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HomeMy Public PortalAboutOrdinances-1979-81 ORDINANCE NO. / 919-2/ AN ORDINANCE ENACTING -SUBDIVISION REGULATIONS FOR THE CITY OF TIFFIN, IOWA BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF TIFFIN: SECTION 1. PURPOSE. The purpose of' this Ordinance is to enact regulations for subdivision of land within the. city limits and within a two mile radius of the city' limits and by doing so to provide for the harmonious development of the city, of the coordination of streets within subdivisions with other existing or planned streets for adequate open spaces for traffic, recreation, light and air and for distribution of population of traffic-which will tend to create conditions favorable to health, safety and general welfare. SECTION 2. DEFINITIONS. For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows: . - Alley. A public, thoroughfare which affords only a secondary means of access to abutting property. Arterial street. A street intended for crosstown or through traffic. As-built construction plans. A detailed blue print showing the sanitary sewer, storm sewer, water lines and paving as they are actually installed in the subdivision with the respective .grades and dimensions on the blue print. Collector street. A street intended to carry vehicular traffic from residential streets to arterial streets. Commission. The planning and zoning commission of the City. Cul-de-sac. A local street closed at one end with a turn around. Lift station.. .A sewage pumping station that pumps wastewater to drain into available gravity sewers. -2- • Loop street. A local street which has two (2) intersections with another street; in so doing, has an alignment roughly in the shape of a "U", may have lots, on either side and no other street intersections except at the ends of the "U" . Separate tract. A parcel of land or a group of con- tiguous parcels of land under one ownership of the effective date of this Ordinance regulating -subdivisions. Street. A right-of-way dedicated to and accepted for the public use, which affords the principal means of access to abutting property. Subdivision. The division of a separate tract of and into three (3) or more lots or parcels for the purpose of transfer of ownership or building development, 'or, if a new street is involved, any division of a parcel of land. Turn around. A radial circular or loop drive at the termination end of a cul-de-sac permitting a vehicle to reverse its direction while continuing its forward, movement. SECTION 3. ESTABLISHMENT OF CONTROL. A plat or 'replat of a subdivision of land located within the city or subject to control of the city (under Code of Iowa, Sec. 409.14) , shall be certified as approved by the mayor and city clerk and the same affixed to the plat or replat only after approval as hereinafter provided by a resolution of the city council. SECTION 4. ISSUANCE OF BUILDING PERMITS RESTRICTED. (a) No building 'permit shall be issued for any lot in a subdivision which has received final approval under the provi- sions of Section 12 of this chapter wherein the improvements, with the exception of sidewalks, have not been installed and there is on record an agreement between. the developer and the city agreeing that no permit shall be issued without compliance with the improvement requirements of this chapter. (b) No more than two (2) building permits for each separate tract existing on the effective date of this Ordinance shall be issued unless the tract has been platted in accordance with the regulations of this chapter except that this provision shall not limit the number of building permits that may be -3- issued for accessory buildings or additions already existing on such tract. SECTION 5. CITY' S RIGHT TO INSTALL IMPROVEMENTS UPON SUBDIVIDER' S FAILURE TO DO SO. (a) In the event the subdivider, its assigns or successors in interest, should sell or convey lots in a subdivision with- out having had constructed or installed the pavement, water mains and sanitary sewers; or if the subdivider, its assigns • or successors in interest or the owners of the lots in such subdivision should fail to construct sidewalks, the city shall have the right to install and construct such improvements. and the costs of such improvements shall be a lien and charge against all the lots adjacent to or in front of which improvements are made and any lots which may be assessed for improvements under the provisions of Chapter 384 of the Code of Iowa. