(a)

Connection to the public water and/or sewer systems shall be required, as described in chapter 86 of the City of Walker Code of Ordinances, for all new construction of principal buildings when public water and/or sewer is available at the site, as determined by the city engineer. Consistent with chapter 86, the city commission may waive this requirement upon determination that compliance with it represents an "unreasonable hardship" for the owner.

(b)

In the following zoning districts, connection to the public water and sewer system shall be provided in order to develop any lot under the standards of that district as written in this chapter. If public water and/or sewer are not available to the site, as determined by the city engineer, they must be extended, at the developer's cost, in order to develop the site under the standards of the district as written. If public water and sewer are not available and not extended, then the provisions of the districts listed below shall apply, instead of the provisions of the district as written.

(1)

Lots without public water and sewer in the SA, A, and A-2 districts shall be treated as if they are within the S district, and required to abide by the standards of the S district, including both permitted uses and dimensional requirements.

(2)

Lots without public water and sewer in the ARM, C-1, C-2, I-1, I-2, ORP, and RMT districts shall be treated as if they are within the AA district, and required to abide by the standards of the AA district, including both permitted uses and dimensional requirements.

(3)

No lot within any overlay district shall be developed without being connected to public water and sewer.

(4)

Community drain fields are prohibited within the City of Walker.

(5)

The P-SP district's requirements shall be the same regardless of whether public water and sewer is available. However, if public water and sewer are available, they must be connected to the site.

(c)

All utilities must be complete and installed prior to the issuance of a certificate of occupancy for any development. This shall include all private utilities in public rights-of-way, including, but not limited to, communications, electricity, and heating fuel.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

(a)

Grading certification. Grading certification is required for all new construction, except the construction of single-family homes or duplexes. If a site is required to receive a stormwater permit or soil erosion and sediment control permit, as determined by chapters 34 and 67 of the Walker Municipal Code, a grading plan, signed and sealed by a professional engineer, must be submitted for review by the city engineer. Following construction, a certification must be submitted, signed and sealed by the same professional engineer, stating that all grading for the site is in compliance with the approved grading plan.

(b)

Stormwater design for all new construction, and all improvements requiring site plan approval under this chapter, must meet the requirements of chapters 18 and 67 of the Walker Code of Ordinances, including, but not limited to, the following minimum standards:

(1)

The minimum slope for all open channel drainage swales shall be one percent.

(2)

All lots that do not feature an on-site detention pond, or do not connect to a detention pond on an adjacent or nearby site, must connect to public storm sewer infrastructure.

(3)

All windows and doors must be at least one foot above the 100 year flood elevation as determined by the design engineer or the most recent FEMA flood hazard maps.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

(a)

Intent. The intent of this section is to ensure the orderly development of the City of Walker's street network by requiring specific standards to be met in all developments that include the construction of new roadways. These standards, are essential to minimize traffic congestion, promote safety, and ensure an efficient transportation network for the city.

(b)

Construction requirements. All newly constructed roads, sidewalks, pathways, and other easements to be traversed by the general public, whether publicly or privately owned, must meet all construction requirements of the Walker Construction Standards for Public Right-of-way and Easements, as amended.

(c)

Street names. All proposed public streets which, if extended in either direction, would align or nearly align with another street already existing and named must bear the same name. Duplication of proposed subdivision and street names with those already existing in the county will not be permitted.

(d)

Overall network requirements. For all developments proposing to construct new roadways, the following shall apply:

(1)

Street plan and profile. A street plan and profile shall be submitted with a site plan review demonstrating compliance with all requirements of the Walker Construction Standards for Public Right-of-way and Easements, as well as all requirements of this section, and shall be signed and sealed by a professional engineer. The street plan and profile must be approved by the city engineer to assess compliance with applicable standards. The street plan and profile shall include the design speed and posted speed for the proposed road, clearly denoted on the first page of the plan set.

(2)

Public roads required. All new roads constructed in the City of Walker shall be public and dedicated to the City of Walker after construction, except when all of the following criteria are met:

a.

The roads in question do not access any nonresidential land uses.

b.

The roads in question access four or fewer dwelling units.

c.

The roads in question are not located within the AA zoning district.

(3)

Public road requirement waiver. The public road requirement may be waived by the planning commission if all of the following circumstances are met. Such waiver shall be discretionary, and the planning commission shall be under no obligation to grant the waiver even if the following are met.

a.

The roads in question must provide access within a single lot that will be subdivided into a site condominium.

b.

A perpetual agreement, approved by the planning commission, the city engineer, and the city attorney, must be put in place to guarantee to perpetual maintenance of the streets and sidewalks, and to guarantee unencumbered public access over the streets and sidewalks in perpetuity.

(4)

Private road design. If permitted under section 94-13.03(c)(2) or (3), private streets shall meet the requirements of the City of Walker Construction Standards for Public Right-of-Way and Easements.

(5)

Required connections.

a.

Existing abutting roadways. All new road networks shall connect to all existing public streets that abut the lot in question, unless the applicant demonstrates to the satisfaction of the planning commission there is a physical, legal, public safety, or environmental preservation reason why a connection is not possible, or why a road connection should be replaced by a nonmotorized pathway connection instead.

b.

Existing stub streets. When a lot is developed, connections must be made to all existing stub streets, rights-of-way, or other access points that connect to the lot in question, unless the applicant demonstrates to the satisfaction of the planning commission there is a physical, legal, public safety, or environmental preservation reason why a connection is not possible, or why a road connection should be replaced by a nonmotorized pathway connection instead.

c.

