HomeMy Public PortalAboutOrdinances-1995-197 1
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CITY_ OF TIFFIN IOWA ORDINANCE NO. 1995- 197
AN ORDINANCE REPEALING ORDINANCE NO. 1979-81, AND ANY
AMENDMENTS THERETO, AND ADOPTING THE, FOLLOWING ORDINANCE FOR
THE CITY OF TIFFIN, IOWA, FOR REGULATING THE SUBDIVISION OF
LAND PRESCRIBING STANDARDS FOR SUBDIVISIONS AND FOR THE
IMPROVEMENT THEREOF, PRESCRIBING PROCEDURES FOR THE REVIEW
OF PROPOSED SUBDIVISION PLATS AND ESTABLISHING FEES
THEREFOR, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF •
SUCH -- ORDINANCE: THIS ORDINANCE IS IN CONFORMANCE WITH
CHAPTER 354 OF THE ,CODE OF IOWA. }
BE IT ORDAINED BY- THE CITY OF TIFFIN, IOWA.
Ordinance No. 1979-81, and any amendment's thereto, are
hereby repealed and following is hereby adopted:
ARTICLE I : GENERAL PROVISIONS :
1 : 01 Short Title :. This ordinance shall be known as
the "Subdivision Ordinance" of the City of• Tiffin, Iowa.
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1 . 02 Purpose : The purpose of this ordinance is to
provide minimum standards for the design, development and
improvement of all new subdivisions of land, so that
existing land uses will be protected, and. so that adequate
provisions are made for public facilities and services, and
so that growth occurs in an Orderly manner, consistent with
the Community Development Plan, and to promote the public'
health, safety: and general welfare' of the citizens of the
City of Tiffin, Iowa .
1 . 03 Application: Every owner of any tract or'parcel
of land who has subdivided or shall hereafter subdivide or
plat said tract or parcel into three (3) or more parts, .for
the purpose of laying out an addition, subdivision, building :k •
lot, or lots, acreage or suburban lots. within the City or
within two (2) miles from the corporate limits of the City,
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.
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1 . 04 Recording of Plat : No subdivision plat, or street
dedication within the City of Tiffin, Iowa, or within two
(2) miles of the Corporate limits -of the City, as , provided
in Chapter 354 . 9, Code of Iowa, shall be filed for record
with the County Recorder, or recorded by the County
Recorder, until a final plat of such subdivision, or street
dedication has been reviewed and approved in accordance with
the provisions of this ordinance .
Upon the approval of the final plat by the
Governing Body, it shall be the duty of the subdivider to
immediately file such plat with the County Auditor and
County Recorder, as required by law. Such approval shall be
revokable after thirty (30r days, unless such plat has been
duly recorded and evidence thereof filed with the City Clerk
within such thirty (30) days .
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1 . 05 Fees Established: The Governing Body shall, from
time to time establish by resolution, fees for the review of
• plats . No plat for any subdivision shall be considered
filed with the City Clerk, unless and until said plat is
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• accompanied by the fee, as established by resolution of the
Governing Body, and as required by this ordinance .
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1 . 06 Penalties : Any person or persons, as owner or
agent, who shall dispose of or offer for sale any lot or `
lots within the area of jurisdiction of this ordinance,
• until the plat thereof has been approved 'by the Governing
Body, and recorded as required by law, shall forfeit and pay
one hundred dollars ($100 . 00) for each lot or part of lot
sold, disposed of or offered for sale 'to the governing body
and will be subject to 30 days in jail, a $100 fine, or
both. Nothing contained herein shall in any way limit the
City' s, right to any other remedies available to the City for
the enforcement of this ordinance. These remedies include,
but are not limited to, the city' s ability to institute an
action for injunction, mandamus or other appropriate action
or proceeding to prevent any pending disposal or offer of
sale, or to prevent any further "disposal or offer to sale in
violation of this ordinance .
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1 . 07 Building Permit to be Denied: No ,building permit
shall be issued for construction on any lot, parcel, or
tract, where a. subdivision is required by the ordinance,
unless and until a final plat of such subdivision has been
approved and recorded' in accordance with this ordinance, and
until 'the. improvements required by this ordinance have been
accepted by the City.
;A building permit may be , issued without the
establishment of sidewalks in place . However, before any
occupancy of the subdivided property occurs, the subdivider
must install all sidewalks as required by this ordinance.