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by state law for, assessing such improvements. It is further provided that this require- ment to so construct such improvements is and shall remain a lien from date until properly released as hereinafter provided. • (b) When required improvements have been installed to the satisfaction of the city, it will immediately file in the office of the county recorder a good and sufficient release to various lots in- such subdivisions so that this section will not constitute a cloud upon the title of the lots in the subdivisioi SECTION 6. EXCEPTIONS. (a) Modifications of requirements. Where in the case of a particular proposed subdivision or plat thereof it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardship to the sub- divider because of unusual topography, excessive costs, or other such non-self-inflicted conditions or that these conditions would result in prohibiting the achievement of the objectives of these regulations, the city planning com- mission may vary, modify, or waive general requirements so that substantial justice may be done and the public in- terest secured; provided, however that, such variance,_ -4- modification; or waiver will not have the effect of nullify- ; ing the intent and purpose of this chapter. The commission may waive the requirements of the filing of a preliminary plat to allow the submission by the owner of a final plat for the approval of the commission and city council provided that such final plat shall contain all the requirements of both a preliminary and final plat. A (b) Unusual plats. This chapter shall not preclude the ap- proval of "cluster" , type subdivisions or subdivision designs of an unusual type, if, in the opinion of the planning and zon- ing commission, the general and aesthetic merit, the preser- vation of natural or topographic features, and the prospective enhancement of the community..would warrant the waiving of technical requirements as set forth in this chapter. (c) Council action. In all cases of a variance, modification, or a waiver of the general requirements, it will be necessary to have the city council approve the same and note this fact in the resolution approving the plat and subdivision. The council may also modify, vary or waive the general requirements' on its motion for good reason shown, even if the planning commission refused to do so. SECTION, 7. SUBMISSION OF PRELIMINARY PLATS. Whenever the owner of any tract or parcel of land within the corporate limits of the city or within two (2) miles thereof wishes to make a subdivision of the same, he shall submit to the clerk, twelve (.12) copies of a preliminary plat for approval. SECTION 8. ACCOMPANYING INFORMATION. The preliminary plats required to be submitted by Section 7 shall be accompanied by the following information. (a) A location map showing: (1) The subdivision name. (2) An outline of the area to be subdivided. (3) The existing streets and city utilities on adjoining property. (4) North point, scale and date. . ' -5- (b) The preliminary plat shall be drawn to'.the scale of one inch to 100 feet; said plat to show: (1) Legal description, acreage and name of proposed subdivision. (2) Name and address of owner. (3) Namesgof the persons who prepared the plat, owner' s attorney, representative or agent, if any, and date thereof. (4) North point and graphic scale. (5) Contours at five (5) feet intervals, or less. (6) Locations of existing lot lines, streets, public utilities, water mains, sewers, drain pipes, culverts, water- courses, bridges, railroads, and buildings in the proposed subdivision. (7) Layout of proposed blocks (if used) and lots including the dimensions of each, and the lot and block number in numerical order. . . (8) Location and widths, other dimensions and names of the proposed streets, alleys, roads, utility and other easements, parks and other open spaces or reserved areas. (9) Grades of proposed streets and alleys. (10) A cross section of the proposed streets showing the roadway locations, the type of curb and gutter, the paving and sidewalks to be installed. (11) The layout of proposed water mains and sanitary sewers. (12) The drainage of the land including proposed storm sewers, ditches, culverts, bridges, and other structures. (13) A signature block for endorsement by the clerk certifying the council' s approval of the plat. SECTION 9. FEES. The following fees are to be submitted with the preliminary plat: _(1) Fifty dollars base charge plus five dollars for lots 1-50 or portion thereof and two dollars for each lot in excess of 50. t -6- (2) Where combinations of preliminary plats, planned area developments and/or large scale 'residential developments are 4 filed as one plat, one hundred fifty dollars ($150. 00) plus one dollar ($1. 00) per lot and/or dwelling unit. SECTION 10. APPLICATION PROCEDURE. Immediately upon, the filing of the preliminary application as set out in Section 7 above, the city clerk shall submit one copy to the city attorney, two copies to the city engineer, one copy to the fire chief, one copy to the city council and seven copies to the 'planning and zoning commission. The city council shall cause the application 'to be examined in order to assure compliance with the requirements of, this ordinance. Upon= completion of their examination, the city attorney and city engineer shall file a written report of their recommenda- tions with the commission. The commission shall study the preliminary application and review the application of the owner and also review the reports of the city attorney and city engineer and shall approve or reject the application within thirty (30) days; however, the subdivider may agree to an extension of time. The council shall after receipt