11.10.010 General Improvements
- Conformance to Applicable Rules and Regulations. In addition to the requirements established herein, all subdivision plats shall comply with the following laws, rules, and regulations.
- all applicable statutory provisions;
- the Town Zoning Ordinance, building and housing codes, and all other applicable laws of the Town;
- the General Plan, Official Street Map, and Capital Facilities Plan of the Town (as may be applicable), including all streets, drainage systems and parks shown on the Official Street Map or General Plan as adopted;
- the special requirements of these regulations and any rules of the Health Department and/or appropriate state agencies;
- the rules of the State Highway Department if the subdivision or any lot contained therein abuts a state highway;
- The Town of Elwood Public Works Standards and Technical Specifications.
- Monuments. The applicant shall place permanent reference monuments in the subdivision as required herein and as approved by the Town Engineer.
- Monuments shall be located on street right-of-way center lines, at street intersections, and at such other points as determined necessary by the Town Engineer.
- All monuments shall be set in an approved ground box as specified in the public works standards for The Town of Elwood.
- All monuments shall be properly set in the ground by the developer and approved by the Town Engineer prior to the time the Town Council grants conditional acceptance of the subdivision.
- Character of the Land. Land which the Planning Commission finds to be unsuitable for subdivision or development due to flooding, wetlands, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements or other such features which will be reasonably harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be laid out or platted or developed unless adequate methods are formulated by the developer and approved by the Planning Commission and Town Council, upon recommendation of the Town Engineer, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve such a danger.
- Soil Conditions. Buildings or structures shall not be situated on soft or unsuitable soils, as determined by the Town Engineer, where there is a high water table, or a site subject to flooding as noted on the Town's Flood Plain Map, or on uncompacted fill in accordance with the Town of Elwood Public Works Standards.
- Subdivision Name. The proposed name of the subdivision shall not duplicate or too closely approximate phonetically the name of any other subdivision in Box Elder County.
11.10.020 Lot Improvements
- Lot Arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning Ordinance and Health Regulations and in providing driveway access to building on such lots from an approved street.
- Lot Dimensions. Lot dimensions shall comply with the minimum standards of the Zoning Ordinance. Where lots are more than double the minimum required area for the zoning district, the Planning Commission may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots, all in compliance with the Zoning Ordinance and these regulations. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless variation from this rule will give a better street to allow for erection of buildings, observing the minimum front-yard and side setbacks from both streets. Depth and width of properties reserved or laid out for business, commercial, or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established in the Zoning Ordinance; all property located within a subdivision shall be included within the boundaries of a road, lot or other improved area such that no parts or parcels of land therein remain unusable.
- Double/Reversed Frontage Lots and Access to Lots.
- Double Frontage Lots. Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from streets or to overcome specific disadvantages of topography and orientation, as determined by the Planning Commission.
- Access from Arterial Streets. Lots should not, in general, derive access exclusively from a Arterial Street. Where driveway access from a primary or secondary arterial street may be necessary for several adjoining lots, the Planning Commission may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such street. Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on Major Streets.
- "R" Lot. All "R" lots shall be clearly identified on the recorded plat and on a recordable instrument in form acceptable to the Town. The instrument shall be recorded in the Office of the Box Elder County Recorder at the time the final plat is recorded in order to provide notice to potential lot purchasers of the existence of limitations imposed upon "R" lot development.
- Flag Lots. The Town of Elwood does not allow flag lots except as permitted by the Town Council in the form of a Variance to the Subdivision Ordinance.
- Debris and Waste. No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish, or other waste materials of any kind shall be buried on any land, or left or deposited on any lot or street at the time of conditional acceptance of the subdivision by the Town Council, and removal of the same shall be required prior to final acceptance by the Town Council.
- Fencing. Each developer shall be required to furnish and install fences wherever the Planning Commission determines that a hazardous condition or incompatibilities in land use may exist on a lot. The fences shall be constructed according to the Town of Elwood Public Works Standards and shall be noted as to height and material on the final construction plans. No certificate of occupancy shall be issued until said fence improvements have been duly installed.
- Staking of Lots. Permanent corner markers shall be placed at all rear lot corners to completely identify the lot boundaries on the ground. Front lot corners shall be identified with permanent reference plugs or nails in the concrete curb. All lot corner markers must be in place prior to the issuance of building permits and after the completion of all subdivision improvements. All lot corners shall be designated in accordance with State/County survey laws.