= ARTICLE II : DEFINITIONS
2 . 01 Terms Defined: For the purposes of this ordinance,
certain words herein shall be defined as and interpreted as
follows . Words used in the present* tense shall include the ,.
future, the singular shall include the—plural, the plural
shall include the singular, the masculine gender shall , ' I
include the feminine,:. the term -"shall" is always mandatory,
and the term "may" is permissive. a {
Acquisition plat means the ' graphical
representation of the division of land or rights in' land,
created as the result of a conveyance or condemnation for
right-of-way purposes by an agency of the government or
other persons having the power of eminent domain.:
2 . Aliquot part' means, a fractional part of a
section 'within the United States public land survey system.
Only the fractional parts one-half, one-quarter, one-half of
one-quarter, or one-quarter of one quarter shall, be
considered an aliquot part of a section.
3 . 1 Alley means public property dedicated to
public use primarily for vehicular access to the back or
side of properties otherwise abutting on a street .
4 . Auditor' s plat means a subdivision. plat
required by either, the auditor or the assessor, prepared by
`a surveyor under the direction of the auditor.
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5 . Block " means an area of land within a
subdivision that is entirely bounded by streets, railroad
rights-of-way, rivers, • tracts of public land, or the
boundary of the. subdivision.
6 . City Engineer means • the- professional engineer
registered in the State of Iowa designated as City Engineer
by the Governing Body or other hiring authority.
7 . Community Development Plan means the general
plan for the development of the community, that may be
titled master plan, Community Development Plan or some other
title, which plan has been adopted by the Governing Body.
Such "Community Development Plan" shall include, any part of
such plan separately adopted,, and any amendment to such plan
or parts thereof .
8 . ` Conveyance means an instrument filed with a
recorder as evidence of the transfer of title to land,
including any form of deed or contract :
9 . Cul-de-Sac means a street having one end
connecting to another street, and the other end terminated •
by a vehicular turn around.
10 . Division means dividing a tract or parcel of
.land into two parcels of land by conveyance or for - tax 1 -
purposes . .,The conveyance of an easement, other than public
highway easement, shall not be considered a division for the
purpose of this chapter.
11 . Easement means an authorization by a property
owner for another to use a designated, part of his property
for a specified purpose .
12 . Flood Hazard Area means any area subject to
flooding by a one percent (1%) probability flood, otherwise
referred to as a one hundred (100) year .flood; as designated
by the =Iowa National Resources Council or the Federal
Insurance Administration.
13 . Flood Plain Management Ordinance means an
ordinance regulating the development of all property located
within a flood plain as shown on the FEMA flood plain map
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for the City of Tiffin. The, Tiffin Flood Plain Management
Ordinance is ordinance #53 .
14 . Floodway means the channel of a river or
other watercourse and the adjacent lands that must be
reserved in order to discharge the waters of a one hundred
(100) year flood without cumulatively raising the waterway
surface elevation more than one (1) foot .
15 . Forty-acre aliquot part means one-quarter of
one-quarter of a section .
16 . Governing Body means the City Council of
the City of Tiffin, Iowa .
17 . Government lot means a tract, within a
section, that is normally described by a lot .number as
represented ' and identified on the township plat of the
United States public land survey system.
18 . Improvements means changes to land necessary
to prepare it for.,.building sites including but not limited
to grading, filling, street paving, curb paving, sidewalks,
walk ways, water mains, sewers, drainageways, and other
public' works and appurtenances .
19 . Lot means a tract of land represented and
identified by number or letter designation on an official
plat .
20 . Lot , Corner: The term "corner lot" means a
lot situated at the intersection of two streets .
21 . Lot , Double Frontage: The term " double
frontage lot" means any lot that is not a corner lot that
abuts two streets .
22 . Metes and bounds description means a
description of land that uses distances and angles, uses
distances and bearings , or describes the boundaries of the
parcel by reference to physical features of the land.
23 . Official plat means either an auditor' s plat
or a subdivision plat that meets the requirements of this
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chapter and has been filed for record in the offices of the
recorder, auditor, and assessor.
24 . Owner means the legal entity holding title to
the property being subdivided, or such representative or
agent- as is fully empowered 'to act on its behalf .
• 25 . Parcel 'means a part of a tract of land.
26 . Permanent real estate index number means a°
unique number or combination of numbers assigned to a parcel
of land pursuant to section 441 . 29 of the Code of Iowa .