of the ,recommendation of the commission or after the time of extension thereof has passed for the commission, to file the recommendations, make tentative approval or rejection of such preliminary application, the same to be by resolution. SECTION 11. APPROVAL OF APPLICATION. The approval of a preliminary plat by the council does not constitute approval of the, subdivision but is merely an authorization to proceed with the preparation of the final plat. In the event the preliminary plat is approved and the final plat submitted does not deviate fro' the preliminary plat and inspection by the city reveals that all plans and specifications for the construction of improvements as required by the city have been met, the final plat must be approved unless both;:the city and the owner waive this require- -7- ment in writing. Approval of the preliminary plat shall be effective for a period of eighteen (18) months, unless upon written request of the subdivider, the council, by resolution grants an extension of time, and if the final plat is not filed with the clerk within the period of time specified above, all previous actions of the council with respect to • the plat shall be deemed null and void. SECTION 12. FINAL PLAT. The final plat shall meet the following specifications: (a) It may include all or. only a part of the preliminary plat (b) The plat shall be drawn to the scale of one inch to one hundred (100) feet and submitted showing the basic information required below. (c) A transparent reproducible copy and eight (8) prints of the final plat shall be submitted showing the following • basic information: (1) Accurate boundary lines, with dimensions and angles, which provide a survey of the tract, closing with an error of not more than one foot in ten thousand (10, 000) feet. (2) Accurate references to known permanent monuments , giving the bearing and distance from some corner of a lot • or block in the city to some corner of the congressional division of which the city, or the addition thereto', is a part. (3) Accurate locations of all existing and recorded streets intersecting the boundaries of the tract.' (4) Accurate legal description of the boundary. (5) Street names. (6) Complete curve notes for all curves included in the plan. (7) Street lines with accurate dimensions in feet and hundredths of feet with angles to street, alley and lot lines. (8) Lot numbers and dimensions. (9) Block numbers, if used. (10) Accurate dimensions for any property to be dedi- cated or reserved for public, semi-public or community use. (11) Location, type, material and size of all markers. • -8- (12) Name and address df the owner and subdivider. (13) North point, scale and date. (14) Certification by a registered land surveyor of the state. (15) Location and width of easements for utilities as determined by the public utility companies and any limitations " r of such easements. (16) Certification by the local public utility companies that the location of utility easements are- properly placed for the installation of utilities. . (17) Certification of dedication of streets and other public property and perpetual easements for the installation, operation, and maintenance of utilities. (18) A signature block for endorsement by the clerk certifying the council' s approval of the plat. SECTION 13. ADDITIONAL REQUIREMENTS. The final plat shall also be accompanied by the following instruments: (a) An opinion from an attorney-at-law showing that the fee title is in the proprietor and that the land platted is free from encumbrance, or is free from encumbrance, other than that secured by a as provided rovided in section 409 . 11, Code of Iowa. • (b) If the land platted is encumbered in the manner set out in section 409. 10 , Code of Iowa, there shall also be filed a certificate showing that an encumbrance bond in an amount double the amount of the encumbrance and approved by the recorder and clerk of the district court and which runs to the county for the benefit of the purchasers of the land subdivided has been filed with the recorder. (c) A certified statement from the treasurer of the county that it is free from taxes. (d) A certified statement from the clerk of the district court that the land platted is free from all judgments, attach- ments, mechanic's or other liens as appears by the record in his office. f . -9- (e) A certified statement of the county recorder that the title in fee is in such proprietor and that it is free from encumbrance other than that secured by the bond provided for in section 409 .11, Code of Iowa, as shown by the records of his office. (f) An acknowledged statement from the owner and his/her spouse, if any, that the -subdivision as it appears on the plat is with their free consent and is in accordance with the desires of the proprietor and his/her spouse. (g) A petition signed by the owner and his/her spouse petitioning the city council to pave any streets abutting such subdivision which petition waives notice of time and place of hearing and waives statutory protections and limitations as to cost and assessment. (h) A certificate bearing the approval