Creation of new stub streets. For any development that includes the construction of new roadways, stub streets must be built to connect to all property lines that are 300 feet or longer. One stub street is required for every 300 feet of property line, though the minimum distance between stub streets shall only be 150 feet, to give flexibility in design. The planning commission may waive or alter this requirement, including allowing a nonmotorized pathway connection in lieu of a stub street, if the applicant demonstrates to the satisfaction of the planning commission there is a physical, legal, public safety, or environmental preservation reason why a connection is not possible.

(6)

Cul-de-sacs or dead-end streets. Every permanent dead-end street, whether public or private, shall be designed in compliance with the City of Walker Construction Standards for Public Right-of-Way and Easements. The following standards shall apply to developments containing at least 25 housing units or containing nonresidential uses.

a.

Dead-end streets with only one point of entry shall not serve more than 25 dwelling units.

b.

Dead-end streets with only one point of entry may not exceed 800 feet in length.

c.

The maximum number of dwelling units served or the maximum length may be exceeded or extended by the planning commission in order to prevent waste of land.

(7)

Gated communities prohibited. All streets, whether publicly or privately maintained, shall be open and available to the general public for access to the properties served by the street. Streets shall not be barricaded, gated, or blocked in any way to prevent access by the general public.

(8)

Residential blocks. Residential blocks shall be no more than 1,320 feet long, nor less than 336 feet in width, unless review of physical conditions by the planning commission indicates such restrictions to be unfeasible.

(9)

Street intersections. Streets shall intersect one another at right angles or as nearly at right angles as conditions permit. Street jogs with offsets of less than 125 feet shall not be permitted. Wherever more than two streets would coverage at one point, an appropriate design solution must be presented for approval by the city engineer and the planning commission.

(10)

Substandard rights-of-way. Wherever there exists, adjacent to a tract to be subdivided, a dedicated or platted substandard street right-of-way, additional width shall be platted to bring the street right-of-way up to the standards established in the Walker Construction Standards for Public Right-of-way and Easements, provided that the developer shall not be required to dedicate at his expense more than 50 feet to meet the standards established in the Walker Construction Standards for Public Right-of-way and Easements.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

(a)

Sidewalks required. Sidewalks meeting the requirements of the City of Walker Construction Standards for Public Rights-of-Way and Easement shall be installed along the street frontage of a property whenever a site plan approval is required under this chapter. Sidewalks shall also be installed along both sides of all new roadways constructed in the City of Walker.

(b)

Waiver process. The planning commission may waive the requirements of subsection (a) based on the following criteria:

(1)

There is a legal, physical, or environmental impediment that makes the construction of a sidewalk meeting the city's design standards impossible, in the opinion of the planning commission.

(2)

The granting of the waiver would not be detrimental to the public health, safety, or general welfare and would not create a precedent which would prevent the enforcement of the ordinance for similar conditions or situations in the area in which the property is located.

(3)

A waiver not limited by a specific duration shall be deemed unspecified in length, but shall not be considered a permanent waiver of sidewalk requirements nor revoke in any way the right of the city to order, install, or assess for sidewalks in accordance with other sections of the Code of Ordinances upon a determination that conditions are necessary for the construction of sidewalk in accordance with public need, health, safety, and general welfare.

(4)

In permitting a waiver, conditions of approval may be imposed that are necessary to meet the intent of this subsection or to preserve the public health, safety, and general welfare.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

(a)

Required open space. For developments that involve the construction of new roads and at least 50 dwelling units, and are not located within an overlay described in article VIII, at least ten percent of the land proposed for development under the provisions of this article shall remain in a perpetually undeveloped state by means of a conservation easement, plat dedication, restrictive covenant, or other legal instrument that runs with the land, as approved by the city attorney. The following areas shall not constitute open space:

(1)

The area within all public street rights-of-way.

(2)

The area within all private street easements.

(3)

Any easement for overhead utility lines, unless adjacent to open space.

(4)

The area within a platted lot or site condominium unit—i.e. front, side or rear yards of individual homes.

(5)

Off-street parking areas.

(6)

Detention and retention ponds.

(b)

Exemption for nearby public parks. Developments that are within 1,000 feet, measured lot line to lot line, of a public park operated by the city, county, or state shall be exempt from this requirement.

(c)

Standards for open space. The following standards shall apply to the open space required pursuant to this article:

(1)

The open space may include a recreational trail, picnic area, children's play area, greenway, linear park, or other use which, as determined by the planning commission, is substantially similar to these uses.

(2)

The open space shall be available for all residents of the development, subject to reasonable rules and regulations. The open space may be, but is not required to be, dedicated to the use of the public.

(3)

If the land contains a lake, stream, or other body of water, the planning commission may require that a portion of the open space abut the body of water.

(4)

A portion of the open space shall be reasonably usable by the residents of the land for passive recreational uses such as hiking or picnicking.

(5)

Open space shall be located so as to be reasonably accessible to the residents of the clustered development. Safe and convenient pedestrian access points to the open space from the interior of the clustered development shall be provided.

(6)

Open space shall be located so as to preserve significant natural resources, natural features, scenic or wooded conditions, bodies of water, wetlands, or agricultural land.

(7)

The open space shall be maintained by the homeowner's association and/or property management company. Maintenance shall not be the responsibility of the city.

(d)

Use of open space. All dwelling units and other structures and improvements shall be located outside that portion of the land designated as open space. However, the planning commission, in its discretion, may permit structures or improvements to be located in the open space if the structures and/or improvements would be consistent with the designated purpose of the open space. By way of example only, park or playground equipment could be permitted on open space designated for recreational use.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)