27 . Planning Commission means the appointed
commission designated by the Governing Body for the purpose
of this ordinance, and may also be the zoning commission, in
which case such commission shall be known as the Planning
and Zoning Commission. .
28.. Plat means a map drawing, or chart on which a
subdivider' s plan for the subdivision of land is presented,
that he or she submits for approval and intends, in final
form, to record.
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29 . Plats Officer means the individual assigned
the duty to administer this ordinance by the Governing Body
or other appointing authority.
30 . Plat of survey 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 registered land surveyor.
31 . Proprietor means . a person who has a recorded
interest in land, including a person selling or buying land
pursuant to a contract, but excluding persons holding
mortgage, easement, or lien interest .
32 . Street means public property, not an alley,
intended for vehicular circulation. In appropriate context
the term "street" may refer to• the ' right-of-way bounded by
the property lines of such public property, or may refer to
the paving installed within such right-of-way.
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33 . Street, Arterial : The term "arterial
street" means a street primarily intended to carry traffic
from one part .of the City to another, and not intended to
provide access to abutting property..
34 . Street, Collector: The term "collector
street" means a street primarily designed to connect smaller
areas' of the community, and to carry traffic from local
streets to arterial streets .
35 . Subdivider means the owner of the property
being subdivided, or such other person or entity empowered
to act on the owrier ' s behalf .
36 . Subdivision means the division of land into
two or more parts for the purpose, whether immediate or
future, of transfer of ownership' or= building development .
The term, when appropriate to the context may refer to the
process of subdividing or to land subdivided.
37 . Subdivision plat means the graphical
representation of the subdivision of land, prepared by 'a
registered land surveyor, having a number or letter
designation for each lot within the plat and a succinct name
or title that is unique for the county where the land is
located.
38 . Surveyor means a registered land surveyor who
engages in the practice of land surveying pursuant to
chapter 114 of the Code of Iowa.
39 . Tract means an aliquot part of a section, a ,
lot within an official plat, or a government lot .
40 . Utilities means systems for the distribution
or collection of water, gas, electricity, wastewater, and
storm water.
ARTICLE III : IMPROVEMENTS
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3 . 01 Improvements Required: The subdivider shall, at
his or her expense, install and construct all improvements
required by this ordinance and the Technical Specifications
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of Tiffin and as shown on the preliminary plat within the
subdivision proper. All required improvements shall be
constructed in accordance with the `aforementioned design
.standards established for such improvements- and shall be
reviewed by the city and the City Engineer.
A) Urban Renewal Area Exception:
The City may consider waiving portions of Section
3 . 01 if all of the following circumstances exist :
1) The subdivision is located within an active
• urban renewal area eligible for tax increment reimbursement,
and;
2) The subdivider can demonstrate how the City' s
participation ,in cost sharing for improvements`' within the
subdivision will achieve the goals and objectives of the
urban renewal area, and;
3) The subdivider is prepared to offer the `City
an infrastructure improvement, property, or service that is
,equal or commensurate to the City' s financial contribution
and meets the stated goals and objectives of the City' s
Urban Renewal Plan.
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B) In some cases, there may be a need to extend
municipal utilities and services to the edge of a
subdivision. The City will decide on a case-by-case basis
as, to the financial responsibilities of the subdivider and'
the City regarding these utility and service extensions .
3 . 02 Inspection: All improvements shall be inspected
to insure compliance with the requirements of this ordinance
by: the City Engineer. The cost of such inspection shall be
borne by the subdivider and shall be the actual cost of the
inspection to the City.
3 . 03 Minimum Improvements: The improvements set forth
below 'shall be considered the minimum improvements necessary
to protect the public health, safety and welfare .
All of the minimum improvements mandated by this
section shall; be designed and constructed in accordance with
the requirements of this ordinance,, the, Tiffin Technical
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Specifications, and the minimum requirements of all
applicable state or federal regulatory agencies or
departments .
The subdivider must provide evidence of any and
all construction permits, highway or road easements and
access, or other appropriate documentation from state or
federal regulatory agencies prior to approval of the final
plat : Easements from all utility companies will also be
required.
The City reserves the right to request changes to
a proposed subdivision that may exceed the municipal
capacities for streets, sewer, water, or other services . In
this event , the City may request a proportional fee from the
subdivider, to be determined by the City and the City
Engineer, for required capacity improvements .
