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.
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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 is thereby repealed and the amended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 is hereby repealed and the amended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
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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
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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 :
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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:
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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
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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.
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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
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(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
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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.
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Thereupon, it was moved by Councilperson !: Stoner'
and seconded bye' Councilperson Stratton
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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.
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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
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• MAYOR, Glenn R. Totten
'TTEST :
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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
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