§ 1228.01. GENERAL IMPROVEMENTS.

(1)

Conformance to Applicable Rules and Regulations. In addition to the requirements established in this ordinance, all subdivision plats shall comply with the following laws, rules, and regulations:

(a)

All applicable statutory provisions.

(b)

The City Zoning Ordinances, City approved building codes, and all other applicable laws of the appropriate jurisdictions.

(c)

The Comprehensive Plan and Capital Improvements Program of the local government, including all streets, drainage systems, and parks shown in the Comprehensive Plan as adopted.

(d)

The special requirements of this ordinance and any rules of the Department of Public Health and/or appropriate state or substate agencies.

(e)

The rules of the State Highway Department or the Ottawa County Road Commission if the subdivision or any lot contained therein abuts a state highway, connecting street or county road.

(f)

The standards and regulations adopted by the City Engineer and all boards, commissions, agencies, and officials of the City.

(g)

Plat approval may be withheld if a subdivision is not in conformity with the above laws, regulations, guidelines, and policies as well as the purposes of this ordinance established in Section 1220.03.

(2)

Adequate Public Facilities. No preliminary plat shall be approved unless the Council determines that public facilities will be adequate to support and service the area of the proposed subdivision. The applicant shall, at the request of the Council, submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on and use of public facilities by possible uses of said subdivision. Public facilities and services to be examined for adequacy will include roads, sewerage, water service, and emergency services.

(a)

The applicant for preliminary plat must, at the request of the Planning Commission, or Council, submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on and use of public facilities and services by possible uses of said subdivision.

(b)

Comprehensive Plan Consistency Required. Proposed public improvements shall conform to and be properly related to the City's Comprehensive Plan and all applicable capital improvements plans.

(c)

Water. All inhabitable buildings and buildable lots shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection.

(d)

Wastewater. All habitable buildings and buildable lots shall be served by an approved means of wastewater collection and treatment.

(e)

Stormwater Management. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding. The City will require the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed developments wherever required by the City Engineer.

(f)

Roads. Proposed roads shall provide a safe, convenient, and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the Comprehensive Plan; and shall be appropriate for the particular traffic characteristics of each proposed development. Roadway design shall be submitted to the City Engineer for approval.

(g)

Extension Policies. All public improvements and required easements shall be extended through the parcel on which new development is proposed. Streets, water lines, wastewater systems, drainage facilities, electric lines, and telecommunications lines shall be constructed through new development to promote the logical extension of public infrastructure.

(3)

Self-Imposed Restrictions. If the owner places restrictions on any of the land contained in the subdivision greater than those required by the Zoning Ordinances or this ordinance, such restrictions or reference to those restrictions may be required to be indicated on the subdivision plat.

(4)

Plats Straddling Municipal Boundaries. Whenever access to the subdivision is required across land in another local government, the Planning Commission or Council may request assurance from the City Attorney that access is legally established, and from the City Engineer that the access road is adequately improved, or that a guarantee has been duly executed and is sufficient in amount to assure the construction of the access road. In general, lot lines should be laid out so as not to cross Municipal boundary lines.

(5)

Character of the Land. Land that the Planning Commission or Council finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features that will reasonably be 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 subdivided or developed unless adequate methods are formulated by the developer and approved by the Council, upon recommendation of the City Engineer, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve any danger to public health, safety, and welfare.

(6)

Subdivision Name. The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in area covered by this ordinance. The City Council shall have final authority to designate the name of the subdivision, which shall be determined at sketch plat approval.

(Ord. No. 309. Passed 3-23-98.)