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A) Streets : General . The subdivider of land being
subdivided shall provide the grading of the entire street
right-of-way, alley or public place and provide appropriate
paving, including curb and gutter on all streets .
1) Under some circumstances the City may
require, as a condition for approval of the plat, dedication
and improvement of a street having a width greater than
necessary to meet the needs of the platted area, but
necessary to complete the City street system as it relates
to both the area being platted and Other areas . In such
event, the City will pay the subdivider the difference in
cost of improving the wider street and the street width
reasonable to meet the foreseeable needs of the subdivision
taken alone . The streets shall, upon final approval and
acceptance by the City, become the property of the City.
B) Sanitary Sewer System: General . The subdivider
of the land being platted shall make adequate, provision for
the disposal of sanitary sewage from the platted area with
due regard being given to present or reasonably foreseeable
needs . There shall be constructed, at the subdivider ' s
expense, a sanitary sewer system including all necessary
pumping stations , pumping equipment, sewer access holes, and
all other necessary or desirable appurtenances to provide
for the discharge of sanitary sewage from all lots or
parcels of land within- the platted area to a connection with
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the City' s sanitary sewer. The City' s role in reviewing the
} plans is to determine the sanitary sewer' ' s placement, size,
and route . 1
• 1) Under some circumstances the City may
require, " as ' .a condition for approval of the plat ,
installation of . a sanitary sewer that is larger than
necessary to meet the needs of the platted area, but
necessary to complete the City sanitary sewer system as it
relates to both the area being platted and other areas . In
such event , the City will pay . the subdivider the difference
in cost of pipe and installation between the larger sewer
and the diameter of sewer reasonable to meet the foreseeable
needs of the area .
2) The subdivider must provide evidence of
construction .permits from - the Iowa Department of Natural
Resources prior to approval of, the• final plat . -
3) The above mentioned facilities for the
collection and disposal of sanitary sewage from the platted
area shall, upon final approval and acceptance by' the City,
become the property of the City.
C) Storm Sewer System: The subdivider of land being
• platted ' shall install and construct , a storm sewer system
adequate to serve the area, including anticipated extension
of use to serve additional areas .
1) The storm water drainage system shall be
separated and independent of any sanitary sewer system. The
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acceptable standard for sizing storm sewers is to be a five-
year, 24 hour, storm event .
2) Inlets shall be provided so that surface
water is not carried across or around any intersection, nor
for a distance of more than six hundred (600) feeVt,. in the
gutter. Under some circumstances the City may require, as a
condition for approval of the plate, installation of a storm
sewer system that is larger than necessary to meet the needs
of the platted area, but necessary to complete, the City
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storm sewer system as it relates to both the area being
platted and other °areas . In such event, the City will pay
the subdivider the difference in cost of pipe and
installation {between the larger sewer and the diameter of
sewer reasonable to meet the foreseeable needs of the area .
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3) Storm sewer facilities shall be located in
the -road right-of-way where feasible, or in the perpetual
unobstructed easements of appropriate width.
4) In the storm sewer, design phase, the
subdivider shall study the effect of each subdivision on
existing downstream drainage facilities outside the area of
the subdivision. The subdivider' s drainage studies together
with such other studies as shall be appropriate shall serve
as a guide to needed `improvements . Where it is anticipated
that 'the additional runoff incident to the development of
the subdivision will overload an existing downstream
drainage facility, the Council may withhold approval of the
subdivision until provision has been made for the recovery
of the cost for the improvement of said potential condition
in such sum as the Governing Body shall determine . No
subdivision shall be approved unless adequate drainage will
be provided to an adequate drainage watercourse' or facility.
5) ,The' subdivider must document that adequate
storm detention is included in the storm .sewer design. This
may require work outside, of the proposed subdivision' s
boundaries ' which is the sole responsibility of the'
subdivider. The City may require this work to be undertaken
to protect surrounding properties as a condition for
approval ,of the subdivision.
• 6) The storm sewers shall, upon inspection,
approval and acceptance by the City, become the. property of
the city.
D) Water Main System: General: The subdivider of
land being platted shall install and construct ,a water main
system to adequately serve all lots or parcels of land
within the platted area, with due regard to the present and
reasonably foreseeable needs of the entire area, and shall
connect the same to the City' s existing water mains. The
minimum acceptable standard for watei main design will be
the same as the IDNR recommended fire flow of 250 GPM with
•20 psi residual .