of the city engineer stating that all improvements and installations in the sub- division required by this chapter have been made or: (1) Installed in accordance with the city specifications, with the exception of sidewalks and that the owner has executed an agreement as a covenant running with the land that the side- walks shall be installed within one year of the date of final approval of the subdivisions and in the event said installation has not been done that the owner waives all statutory require- ments of notice of time and place and hearing and waives statutory protections and limitations as to cost and assess- ment and agrees that the city may install such sidewalks and assess the total cost thereof against such real estate, or (2) A certificate bearing the approval of the city engineer stating that the improvements and installations in the subdivision have not been installed in accordance with the city specifications and that preliminary plans for the con- struction of such improvements have been submitted and that the owner has executed an agreement as a covenant running with the land that no building permit shall be issued for any lot of such subdivision until such improvements, with the exception of sidewalk; • -10- shall be constructed for such lot or the owner shall have deposited in escrow with the city clerk an amount equal to the cost of such improvements plus ten (10.) per cent thereof for the lot, or (3) A surety bond with the city which will insure to the city that the improvements will be completed by the subdivider or property owner within two (2) years after official acceptance of the plat. The form and type of bond shall be approved by the city attorney and the amount of the bond shall not be less than the amount of the estimated cost of the improvements plus ten (10) per cent, and the amount of the estimate must be approved by the city engineer. If the improve= ments are not completed within the specified time, the council may use the bond or any necessary portion thereof to complete the same, or, if option (2) or this option (3) is chosen, the final plat shall, state that the developer, its grantees, assignees, and successors in interest agree that public ser- vices including, but not limited to, street maintenance, snow, and ice removal, rubbish, refuse and garbage collection, will not be extended to such subdivision until the pavement is completed and accepted by the city. Alternatives (1) through (3) of this subparagraph (h) shall be exclusive and no subdivision shall be approved unless one of the foregoing alternatives has been approved and no,, sub- division shall be approved in which the developer proposes to request that -the city construct such improvement, pursuant to a special assessment program, except for the provisions of subparagraph (g) of this section as to streets abutting the subdivision which may be done by assessment method. SECTION 14. APPROVAL OR REJECTION OF FINAL PLAT. Immediatel' upon the filing of the final plat, the clerk shall submit one copy of the final plat and the application to the city attorney, two copies to the city engineer," one copy to school board, two copies to the planning commission and two copies to the city council. The city attorney and city engineer shall cause the plat application to be examined in order to insure compliance with the requirements of chapter. Upon completion of their • -11- examination, the city attorney and city engineer shall file a written report of their findings and their recommendations with the commission. The commission shall study the final plat and review the application of the owner and also review the reports of the city attorney and city engineer andshall approve or reject the plat within thirty (30) days after the submission thereof to the clerk by filing their recommendations ' with the clerk , the same to be by resolution. That i.f.lthe commission does not act within,c thirty (30) days the final plat .shall be deemed to approved by the commission, provided, however, that the subdivider may agree to an extension of . time. The council shall after receipt of the recommendation of the commission or after the time or any extension thereof as passed by the commission for the recommendations approve or reject such final plat, the same to be by resolution. SECTION 15 . STANDARDS AND SPECIFICATIONS FOR STREETS. Streets in new subdivisions shall conform to the following: (a) General considerations: (1) Intersections of more than two (2) streets at a point shall not be permitted. (2) Intersections of• street center lines shall be between eighty (80) degrees and one hundred (100) degrees. (3) No dead-end- streets_ and alleys' will be permitted except at subdivision boundaries on undeveloped areas. (4) The length of blocks shall be not less than four hundred (400) feet and not more than two thousand (2, 000) feet. The width of the block shall be sufficient to permit two (2) tiers of lots but in no case shall the width be less than two hundred — twenty (220) -feet. (5) Alleys shall be discouraged .in residential districts but shall ' be provided in commercial districts