall be allowed to any single property or development.

2.

Two access points shall be allowed if the distance between the two access points exceeds 20 feet.

3.

Three access points shall be allowed if the minimum distance between the third access point and both other access points is at least 100 feet.

4.

More than three access points shall be allowed where a minimum distance of 1,000 feet is maintained between each additional access point and all other access points.

(Ord. No. 94-112, exh. A(6.03), 1-18-1994; Ord. No. 00-136, exh. B(6.03), 1-11-2001)

6.04.01.

Off-street parking required. Every building, use or structure instituted or erected after the effective date of the ordinance from which this article is derived shall be provided with offstreet parking and loading facilities for the use of occupants, employees, patrons, or visitors in accordance with this section. such offstreet parking shall be maintained and continued as an accessory use as long as the principal use or structure is continued. It shall be unlawful for the owner or operator of any building, structure, or use affected by this article to discontinue, change or dispense with, or to cause the discontinuance or reduction of the required parking facilities apart from the discontinuance, sale, or transfer of such principal structure or use, without establishing alternate parking facilities which meet the requirements of this article. It shall be unlawful for any person, firm, or corporation to utilize such principal building, structure, or use without providing the off-street parking facilities required by this article.

6.04.02.

Location, character, and size of required off-street parking facilities.

a.

The off-street parking facilities required by this section shall be located on the same lot or parcel of land as the use or structure they are intended to serve, or not more than 300 feet therefrom.

b.

Each parking space required and provided pursuant to the provisions of this section shall be not less than ten feet in width and 18 feet in length.

c.

Each parking space shall be directly accessible from a street or alley, or from an adequate aisle or driveway leading to a street or alley. Access alleys or driveways shall be of sufficient size to permit convenient maneuvering of vehicles, and each space shall be accessible without driving over or through any other parking space. No vehicle shall have to back into a town street or avenue, except for one-family and two-family dwellings.

d.

All required off-street parking facilities shall be arranged for convenient access and safety of pedestrians and vehicles. For nonresidential uses and structures in the C-1 community business district, aisles or driveways shall be placed so that vehicles enter and exit the required off-street parking facilities from either U.S. 441 or from roads running east and west, i.e., avenues. Vehicles shall not enter or exit such required off-street parking facilities from roads running north and south, i.e., streets, with the exception of U.S. 441, in order to preserve the character of surrounding residential neighborhoods.

e.

The required off-street parking facilities shall be identified as to purpose and location when such purpose and location is not clearly evident from a road or alley.

f.

Required off-street parking facilities, including access alleys and driveways, shall be surfaced with a hard, dustless material and maintained in good condition.

g.

All required off-street parking facilities shall be drained so as not to cause any nuisance to adjacent or public property, and all lighting thereon shall be so arranged and designed as to prevent and glare or excessive light on adjacent property.

h.

In addition to the foregoing, all off-street parking facilities shall comply with the town public works manual.

i.

Every application for a building permit for any use or structure required to provide offstreet parking facilities shall include a plan clearly and accurately designating the required parking spaces, access aisles and driveways, and the relation of such items to the uses or structures these off-street parking facilities are designed to serve.

6.04.03.

Minimum amount of off-street parking required. The off-street parking required by this section shall be provided and maintained on the basis of the following minimum requirements:

a.

Dwellings, single-family site-built, manufactured homes, andmobile homes. One parking space for each dwelling unit.

b.

Dwellings, two-family andmultiple-family. One parking space for each dwelling unit.

c.

Mobile home parks, travel trailer parks andcamps, motels, cabins, etc. One parking space for each site or guest room.

d.

Theaters andother places orassembly having fixed seats. One parking space for each five seats

e.

Places of public assembly, including the community center, assembly halls, andlibraries. One parking space for each seven seats or one parking space for each 200 square feet of gross floor area used by the guests, patrons or other occupants, whichever is greater.

f.

Houses of worship. One parking space for each eight seats in auditorium, exclusive of Sunday school classrooms.

g.

