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HomeMy Public PortalAboutOrdinances-2018-423 DocuSign Envelope ID: EEA0DCF5-0A99-45DF-8E87-BAD5E70D675E CITY OF TIFFIN ORDINANCE NO. 2018-423 AN ORDINANCE TO AMEND THE CITY OF TIFFIN, IOWA, SUBDIVISION ORDINANCE NO. 1998-218, BY AMENDING CERTAIN PROVISIONS RELATING TO FINAL PLAT REQUIREMENTS , BE IT ENACTED by the City Council of the City of TiffinIowa: Section I. Purpose: The purpose of this ordinance is to allow for improvements to be completed prior to the approval of the final plat as set forth in the amendment to Article 5 of the Subdivision Ordinance. 5.12 PERFORMANCE BOND PERMITTED Section II. Amendment: Section ofthe Tiffin Subdivision Ordinance is hereby revoked and replaced with the following: 5.12 ESCROW PERMITTED In lieu of the requirement that improvements be completed prior to the approval of a final plat, the subdivider may deposit with the City an escrow equal to the cost of improvements plus ten percent (10%) thereof in cash. However, such approval of the plat shall not constitute final acceptance of any improvements to be constructed. Improvements will be accepted only after their construction has been completed. 5.13 REQUIREMENT OF THE FINAL PLAT Section III. Amendment: Section of the Tiffin Subdivision Ordinance is hereby amended as follows: 5.13 REQUIREMENTS OF THE FINAL PLAT The subdivider shall, within one (1) year from the date of approval of the preliminary plat, unless such time period has been extended, prepare and file with the City Clerk, twenty (20) copies of the final plat and required attachments, as set forth in this ordinance. Except for a final plat for a minor subdivision as set forth herein, no final plat shall be considered by the City Council until and unless a preliminary plat for the area included in the proposed final plat has been approved and has not expired and become void as set forth above. Copies of the Final Plat shall be distributed to the City Engineer and the City Attorney for their review, and upon completion of same, the City Engineer and City Attorney shall report the findings of their review to the City Council for its consideration regarding acceptance of the Final Play by resolution. All resolutions approving final plats shall be recorded by the subdivider, with copies of the recorded documents to be provided to the City Attorney. Extensions of time may be permitted in order to finalize and bring the final plat into compliance with this chapter and the recommendations of the City Engineer, City Attorney or City Staff. The final plat shall be drawn at a scale of one inch equals one hundred feet (1" = 100') or larger. Sheet size shall be no greater than eighteen inches by twenty-four inches (18" x 24") nor smaller than eight and one-half inches by eleven inches (8-1/2" x 11") and shall DocuSign Envelope ID: EEA0DCF5-0A99-45DF-8E87-BAD5E70D675E be of a size acceptable to the County Auditor. If more than one sheet is used, each sheet shall clearly show the number of the sheet, the total number of sheets included in the plat, and match lines indicating where other sheets adjoin. \[remainder of Section intentionally omitted and unchanged\] 5.13 U(ix)(a) REQUIREMENT OF THE FINAL Section IV. Amendment: Section PLAT of the Tiffin Subdivision Ordinance is hereby amended as follows: ix. S a. An agreement executed by the subdivider which agrees, as a covenant running with the land, that the City shall not issue a building permit for any lot in the subdivision until the subdivider installs the public improvements, except sidewalks, according to plans and specifications approved by the City Engineer and until the City Engineer approves subdivision erosion control measures. If the subdivider desires a building permit prior to installing the improvements, the owner must deposit with the City Finance Department an escrow equal to the cost of improvements plus 10 percent thereof in cash lots in the subdivision and collected on a per lot basis prior to the issuance of a building permit. Subdivider must further agree, as a covenant running with the land, that subdivider will install sidewalks abutting each lot in the subdivision as set forth in this Title, that the obligation to install the sidewalks remains a lien on the lots abutting the sidewalk until released by the City and that, in the event subdivider fails to install the sidewalk the City may install the sidewalks and assess the total cost against the property without meeting the requirements of notice, benefit or value required by State law for assessing improvements. 