- Frontage on Freeways or Major Highways: Where a subdivision abuts a Freeway or State Highway, a frontage road may be required by the Land Use Authority, responsible for the Subdivision Application approval.
- General Requirements.
- Frontage on Improved Streets. No subdivision shall be approved unless the area to be laid out and platted shall have frontage on and access from an improved and dedicated Town street, unless the street is an existing state. Wherever the area to be laid out and platted is to utilize existing street frontage, such street shall be fully improved as required by the Public Works Standards unless otherwise provided for by the Town Council. Access to subdivisions must be from an existing, maintained public roadway of sufficient width and improvement to meet minimum requirements for the assurance of public safety as determined by the Town Engineer, Police and Fire Departments.
- Grading and Improvement Plan. Streets shall be graded and improved and conform to the Town of Elwood Public Works Standards and shall be approved as to design and specifications by the Town Engineer, in accordance with the construction plans required to be submitted prior to final plat approval.
- Topography and Arrangement.
- Streets shall be related appropriately to the topography. All streets shall be arranged so as to obtain as many as possible of the building sites at or above the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. At no time shall the grade be greater than 12%. Specific standards are contained in the Public Works Standards of The Town of Elwood.
- All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated rights-of-way established in the Transportation Circulation Plan of the General Plan. Such integration shall take topographical conditions into consideration. The street arrangements shall not cause unnecessary hardship to owners of adjoining property when they plat their own land and seek to provide convenient access to it.
- Half streets proposed along a subdivision boundary or within any part of a subdivision shall not be permitted.
- Standard Residential streets shall approach the Arterial or Collector streets at an angle of not less than ninety (90) degrees.
- All streets shall be properly related to special traffic generators such as industries, business districts, schools, churches, and shopping centers; to population density and to the pattern of existing and proposed land uses
- Local streets shall be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.
- Proposed streets shall be extended to the boundary lines of the subdivision. All streets required to be extended to the boundary lines of the subdivision shall be properly terminated with a temporary turn-around which shall have a minimum radius of fifty (50) feet and shall have a structural section of at least six (6) inches of roadbase on prepared sub-grade and shall have sufficient stability to support snow plows, emergency vehicles, school busses, and trash collection trucks. If the turn-around is to be placed within the limits of the proposed development, it shall be fully improved and dedicated as a Cul-de-sac. If the terminal street extends no more than the length of one lot beyond the intersection, the Town Council may wave the turn-around requirement as stated herein.
- In business and industrial developments, the streets and other access ways shall be planned in connection with the grouping of buildings, and the provision for alleys, truck loading and maneuvering areas, walks, and parking areas so as to minimize conflict or movement between the various types of traffic, including pedestrian.
- All streets in The Town of Elwood subdivisions shall be dedicated to the Town, except that private streets may be approved under special circumstances as determined by the Planning Commission.
- Arterial, Collector and/or local streets shall conform to the width designated on the Transportation Circulation Plan of the General Plan whenever a subdivision falls in an area for which a Master Street Plan has been adopted. For territory where such street plan has not been completed at the time the preliminary plat is submitted to the Planning Commission, Arterial or Collector streets shall be provided as required by the Town of Elwood Public Works Standards.
- Standard Residential Streets shall have a minimum width of sixty (60) feet.
- Cul-de-sacs shall be not longer than six hundred and fifty (650) feet to the beginning of the turn-around, from the centerline of the intersecting street. Each Cul-de-sac must be terminated by a turnaround of not less than fifty five (55) feet radius. If surface water drainage is directed into the turnaround, due to the grade of the street, necessary catch basins and drainage easements shall be provided.
- Utility and drainage easements shall be provided along lot lines of all subdivision lots and at such other locations as deemed necessary and as directed by the Town. The easements shall have a minimum width of ten (10) feet, but may encumber adjoining lots by extending across adjoining lot lines. In some cases, larger size easements may be required as directed by the Town. Proper coordination shall be established between the developer and the applicable utility company for the establishment of utility easements on adjoining properties.