Medical, dental, chiropractic, etc. clinics in separate buildings. Three parking spaces for each doctor or other health service professional.

h.

Business, professional, andgovernmental offices. One parking space for each 600 square feet of floor area.

i.

Retail establishments and personal service shops. One parking space for each 400 square feet of floor area.

j.

Restaurants, etc. One parking space for each four seats for customer service.

k.

Warehouse and storage buildings. One parking space for each 600 feet of floor area.

l.

Uses not specifically mentioned. It is the intent of this article to require off-street parking for all uses, thus requirements for uses not specifically mentioned shall be the same as for the use most similar to the one proposed.

m.

Regulations. In determining the number of off-street parking spaces required by this article, the following regulations shall apply:

1.

When measurement to determine required off-street parking results in requirement of a fractional space, any fraction greater than one-half shall require a full off-street parking space.

2.

In the case of mixed uses, the total requirements for off-street parking shall be computed separately for each use and off-street parking required for one use shall not be considered as required off-street parking for another use.

3.

For the purposes of this section, floor area shall mean gross floor area inside the exterior walls.

4.

In houses of worship and other places of assembly utilizing pews, each 20 lineal inches of such seating facilities or major fraction thereof shall be considered one seat for the purposes of this section.

5.

Irrespective of other requirements of this section, each separate and individual store, office, or other business shall be provided with at least one off-street parking space.

6.04.04.

Combined off-street parking. Nothing in this section shall be construed to prevent joint provision or use of off-street parking facilities by two or more buildings or uses, or two or more owners or operators, provided that the total of spaces provided in such combined parking facilities shall not be less than the sum of the requirements of the several individual uses or buildings, computed separately in accordance with this article.

6.04.05.

Nonconforming uses. Where major repairs, alterations, or extensions of use are to be made in a building occupied by a nonconforming use, no such repairs, alterations, or extensions shall be permitted, unless and until the off-street parking requirements of this section, for a new use of the type involved, are applied to the existing use and off-street parking facilities are fully provided for.

6.04.06.

Off-street loading facilities.

On the same tract with every structure or use hereafter erected or instituted, there shall be provided and maintained adequate space for loading and unloading of materials, goods, or things for delivery or shipment, so that vehicles engaged in these activities will not encroach on or interfere with public use of streets and alleys by vehicles and pedestrians.

Where any structure is enlarged or any use is extended so that the size of the resulting occupancy comes within the scope of these provisions, the full amount of off-street loading space required shall be supplied and maintained.

For the purposes of this section, an off-street loading space shall be considered to be an area at least ten feet wide by 30 feet long with 12 feet vertical clearance. Each required off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street parking or loading space and shall also be accessible from the interior of the building to be served. No required off-street loading space shall occupy any required off-street parking spaces.

a.

Off-street loading spaces shall be required as follows:

1.

For all commercial and warehouse uses:

2.

For each assembly hall, motel, office building, or similar use which has a gross floor area of: over 10,000 square feet to 40,000 square feet, one space; plus for each additional 60,000 square feet or major fraction thereof over the original 40,000 square feet, one additional space.

b.

Off-street loading facilities required to meet the needs of one use shall not be considered as meeting the needs of any other use.

c.

Nothing in this section shall be construed to prevent the joint or collective provision of off-street loading facilities for two or more uses or buildings, provided the requirements of this section are fulfilled.

d.

Off-street loading facilities shall be plainly marked on applications for permits and shall be maintained at all times as off-street loading areas.

e.

The required off-street loading facilities shall be identified as to purpose and location when such purpose and location is not clearly evident from a road or alley.

(Ord. No. 94-112, exh. A(6.04), 1-18-1994; Ord. No. 00-136, exh. B(6.04), 1-11-2001)

All development shall provide for adequate drainage and stormwater management. Compliance with the stormwater management requirements of the St. John's river water management district, F.A.C. chs. 40C-4 and 40C-40, shall constitute compliance with this provision and with the provisions of the town's comprehensive plan which relate to stormwater management.

