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HomeMy Public PortalAboutOrdinances-1991-173 • ORDINANCE NO. 1991-173 1. AN ORDINANCE AMENDING ORDINANCE NO. 1979-81 , SUBDIVISION REGULATIONS FOR THE CITY OF TIFFIN, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF TIFFIN, IOWA : Section 1 . Pur ose : The p purpose of this Ordinance is to amend Ordinance No. 197,9-81, Subdivision Regulations for the City of Tiffin, Iowa. � Section 2 . Amendments : Ordinance No. 1979-81 , an ordinance • enacting subdivision 'regulations for the City of Tiffin, Iowa, is amended as follows : A. Section 1 . is thereby repealed and the amended Section 1 shall read as follows : Section 1 . PURPOSE: The purpose of this ordinance is to enact regulations for the subdivision of land within the city limits, and within two (2) miles distance from the city ' s boundaries as authorized by Section 409A. 9 of the Code of Iowa (1991) , and by doing so, to provide for the harmonious and i orderly 'development of land within the jurisdiction of" the city, for regulation and control of the extension of public improvements, public services, and utilities, for adequate open spaces for traffic, light, and air, for distribution- of the population and traffic, all which is consistent with the Comprehensive Plan and favorable to the health, safety, and general welfare, and to provide for accurate and uniform procedures for division and ..use of land consistent with state law. B. Section 3 . is hereby repealed and the amended Section 3 shall read as follows : Section 3 . ESTABLISHMENT OF CONTROL (a) A plat 'br replat of a subdivision of land located within the city are subject to control of the city pursuant to Section 409 . 9 of the Code of Iowa (1991) , shall be certified as approved by the mayor and city clerk and the same affixed to the , plat or 1 E I C)rc4 haknj-e Na. 17� 1 replat only after approval as hereinafter provided by, a resolution of the city council , unless it is a review a proposed auditor ' s plat as provided in Subsection (b) . (b) A plat of land located within the city limits or within two (2) miles distance from the city ' s boundaries submitted by the county auditor, acting; pursuant to Section 409A. 13 of the Code of Iowa (1991) , shall ' be filed • with the city clerk. The city clerk shall submit a copy of the proposed auditor ' s plat to each member' of the city council . Within 30 (thirty) days of filing the council shall review the plat, and if it .conforms to Chapter 114A of the Code of Iowa (1991) , the city council shall , by resolution, approve the plat and certify the resolution to be recorded with the plat. The city council may state in the resolution whether the lots within the auditor ' s plat meet the standards and conditions established by ordinance for -:. subdivision lots. The lots within S recorded auditor ' s plat and parcels within a recorded T plat of survey prepared under Section 409A.13 • of the Code of Iowa (1991) are individually .; subject to local regulations and ordinances . Approval of an auditor ' s plat does n'ot impose any liability on the city councilor the City of Tiffin to install or maintain public improvements or utilities within the plat. Approval of an auditor ' s plat by the city council does not constitute a waiver of ordinances requiring a subdivision plat. C. Section 4 (s) .( ) . is hereby repealed and the amended Section 4 shall read as follows : (a) No building permit shall be issued for any lot in a subdivision which has not received, final approval under the provisions of Section 12 of this ordinance, or which has received final approval under the provisions of Section 12 of this ordinance 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 2 I1 erciirovice uo. 173 • permit shall be issued without compliance with the improvement requirements of this ordinance. D. Section 8 (b) is hereby repealed and the amended Section 8 (b) shall read as follows : • The preliminary plat shall be drawn in conformance with the provisions of Section 114A. 8 and Section 409A. 6 of the Code of Iowa (1991) , and shall be drawn to the scale of one (1) inch to 100 (One Hundred) feet; said plat to show: , E. Section 12 (b) is hereby repealed and the amended Section 12 (b) shall read as follows : The plat shall be . drawn in conformance with the provisions of Section 114A. 8 and Section 409A. 6 of the Code of Iowa (1991) , and shall be -drawn to the scale of one (1) inch to 100 (One Hundred) feet and submitted showing the basic information required below. F. Section 13 is hereby repealed and the amended Section 13 shall read as follows : Section 13 . ADDITIONAL REQUIREMENTS. The final plat shall also be accompanied by the following instruments : (a) A statement by the proprietors and .their spouses , if any, that the plat is prepared with their free consent and in accordance with their desire, signed, and acknowledged before an officer authorized to take the acknowledgement of deeds . The statement by the proprietors may also include a dedication to the public of all lands within the plat that are designed for streets, alleys, parks, open areas , school property, or other public use, if the dedication is approved by the governing body. (b) A statement from the mortgage holders or lienholders, if any, that the plat is prepared with their free consent an a ;;, in Ar accordance with their desire, signed,Sand acknowledged before an officer authorize® ao 3 d rr- Ct ;:._,!I } Otl'e4 t now--e t■►O. 7J7 take the acknowledgment of deeds . An affidavit and bond as providedI for in subsection -(eVmay be recorded in lieu of the consent of the mortgage or, lienholder. When a mortgage or lienholder consents to the subdivision, a release of mortgage or lien shall be recorded for any areas conveyed to the governing body or dedicated , to the public. I ' (c) An opinion by an attorney-at-law who has examined the abstract of title ofithe land being platted. The opinion shall 'state the names of the proprietors and holders of mortgages , liens , or other encumbrances on the land being platted and shall Inote the encumbrancs , along with any bonds ] securing the encumbrances. Utility easements shall not be construed to be encumbrances for the purpose of this section., } (d) A certificate of the treasurer ithat the land is free from certified taxes and certified special assessments or 'that the land is free from certified taxes and that "" the certified special assessments are secured by bond in compliance with subsection (e) . A subdivision plat which includes no land set apart for., streets, alleys, parks, open areas, school property, or public use other than utility easements, shall be accompanied by the documents listed in'subsections 1(a) , (b) , and (c) and a certificate of the treasurer that the land is free from certified taxes other than certified special assessments. (e) A bond in double the amount of the lien shall be secured and recorded if; a lien exists on the land included in a subdivison plat and the required consent , of the lienholder is not attached for one of the following reasons : 1. The lienholder cannot be found, in which case an affidavit by the proprietor' stating that the lienholder could not be found shall be recorded with the bond. 4 i V . 