18.40.020 Size and shape determined by availability of water and sewer facilities.
(a) Generally. In all classes of subdivisions, the size and shape of the lots will be determined by the availability and adequacy of public sewer and public water facilities as follows:
(1) The determination of whether or not City water is available in adequate quantities to serve the subdivision shall be made in the following manner:
(i) A copy of the preliminary plat shall be sent to the Department of Public Works for recommendation.
(ii) Upon receipt of the recommendation by the Department, the subdivision committee shall report the facts to the Planning Commission.
(iii) The Planning Commission shall make its recommendation on the plat and on the availability and adequacy of City water to the Council after the public hearing on the final plat.
(2) The determination of whether or not a public water company can furnish water in adequate supply to the subdivision shall be determined in the following manner:
(i) If the subdivider desires to use the facilities of a public water company, the subdivider shall submit an affidavit subscribed and sworn to by an official of the public water company, stating that the company is ready, willing and able to supply water in sufficient quantities to serve the subdivision.
(ii) Upon receipt of the affidavit and preliminary plat, the subdivision committee shall receive it and report the facts to the Planning Commission.
(iii) The Planning Commission shall make its recommendation, on the plat, on the availability and adequacy of water to the Council after a public hearing on the final plat.
(b) Class A Subdivisions. For class A subdivisions:
(1) If the proposed subdivision is serviced with City water and public sewer or a community type sewage treatment plant, approval of the plat shall be subject to the minimum requirements set forth in this subsection (b).
(2) If the proposed subdivision is serviced with City water but not with a public sewer system or a community type sewage treatment plant, a preliminary plat will be submitted on the basis of one-half acre lots and shall be subject to the approval of the Health Department, which shall make soil percolation tests for each lot and make recommendations to the Planning Commission regarding lot sizes. The lots will be so proportioned as to permit future replatting consistent with good subdivision design.
(3) If the proposed subdivision is serviced by a public sewer system and not with City water and the developer will use a private water supply, the preliminary plat will be submitted on the basis of one-half acre lots, subject to the approval of the Health Department, which may make recommendations as to lot sizes. The lots shall be so proportioned as to permit future platting consistent with good subdivision design. The suggested desirable proportion is 160 feet frontage by 270 feet depth.
(4) If the proposed subdivision is not serviced with either City water or a public sewer system and the developer will be using a private water supply with septic tank sewage disposal, the subdivider shall submit the preliminary plat on the basis of one-acre lots, subject to the approval of the Health Department, which shall make soil percolation tests and submit its recommendation regarding lot sizes to the Planning Commission. The lots will be so proportioned as to permit future replatting consistent with good subdivision design. Such plat shall carry a restriction prohibiting the installation of septic tank lateral fields within 25 feet of any property boundary line or private water supply, and the minimum lot dimensions in any direction shall be 150 feet.
(c) Class B Subdivisions. For class B subdivisions:
(1) If the proposed subdivision is serviced with a public water supply and a public sewage system or a community type sewage disposal treatment plant, the plat shall be subject to the minimum requirements set forth in this subsection (c).
(2) If the proposed subdivision is serviced with a public water supply but not with a public sewage system or a community type sewage disposal treatment plant, the plat shall be submitted on the basis of building site areas that are determined by soil percolation tests as performed by the Health Department. The Health Department shall make a recommendation to the Planning Commission on the building site areas based on the results of the soil percolation tests.
(3) If the proposed subdivision is serviced by a public sewage system or a community type sewage treatment plant and not with a public water supply, the plat shall be subject to the minimum requirements set forth in this subsection (c). However, the building site areas shall contain a minimum dimension of 100 feet at the front building line.
(4) If the proposed subdivision is not serviced with a public water supply, a public sewage system or a community type sewage treatment plant, the plat shall be submitted on the basis of building site areas that are determined by soil percolation tests as performed by the Health Department. The Health Department shall make a recommendation to the Planning Commission on the building site areas based on the results of the soil percolation tests; provided, however, the minimum building site areas shall contain at least one acre in area and have minimum dimensions of 125 feet at the front building line.
(5) In those class B subdivisions which touch or adjoin the corporate limits of the City or touch or adjoin an area on which annexation proceedings have been commenced, then the owner shall submit a written consent to annexation of the subdivision to the City along with the preliminary plat.
(d) Class C Subdivisions. The requirements and regulations pertaining to class C subdivisions are the same requirements as those applied to class B subdivisions, with the exception that in class C subdivisions the subdivider shall not be required to submit a written consent to annexation of the proposed subdivision. (Code 1981 § 41-90. Code 1995 § 134-132.)