(Ord. No. 94-112, exh. A(6.05), 1-18-1994; Ord. No. 00-136, exh. B(6.05), 1-11-2001)

6.06.01.

Intent. The provisions of this section shall govern the number, sizes, location, and characteristics of all signs which may be permitted as a main or accessory use under the terms of this article. No sign shall be permitted or erected in any location, either as a main or an accessory use, except in accordance with the provisions of this section. These regulations are intended to:

(1)

Minimize distractions to motorists and prevent interference with traffic safety; and

(2)

Preserve the town's scenic and aesthetic characteristics.

6.06.02.

General regulations. The following regulations shall apply to all signs:

a.

The surface area of a sign shall be calculated as including the entire area within a regular geometric form or combinations of geometric forms comprising all the display area of the sign and including all the elements of the matter displayed.

b.

Frames and structural members not bearing advertising matter shall not be included in the computation of the surface area.

c.

All signs shall be located so as not to block or obstruct the view from any vehicle entering or leaving the premises on which the sign is located and shall not obstruct the view from any vehicle using streets adjacent to the property on which such sign is located.

d.

Any wood framing used for signs shall be of treated material. All wood material under the surface of the ground shall be pressure treated.

e.

All advertising signs shall be constructed according to the towns' construction code standards.

f.

When the back of any sign is visible from any point outside the property on which the sign is located, the back of such sign shall be painted or shall be treated with material suitable for the preservation of the appearance of such sign.

g.

All signs shall be maintained in good repair. Standards for good repair shall include:

1.

Paint shall not be peeling or flaked;

2.

The sign shall at all times be legible from a distance of 100 feet; and

3.

Signs shall be kept in a vertical, upright position at all times.

6.06.03.

Prohibited signs. It shall be a violation of these zoning regulations to erect or maintain:

a.

Any sign which constitutes a traffic hazard or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination;

b.

Any sign erected in such a manner as to obstruct the view of pedestrians;

c.

Any sign using the words "stop," "look," "danger," or any other word, phrase, symbol, or character in such a manner as to confuse, mislead, or interfere with traffic;

d.

Signs which are harmful to minors as defined herein;

e.

Signs located so as to prevent free ingress and egress from any door, window, or fire escape;

f.

Off-site advertising signs, except as specifically permitted by this section.

6.06.04.

Signs permitted in AC, R-1, R-2, and R-4 districts. Subject to the other provisions of this section, the following signs may be erected in the AC, R-1, R-2, and R-4 districts:

a.

One nonilluminated real estate sign, not to exceed six square feet in area, advertising the sale or rental of the premises upon which it is located.

b.

Bulletin boards for public, charitable, or religious institutions located on the premises of such institution and not exceeding twelve square feet in area.

c.

Nonilluminated signs, not exceeding 20 square feet in area, identifying the architect, engineer, contractor, or subcontractor on the premises of work in progress.

d.

Nonilluminated signs, not exceeding two square feet in area, to prohibit trespassing, for safety, or for caution.

e.

One nonilluminated sign, not exceeding two square feet in area, denoting only the name, address, and business of the occupant of a commercial building, dwelling unit, or public institution.

f.

Flags and insignia of any government, when not displayed in connection with any commercial promotion.

g.

One nonilluminated sign, not exceeding two square feet in area, for purposes of identification at the entrance of a residence, estate, or farm.

h.

On permitted nonresidential uses, other than accessory uses, one sign for purposes of identification, not exceeding 20 square feet in area. Such sign may be either a ground sign or a wall sign.

6.06.05.

Signs permitted in R-3 districts. Subject to the other provisions of this section, the following signs may be erected in R-3 districts:

a.

Signs as permitted in R-1 districts;

b.

One nonilluminated ground or wall sign, not exceeding 16 square feet in area, on a multiple-family or two-family dwelling for purposes of identification.

6.06.06.