173 2 . The lienholder will not accept payment or cannot, because of the nature of the lien, accept payment in full of the lien, in which case an affidavit by the lienholder stating that payment of the lien was offered but refused shall be recorded with the bond. The bond shall run to the county and be for the benefit of purchasers of lots within the plat and shall be conditioned for the payment and cancellation of the debt as soon as practicable and to hold harmless purchasers or their assigns and the city council from the lien. (f) A certified statement from the county + auditor that the name or title of the subdivision plat is approved by the county auditor. (g) A petition `signed by the owner and his/her spouse petitioning the city council to pave any streets abutting such subdivisoin , 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 subdivision required by this chapater 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 sidewalks shall be installed within one year of the date of final approval of the subdivision and in the event said installation has not been done that the owner waives all statutory requirements of notice of time and place and hearing and waives statutory protections and limitations as to cost and assessment and agrees that the city may install such sidewalks and assess the total cost thereof against such real estate, or f 5 f ' La vyl oce k(o, 173 (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 the prel'iminary plans for the construction 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 sidewalks , 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) percent 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 ra: 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) percent, land the amount of the estimate must be approved by °?' the city engineer. If the improvements are ; not completed within the specified time, the council may use the bond or any necessary portion thereof to complete the samel, 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 services 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 subdivision shall be approved in which the developer proposes to request that the 6 i, oaf ocP NI o. 173 city construct such improvements, pursuant to a special assessment program, except for the provisions of subparagraph g of this section as to streets abutting the 1 subdivision which may be done by assessment method. Section 3 . Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby 'repealed. Section 4. Severability. If any section, provision, or part of this Ordinance shall be adjudged to be invalid or uncon- stitutional , 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 5 . Effective Date. This Ordinance shall be in effect after its final passage, approval , and posting as provided by law. On the 23rd day of October , 1991 at a regular meeting of the Tiffin City Council , Tiffin, Iowa, Councilperson Bartels introduced Ordinance No. 1991-17 and moved that it be given its first reading. The motion was seconded by Councilperson Brown Ayes : Stoner, Brown, Bartels, Stratton and Morgan Nayes : None Five members of the council being present and having voted "Aye" , Mayor Glenn R.Potter declared Motion carried, and Ordinance No. 747as read the first time and discussed and placed on record. Thereupon, it was moved by Councilperson Stratton and seconded by Councilperson Brown that the laws and rules providing that ordinances be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended and dispensed with and that Ordinance No.1991-173be placed on its last reading. Ayes : Brown, Stoner, Stratton, Morgan and Bartels Nays : None. Five members of the council being present and having voted "Aye" , Mayor Glenn R. Potter thereupon declared the motion to be carried, and Ordinance No. 1991-173was then placed upon its last reading and was read theslast time. 7 I t A.1'i° 1S'�'°.st : ,:'1,14-x 'x .: 04!, ... I I (('CI 1 110. v■cP (VC. °(-7.-3' I Thereupon, it was moved by Councilperson !: Stoner' and seconded bye' Councilperson Stratton z that Ordinance No.1991-173,be placed upon its, final passage and adopted . i Ayes : Morgan, Brown, Bartels, Stratton and Stoner _ Nays : None. • ,I. Five members of the Council being present and having voted "Aye" , Mayor Glenn R. Potter dec_lared the motion carried, and the Ordinance passed and adopted. Whereupon. the Mayor declared that Ordinance No.1991-173 be Aadopted and signified his approval of the sameiby fixing his signature thereto. I Passed by the Council on the 23rd day of October _, x. 1991 and approved by the Mayor on the 23rd day of. October 1991 . 1 . _ (z I/2A • MAYOR, Glenn R. Totten 'TTEST : . .1 i. - i: " i '--'7)(----7—. ./ . '1 CI Y IERK, Margdret B. Reihman ■ _ / + I / `,JClerk of the City of Tiffin, I'owa,' state that an -Ordinance entitled An, Ordinance Amending Ordinance No. 1979-81., Subdivision Regulations for the City of Tiffih,f Iowa. . and known as 1991-173 was duly passed by the Council on the 23rd day of ., October , 1991 and signed by: the Mayor on the 23rd day of October , 1991 and publi1shed On the 30th day of November , 1991 by posting copies thereof in three 'public places within the limits of the City of !Tiff-in Iowa. C' That I posted copies of Ordinance No.. 1991-173 in ,the following places : Mayor's Office a a Tiffin United States Post Office i Morgan's Service r; 1.I<<v%bu,•J f-InrJ,unr-c, .� ��lG4 '.gAA A ('''-) /( )/7 ' Margaret B. Rei a.d , CITY LERK i 1 1 . 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