- Standard Street Sections and all proposed streets, whether public or private shall conform to the Street Cross-Section Standards as recommended by the Town Engineer and adopted by the Town Council.
- Streets shall be numbered unless the Planning Commission determines, based upon topography and other like considerations, that streets should be named.
- Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions to this prescribed block width may be permitted in blocks adjacent to major streets, waterways, or topography concerns.
- The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block lengths in residential areas shall not exceed one thousand three hundred twenty (1,320) feet or twelve (12) times the minimum lot width required in the zoning district, whichever is less, nor be less than four hundred (400) feet in length. Wherever practicable, blocks along major streets and collector streets shall be not less than six hundred sixty (660) feet in length.
- In long blocks the Planning Commission may require the reservation of an easement through the block to accommodate utilities, drainage facilities, or pedestrian traffic. Pedestrian ways or crosswalks, not less than six (6) feet wide, may be required by the Planning Commission through the center of blocks more than eight hundred (800) feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, or other community facilities.
- Access to Major Streets. Where a subdivision borders on or contains an existing or proposed major street, the Planning Commission may require that access to such streets be limited by one of the following means:
- The subdivision of lots so as to back onto the street and front onto a parallel local street; no access shall be provided from the street in the rear, and screening shall be provided in a strip of land no less than five (5) feet in width along the rear property line of such lots.
- A marginal access or service road (separated from the street by a planting or grass strip and having access thereto at suitable points).
- Traffic Control Devices and Street Regulatory Signs. All proposed traffic control devices and street regulatory signs shall conform to the standards of the Manual of Uniform Traffic Control Devices (MUTCD). The applicant shall deposit to The Town of Elwood, at the time of final subdivision approval, a sum determined by the Director of Public Works for each sign required by the Town. The Town shall install all street signs before issuance of certificates of occupancy for any residence on the streets approved. Street signs are to be placed at all intersections within or abutting the subdivision, the type and location of which shall be approved by the Town of Elwood Engineer.
- Design Standards.
- General. In order to provide for streets of suitable location, width, and improvement to accommodate prospective traffic and afford satisfactory access to police, fire fighting, snow removal, sanitation, and street maintenance equipment, and to coordinate streets so as to compose a convenient system and avoid undue hardships to adjoining properties, design standards for street sections shall be as outlined in the Town of Elwood Public Works Standards or as otherwise approved by the Town of Elwood Engineer.
- Road Surfacing and Improvements. After pipes, lines and related facilities pertaining to sewer, water, gas, cable TV, electricity, and like utility services, where required, have been installed by the developer, the applicant shall construct curbs and gutters and shall surface or cause to be surfaced roadways to the widths prescribed in these regulations. Said surfacing shall be in accordance with the Town of Elwood Public Works Standards. Adequate provision shall be made for culverts, drains, and bridges. Driveway approaches shall not be installed at the time of placement of curb and gutter unless approval for a building permit has been issued by the Town.
- Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two (2) new streets at an angle of less than ninety (90) degrees shall not be acceptable. An oblique street shall be curved approaching an intersection and should be approximately at right angles for at least one hundred (100) feet therefrom. Not more than two (2) streets shall intersect at any one point unless specifically approved by the Planning Commission
- .Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with center-line offsets of less than one hundred fifty (150) feet shall not be permitted, except where the intersected street has separated dual drives without median breaks at either intersection. Where streets intersect major streets, their alignment shall be continuous. Intersection of major streets shall be at least eight hundred (800) feet apart.
- Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation (including trees) in connection with the grading of the public right-of-way to the extent deemed necessary to provide an adequate sight distance as determined by the Town of Elwood Public Works Department.
- Street Dedications and Reservations
- New Perimeter Streets. Street systems in new subdivisions shall be laid out so as to eliminate or avoid new perimeter half-streets. Where an existing half-street is adjacent to a new subdivision, the other half of the street shall be improved and dedicated by the developer.