1) The subdivider shall install: adequate water
facilities, ,and fire hydrants which shall be subject to City
specifications and shall be subject for review and approval
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by the Tiffin Fire Chief . The location of all fire hydrants
shall be shown on the preliminary plat . d
2) All Iowa Department of Natural Resources must
be secured prior to approval of the preliminary plat .
3) Under some circumstances the city may
require, as a condition for approval of the plat ,
installation of a, water main that is larger than necessary
to meet the needs of the platted area, but necessary to
complete the city water distribution system as it related to
both the area being platted and other areas . In such event
the City will pay the subdivider the difference in cost of
pipe and installation between the larger water main and the
diameter of water main reasonable to meet the foreseeable
needs of the area.
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4) The City' s inability to generate, treat, or
distribute water may be grounds for rejection of a proposed
subdivision. A proportional fee may be requested by the
City, from the subdivider, to pay -for the necessary upgrades
in the water system.
SY The water supply improvements shall, upon
inspection, approval, and 'acceptance by the City, become the
property of the City.
E) Other Improvements : The owner and subdivider of
the land being platted shall be responsible for the
installation of sidewalks within the street area; the
installation of erosion control measures, and the
installation of street lighting. All such improvements
shall be under the direction of the City Engineer.
3 . 04 . Easements Required:
A) Public Utilities : Where alleys are not provided,
or where otherwise required by the present or future
placement of public utilities, easements of not less than
ten (10) feet in width shall be granted by the owner along
rear, and where necessary, along side lot lines for public
utility requirements . Except where prohibited by
topography, such easements shall be centered on lot lines .
Easements ofgreater width may be required along lot lines,
or across, 'lots when necessary, for the placement and
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maintenance of utilities . No buildings or structures ;
except as necessary for utilities, shall be permitted , on
such easements . .All applicable utility companies must
approve the required easements prior to approval of the
final .plat .
B) Easements Along Streams and Watercourses :
Wherever any stream or surface watercourse is located in an,
area that is being subdivided, the subdivider shall, at his
own• expense, make adequate provisions for the proper
drainage of surface water and shall provide and dedicate to
the City an easement equal to the floodway along said stream
. or watercourse to ensure the proper maintenance of the
watercourse, as approved by the City.
3 . 05 Maintenance Bond Required:
The owner and subdivider of the land being platted
shall .be required to provide to the City, proper maintenance
bonds satisfactory to the City, so' as to insure that for a
, period of one (1)' year from the date of acceptance of any
improvement, the owner and subdivider shall be responsible
to maintain such improvement in good repair:
ARTICLE IV:
MINIMUM STANDARDS FOR THE DESIGN OF SUBDIVISIONS
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4 . 01 Standards Prescribed:
The standards set forth in this ordinance, shall be
considered the minimum standards necessary to protect, the
public health, safety, and general welfare. These standards
should also be considered in accordance with the
requirements of applicable state and federal agencies . In
the event that the City' s minimum standards should conflict
with applicable state and federal requirements, the .state
and federal requirements shall prevail .
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4 . 02 Land Suitability:
No land. shall be subdivided that is found to be
unsuitable for subdividing by reason of :flooding, ponding,
, poor drainage, adverse soil conditions, adverse geological
formations , unsatisfactory topography or other conditions .
likely to be harmful to the public health, safety or general
welfare, unless such unsuitable conditions are corrected to
the satisfaction of the City.
If land is found to be unsuitable for subdivision for
any of the reasons cited in this section, the Governing Body
shall state its reasons in writing and afford the subdivider '
an opportunity to present data regarding such unsuitability.
Thereafter, the Governing Body may reaffirm, modify or
withdraw its determination regarding such unsuitability.
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4 . 03 Lands Subject to Flooding:
No subdivisi on containing land located in a floodway or
a• flood hazard area shall be approved by the City unless is
demonstrated that the subdivision complies with all
requirements of the Tiffin Flood Plain Management Ordinance .
No lot shall be located so as to include land located within
a floodway or flood hazard area unless the lot is of such
size and shape that' it will contain a buildable area, not
within the floodway or flood hazard area, suitable for
development as allowed by the zone in which the lot is
located. Those .areas subject to flooding shall be
determined by, the U. S . Federal Emergency Management Agency
(FEMA) flood plain map for the City of Tiffin. -
Land located within a flood hazard area or a floodway
'may be included within a plat as follows, subject to the
approval of the City.
A) Included within , individual lots in the
subdivision, subject to .the limitations of this section.
