§ 30-332. Minimum required improvements.

(a)

Water supply.

(1)

The developer shall provide a state department of environmental quality or applicable agency-approved public or semi-public or private water system with adequate pressures for fire flows at 100 percent occupancy: All lots within a subdivision containing any lots less than five acres in size.

(2)

Where required, action shall be taken by the developer to expand or create a water supply district, and/or water company for the purpose of providing a water system and supply.

(b)

Water line connection and distribution system.

(1)

For proposed subdivisions where a state department of environmental quality or applicable agency-approved potable water supply system is required, the water system shall be installed with a service line and meter to each lot to provide safe and potable water in sufficient volume for the projected 100 percent occupancy. The developer shall be required to install the water system in such a manner that the lot owner can make the connection at the street utility easement, or alley abutting the lot, without cutting any new residential pavement or surfacing: Water system installation shall include any off-site improvement necessary to provide the above service conditions, including booster pumps, lines, stations, rights-of-way, easements, or other requirements.

(2)

For proposed subdivisions where a state department of environmental quality or applicable agency approved potable water supply system is required and the subdivision is not located within a state department of environmental quality or applicable agency-approved provider district and an acceptable service connection is not within 1,320 feet of the proposed subdivision, provisions for an appropriate water supply shall be constructed within the subdivision, and shall conform to all state department of environmental quality or applicable agency and county franchise and incorporation regulations and procedures.

(3)

For proposed subdivisions where a state department of environmental quality or applicable agency-approved potable water supply is required, and the proposed subdivision is not within an approved state department of environmental quality or applicable agency-approved provider service area, but is within 1,320 feet of an approved potable water system and at or near an appropriate connection point, the developer shall petition the water provider to extend the district boundary to include the subdivision or allow the proposed subdivision to connect to the existing service lines. If the request is rejected by the water provider to extend the district boundary to include the proposed subdivision, or to allow the proposed subdivision to connect to existing service lines, then the previous subsection (b)(2) of this section shall apply.

(4)

For proposed subdivisions where a state department of environmental quality or applicable agency-approved potable water supply is required and a state department of environmental quality or applicable agency-approved potable water supply is within 1,320 feet of the proposed subdivision and inside the water supply provider's ACC approved service area, the subdivision shall be required to obtain right-of-way, if necessary, and construct water lines to connect to the water service provider at an appropriate connection point.

(c)

Fire hydrants/service requirements. Wherever a water supply system is required for a proposed subdivision, fire hydrants that conform to the minimum requirements of the applicable fire code shall be installed. Hydrants shall be located according to the fire code requirements of the fire district the project is in. To eliminate future street openings, all underground facilities for hydrants, together with the hydrants themselves and all other water line improvements, shall be installed before any final construction of roadways when utilities are to be located in the improved portion of roadway rights-of-way. Where hydrants are required, the applicant is required to establish a fire service district, or cause an existing district to be extended to include the subdivision site, if the site is not already in a district. The county may require the applicant to provide additional facilities toward the establishment of actual service to the project.

(d)

Sewer disposal service. Proposed subdivisions in any development area shall connect all lots, except those set aside for open space or recreational purposes, to an approved public or private sewer system or other wastewater treatment facility where required by the county environmental health division, state department of environmental quality or U.S. Environmental Protection Agency.

(1)

All subdivisions with any urban size lots (less than one acre in size) shall be provided with approved, central sewage collection and treatment service to all lots.

(2)

Subdivisions with no urban lots may use on-site individual wastewater systems conformant to all applicable state and local regulations.

(e)

Electric service. Electric service is required according to the following:

(1)

Any proposed subdivision located partially or fully in an urban development area or suburban development area, or which contains any lot less than five acres in size, shall provide electric service to each individual lot, except for commercial/industrial subdivisions as indicated in subsection (e)(4) of this section.

(2)

All proposed subdivisions containing lots five acres or greater in size shall provide standard residential electric service to the nearest accessible boundary of the subdivision.

(3)

Electric power lines shall be installed in accordance with the requirements of the serving utility.

(4)

Commercial/industrial subdivisions are required to extend electrical improvements to the boundary of the subdivision.

(f)

Telephone service. Telephone service that is compatible with the county's enhanced 9-1-1 system is required according to the following: Any proposed subdivision located partially or fully in an urban development area or suburban development area, or which contains any lot less than five acres in size, shall provide telephone service access to each individual lot.

(g)

Sidewalks. Sidewalks on both sides of streets except where half or partial improvements have been approved, with ADA access ramps, are required within an urban development area as follows:

(1)

Within any proposed residential subdivision of three units or more per acre.

(2)

Within any subdivision that has 40 or more gross acres in size, or which is located within one-quarter mile of an existing school.

(3)

Where sidewalks are required, and residential lots adjoin commercial or industrial lots located within the subdivision, the sidewalks shall extend across or through the commercial or industrial lot.

(4)

Where sidewalks are required or provided on private property, provision for perpetual maintenance, either by the developer, a homeowners association, or individual lot owner, shall be provided. Where sidewalks are approved by the county engineer to be constructed in the public right-of-way, they will be constructed according to county standards and will need to be accepted for permanent maintenance by the board of supervisors.

(h)

Street lighting. Street lighting is required for subdivisions that will have sidewalks and as follows:

(1)

On commercial or industrial lots within urban development areas subdivisions.

(2)

When street lights are required, the developer shall install lighting pedestals and foundations outside county rights-of-way, but in public utility easements.

(3)

When street lights are required, the applicant shall establish either an improvement district through the county, or a property owners association, to provide for the permanent ownership and maintenance of those improvements.

