§ 17.24

(a)

The street and highway design shall conform both in width and alignment to any master plan of streets and highways approved by the town council and right-of-way for any such street or highway indicated on the master plan shall be dedicated.

(b)

The street and highway design shall conform to any proceedings affecting the subdivision, which may have been initiated by other legally constituted bodies of the town, county or state. If a parcel of land to be subdivided includes a portion of the right-of-way to be acquired for a public freeway or parkway, and the town council determines the boundaries of the right-of-way to be acquired, the subdivider shall either dedicate or withhold from a subdivision all the area included in such right-of-way.

(Code 1987, § 17.24.010; Ord. No. 23-1974, § 12, 1974)

Sec. 17.24.020. - Modification of design.

The general design requirement of all streets and highways within the subdivision shall be as set forth in this section; except where topographical conditions, in the opinion of the director of public works, make necessary modifications to one or more of the below-listed requirements, the design as to such modification shall be in accordance with the designs of the director of public works of the town:

(1)

All streets shall, as far as practicable, be in alignment with existing adjacent streets by continuations of the centerlines thereof or by adjustments by curves and shall be in general conformity with the streets and highways master plan;

(2)

Streets shall be required to intersect one another at right angles or as near to a right angle as practicable in each specific case;

(3)

Where necessary to give access to or permit a satisfactory future subdivision of adjoining land, streets shall extend to the boundaries of the property and the resulting dead-end streets may be approved without a turnaround, provided the control of access across such dead-end streets shall be vested in the town. In all other cases a turnaround having a minimum radius of 50 feet shall be required;

(4)

When a major street or highway intersects any other street or highway, the property lines at each block corner shall be rounded with a curve having a radius of not less than 30 feet. All other street intersections,

the property line at each block corner shall be rounded with a curve having a radius of not less than 20 feet. In either case, a greater curve radius may be required, if streets intersect at other than right angles;

(5)

The centerline curve radius on all streets and highways shall conform to accepted engineer standards of design and shall be subject to approval by the director of public works but shall not be less than 500 feet for major streets, 300 feet for secondary streets and 200 feet for minor streets;

(6)

No street or highway shall have a grade of more than 12 percent unless, because of topographical conditions or other exceptional conditions, the director of public works determines that a grade in excess of 12 percent is necessary. No grade shall be less than thirty-hundredths percent;

(7)

Reserved strips controlling access of public ways or minimizing values for special improvement assessments will not be approved unless such strips are necessary for the protection of the public welfare or of substantial property rights or both, and in no case, unless the control and disposal of the land comprising such strips is placed definitely within the jurisdiction of the town under conditions approved by the town council.

(Code 1987, § 17.24.020; Ord. No. 23-1974, § 13, 1974)

Sec. 17.24.030. - Widths of streets and highways.

Streets and highways not shown on any master street and highway plans or not affected by proceedings initiated by the town council or approved by the town council upon initiation by other legally constituted governmental bodies shall be of less width than those set forth in this chapter. Increased widths may be required where streets are to serve commercial property or where probable traffic conditions warrant such. Approval or determination of street or highway classification shall be made by the council.

(1)

Thoroughfares. Minimum right-of-way is 120 feet. Minimum street surface width is 64 feet with a minimum division strip of 22 feet.

(2)

Major streets or highways. Minimum right-of-way is 80 feet in commercial areas or possible future commercial areas, and 76 feet in residential areas. Minimum road surface width is 64 feet in commercial and residential areas.

(3)

Secondary and minor streets. Minimum right-of-way is 55 feet. The town council may require up to 60 feet where a street may become a major street at some future date. Minimum road surface width is 40 feet.

(4)

Loop streets when not over 1,000 feet in length. Minimum right-of-way is 54 feet. Minimum road surface width is 36 feet.

(5)

One-way streets. Minimum right-of-way is 40 feet. Minimum road surface width is 20 feet.

(6)

Two-level streets. Right-of-way width is variable. Minimum road surface width is two 20-foot paved sections with sufficient room for proper slope in between.

(7)

Cul-de-sac streets and service roads when not over 300 feet in length. Minimum right-of-way is 50 feet. Minimum road surface width is 36 feet. Minimum radius of cul-de-sac is to be 50 feet.

(8)

Business and industrial streets. When not classified as a major street, the minimum right-of-way is 66 feet. Minimum road surface width is 44 feet.

(9)

Service roads. Minimum right-of-way is 50 feet. Minimum road surface width is 36 feet.

(Code 1987, § 17.24.030; Ord. No. 23-1974, § 14, 1974)

CHAPTER 17.28. - LOTS

Sec. 17.28.010. - Subdivisions of one acre or larger.

Where a parcel is subdivided into lots of one acre or more, the town council may require that the blocks shall be of such size and shape and be so divided into lots as to provide for the extension and opening of streets and alleys at such intervals as will permit a subsequent division of any parcel into lots of normal size.

(Code 1987, § 17.28.010; Ord. No. 23-1974, § 20, 1974)

Sec. 17.28.020. - Lot requirements.

(a)

The size and shape of lots shall be in conformance to any zoning regulations effective in the area of the proposed subdivision and shall not be less than the regulations specified therein, but in no case shall any lot have a depth of less than 75 feet. The town council may recommend the granting of exceptions to this provision where there are unusual topographic conditions, curved or cul-de-sac streets or other special conditions. In unclassified districts, the town council shall specify the size and shape of all lots.

(b)

The side lines of all lots, as far as possible, shall be at right angles to the street which the lot faces, or radial or approximately radial, if the street is curved.

(c)

Front building setback lines shall be indicated by dotted lines on the subdivision map, as required by the town council.

(d)

No lot shall be divided by a town boundary line.

(e)

Lots without frontage on a dedicated street will not be permitted.

(f)

Lots, other than corner lots, may front on more than one street only when necessitated by topographic or other unusual conditions.

(g)

No cut or fill slope shall be steeper than 1½ to one.

(Code 1987, § 17.28.020; Ord. No. 23-1974, § 23, 1974)

CHAPTER 17.32. - HILLSIDE AREAS

Sec. 17.32.010. - Standards and specifications.

Those regulations which shall apply to hillside areas are set forth in the following table:

** Grading restrictions, not more than ten percent of area lot to be left in slope steeper than original ground or steeper than 25 percent, whichever is greater

(Code 1987, § 17.32.010; Ord. No. 23-1974, § 15, 1974)

CHAPTER 17.36. - IMPROVEMENTS

Sec. 17.36.010. - Compliance with title.

The subdivider, his engineer and his contractor shall develop plans and complete all improvement work under this section in accordance with the provisions of this title and to the approval of the director of public works.

(Code 1987, § 17.36.010; Ord. No. 23-1974, § 29(a), 1974)

Sec. 17.36.020. - Conformity with standard subdivision improvement specifications required.

All improvements mentioned in this chapter shall conform to those required in the Standard Subdivision Improvement Specifications recommended by the director of public works and adopted by the town council, copies of which are on file in the office of the town clerk.

(Code 1987, § 17.36.020; Ord. No. 23-1974, § 29, 1974)

Sec. 17.36.030. - Plan submission and approval required before work commenced.

Improvement work shall not be commenced until plans and profiles for such work have been submitted to and approved by the town council. Such plans shall be required before approval of the final maps. All such plans and profiles shall be prepared in accordance with requirements of the director of public works. Duplicate tracings on drafting film shall be filed with the director of public works.

(Code 1987, § 17.36.030; Ord. No. 23-1974, § 29(c), 1974)

Sec. 17.36.040. - Director of public works to be notified before work commenced.

Improvement work shall not be commenced until the director of public works has been notified in advance, and if work has been discontinued for any reason, it shall not be recontinued until the director of public works has been notified.

(Code 1987, § 17.36.040; Ord. No. 23-1974, § 29(d), 1974)

Sec. 17.36.050. - Inspection; cost.

All required improvements shall be constructed under the inspection of and to the approval of the director of public works. Cost of inspection shall be paid by the subdivider on an hourly basis, but not to exceed two percent of the cost of the improvement work.

(Code 1987, § 17.36.050; Ord. No. 23-1974, § 29(e), 1974)

Sec. 17.36.060. - Utilities to be installed prior to surfacing of streets and alleys.