- The Town Council, with or without recommendation by the Planning Commission, may authorize a new perimeter street where the developer improves and dedicates the entire required street right-of-way width within his own subdivision boundaries. At the discretion of the Town Council, after recommendation of the Planning Commission, and in accordance with all Town Ordinances, the developer may retain a protection strip of one foot in width between the street and adjacent property. An agreement with the Town, approved by the Town Attorney, shall be made by the developer contracting to dedicate the one foot protection strip free of charge to the Town for street purposes upon payment by the present owners of the contiguous property to the developer of a consideration named in the agreement. Such consideration is to be equal to the cost, at the time of the agreement, of the street improvements, including utility lines properly chargeable to the contiguous property, plus the value of the land from the right-of-way line to the center line of the street at the time of the agreement together with interest computed at the then statutory rate. Interest shall accrue only from the time of agreement until the time of subdivision of such contiguous property or ten years from the date of the agreement whichever is less. All charges to be associated with the protection strip, as well as the interest rate, shall be reviewed and approved by the Town Engineer and shall be recorded as part of the aforementioned agreement. All property owned by the developer shall be included on both preliminary and final plat.
- Where the developer is required to improve the full width of an existing Town owned right-of-way on the perimeter of his subdivisions, the Town Council may enter into a similar agreement as outlined above. In this agreement, the developer will not own a one foot protection strip and the consideration named in the agreement will not include the value of the land or any utilities installed in the right-of-way prior to the agreement. However, the agreement will stipulate that before approval is given to the development on the adjacent property abutting the street, the adjacent property owners will reimburse the aforementioned developer as outlined in the agreement.
- Widening and Realignment of Existing Streets. Where a subdivision borders an existing narrow street or when the General Plan, Official Map, zoning set back regulations or Public Works Standards indicate plans for the realignment or widening of a street that would require use of some of the land in the subdivision, the applicant shall be required to improve and dedicate, at his expense, such areas for widening or realignment of such streets. Such frontage streets shall be improved and dedicated by the applicant at his own expense tothe full width as required by these subdivision regulations. Land reserved for any street purposes may not be counted in satisfying yard or area requirements of the Zoning Ordinance whether the land is to be dedicated to the municipality in fees simple or an easement is granted to the Town.
- Easement Standards:
- All required subdivision utility easements shall follow the rear and side lot lines, where practical, and shall be a minimum total width of twenty (20) feet, apportioned equally between the adjoining lots, parcels, or property.
- When front property line easements are required, a minimum of twenty (20) feet shall be provided. If required, easements for the perimeter of the Subject Property shall not be less than twenty (20) feet in width.
- All required subdivision easements shall be located and designed to provide efficient installation and maintenance of all utilities and subdivision features. Special guying easements at corners may be required. Public utility installations shall be so located to permit multiple installations within all easements. The subdivision’s final grades shall be established prior to any public utility installations.
11.10.040 Drainage and Storm Sewers.
- General Requirements. The Planning Commission shall not recommend for approval any plat of subdivision which does not make adequate provision for storm or flood water runoff channels or basins. The Town Engineer shall make the determination of adequate provision. The storm water drainage system shall be separate and independent of any sanitary sewer system. Storm drainage point-of -discharge from channel or conduit shall be protected from erosion by a suitable structure or lining. Storm sewers, where required, shall be protected from erosion by a suitable structure or lining, with the design and method approved by the Town Engineer. A copy of design computations shall be submitted along with the construction plans. All locations and sizes of storm sewer lines and basins shall be in conformance with the requirements as specified by the Town Engineer.
- Nature of Storm Water Facilities.
- Location. The applicant may be required by the Planning Commission to carry away by pipe or open ditch any spring or surface water that may exist either previously to, or as a result of the subdivision. Such drainage facilities shall be located in the road right-of-way where feasible or in perpetual unobstructed easements of appropriate width and shall be constructed in accordance with the Town of Elwood Public Works Standards and shall be approved by the Town Engineer.
- Accessibility to Public Storm Conduits. Where a public storm conduit is accessible, the applicant shall install storm system facilities, or if no outlets are within a reasonable distance, adequate provision shall be made for the disposal of storm waters, subject to the Town of Elwood Public Works Standards. However, in Commercial Zones, underground storm conduit systems shall be constructed throughout and be conveyed to an approved out-fall. Inspection of facilities shall be conducted by the Town Engineer and Public Works Director.
- Accommodation of Upstream Drainage Areas. A storm conduit line or other drainage facilities shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area given a particular rain event (i.e. 25 year) whether inside or outside the subdivision. The Town Engineer shall determine the necessary size of the facility.
