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Home My Public Portal AboutOrdinance- 2017-397 DocuSign Envelope ID: 7E8AE5FC-A2BD-44CB-8DF1-F13EE7D77DAB CITY OF TIFFIN ORDINANCE NO. 2017-397 AN ORDINANCE TO AMEND THE CITY OF TIFFIN IOWA SUBDIVISION ORDINANCE NO. 2012-319, TO ADD PROVISIONS REGARDING PLATS OF SURVEY. BE IT ENACTED by the City Council of the City of Tiffin, Iowa: Section I. Purpose: The purpose of this ordinance is to amend Section 1.03, Section 2.01, Section 5.04, and add Section 5.15 of the City of Tiffin, Iowa Subdivision Ordinance No. 2012-319, to include provisions regarding use of plats of survey. Section II. Amendment: Section 1.03 of the City of Tiffin, Iowa Subdivision Ordinance No. 2012-319 is hereby amended as follows: 1.03 APPLICATION A. Every owner of any tract or parcel of land who has subdivided or shall hereafter subdivide or plat said tract or parcel into two (2) or more parts, (excepting acquisition plats as defined in Section 2.01.1) for the purpose of laying out an addition, subdivision, building lot, or lots, acreage or suburban lots within the City or within the area of the Fringe Area Agreement with Johnson County, Iowa, shall cause plats of such area to be made in the form, and containing the information, as hereinafter set forth before selling any lots herein contained or placing the plat on record. The City of Tiffin is granted the authority to review said proposed subdivisions outside the city limits by Section 354.9 of the Code of Iowa and the Fringe Area Agreement with Johnson Count, Iowa. B. Subdivision of land using a Plat of Survey may be allowed and processed as provided for in Sections 5.04 and 5.15 of this Ordinance. Section III. Amendment: Section 2.01(30) of the City of Tiffin Iowa Subdivision Ordinance No. 2012-319 is hereby amended as follows: DocuSign Envelope ID: 7E8AE5FC-A2BD-44CB-8DF1-F13EE7D77DAB 2.01 TERMS DEFINED 30. "Plat of sSurvey" means the graphical representation of survey of one or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a licensed professional land surveyor. Section IV. Amendment: Section 5.04 of the City of Tiffin Iowa Subdivision Ordinance No. 2012-319 is hereby amended as follows: 5.04 SUBDIVISION CLASSIFIED Any proposed subdivision shall be classified as follows, and according to the provisions of the Fringe Area Agreement with Johnson County where applicable. A) Minor Subdivision: Any subdivision that contains not more than three (3) lots fronting on an existing street or private drive and that does not require state permit approval for construction of any public improvements, and that does not adversely affect the remainder of the parcel shall be classified as a minor plat. B) Major Subdivision: Any subdivision that, in the opinion of the City Council, does not for any reason meet the definition of a minor subdivision, shall be classified as a major subdivision. C) Plat of Survey: A Plat of Survey may be used for the Subdivision of land with the approval of the City Engineer and City Administrator for one of the following purposes: 1) To convey a single parcel of property prior to future improvement of that parcel from its existing state. 2) For the purpose of vacating public Right-of-Way. 3) To allow for the reconfiguration of the boundary line between abutting tracts, lots or parcels that results in conveyance of less DocuSign Envelope ID: 7E8AE5FC-A2BD-44CB-8DF1-F13EE7D77DAB than 1,000 square feet of land, and does not result in a parcel being nonconforming or more nonconforming. 4) Other situations as determined appropriate by the City Engineer and City Administrator. The improvement of land from its existing state or division of Lots created by using a Plat of Survey shall not be allowed except as provided for in the preliminary and final plat provisions of this ordinance. Section V. Amendment: Section 5.15 of the City of Tiffin Iowa Subdivision Ordinance No. 2012-319 is hereby added: 5.15 PROCEDURES AND SUBMITTAL REQUIREMENTS FOR PLATS OF SURVEY A. The Applicant shall submit five copies of a proposed Plat of Survey to the City Administrator that is in conformance with the requirements of a Plat of Survey as set forth in the Code of Iowa and the ordinances of the City of Tiffin. B. Review and Approval Procedure. 1) The City Administrator and City Engineer shall review the submittal for compliance with the requirements of a Plat of Survey, the zoning and subdivision ordinances, and all other applicable ordinances. Comments shall be returned to the Applicant. 2) Following notification from the City, the Applicant shall provide five copies of a revised Plat of Survey, if required, to the City Administrator. 3) Following approval by the City, the Administrator shall attach written approval to the Plat of Survey, and the Applicant may proceed with recordation of the Plat of Survey. 4) Following receipt of a notice of disapproval from the City, the Applicant shall not proceed with the division of the land DocuSign Envelope ID: 7E8AE5FC-A2BD-44CB-8DF1-F13EE7D77DAB included in the Plat of Survey, unless the requirements of this Ordinance are met. Section VI. Repealer. All ordinances or parts of ordinance in conflict with the provisions of this Ordinance are hereby repealed. Section VII. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VIII. When Effective. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. On the 21s' day of February 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Upton introduced Ordinance No. 2017-397, and moved that it be given its first reading. The motion was seconded by Councilperson Bartels. Ayes: Upton, Bartels, Havens, Ryan, Kahler Nays: None Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2017-397 was read the first time, discussed, and placed on record. On the 7th day of March 2017, at a regular/special meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Kahler introduced Ordinance No. 2017-397, and moved that it be given its second reading. The motion was seconded by Councilperson Upton. Ayes: Bardes, Havens, Ryan, Kahler, Upton Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2017-397,was read the second time and discussed and placed on record. Motion to suspend requirement to Pass Ordinance on Two Considerations before Final Passage as stated by Iowa Code Section 380.3 by Havens. Second by Bartels. All ayes, motion carried. DocuSign Envelope ID: 7E8AE5FC-A2BD-44CB-8DF1-F13EE7D77DAB On the 7th day of March 2017, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Ryan introduced Ordinance No. 2017-397, and moved that it be given its third and last reading. The motion was seconded by Councilperson Upton. Ayes: Bartles, Havens, Ryan, Kahler, Upton Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and the ordinance was passed and adopted. Whereupon the Mayor declared that Ordinance No. 2017-397 be adopted and signified his approval of same by fixing his signature thereto. Passed by the Council on the 7th day of March 2017 and approved by the Mayor on the 8th day of March 2017. CITY OF TIFFIN, IOWA: By: �kvt bt,vukr STEVE BERNER, Mayor ATTEST: �� DOUG BOLDT, City Administrator/Clerk I, Doug Boldt, City Administrator/Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE TO AMEND THE CITY OF TIFFIN IOWA SUBDIVISION ORDINANCE NO. 2012-319, TO ADD PROVISIONS REGARDING PLATS OF SURVEY and known as No. 2017-397 was duly passed by the Council on the 7th day of March 2017, and signed by the Mayor on the 8th day of March 2017, and published on the 8th day of March 2017, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2017-397 in the following places: The Depot, Tiffin, Iowa Casey's, Tiffin, Iowa Solon State Bank, Tiffin, Iowa Doug Boldt, City Administrator/Clerk