(a)

All underground utilities, sanitary sewers and storm drains installed in streets, service roads, alleys or highways shall be constructed prior to the surfacing of such streets, service roads, alleys or highways. Service connections for all underground utilities and sanitary sewers shall be placed to such length as will obviate the necessity for disturbing the street or alley improvements when service connections thereto are made.

(b)

All utility distribution facilities (including, but not limited to, electric, communication and cable television lines) installed in and for the purpose of supplying service to any residential (or commercial) subdivision shall be placed underground, except as follows:

(1)

Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestalmounted terminal boxes and meter cabinets, and concealed ducts;

(2)

Metal poles supporting only high voltage wires, switches, transformers and streetlights.

(c)

The subdivider is responsible for complying with the requirements of this chapter and shall make the necessary arrangements with the utility companies involved for the installation of the facilities. The town council may waive the requirement of this chapter if topographical, soil or any other condition make underground installation of the facilities unreasonable or impractical.

(d)

Industrial subdivisions are excluded from the provisions of this chapter.

(Code 1987, § 17.36.060; Ord. No. 23-1974, § 29(f), 1974)

Sec. 17.36.070. - Agreement and bond for improvements; execution.

(a)

Upon the approval by the town council of the final map, the subdivider shall execute and file an agreement between himself and the town, specifying the period within which he or his agent or contractor shall complete all improvement work to the satisfaction of the director of public works, and providing that if he fails to complete such work within such period the town may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the director of public works on an hourly basis, but not exceed two percent of the cost of the improvement work and reimbursement of the town by the subdivider for the cost of such inspection. Such agreement may also provide:

(1)

For the construction of the improvements in units;

(2)

For an extension of time under conditions therein specified;

(3)

For the termination of the agreement upon the completion of proceedings under an assessment district for the construction of the improvements deemed by the director of public works to be at least the equivalent of the improvements specified in the agreement and required to be constructed by the subdivider; and

(4)

For progress payment.

(b)

The subdivider shall also file with the agreement, to ensure his full and faithful performance thereof, a bond for each sum as is by the director of public works deemed sufficient to cover the cost of improvements, engineering, inspection and incidental expenses and to cover replacement and repair of existing streets and other improvements damaged in the development of the subdivision. The bond shall be executed by a surety company authorized to transact a surety business in the state and must be satisfactory to and approved by the town attorney as to form and by the director of public works as to sufficiency. In lieu of such bond the subdivider may deposit with the town treasurer:

(1)

Cash money in an amount fixed as by the director of public works;

(2)

Certification by a bank or other reputable lending institution that money is being held to cover the costs of the improvements, engineering and inspection, and that it will be released only upon authorization of the director of public works, as in the case of a cash deposit; or

(3)

Bonds acceptable to the town council.

(c)

In the event the subdivider fails to complete all improvement work in accordance with the provisions of this title and the town completes the same, or if the subdivider fails to reimburse the town for the cost of inspection, engineering and incidental expenses, and to cover the cost of replacement and repair to existing streets and other improvements damaged in the development of the subdivision, the town shall call on the surety for reimbursement, or shall appropriate from any cash deposits funds for reimbursement. In any such case, if the amount of the surety bond or cash deposit exceeds the cost and expense incurred by the town, it shall release the remainder of the bond or cash deposit, and if the amount of the surety bond, cash deposit or certification is less than the cost and expense incurred by the town, the subdivider shall be liable to the town for such difference.

(Code 1987, § 17.36.070; Ord. No. 23-1974, § 29, 1974)

Sec. 17.36.080. - Cash deposits and bond; manner of release; extension of time.

No extension of time progress payments from cash deposits, or releases of surety bond, cash deposits or certification shall be made, except upon certification of the director of public works that work covered thereby has been satisfactorily completed and upon approval of the town council.

(Code 1987, § 17.36.080; Ord. No. 23-1974, § 29(h), 1974)

Sec. 17.36.090. - Departures and variations.

The subdivider shall install improvements in accordance with the general requirements set forth in this title, provided that the director of public works may require changes in typical sections and details if unusual conditions arise during construction to warrant such change in the interests of the town; such changes are to be at the expense of the subdivider.

(Code 1987, § 17.36.090; Ord. No. 23-1974, § 29(i), 1974)

Sec. 17.36.100. - Streets and highways.

All streets and highways shall be graded and paved to cross-sections and grades approved by the director of public works. The subdivider shall improve the extension of all subdivision streets, highways or public ways to the intersecting paving line of any county road, town street or state highway. Minimum structural design shall be a double bituminous seal coating.

(Code 1987, § 17.36.100; Ord. No. 23-1974, § 29(j), 1974)

Sec. 17.36.110. - Structures.

Structures shall be installed as deemed necessary by the director of public works for drainage, access or public safety. Such structures shall be placed to grades and shall be of a design approved by the director of public works.

(Code 1987, § 17.36.110; Ord. No. 23-1974, § 29(k), 1974)

Sec. 17.36.120. - Driveway approaches.

There shall be no more than one driveway approach for each 50 feet of lot width at a property line adjacent to a public right-of-way for any lot intended to be developed for single-family or two-family use. A multiplefamily lot may have one driveway approach for each 15 living units, provided that such approaches do not exceed the standard town width and do not occupy more than 60 percent of the property line adjacent to a public right-of-way. In all cases, a multiple-family lot may have at least two standard width driveway approaches, provided the lot exceeds 60 feet in width.

(Code 1987, § 17.36.120; Ord. No. 23-1974, § 29(1), 1974)

Sec. 17.36.130. - Sewers.

Sanitary sewer facilities connecting with the existing town sewer system shall be installed to curbline to serve each lot and to grades, locations, design and sizes approved by the director of public works. No septic tanks or cesspools shall be permitted. No sewer main shall be less than six inches and with one manhole at each intersection and no more than 500 feet apart.

(Code 1987, § 17.36.130; Ord. No. 23-1974, § 29(m), 1974)

Sec. 17.36.140. - Storm drains.

(a)

Pipeline. Stormwaters shall be carried in underground systems when the flow requires a 48-inch (inside diameter) or less pipeline. The system shall be designed on the basis of criteria for a ten-year storm, calculated on the basis of practice found to be suitable for a particular area, shall be totally carried in the underground system with the hydraulic gradient in curb inlets maintained at least one foot below the top of the curb.

(b)

Pipe size. The minimum size of pipe in the public right-of-way shall be 12 inches.

(c)

Velocity. All new storm drains shall be designed to maintain a minimum velocity of flow of two feet per second, when flowing one-quarter full.

(d)

Inlets. Curb inlets shall be installed at intersections and at intermediate points when the gutter flow for the "design storm" exceeds the top of the curb for a minimum grade and when the gutter flow is higher than three inches below the top of curb for 15 percent grades.

(e)

Manholes. A standard manhole shall be constructed at all pile intersections, changes in pipe size, abrupt change in horizontal and vertical alignment and at least every 460 feet for pipes between 12 inches and 30 inches in diameter, 750 feet maximum for pipes of 33 inches to 59 inches in diameter.

(Code 1987, § 17.36.140; Ord. No. 23-1974, § 29(n), 1974)

Sec. 17.36.150. - Water mains and fire hydrants.

Water mains and fire hydrants shall be designed, laid out, located and installed as directed by the director of public works.

(Code 1987, § 17.36.150; Ord. No. 23-1974, § 29(o), 1974)

Sec. 17.36.160. - Permanent monuments.

(a)

Permanent monuments shall be set at all angle and curve points on the exterior boundaries of the subdivision, in all street intersections, at all angle points of street lines and at all curve points, both simple and compound, of street lines. Monuments in street intersections and at angle and curve points in the street lines shall be set on street centerlines, unless otherwise directed by the building inspector; provided, however, that such permanent monuments need not be set at an angle and curve points on the exterior boundaries of the subdivision when such points are distant four hundred feet or less from another such permanent monument; such distance for 400 feet or less to be measured along the exterior boundary.

(b)

A permanent monument shall not be less substantial and enduring than a rich Portland cement concrete post at least six inches in diameter by 30 inches long with a noncorroding metal marker embedded in the top thereof bearing the exact marked point thereon and otherwise conforming to law. The permanent monument shall be set in ground, upright, with the metal marker two feet below the finished street grade, by excavating a hole and pouring the same full of concrete. When streets are required to be paved, the location of such monument and access thereto shall be given by a suitable concrete or cast-iron sliding sleeve surrounded by a circular cast-iron frame and lid and street surface. In case the monument is not on a street the metal marker shall be set not less than 12 inches below finished grade.

(c)

The engineer or surveyor shall also set at all corners and at all curve points on lot boundary lines a marker not less substantial and enduring than a steel pin five-eighths of an inch in diameter by 18 inches long with a noncorroding metal surface approximately one inch in diameter on the head thereof driven flush with the existing ground surface and marked at the exact point.

(d)

When lot corners are adjacent to existing concrete sidewalks or sidewalks to be constructed as part of the improvements, brass pins driven into the sidewalk on lot lines in a manner acceptable to the director of

public works may be installed in lieu of steel pins on the front corners.

(Code 1987, § 17.36.160; Ord. No. 23-1974, § 29(q), 1974)

Sec. 17.36.170. - Benchmarks.

(a)

Permanent elevation benchmarks of a type approved by the director of public works and referred to the town datum shall be set at each street intersection in the curb return or other location approved by the building inspector.

(b)

Any monument or benchmark required by this section that is disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider.

(c)

Monuments and benchmarks shall be set before acceptance of the improvements by the town council unless exception is recommended by the director of public works and approved by the town council.

(Code 1987, § 17.36.180; Ord. No. 23-1974, § 29(r), 1974)

Sec. 17.36.180. - Report and map to be filed.

A map showing all subdivision improvements as built shall be filed with the director of public works upon completion of the improvements, together with a final written report on all such improvements.

(Code 1987, § 17.36.190; Ord. No. 23-1974, § 29(s), 1974)

Sec. 17.36.190. - Field notes.

Complete field notes, in a form satisfactory to the director of public works showing references, ties, locations, elevations and other necessary data relating to monuments and benchmarks set in accordance with the requirements of this chapter, shall be submitted to the director of public works to be retained by the town as a permanent record.

(Code 1987, § 17.36.200; Ord. No. 23-1974, § 29(t), 1974)

CHAPTER 17.40. - UTILITIES

Sec. 17.40.010. - Easements.

(a)

The subdivider shall grant easements not less than ten feet in width for public utility, sanitary sewer and drainage purposes, when necessary, provided that easements of lesser width may be allowed with concurrence of public utilities and the director of public works when the easements may be accomplished by easements of lesser widths; and provided further, that in such determination the director of public works

shall prescribe the width of such easements. Easements for overhead wire lines shall be provided at the rear of all lots, except where alleys are available, and in contiguous locations to permit anchorage, line continuity, ingress and egress. Easements shall be dedicated for the purpose of installing utilities, planting strips and for such other public purposes as may be ordered or directed by the town council.

(b)

The subdivider shall submit a layout showing easements proposed for public utilities to the public utility servicing the substation. Prior to approval of the final map, the subdivider shall obtain a letter from the public utility stating that the easements are adequate. A copy of the letter shall be filed with the town council.

(Code 1987, § 17.40.010; Ord. No. 23-1974, § 21, 1974)

Sec. 17.40.020. - Underground utilities.

(a)

All utility distribution facilities (including, but not limited to, electric, communication and cable television lines) installed in and for the purpose of supplying service to any residential (or commercial) subdivision shall be placed underground, except as follows:

(1)

Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestalmounted terminal boxes and meter cabinets, and concealed ducts;

(2)

Metal poles supporting only high-voltage wires, switches, transformers and streetlights.

(b)

The subdivider is responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies involved for the installation of the facilities. The town council may waive the requirements of this section if topographical, soil, or any other conditions make underground installation of the facilities unreasonable or impractical.

(c)

Industrial subdivisions are excluded from the provisions of this section.

(Code 1987, § 17.40.020; Ord. No. 23-1974, § 22, 1974)

CHAPTER 17.44. - OTHER REQUIREMENTS

Sec. 17.44.010. - Service roads and off-street parking.

When any lots proposed for commercial usage front on any major or secondary street or highway, the subdivider shall be required to dedicate and improve a service road to provide ingress and egress to and

from the lots, or in lieu thereof, if approved by the town council, the subdivider may dedicate for public use and improve an area approved by the town council and adjacent to such lots for off-street parking purposes. When the front of any lots proposed for residential usage front on any freeway, state highway or parkway, the subdivider shall dedicate and improve a service road at the front of the lots, unless such is already existent as a part of such freeway or parkway. In addition to any requirement for a service road, the town council may require off-street parking areas for all lots proposed for commercial use.

(Code 1987, § 17.44.010; Ord. No. 23-1974, § 16, 1974)

Sec. 17.44.020. - Nonaccess and planting strips.

When the rear of any lot borders nay major or secondary street, highway or parkway, the subdivider may be required to execute and deliver to the town an instrument, deemed sufficient by the town attorney, prohibiting the right of ingress and egress to the rear of such lots across the side lines of such street or highways. When the rear of any lots, border any freeway, state highway or parkway, the subdivider may be required to dedicate and improve a planting strip adjacent to such parkway or freeway.

(Code 1987, § 17.44.020; Ord. No. 23-1974, § 17, 1974)

Sec. 17.44.030. - Width of alleys in lots proposed for commercial or industrial usage.

When any lots are proposed for commercial or industrial usage, alleys at least 30 feet in width shall be required at the rear thereof with adequate ingress and egress for truck traffic.

(Code 1987, § 17.44.030; Ord. No. 23-1974, § 18, 1974)

Sec. 17.44.040. - Street names.

All street names shall be approved by the town council.

(Code 1987, § 17.44.040; Ord. No. 23-1974, § 19, 1974)

Sec. 17.44.050. - Walkways.

The subdivider may be required to dedicate and improve walkways across long blocks or to provide access to schools, parks or other public areas.

(Code 1987, § 17.44.050; Ord. No. 23-1974, § 24, 1974)

Sec. 17.44.060. - Stormwater and surface water drainage.

The subdivider shall, subject to riparian rights, dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of any natural watercourse, channel, stream or creek that traverses the subdivision, or at the option of the subdivider, provide by dedication further and sufficient easements or construction, or both, to dispose of such surface waters and stormwaters.

(Code 1987, § 17.44.060; Ord. No. 23-1974, § 25, 1974)

Sec. 17.44.070. - Consideration of subdivision in relation to master plan of town.

In all respects, the subdivision will be considered in relation to the master plan of the town, or any part thereof, or preliminary plans made in anticipation thereof.

(Code 1987, § 17.44.070; Ord. No. 23-1974, § 26, 1974)

Sec. 17.44.080. - Deed restrictions.

A copy of the deed restrictions applicable to the subdivision shall be filed with the town council at the time of filing the final map.

(Code 1987, § 17.44.080; Ord. No. 23-1974, § 27, 1974)

Sec. 17.44.090. - Land subject to inundation.

If any portion of any land within the boundaries shown on any such final map is subject to overflow, inundation or flood hazard by stormwaters, such fact and such portion shall be clearly shown on the final map. Further, an adequate storm drainage system shall be provided, and if fill is used in the flood areas, it shall be a minimum of ten feet above the ten-year high-water mark.

(Code 1987, § 17.44.090; Ord. No. 23-1974, § 28, 1974)

CHAPTER 17.48. - EXCEPTIONS

Sec. 17.48.010. - Exceptions to title; application.

The town council may grant conditional exceptions to any of the requirements and regulations set forth in this title. Application for any such exception shall be made by a certified petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. The petition shall be filed with the tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, it is necessary, that the town council finds the following facts with respect thereto:

(1)

That there are special circumstances or conditions affecting the property;

(2)

That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

(3)

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

(Code 1987, § 17.48.010; Ord. No. 23-1974, § 4, 1974)

Sec. 17.48.020. - Action of town council on exceptions.

In granting the exceptions referred to in section 17.48.010, the town council shall secure substantially the objectives of the regulations to which the exceptions are granted, as to light, air and the public health, safety, convenience and general welfare.

(Code 1987, § 17.48.020; Ord. No. 23-1974, § 5, 1974)