- Effect on Downstream Drainage Areas. The Town Engineer shall also study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Town Council may withhold approval of the subdivision until provision has been made for the improvement of said potential condition in a manner the Town Council shall determine. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.
- Flood Plain Areas. The Town Council may, when it deems it necessary for the health, safety, or welfare of the present and future population of the area and necessary to the conservation of water, drainage, and sanitary facilities, prohibit the subdivision of any portion of the property which lies within the flood plain of any stream or drainage course. These flood plain areas shall be preserved from any and all destruction or damage resulting from clearing, grading, or dumping of earth, waste material, or stumps, except at the discretion of the Planning Commission.
- Dedication of Drainage Easements.
- General Requirements. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse, and of such width and construction or both as will be adequate for the purpose of high flow conveyance.
- Drainage Easements.
- Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed easements at least fifteen (15) feet in width for such drainage facilities shall be provided across the property outside the road lines and with satisfactory access to the road. Easements shall be so indicated on the plat. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities.
- When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat.
- The applicant shall dedicate, either in fee or by drainage or conservation easement, land on both sides of existing watercourses, to a distance to be determined by the Planning Commission. All said easements shall be deemed rights-of-way for lawful municipal purposes.
11.10.050 Subsurface Drainage.
The applicant is required to provide the design and installation of a sub-surface drainage system which meets the Town of Elwood Public Works standards when determined to be necessary by the Town Engineer.
11.10.060 Water Facilities.
- General Requirements.
- The owner/developer of any land proposed to be developed as a subdivision shall at his expense be required to comply with all regulations of the current Town Standards of The Town of Elwood Public Works.
- The developer shall be required to install adequate water facilities, including fire hydrants. All water lines must be extended across the entire frontage of all existing streets and to the boundary of the subdivision on all existing or proposed streets. Main valves and other appurtenances shall be installed in accordance with The Town of Elwood Public Works Standards or as otherwise required by the Town Engineer.
- Fire Hydrants. Fire hydrants shall be required for all subdivisions. Fire hydrants shall be located no more than five hundred (500) feet apart and within two hundred fifty (250) feet of any structure and shall be approved by the Town of Elwood Fire Department. To eliminate future street openings, all underground utilities for fire hydrants, together with the fire hydrants themselves and all other supply improvements, shall be installed before any final paving of a street shown on the subdivision plat.
11.10.070 Secondary Water System.
The applicant is required to provide pressurized secondary water to the subdivision as a condition of approval, provided the design of the system meets with the approval of the Town and the engineer for the secondary water district. If a pressurized irrigation system is not available to the subdivision, the developer will need to provide sufficient water rights (as determined by the Town) to each lot, prior to recordation.
11.10.080 Sewerage Facilities.
General Requirements. The applicant shall install sanitary sewer facilities in a manner prescribed by the
Town of Elwood Public Works Standards and the Bear River Health Department. Sanitary sewerage facilities shall connect with public sanitary sewerage systems, if available within three hundred (300) feet. Sewers shall be installed to serve each lot and to grades and sizes required by the State of Utah's Department of Environmental Quality. All sewer lines must be extended across the entire frontage of all existing streets and to the boundary of the subdivision (if applicable) on all existing or proposed Town streets unless determined otherwise by the Town.
Sidewalks shall be required for reasons of safety and public welfare. The Town of Elwood will not waive sidewalk requirements on state highways unless the Utah State Department of Transportation has waived the sidewalk requirement.
11.10.100 Curb and Gutter.
Curb and gutter shall be installed on existing and proposed streets by the subdivider, where in the opinion of the Planning Commission and the Town Council they will be necessary to remove surface water to promote safety or other justifiable reasons as determined by the Planning Commission or Town Council. Curb and Gutter shall be installed by the subdivider in subdivisions along the abutting Utah State Highways if required by Utah State Department of Transportation.
Location. The applicant is required to provide for the installation of all utility facilities, including but not
limited to gas, electric power, telephone, and CATV cables, which shall be located underground through the subdivision. Wherever existing utility facilities are located above ground, except where existing on public roads and rights -of-way, developer shall cause facilities to be removed and placed underground upon request by the Town. Underground service connections to the street property line of each platted lot shall be installed at the developer’s expense. Buried electrical transformers shall be located as to avoid all drainage channels or flooding due to final grade.