unless an alternate plan for service area is provided. (6) Corner: lots which abut on an arterial or. collector street shall have a minimum radius of fifteen (15) feet at the intersection. • -12- (7) Lots- with double frontage on front and rear shall be avoided, except in specific locations where good` platting indicates their use. (8) Side lines of lots shall approximate right angles to straight street lines and radial angles to curved street lines except where a variation will provide a better street and lot layout. For purposes of this subparagraph (8) , "approximate right angles" means angles between eighty (80) and one hundred (100) degrees. (9) Arterial arid collector streets in a subdivision shall extend through to the bondaries thereof. When an arterial., collector or local street shall extend to the boundaries of the subdivision, the developer shall provide, pursuant to the specifications of the city, for a connection of such streets with the improved_ portion of any roadway of any street outside the boundary of the subdivision which abuts the subdivision and which would connect with the street in the subdivision itself. Or, if such street is unimproved, such extension shall be to a point in the right-of-way of the abutting and connecting street, as determined by the director of the department of public ,works to be necessary for the public interest. (10) In the event arterial or collector streets are required in the subdivision, the city shall pay for the excess of pavement required over that required for a twenty- nine (29) foot local street. This excess shall be considered a strip in the center of the pavement. The cost of this shall be calculated by the city engineer' s office. The procedure of such cost-sharing shall be pursuant to the rules and regulations as prescribed by the city council. (b) Continuation and extension of arterial and collector streets. New subdivisions shall make provisions for continuation and extension of arterial and collector streets. -13- (c) Widths. All street widths shall be measured back-to-back of the curb. Widths shall be as follows: (1) Rights-of-way shall be provided as follows: a. Arterial streets, eighty (80) feet. b. Collector streets , sixty-six (66) feet. c. Local streets, sixty (60) feet. d. Culs-de-sac, one hundred (100) feet in diameter. e. Alleys, residential, sixteen (16) feet. f. Alleys, commercial or industrial. district, twenty (20) feet. (2) Pavements shall be provided as follows: a. Arterial streets, forty-five (45) feet. b. Collector streets, thirty-six (36) feet. c. Local streets, twenty-nine (29) feet. d. Culs-de-sac, shall be paved with a twenty-nine (29) foot wide paving the outer edge of which shall be fifteen (15) feet inside the circumference of the right-of-way and the inner.': edge of which shall be forty-four (44) feet from the circumference of the right-of-way. Culs-de-sac shall not exceed nine hundred (900) feet in length. A cul-de-sac shall be measured from the center line of the street from which it commences to the center of the turn-around. e. Alleys, sixteen (16) feet. f. Sidewalks, four (4) feet. (d) Grades. No street grade shall be less than one-half (z) of one per cent and shall not exceed the following limits: (1) Arterial streets, eight (8) per cent. (2) Collector streets, ten .-(10) per cent. (3) Residential streets, twelve (12) per cent. SECTION 16. STANDARDS AND SPECIFICATIONS FOR SEWER. (a) The subdivider shall provide the subdivision with a complete sanitary sewer system, including stubs, for each lot which shall connect with a sanitary sewer outlet approved by the city engineer. The sewer shall extend to the subdivision boundarie 1 -14- and beyond, as is necessary to provide for the extension of the sewers by adjacent property. Such sanitary sewer system as :provided by the subdivider shall hot contain lift stations to assist in the flow of the sewage unless a special variance is obtained from the city council upon a showing that there is no alternative to a lift station. (b) In the event that the- city requires a sewer system which is greater than is needed to service. the subdivision itself, the city shall pay on a pro-rata basis for the excess cost over That which is necessary to serve the subdivision itself. The subdivision shall not be approved, however, until the city has taken the appropriate legal action to either through assess= ment or issue bonds of general obligations bonds to cover the additional cost prorated to the city. SECTION 17. STANDARDS AND SPECIFICATIONS FOR STORM SEWERS. (a) The developer shall provide the subdivision with adequate drains, ditches, culverts , complete bridges, storm sewers, intakes and manholes to provide for the collection and the removal of all surface waters and these improvements shall- extend to the boundaries of the subdivision and beyond, so as to provide for extension by adjoining properties. (b) It is not intended that the city pay for the excess cost when the subdivider is required under Iowa Civil Law Rules to take care of the natural drainage as between adjoining lands, as this will still be a requirement of the