Signs permitted in C-1, C-2, And MHP districts. Subject to the other provisions of this section, the following signs may be erected in C-1, C-2, and MHP districts:

a.

Signs as permitted in the R-1 district;

b.

On permitted or permissible nonresidential uses, two on-site signs, each of which shall not exceed 40 square feet in area, for the purpose of advertising.

c.

One off-site sign, which shall not exceed 40 square feet in area, however such off-site sign shall not be permitted on property upon which on-site signs are displayed for the purpose of advertising.

6.06.07.

Signs permitted in the GU district. Only signs approved by town council via a resolution may be erected in GU districts. Such signage is not subject to the other provisions of this section.

6.06.08.

Noncommercial content of signs. The commercial message allowed on any sign authorized by this section may be replaced with any noncommercial message so long as it is not harmful to minors as defined herein.

6.06.09.

Signs permitted in the historic preservation/conservation district. Subject to the other provisions of this section, only signs issued a certificate of appropriateness by the McIntosh Preservation Board may be erected in the historic preservation/conservation district.

6.06.10.

Signs permitted on property owned by the Town of McIntosh. Only signs approved by town council via a resolution may be erected on property owned by the Town of McIntosh. Such property shall include public rights-of-way and easements owned by the Town of McIntosh. Such signage is not subject to the other provisions of this section.

(Ord. No. 94-112, exh. A(6.06), 1-18-1994; Ord. No. 00-136, exh. B(6.06), 1-11-2001; Ord. No. 2011-183, §§ 1—3, 12-8-2011)

6.07.01.

Exemption. Lots or parcels of land on which a single-family home is used as a residence shall be exempt from all provisions of these landscaping regulations.

6.07.02.

Required landscaping.

a.

Vehicle use areas—Perimeter requirements.

1.

Perimeter landscaped area. All vehicular use areas shall be separated by a perimeter landscaped area, a minimum of nine feet in width, from any public right-of-way and from any boundary of the property on which the vehicular use area is located.

2.

Exceptions. This landscape area is not required:

(a)

When the paved ground surface area is completely screened from adjacent properties or public rights-of-way by intervening buildings or structures; or

(b)

When an agreement to operate abutting properties as essentially one contiguous parking facility is in force. The agreement shall be executed by the owners of the abutting properties, and shall bind their successors, heirs and assigns. Prior to the issuance of any building permit for any site having such a contiguous parking facility, the agreement shall be recorded in the public records of county; or

(c)

When the paved area is at least 150 feet from the nearest property line; or

(d)

When the required landscape strip would be in conflict with utility installations, and such conflicts cannot be resolved, such areas may be reduced to five feet and planted with shrubs and such understory trees as may be acceptable to the utility.

3.

Location of perimeter landscape area. The landscape area shall commence within five feet of the paved surface area, except that when a grass parking area is provided the landscaped strip may be located around such area. Where the perimeter landscape area and a required buffer strip overlap, the more stringent requirements shall be applied, except that the street buffer requirements shall be applied to street frontages not to exceed 300 feet for properties in use for auto sales. Perimeter buffering shall be required for all properties in use for auto sales. Perimeter buffering shall be required for all storage, accessory service and customer parking areas at any auto sales facility.

4.

Administrative offical determination. The administrative official may determine the following:

a.

That screening is better achieved by relocation of the landscape strip;

b.

There is an unresolvable conflict between other elements of the development plan and the location, width or height of the perimeter landscape area, and that the public interest is therefore best served by relocation of the landscape area, lowering the height of required material or the substitution of a solid fence or wall in conjunction with a reduction in width; or

c.

That the screening would only serve to emphasize a long driveway that would otherwise be unobtrusive.

5.

Required plant material. The perimeter landscape area shall contain:

a.

Shrubs, arranged to provide a visual screen of 75 percent opacity and achieve a height of at least three feet within three years;

b.

At least one shade tree, planted for each 50 linear feet, or part thereof, of the boundary of the vehicular use area. The distance between such trees shall not exceed 55 feet.

c.