11.10.120 Public Uses.
- Recreation Sites. Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, or for other recreation purposes, and shall be relatively level and dry; and shall be improved by the developer to the standards required by the Town Council, which improvements shall be included in the performance bond or escrow. All land to be reserved for dedication to the Town for park purposes shall have prior approval of the Town Council and shall be shown marked on the plat "Reserved for Park and/or Recreation Purpose."
- Other Recreation Reservations. The provisions of this section are minimum standards. None of the paragraphs above shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section
- Other Public Uses.
- Plat to Provide for Public Uses. Except when an applicant utilizes planned unit development or density zoning in which land is set aside by the developer as required by the provision of the Zoning Ordinance, whenever the subdivision includes a school, recreation use or other public use as indicated on the General Plan or any portion thereof, such space shall be suitably incorporated by the applicant into his preliminary plan. After proper determination of its necessity by the Planning Commission and the appropriate Town Officials or other public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the applicant into the final plats.
- Referral to Public Body. The Planning Commission shall refer the plat to the public body concerned with acquisition for its consideration and report. The Planning Commission may propose alternate areas for such acquisitions and shall allow the public body or agency thirty (30) days for reply. The agency's recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition.
- Notice of Property Owner. Upon receipt of an affirmative report, the Planning Commission shall notify the property owner and shall designate on the preliminary and final plats that area proposed to be acquired by the public body.
- Duration of Land Reservation. The acquisition of land reserved by a public agency on the final plat shall be initiated within twelve (12) months of notification, in writing, from the owner that he intends to develop the land. Such letter of intent shall be accompanied by a plat of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed twelve (12) months shall result in the removal of the "reserved" designation from the property involved and the freeing of the property for development in accordance with these regulations.
11.10.130 Irrigation Water.
- No open irrigation or drainage ditches shall be permitted within the boundary of a subdivision. All necessary irrigation ditches, whether used for the purpose of transporting irrigation or waste flow water, that must be maintained within a subdivision shall be replaced with a pipe culvert. This pipe culvert shall be at least eighteen (18) inch diameter concrete pipe and be of satisfactory size and design to satisfy the irrigation company. The developer of a subdivision must provide for maintaining the existing rights of all irrigation users, both upstream and downstream of the proposed development.
- A solid board, chain-link, or other non-climbable fence not less than 6 feet in height shall be installed on the side of an existing open canal, irrigation or drainage ditch adjacent to (within 5 feet of the subdivision boundary to nearest centerline) the subdivision, and which is not piped in accordance with the foregoing section. Like fencing shall be constructed where the subdivision borders upon open reservoirs, non-access streets, and adjoining schools, churches, and park sites, except where the Town Council determines that said areas shall remain open and unfenced. All such fences shall be maintained and kept in good repair by the owner of property contiguous to or upon which said fence is erected.
11.10.140 Preservation of Natural Features and Amenities.
- General. Existing features which would add value to a residential development or to the Town as a whole, such as trees, historic spots, and similar irreplaceable assets, are encouraged to be preserved in the design of the subdivision. Such existing features shall not be removed from any subdivision nor any change of grade of the land affected until approval of the preliminary plan has been granted.
- Water Rights. All water or water rights used upon, appurtenant to or running with any land located within a proposed subdivision shall be offered to the Town for purchase at the market value existing at the time the preliminary plan is submitted for approval.
11.10.150 Non-Residential Subdivision.
- General. If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision with respect to such land shall make such provisions as the Planning Commission may require. A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in the Zoning Ordinance. Site plan approval and nonresidential subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Planning Commission, and shall conform to the proposed land use and standards established in the General Plan, Official Map, and Zoning Ordinance.
- Standards. In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the Commission that the street, parcel, and block pattern proposed are specifically adapted to the uses anticipated and take into account other uses in the vicinity. The following principles and standards shall be observed:
- Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.
- Street right-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.
- Special requirements may be imposed by the Town with respect to street, curb, gutter, and sidewalk design and construction.
- Special requirements may be imposed by the Town with respect to the installation of public utilities, including but not limited to, water, sewer, and storm water drainage.
- Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing upon existing or potential residential development and provisions for a fence or other barrier, or a permanently landscaped buffer strip, when necessary.
- Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas