Chapter 18.92 - Subdivision Design and Improvements

Sections:

18.92.010 - Purpose of Chapter
18.92.020 - Applicability of Design and Improvement Standards
18.92.030 - Access, Circulation, Streets
18.92.040 - Energy Conservation and Solar Access
18.92.050 - Fire Hydrants
18.92.060 - Grading, Erosion and Sediment Control
18.92.070 - Major Structures
18.92.080 - Monuments
18.92.090 - Parcel and Block Design
18.92.100 - Public Utilities and Utility Easements
18.92.110 - Residential Density
18.92.120 - Sewage Disposal
18.92.130 - Street Lighting
18.92.140 - Street Names
18.92.150 - Storm Drainage and Watercourses
18.92.160 - Traffic Safety Devices
18.92.170 - Water Supply
18.92.180 - Zoning Standards

18.92.010 - Purpose of Chapter

This Chapter establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new parcels that are compatible with existing neighborhoods, the natural environment, the health and safety of Town residents, and are consistent with the General Plan and any applicable Specific Plan.

18.92.020 - Applicability of Design and Improvement Standards

The requirements of this Chapter apply to subdivisions, and Conditional Certificates of Compliance, in addition to all applicable requirements of this Development Code, as follows:

A. Design standards. The standards in Sections 18.92.030 through 18.92.180 of this Chapter apply to the design of all proposed subdivisions, in addition to all applicable requirements of the Town Engineer and the Public Improvements and Engineering Standards.

B. Subdivision improvement standards - Conditions of approval. The applicable subdivision improvement and dedication requirements of this Chapter and any other improvements and dedications required by the review authority in compliance with Section 18.96.060 (Tentative Map Approval or Denial), shall be described in conditions of approval adopted for each approved Tentative Map (Section 18.96.070). The design, construction or installation of all subdivision improvements shall comply with the requirements of the Town Engineer.

C. Conflicting provisions. In the event of conflicts between the provisions of this Chapter and other provisions of this Development Code, or other provisions of the Municipal Code, the most restrictive provisions shall control.

D. Extent of improvements required. As required by Article 1, Chapter 1 of the Map Act, improvements required for subdivisions of four or fewer parcels shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created.

E. Oversizing of improvements. At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the Town. If required, the cost of these oversized improvements shall be reimbursed to the subdivider in compliance with Map Act Sections 66485 et seq.

F. Exceptions. Exceptions to the provisions of this Chapter may be requested and considered in compliance with Section 18.90.060 (Exceptions to Subdivision Standards).

18.92.030 - Access, Circulation, Streets

Proposed subdivisions shall be designed to provide adequate access from each new parcel to a Town street, State highway, or County road. Street systems to be constructed with new subdivisions shall be designed in compliance with this Section, and with the requirements of the Town Engineer.

A. General access and circulation requirements. The subdivider shall provide a comprehensive street system, designed and constructed in compliance with this Section, and consistent with the General Plan.

1. Street design shall provide for safe vehicular operation at a specified design speed.

2. Public streets shall be required when:

a. The street is shown as an arterial or collector on a master street and highway plan, the General Plan, or any other specific or precise plan;

b. The street will be used by the general public as a through access route; or

c. A public street is necessary for special needs including bus routes, public service access, bicycle routes and pedestrian access.

Private streets are allowed only in compliance with Subsection F., following.

B. Alternative standards. The review authority may consider and approve proposed access and street design solutions that differ from the provisions of this Section, and the requirements of the Town Engineer, where deemed necessary to properly address the characteristics of adjacent land uses and/or anticipated traffic volumes, or to maintain neighborhood character.

C. Access to subdivision. Every subdivision shall be designed to have access to a Town street, State highway, or County road. Access shall be provided by:

1. The subdivision abutting a Town street, County road, or State highway, where the length of the subdivision along the street, the street right-of-way, and the width of the right-of-way will accommodate the construction of all road improvements required by this Section; or

2. The subdivision being connected to a Town street, State highway, or County road by a non-exclusive right-of-way easement for street, utility, and appurtenant drainage facilities purposes, where the easement shall be:

a. Offered for dedication unless the review authority determines the easement may be permitted as a private road in compliance with Subsection F., following;

b. Unencumbered by any senior rights that might serve to restrict its proposed use; and

c. Of a width and location to accommodate the construction of all improvements required by this Section and the Public Improvements and Engineering Standards.

D. Access to new parcels. Parcels within a proposed subdivision shall be provided access as follows.

1. Town street access required. Each parcel within a proposed subdivision shall be provided access by being located on an existing Town street or a new Town street designed and improved in compliance with Subsection C. of this Section, or to a private street if allowed by Subsection F. of this Section.

2. Access denial. Access to a State Highway or town street shall be prohibited as follows. Reservation strips shall be dedicated to the State or Town, as appropriate, where required to control access over certain lot lines, or over the ends of street stubs.

a. When a State highway or a street classified as an arterial in the Circulation Element of the General Plan passes through or abuts a proposed subdivision, direct access to the highway or arterial shall not be permitted from proposed parcels.

b. The review authority may also deny access to a Town street, County road, or private street, at any location where it determines that traffic safety will be compromised by uncontrolled access; provided that each parcel shall have at least one point of physical and legal access to a Town street, of sufficient width to accommodate a driveway in compliance with Section 18.48.080 (Driveways and Site Access) of this Development Code.

3. Frontage roads. When lots are proposed to front on a major arterial or State highway, the review authority may require the subdivider to dedicate and improve a service or frontage road separate from the arterial or highway.

4. Alleys. Alleys may be proposed as part of residential or non-residential subdivisions. When a subdivision is proposed in an area zoned commercial or industrial, the subdivider may be required to dedicate and improve alleys at least 20 feet wide at the rear of the parcels.

E. Design and improvement of proposed streets. New streets proposed or required within a new subdivision or adjacent to a new subdivision shall be located and designed as follows, and in compliance with the requirements of the Town Engineer.

1. Alignment. The alignment of streets shown on a Tentative Map shall be:

a. Consistent with the Circulation Element of the General Plan, and/or any adopted street alignment plan, where applicable; and

b. Located to be in alignment with existing adjacent streets by continuation of their centerlines, or by adjustments by curves.

2. Right-of-way and surfaced width. The width of the right-of-way and improved surface of streets shown on a Tentative Map shall comply with the functional classifications of the Public Improvements and Engineering Standards, and the requirements of the Town Engineer.

3. Access to unsubdivided property. When a proposed subdivision abuts vacant land that is designated by the General Plan for future subdivision and development, the review authority may require that streets to be constructed and/or rights-of-way established within the proposed subdivision to be extended to the boundary of the property to provide access to the future development.

4. Improvements to existing streets. When an existing Town street provides access to, passes through, or is contiguous with a proposed subdivision, the review authority may require dedication of additional right-of-way and/or improvements to be made to the Town street in compliance with the General Plan, and the Public Improvements and Engineering Standards if they determine that the proposed subdivision will create the need for the improvements, or where the subdivider otherwise agrees to the improvements.

5. Length of loop, cul-de-sac, and other dead-end streets. The length of loop, cul-de-sac, and other dead-end streets shall comply with the Public Improvements and Engineering Standards.

F. Private roads. Private roads are allowed as provided in this Section. Private roads shall not be permitted except where the review authority determines that a private street system will adequately serve the proposed subdivision, will not be a substantial detriment to adjoining properties and will not disrupt or prevent the establishment of an orderly circulation system in the vicinity of the subdivision.

1. Design and improvement standards. Private roads shall be designed and improved as set forth in Subsections B. and C..

2. Security and conditions. The review authority may require any guarantees and conditions it deems necessary to carry out the provisions of this Article pertaining to private roads. Private roads and easements providing access to parcels within a subdivision shall be located and shown on the Parcel or Final Map.

G. Alternative circulation systems. Proposed subdivisions shall be designed to reserve rights-of-way for pedestrian paths, bikeways and multiple use trails consistent with the Circulation Element of the General Plan, Public Improvements and Engineering Standards, and/or the Bicycle and Pedestrian Trail Master Plan as applicable, where the review authority determines that the alignment of these systems shown in the General Plan and/or in any applicable Specific Plan can be feasibly accommodated within the subdivision. Rights-of-way and easements shall be offered for dedication if the review authority determines that the facility is needed because of the characteristics of the proposed subdivision.

H. Maintenance requirements. Where streets are offered for dedication but not accepted for maintenance purposes, and where private streets are approved, provisions satisfactory to the Town Attorney shall be made for lot owners association or other organization to assume responsibility for the maintenance of the streets and ownership of the street rights-of-way.

18.92.040 - Energy Conservation and Solar Access

The design of a subdivision for which a Tentative and Final Map are required by this Article shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions, in compliance with Map Act Section 66473.1. The review authority may require solar access easements as it deems necessary to protect the opportunities for passive or natural heating or cooling, in compliance with the following requirements.

A. The location and extent of the easements shall be determined by an analysis performed by a qualified professional engaged by the Town at the expense of the applicant. The analysis shall specify the optimal location and dimensions of the easements, based on the topography and natural vegetation of the site and surroundings.

B. The easement shall prohibit any structure which would extend into and block the passage of sunlight through more than 10 percent of the easement area at any time during the year. The easement shall also prohibit the property owner from allowing any vegetation other than native vegetation on the site prior to subdivision, from extending into and blocking the passage of sunlight through more than 10 percent of the easement area at any time during the year.

C. The easement shall include provisions allowing the owner of the site which is protected by the easement the discretion to agree, with the approval of the Director, to revisions to the easement, or the termination of the easement, if requested by the owner of the site that is subject to the easement. The Director shall not approve termination of a solar access easement except where he or she determines that the dwelling unit proposed on the site is not designed to utilize passive or natural heating or cooling.

D. The review authority shall not require solar access easements where an easement would have the effect of reducing the density of residential units otherwise allowed on the site by Article II (Zoning Districts and Allowable Land Uses), and shall consider the feasibility of the easement, given the contour and configuration of the parcel to be divided.

18.92.050 - Fire Hydrants

Fire hydrants shall be installed within the proposed subdivision in compliance with the requirements of the Truckee Fire Protection District.

18.92.060 - Grading, Erosion and Sediment Control

New subdivisions shall be designed so that all proposed grading incorporates appropriate erosion and sediment control measures in compliance with the Public Improvements and Engineering Standards and Chapter 18.36 (Hillside Development Standards) of this Development Code.

18.92.070 - Major Structures

The review authority may require the subdivider to provide major structures, including retaining walls, bridges or dams, based on the needs for these facilities created by the subdivision. Each structure shall be designed and approved on an individual basis. The subdivider shall provide the Town with all drawings, specifications, and engineering calculations used in the design of a major structure.

18.92.080 - Monuments

The subdivider shall install monuments in compliance with Chapter 18.110 (Surveys and Monuments), and the Map Act.

18.92.090 - Parcel and Block Design

The design and configuration of proposed parcels and blocks shall comply with the requirements of Article II (Zoning Districts and Allowable Land Uses). A Tentative Map shall propose no more than one parcel as a designated remainder, or "not a part," and all portions of the designated remainder shall be contiguous.

18.92.095 - Parks and Recreation

A. Park and recreational fee. As a condition of approval of any tentative map, a park and recreational fee in the amount set by Council resolution shall be paid for each and every newly created parcel. Common area, open space, and similar parcels shall be exempt from the fee if enforceable restrictions are imposed on the parcel prohibiting residential development on the parcel. Condominium and townhouse parcels for which recreational facilities impact fees have been paid for the construction of the multi-family residential structure(s) on said parcels shall be exempt from the fee.

B. In-lieu dedication of land. In lieu of the park and recreational fee, a dedication of land for park or recreational purposes within the subdivision may be required as a condition of approval for subdivisions containing more than 50 parcels.

18.92.100 - Public Utilities and Utility Easements

Public utilities including electricity, gas, water, sewer, cable television, and telecommunications services, shall be installed as part of the improvements within all subdivisions as provided by this Section, and by Sections 18.92.120 (Sewage Disposal) and 18.92.170 (Water Supply). The installation of utilities may be waived by the review authority if the review authority finds that not installing the utilities as part of the subdivision improvements to be in the public interest.

A. Underground utilities. Utilities in new subdivisions shall be installed underground, as follows:

1. When undergrounding is required. All proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any subdivision with parcels less than three acres in area, shall be installed underground.

a. Equipment appurtenant to underground facilities, including surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts, shall also be underground, unless otherwise approved by the Town Engineer.

b. Existing utility facilities need not be undergrounded unless they are to be enlarged or replaced.

c. The subdivider is responsible for complying with the requirements of this Section and shall make the necessary arrangements with the affected utility companies for facility installation. The review authority may waive the requirements of this Section if topographical, soil, or any other conditions make underground installation unreasonable or impractical.

2. Location of installation. Underground utility lines may be installed within street rights-of-way or along a lot line, subject to the appropriate easements being provided where necessary. When installed within street rights-of-way, the location and method of installation shall be in accordance with the Public Improvements and Engineering Standards and subject to the approval of the Town Engineer, insofar as it affects other improvements within the street right-of-way.

3. Timing of installation. All underground utilities, water lines, sanitary sewers, and storm drains installed in streets, shall be constructed before the streets are surfaced. Connections to all underground utilities, water lines, and sanitary sewers shall be laid to sufficient lengths to avoid the need for disturbing the street improvements when service connections are made.

B. Utility easements. Where utility easements are required by the review authority, the easement shall comply with the following standards.

1. Minimum width. The minimum width of easements for public or private utilities, sanitary sewers, or water distribution systems shall be determined by the review authority based on the recommendations of the Town Engineer for Town facilities, and the recommendations of the applicable special district or utility company, for public or private utilities.

2. Overhead lines. Easements for overhead utility lines shall be located at the rear of lots where practical, and along the side of lots where necessary. Where practical, the poles supporting overhead lines shall not be installed within any street, alley, or easement designated exclusively for drainage purposes.

18.92.110 - Residential Density

The maximum number of dwelling units permitted within a proposed subdivision shall not exceed the number permitted by the applicable zoning district in Article II (Zoning Districts and Allowable Land Uses), and may be further restricted by considerations of safety, traffic access or circulation, the slope of the natural terrain, the physical suitability of the site, the nature or extent of existing development, the availability of public facilities, utilities, or open spaces or any other provision of this Development Code.

18.92.120 - Sewage Disposal

A. Sewage disposal requirements. The following types of subdivisions shall be served by and designed to provide connection to the Truckee Sanitary District and Tahoe Truckee Sanitation Agency sewage collection, treatment and disposal system:

1. A residential subdivision which proposes five or more parcels;

2. A residential subdivision which proposes four or fewer parcels, but follows the previous approval of one or more divisions of the same original single parcel from the date of Town incorporation, and has the effect of creating a fifth parcel; and

3. All nonresidential subdivisions except open space/environmental subdivisions.

B. On-site sewage disposal systems. Residential subdivisions of four or fewer parcels in areas without public sewer may be approved for the use of on-site sewage disposal systems, except as otherwise provided by Subsection A.2, above.

C. System design. The design and construction specifications of all sewage collection, treatment, and disposal systems shall be subject to the approval of the Truckee Sanitary District or the Nevada County Department of Environmental Health.

18.92.130 - Street Lighting

A proposed subdivision shall incorporate street lighting in compliance with the Public Improvements and Engineering Standards.

18.92.140 - Street Names

All streets within a proposed subdivision shall be named, and the names shall be approved by the review authority. Duplication of existing names within the Town shall not be allowed in a new subdivision unless the street is an obvious extension of an existing street.

18.92.150 - Storm Drainage and Watercourses

A. Drainage systems required. Subdivisions shall be provided storm drainage facilities as required by this Section, and the Public Improvements and Engineering Standards.

1. Performance and capacity. Subdivisions shall be designed to provide drainage systems to carry storm run-off both tributary to and originating within the subdivision to approved points of discharge, determined to be necessary by the Town Engineer on the basis of information and recommendations provided by the engineer for the subdivider. Drainage facilities shall be designed in compliance with the Public Improvements and Engineering Standards. Drainage system design shall avoid unnatural concentrations of storm water runoff and retain existing drainage courses wherever possible.

2. Culverts. Culvert design and construction shall comply with the Public Improvements and Engineering Standards.

3. Location of facilities. Drainage facilities shall be located within a street right-of-way or within public drainage easements.

4. Timing of installation. Any drainage structures required for the individual parcels of a subdivision shall be installed at the same time as drainage structures within street rights-of-way and other subdivision improvements.

B. Drainage easements. Required drainage systems shall be located within drainage easements delineated on the Final Map or Parcel Map, and the easements shall satisfy the following standards.

1. Offer of dedication. Drainage easements shall be offered for dedication in accordance with the Public Improvements and Engineering Standards.

2. Alignment of easements. The alignment of drainage easements shall conform to the meandering of the natural watercourse or to the alignment approved for the drainage system.

3. Width of easements.

a. Natural channels. A drainage easement for a natural channel is required where determined to be necessary by the Town Engineer. The width of drainage easements for natural channels shall be sufficient to include the 100 year flood plain, plus five feet on either side, but in no case less than 20 feet.

b. Constructed channels. The minimum width of any drainage easement for a closed conduit system shall be 10 feet and the minimum width for any open system shall be 20 feet.

18.92.160 - Traffic Safety Devices

Traffic control and safety devices shall be installed by the subdivider during subdivision construction as required by the review authority, to promote traffic control and safety both during construction, and after occupancy of the subdivision. Traffic control and safety devices shall include regulatory signs, warning signs, guide markers, construction signs, pavement markings, lane delineations, and traffic signals, as determined to be necessary by the review authority. Street name signs shall be installed at all public, private and public/private intersections in compliance with Section 18.92.140 (Street Names).

18.92.170 - Water Supply

A. Water supply requirements. Subdivisions proposing parcels of less than three acres shall provide water mains and services, installed to serve each parcel, and connected to the service facilities of the Truckee Public Utility District, the Glenshire Mutual Water Company, or the Donner Lake Water Company, as applicable.

B. On-site wells. Proposed parcels that are three acres or larger and proposed to be served by private wells shall comply with the water supply requirements of the Nevada County Department of Environmental Health.

C. Approval requirements. If any part of the water system is to be installed within a street right-of-way, the system location, including valve boxes, meter boxes, and fire hydrants and the system construction specifications shall be subject to the approval of the Town Engineer, and the location of fire hydrants shall also be approved by the Truckee Fire Protection District.

18.92.180 - Zoning Standards

Proposed subdivisions shall be designed to comply with all applicable provisions of Articles II (Zoning Districts and Allowable Land Uses) and III (Site Planning and General Development Standards) of this Development Code. For example, parcel boundaries proposed near existing structures shall comply with the setback requirements of Article II.