5.14 REVIEW; APPROVAL OR DISAPPROVAL Section V. Amendment: Section ofthe Tiffin Subdivision Ordinance is hereby amended as follows: 5.14 REVIEW; APPROVAL OR DISAPPROVAL A) Upon the filing of the final plat as set forth above, the City Clerk shall submit 11 copies of the final plat and the application to the appropriate City Departments for review as designated by the City Administrator; B) Said designee(s) shall examine the application, the plat, the construction plans, and the legal documents to insure compliance with the requirements of the City Code, State law, and the preliminary plat. C) The costs of the engineering examination of the final plat, construction plans, and any other engineering administration costs and fees incurred in conjunction with the final plat, shall be paid by the subdivider and shall be the actual costs of the engineering examination and review as incurred by the City. Ћ DocuSign Envelope ID: EEA0DCF5-0A99-45DF-8E87-BAD5E70D675E D) Upon completion of said review staff shall recommend approval or disapproval of the plat within 45 calendar days of the date the City received a complete application, or the final plat shall be deemed to be approved by the staff. The owner or subdivider may, however, agree, in writing, to an extension of time. E) digital version, a transparent reproducible copy and 8 prints of the revised final plat with the signatures of the surveyor and the respective utility companies to the City Clerk. F) After receipt of the recommendation of the staff or after the time of any extension, the City Council shall, by resolution, approve or disapprove the final plat. The City Council must take action on the final plat within 60 calendar days of submission of a complete application for a final plat to the City Clerk. If the City Council does not approve or disapprove the plat within 60 calendar days, the final plat shall be deemed approved. The owner or subdivider may, however, agree, in writing, to an extension of time. 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. nd On the 2 day of January 2018, at a regular/special meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Bartels introduced Ordinance No. 2018- 423, and moved that it be given its first reading. The motion was seconded by Councilperson Schnedler. Ayes: Peggy Upton, Al Havens, Jim Bartels, Mike Ryan, Eric Schnedler Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2018- 423, was read the first time, discussed, and placed on record. th On the 16 day of January 2018, at a regular/special meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Upton introduced Ordinance No. 2018- 423, and moved that it be given its second reading. The motion was seconded by Councilperson Bartels Ayes: Upton, Bartels, Havens, Schnedler Nayes: None Four members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2018- 423, was read the second time and discussed and placed on record. Ќ DocuSign Envelope ID: EEA0DCF5-0A99-45DF-8E87-BAD5E70D675E th On the 6 day of February 2018, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Ryan introduced Ordinance No. 2018- 423, and moved that it be given its third and last reading. The motion was seconded by Councilperson Bartels. Ayes: Upton, Bartels, Havens, Schnedler, Ryan. 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. 2018- 423 be adopted and signified his th approval of same by fixing his signature thereto. Passed by the Council on the 6 day of th February 2018 and approved by the Mayor on the 7 day of February 2018. CITY OF TIFFIN, IOWA By: __________________________________ STEVE BERNER, Mayor ATTEST: ______________________________________ ASHLEY PLATZ, City Clerk AN I, Ashley Platz, City Clerk of the City of Tiffin, Iowa, state that an ordinance entitled ORDINANCE TO AMEND THE CITY OF TIFFIN, IOWA, SUBDIVISION ORDINANCE NO. 1998-218, BY AMENDING CERTAIN PROVISIONS RELATING TO FINAL PLAT REQUIREMENTS and known as No. 2018-423 was duly passed by the Council thth on the 6 day of February 2018, and signed by the Mayor on the 7 day of February 2018, and th published on the 8 day of February 2018, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2018-423 in the following places: The Depot, Tiffin, Iowa Solon State Bank, Tiffin, Iowa _________________________________ Ashley Platz, City Clerk Ѝ