The administrative official during development plan review, may determine that natural vegetation is sufficient to screen adjacent properties and rights-of-way. In such instance the existing vegetation, including understory plants and bushes within the required landscaped area shall be protected from pruning and removal, except that diseased plant material and invasive nonnative species may be replaced in accordance with this section.

b.

Same—Shading requirement. Trees shall be planted to produce shading that will within 15 years of planting, produce shading such that 50 percent of the paved area receives shade.

c.

Required landscaped buffer.

1.

A landscaped buffer is a landscaped strip along parcel boundaries that serves as a buffer between incompatible zoning districts, as an attractive boundary of the parcel or use, or as both a buffer and attractive boundary. This shall not be interpreted to mean that parcels within a planned mixed use development must meet these requirements.

2.

Where required, a landscaped buffer of hardy shrubs not less than five feet in height at planting, or a masonry or wood opaque wall of good quality and design not less than five feet in height, shall be planted or constructed along the property line abutting the incompatible use.

3.

Landscaped buffers shall be required between incompatible zoning districts as indicated in the following table where an X indicates that the landscaped buffer is required and an NR indicates that the landscaped buffer is not required:

d.

Street trees.

1.

The developer shall plant, within five feet of the right-of-way of each street within a residential development, one shade tree for every 50 linear feet of right-of-way. Except where property on one side of the right-of-way is not owned by the developer, the trees shall be planted alternatively on either side of the street. Existing trees and native tree species that need less water and maintenance are preferred. See section 5.08 of this LDC for tree protection requirements.

2.

Trees planted pursuant to this section shall be selected from the approved list of canopy trees as provided in the town public works manual and shall have a minimum overall height of ten to 12 feet at the time of planting. Existing trees and native tree species that need less water and maintenance are preferred.

e.

Use of required areas. No accessory structures, garbage or trash collection points or receptacles, parking, or any other functional use contrary to the intent and purpose of this LDC shall be permitted in a required landscape area. This does not prohibit the combining of compatible functions such as landscaping and drainage facilities.

6.07.03.

Landscape design and materials.

a.

Design principles. All landscaped areas required by this LDC should conform to the following general design principles:

1.

Landscaping should integrate the proposed development into existing site features through consideration of existing topography, hydrology, soils and vegetation.

2.

The functional elements of the development plan, particularly the drainage systems and internal circulation systems for vehicles and pedestrians, should be integrated into the landscaping plan.

3.

Landscaping should be used to minimize potential erosion through the use of ground covers or any other type of landscape material that aids in soil stabilization.

4.

Existing native vegetation should be preserved and used to meet landscaping requirements. See section 5.08 of this LDC for tree protection requirements.

5.

Landscaping should enhance the visual environment through the use of materials that achieve variety with respect to seasonal changes, species of living material selected, textures, colors and size at maturity.

6.

Landscaping design should consider the aesthetic and functional aspects of vegetation, both when initially installed and when the vegetation has reached maturity. Newly installed plants should be placed at intervals appropriate to the size of the plant at maturity, and the design should use shortterm-and longterm elements to satisfy the general design principles of this section over time.

7.

Landscaping should enhance public safety and minimize nuisances.

8.

Landscaping should be used to provide windbreaks, channel wind and increase ventilation.

9.

Landscaping should maximize the shading of streets and vehicle use areas.

10.

The selection and placement of landscaping materials should consider the effect on existing or future solar access, of enhancing the use of solar radiation, and of conserving the maximum amount of energy.

No development plan shall be denied solely on the basis of the design principles in this section.

b.

Installation of plants.

1.

All plants shall be healthy and free of diseases and pests, and shall be selected from the list of approved species contained in the town's public works manual.

2.

Plants shall be installed during the period of the year most appropriate for planting the particular species. If compliance with this requires that some or all of the landscaping be planted at a time after the issuance of a certificate of occupancy, the developer shall post a performance bond sufficient to pay the costs of the required, but not yet installed, landscaping before the certificate shall be issued.