B) Reserved as open space for recreation use by all
, owners of lots in the subdivision, with an appropriate legal
instrument, approved by the City, providing for 'its care and
maintenance -by such owners .
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C) I If acceptable to the City, dedicated to the City
as public open ' space for recreation or flood control
purposes .
4 . 04 PlaE to''Conform- to Community Development Plan:
The arrangement, character, extent, width, grade
and location of all streets shall conform to the technical
specifications for such streets as approved by the City
Council ., The general nature and extent of the 'lots and uses
proposed shall conform to the Community Development, Plan of
the City, provided such plan has been adopted by the City;
and shall conform to such other plans, including but not
limitedjto a Major Street Plan, a Sanitary Sewer System
Plan, or a Parks and Open Space Plan, provided such plan- has
been adopted by the City. „,
4 . 05 Construction Standards for Improvements :
In addition' to the Standards . set forth in this
ordinance the City Engineer shall from time to time prepare,
and thel Governing Body shall from time to time adopt by
resolution, technical standards for public improvem ents .
Such technical standards for public improvements shall
contain l the minimum acceptable specifications for the
construction of public improvements . Such technical
standards may vary for classes of improvements, giving due
regard to the classification of streets or other
improvements , and the extent and character of the area
served by the improvements .
Upon adoption, by the Governing Body by resolution, such
technicall
standards for public .improvements shall have such
force and effect as if they were fully set forth herein.
4 . 06 Street Standards :
A) General : The following standards shall apply to
all streets to be located within the subdivision:
1), Streets shall provide for the continuation of
arterial and collector streets from adjoining platted areas,
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and the extension. of such streets into adjoining unplatted
areas . Where a plat encompasses, the location for an
arterial o`r collector street 'proposed in the Community
Development Plan or the Street Plan, the plat shall provide
for such street .
2), Street grades shall align to existing
streets, and all grades for streets shall be as approved by.
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the City.
3) Arterial streets shall be located so as to
not require direct access from the arterial street to
abutting lots .
4) Street right-of-way widths and pavement
widths shall be as specified in the technical standards for
public improvements . •
5) Half-streets are prohibited, except, where an
existing platted half-street abuts the subdivision, a
platted half-street to complete the street shall be
required. w •
6) Local streets should- be designed to
discourage through traffic while safely connecting to
collector or arterial streets .
7) Street jogs with centerline offsets of less
than (125) one hundred twenty five feet shall be prohibited,
except where topography, or other physical conditions make
such jogs unavoidable .
8) Streets shall intersect as nearly at right
angles as possible; 'and no street shall intersect any other
street at„ less than sixty (60) .degrees .
9) At intersections of major streets, and
otherwise as necessary, lot corners abutting the.
intersection shall be rounded with a radius sufficient to
provide necessary space within the right-of-way for
sidewalks, traffic control devices, and. other necessary
improvements without encroachment onto the corner lots .
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10) Dead end streets- are prohibited, except where
a street is planned to continue past the subdivider ' s
property, a temporary dead end may be allowed.
11) Streets that connect with other, streets, or
loop streets, are preferable for maintenance, fire
protection, and circulation, but cul-de-sacs may be
permitted if there are no other feasible alternatives
available . Cul-de-sacs should not exceed 400 feet in length
unless a greater- length is unavoidable .
12) In general, alleys shall not be permitted in
residential areas and shall be required in commercial areas
with normal street frontage.. Dead end alleys are
prohibited, unless provided with a turn-around with a
minimum right-of'"way diameter of one hundred (100) feet .
13) Alleys shall. have a right-of-way of not less
than twenty (20) feet and a roadway width of not less than
sixteen (16) feet .
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14) When a tract is subdivided into larger than
normal lots or parcels, such lots or parcels shall be so
arranged as to permit the logical location and opening of
future streets and adequate utility connections . Easements
for the future openings and extensions for such streets or
'utilities may, at the discretion of the Governing Body, be
made a requirement of the plat .
15) Streets that are or will become extensions of
existing streets shall be given the same name as the
existing street's . New street names shall ndt be the same or
sound similar to existing street names . All street names
Shall be at the approval of the Governing Body.
16) Private streets shall be prohibited. The
Governing Body may approve a variance to this rule where
unusual conditions make a private street desirable, provided
adequate covenants or other legal documents ensure that the
City will not have or need to assume any maintenance or
other responsibility for such street .