(4)

Street lights may take the form of yard lights, meeting any standards that may be adopted by the county, or other standards that the county reviewing departments may approve. If yard lights are used, they must be located on private property, and achieve the same purposes of illumination as street lights would, under maintenance of an improvement district or owners association.

(5)

Path lights may additionally be required along walkways in subdivisions requiring street lighting. Such lights must be located on private property, to be maintained by an improvement district or owners association.

(6)

If an exception from standard is approved to eliminate a requirement for sidewalks, street lighting is still required, unless also eliminated via a separate petition item.

(i)

Roadway improvements. Roadway improvements are required according to the following:

(1)

Minimum roadway improvements for proposed subdivisions containing lots greater than five acres in size shall be constructed in accordance with other county-adopted standards for an aggregate base road and to the minimum cross-sectional requirements shown therein for the required functional classification of roadway.

(2)

Minimum roadway improvements in proposed subdivisions containing lots one acre to five acres in size shall be paved in accordance with other county-adopted standards for an asphalt-concrete surfaced road and shall be constructed to the minimum paved rural cross-sectional requirements shown therein for the required functional classification of the roadway.

(3)

Minimum roadway improvements in proposed subdivisions containing lots less than one acre in size, or located within one-quarter mile of an existing elementary or middle school, or an acquired site, or adjacent to any commercial or industrial lots within the subdivision, shall be paved in accordance with other county-adopted standards for an asphalt-concrete surfaced road and shall be constructed to the minimum paved urban cross-sectional requirements shown therein for the required functional classification of the roadway.

(4)

In all cases, minimum roadway improvements in proposed subdivisions located within a three mile radius of an identified PM-10 non-attainment area shall be paved in accordance with other county-adopted standards for an asphalt-concrete surfaced road and shall be constructed to the minimum paved urban cross-sectional requirements for this roadway classification or greater and other standards as required.

(5)

Higher road construction standards may be required by the county engineer to adequately provide for unusual situations and conditions, such as, but not limited to, soils, drainage, or traffic volumes or loads.

(6)

For all subdivisions of any density, culvert cross drains, or, if possible, hardened roadway crossings (concrete or asphaltic concrete, to adopted standards), shall be provided to allow for all-weather access to and through the subdivision, to the satisfaction of the county engineer.

(j)

Drainage.

(1)

The developer shall be required to provide all drainage-related improvements necessary to ensure the proper drainage into, around, through, and out of the subdivision, to ensure building sites are free from the 100-year storm event, and emergency vehicles have access to all lots within the development, and to not adversely impact adjacent or downstream properties. These drainage-related improvements shall be designed and constructed to withstand the impact of the maximum 100-year storm, meet policies and standards set forth in the drainage design manual for the county, and be in accordance with the approved detailed drainage report and drainage improvement plans.

(2)

These necessary improvements shall include, but not be limited to, underground pipes, inlets, catchbasins, open drainage ditches, retention/detention, storm sewers, bridges, culverts, low-water crossings, curb and gutter, lined channels, and erosion protection. Where drainage control devices are planned, that may periodically create instances of standing water, the county environmental health division may require a vector abatement plan.

(k)

Grading improvements.

(1)

Grading plans shall be required for all property which is submitted for subdivision purposes, and such plans shall be based upon the International Building Code, as adopted and amended by the county.

(2)

No grading shall be performed without an approved grading plan. Any grading performed on the proposed subdivision site prior to the approval of the preliminary plat and improvement plans shall be "at the risk of the developer/owner." The developer/owner may, after grading, be required to re-grade, cut, and/or fill to satisfy the requirements of the approved plat and plans.

(l)

Solid waste disposal. Subdividers shall comply with the regulations of the county and state health departments for the disposal of solid waste.

(m)

Street signs. Street signs shall be required and installed with one street sign for each intersection within the limits of the subdivision, showing the names of all streets at the intersections, including the block numbers when block numbers are available. All street name signs shall conform to other county-adopted standards and all street names shall be approved by the county.

(n)

Off-site improvements. Developers shall be responsible for all off-site improvements in support of the development of the subdivision, including:

(1)

Acquisition of required right-of-way for dedication to the public from the nearest paved public right-of-way to the subdivision. Required right-of-way shall be determined by the county engineer. In providing the required roadway right-of-way access(es) to the site, and where possible, the applicant shall obtain right-of-way that is evenly divided along both sides of a section line (or mid-section line, et al.), avoiding staggered or zig-zag roadways. It is the applicant's responsibility to secure this right-of-way from private or public sources, and their obligation to document and demonstrate when and why it is not possible to do so.

(2)

Paving of the required right-of-way from the nearest paved public right-of-way to the subdivision, including development and construction of any required curbs, gutters, drainage and grading according to MAG standards and county road development specifications.

(3)

Required water, sewer, and electric services from attachment to required off-site sources to the subdivision, including acquiring all required rights-of-way, purchase of all supporting equipment and materials, all construction costs, and related appurtenances, as determined and approved by the county engineer.

(4)

Required drainage improvements and grading as determined by the county engineer.

(5)

Any required street lighting, sidewalks, pavement markings, crosswalks, traffic signs and signals, improvements and upgrades to adjoining properties, coordination with outside agencies, environmental requirements, storm drains, flood control, rip-rap and/or gunite construction, drainage channel improvements, monuments and other ancillary or supporting improvements.

( Ord. No. 2001-01 , § 5.1(D), 2-20-2001; Ord. No. 2001-09 , § 5.1(D), 11-5-2001; Ord. No. 2004-04 , § 5.1(D), 12-6-2004; Ord. No. 2010-06 , § 5.1(D), 4-5-2010)