3.

Landscaping shall be protected from vehicular and pedestrian encroachment by means of raised planting surfaces, depressed walks, curbs, edges, and the like.

4.

The landscaping shall not interfere, at or before maturity, with power, cable TV, or telephone lines, sewer or water pipes, or any other existing or proposed overhead or underground utility service.

5.

All plants shall be installed according to standards adopted by the town council.

6.

The developer shall provide sufficient soil and water to sustain healthy growth of all plants.

c.

Use of native plants. Forty percent of the total number of individual plants selected from each of the categories of the list of approved species contained in the town's public works manual, canopy, understory, shrub and groundcover, and used to satisfy the requirements of this LDC shall be selected from the list of native species in that category. See section 5.08 of this LDC for tree protection requirements.

d.

Approved plants. All approved canopy and understory trees, shrubs and groundcovers are listed in the town's public works manual.

e.

Prohibited plants. All prohibited plants that shall not be installed as landscape material are listed in the town's public works manual.

f.

Irrigation. All landscaped areas shall be provided with an appropriate irrigation system that conforms to the requirements contained in the town public works manual. If a landscaped area contained primarily species native to the immediate region, or plants acceptable for xeric landscaping, the town may waive the requirement for installation of an irrigation system. Consideration of a waiver of the irrigation requirement shall include, in addition to the area covered by native vegetation, such local conditions as sun or shade, use of fill soil, and depth to water table.

g.

Nonliving materials. Mulches shall be a minimum depth of two inches and plastic surface covers shall not be used.

h.

Maintenance and replacement of plants.

1.

All required plants shall be maintained in a healthy, pest-free condition.

2.

Within six months of a determination by the administrative official that a plant is dead or severely damaged or diseased, the plant shall be replaced by the developer in accordance with the standards specified in this LDC.

(Ord. No. 94-112, exh. A(6.07), 1-18-1994; Ord. No. 00-136, exh. B(6.07), 1-11-2001)

6.08.01.

Requirements for all developments.

a.

Generally. The following basic utilities are required for all developments subject to the criteria listed herein.

b.

Electricity. 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.

c.

Telephone. Every principal use and every lot within a subdivision shall have available to it a telephone service cable adequate to accommodate the reasonable needs of such use and every lot within such subdivision.

d.

Water. Every principal use and every lot within a subdivision shall have central potable water hookup whenever required by the town's comprehensive plan and where the topography permits the connection to a town water or sewer line by running a connecting line no more than 200 feet from the lot to such line.

e.

Illumination. All streets, driveways, sidewalks, bikeways, parking lots and other common areas and facilities in developments shall provide illumination meeting the standards of the town's public works manual.

f.

Fire hydrants. All developments served by a central water system shall include a system of fire hydrants consistent with the standards of the towns' public works manual.

g.

Cable TV. All developments served by cable TV shall be installed in accordance with the towns' public works manual.

6.08.02.

Design standards.

a.

Compliance. All utilities required by this LDC shall meet or exceed the minimum standards contained in the town's public works manual.

b.

Placement of utilities underground.

1.

All electric, telephone, cable TV, and other communication lines, exclusive of transformers or enclosures containing electrical equipment including, but not limited to, switches, meters, or capacitors which may be pad mounted, and gas distribution lines shall be placed underground within easements or dedicated public rights-of-way, installed in accordance with the specifications of the town's public works manual.

2.

Lots abutting existing easements or public rights-of-way where overhead electric, telephone, or cable TV distribution supply lines and service connections have previously been installed may be supplied with such services from the utilities' overhead facilities provided the service connection to the site or lot are placed underground.

3.

Screening of any utility apparatus placed aboveground shall be required.

6.08.03.

Utility easements. When a developer installs or causes the installation of water, sewer, electrical power, telephone, or cable TV 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.

(Ord. No. 94-112, exh. A(6.08), 1-18-1994; Ord. No. 00-136, exh. B(6.08), 1-11-2001)