subdivider to make sure that the subdivision properly takes care of all drainage water at no cost to the city. SECTION 18. STANDARDS'AND SPECIFICATION FOR WATER SYSTEM., (a) The developer shall provide the subdivision with a complete water main supply system, including hydrants, valves and all other appurtenances which shall be extended into and through the subdivision to the boundary lines and beyond as may be necessary and which shall provide for a water connec- -15- tion for lots and shall be connected to the municipal water system. (b) In the event that the city requires a water main to be greater in size than is needed to service the subdivision itself, then the city shall share in the expense thereof on a pro rata basis. The procedure of such cost-sharing' shall be pursuant to the rules and regulations as prescribed by the city council. SECTION 19. SIDEWALKS. A four (4) foot wide concrete sidewalk shall be provided and shall be located such that the line of the inner edge thereof shall be one foot from the property line, except that the city engineer may, upon application modify the location of such sidewalk within an area between the property line and a line running parallel to and four (4) feet in •distance from the curb. SECTION 20. MARKERS. An iron rod not less than one-half (1) inch in diameter and twenty-four (24) indhes in length shall be placed as, follows: (1) At the intersection of all lines forming angles in the boundary of the subdivision. • (2) At block and lot corners and changes in direction of block and lot boundaries. (3) At points of curves. SECTION 21. SPECIFICATIONS. The type of construction, the materials, the methods and standards of subdivision improve- ments shall be equal to the current specifications of the city for like work. Plans and specifications shall be submitted to the city engineer for approval prior to construction, and construction shall not be started until the- plans and speci- fications have been. approved. - SECTION 22. FINAL PLANS. The subdivider shall provide to the city engineer a transparent reproducible copy of the • • • -16- as-built construction plans. Said plans shall show in detail the sanitary sewer, storm. sewer, the water lines, and the paving as installed. The plans shall 'contain a signature block for the approval of. the city engineer and until said as-built construction plans with' the signature of the city engineer are filed with the city .clerk no building permit shall be issued for any lot in the subdivision. SECTION 23. INSPECTION. The city engineer shall cause the installation of all improvements in new subdivisions to be inspected to insure compliance with the requirements of 4 this chapter. The cost 'of such inspection shall be borne by the subdivider and shall be the actual cost of the inspec- tion of the city. SECTION '24. The Ordinance codified in this title may be amended from time to time by the city council. Such amendments as may be proposed shall first be submitted to the planning and zoning commission for study and recommenda- tion. The commission shall 'report within thirty (30) days, and failure to do so will be deemed approval of the proposed amendment. The amendment shall become. effective from and after its adoption and publication as required by law. REPEALER. All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance are hereby repealed. SEVERABILITY. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitu- tional, 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. WHEN EFFECTIVE. This ordinance shall be in effect after its final passage, approval, and publication, as provided by law. • • • • a < n a rt -17- Passed by the Council the day of 2'-5, 1979, and approved this 9th day of � 0A " , 1979. OR ATTEST: 2/ V441/ Clerk The foregoing ordinance 'entitled, AN ORDINANCE ENACTING SUBDIVISION REGULATIO S FOR THE CITY OF TIFFIN, IOWA, was published on theday of sVWV.,t,4 , 1979 , by posting copies thereof in three puic places within the limits, two of which places were the mayor' s office and the post office. (;_th-6-.4.3 <26 W&-k4,-) Clerk Councilman introduced the foregoing Ordinance which was then read to and duly considered by the Council. Its adoption was moved by Councilman Councilman '"/"Gl-ciaA.J and seconded by Councilman Gr _ On roll call Councilmen - w ti / AO voted "Aye" . Nays. Whereupon the Mayor declared the motion carried. Council- man then moved that the rule or law requiring three readings of this Ordinance on three different dates be dispensed with. On roll call, Councilmen voted "Aye" . Nays. The Mayor then declared this Ordinance duly passed and adopted on this ict2 day of 72,76LIA , 1979. '.Posted in three places within the corporate limit_ cif Tiffin, Iowa. .r Attest .Town ya r`.-o f = �� Tiff in S 9 -18- I, /- r ; 0:4 ei,y , Town Clerk of Tiffin, Iowa, do hereby certify that the above is a true and exact copy of Ordinance No. " /929- ? / passed by the Town Cou cil of Tiffin, Iowa, at a regular meeting held on the 9 day of `1 , 1979, as the same appears of record in myCfice. DATED this &'L' -day of , 1979. ace jdz ., Town Clerk of Tif in, Iowa • • • I