B) Minimum Roadway and Right-of-Way Standards
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1) Municipal Arterial streets shall have a
right-of-way width of not less than eighty (80) feet and a
roadway width 'of not less than thirty-one (31) feet .
2) Municipal collector streets shall have a
right-of-way width of not less than sixty-six (66) feet and
a roadway width 'of not less than twenty-nine (29) feet .
3) Municipal local streets shall have a right-
of-way width of not less than sixty (60)° feet and a roadway
width of not less than twenty=five (25) feet .
4) Cul-de-sacs shall meet all the requirements
for local streets and, in addition, shall provide a turn-
. around with the outer edge of paving at a 35-foot radius and
the ri"ght-of-way at a 50 foot radius .
C) Street grades , wherever feasible, shall not exceed
the following:
1) Municipal arterial streets - eight percent
(80)
2) Municipal collector streets - ten percent
(100)
3) Municipal local streets - ten percent (100)
4) All changes in street grade shall be
connected by vertical curves of minimum length in feet equal
to twenty (20) times the algebraic difference in percents of
grade .
5) No street grade shall be less than one-half
(1/2) of one percent, unless extreme conditions warrant.
D) Street Surfacing and Improvements . After sewer,
water and other utilities to be located underground within,
the right-of-way have been installed by the subdivider, the
subdivider shall construct a concrete roadway with integral
curb and gutter to the following standards :
E) Minimum Standards .
- Minimum 4" rock base or equivalent subgrade
for all streets .
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Local Streets
Minimum 6" Portland Cement Concrete roadway
with integral curb and gutter for local streets .
Collector Streets
- Minimum 7" Portland Cement Concrete roadway
with integral curb and gutter for collector streets .
Arterial Streets*
Minimum 9" Portland Cement Concrete roadway
with integral curb and gutter for collector streets .
1) All concrete to be Portland Cement Concrete
conforming to IDOT C-3 mix standards, ASTM C143 consistency
standards , and other standards as prescribed by the City of
Tiffin Technical Specifications .
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2)` Any roadway constructed for commercial or
industrial use are to be constructed to meet the minimum
recommended standards of the Iowa Department of
Transportation, and are to be reviewed by the City Engineer.
*Thickness requirements for arterials are intended as a
guide only. Specific projects will be designed on the basis
of soil conditions and projected traffic loading.
5) The developer' s engineer shall make a minimum
of one set of concrete test cylinders for each 1, 009 square
yards of , paving but no less than one set per day. A test
set shall consist of three test cylinders . Slump and air
content tests shall be made and the results recorded along
with appropriate test cylinder information. Cylinders shall
be laboratory cured, and conform with ASTM specification C31
and C39
6) The 'subgrade shall be scarified to a depth of
8 inches below the pavement, and compacted to 900 of
Modified Proctor Density.
' F) Railroads and- Limited Access Highways : Railroad
right-of-ways. and limited access highways where so located
as to affect the subdivision of adjoining lands shall be
treated as follows,:
1) In residential districts a buffer strip at
least one-hundred (100) feet in depth in addition to the
normal depth of .,the lot required in the district shall be
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provided adjacent' to the railroad right-of-way, or limited
access highway. This strip shall be part of the platted
lots and shall be designated on the plat : "This strip is
reserved for screening. The placement of structures hereon
is prohibited. "
2) In districts zoned for business, commercial ,
or industrial uses the nearest ,street extended parallel or
approximately parallel to the railroad shall, wherever
practicable, be at a sufficient distance therefrom to ensure
suitable depth for commercial or industrial sites .
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3) Streets parallel to, the railroad when
intersecting a street which crosses the railroad at grade
shall, to the extent practicable, be at a distance of at
least 'two-hundred- twenty five (225) feet from the railroad
right-of-way. Such distance `shall be determined with due
`consideration of the minimum distance required for future
separation of grades by means of appropriate approach
gradients .
G) Sidewalks . The following design standards
shall apply to all subdividers .
1) Sidewalks shall be a minimum of four (4) feet
in width except in the Central ;Busihess District or in other
areas specifically approved by the Governing Body of the
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City where the width may be greater. Sidewalks shall be
located one foot from the property line within the dedicated
non-pavement right-of-way of all streets .
2)' All sidewalks shall slope to the street at a
rate of 1/4 inch per foot . The street edge of' the sidewalk
surface shall be located above the curb a minimum of six (6)
inches .
3) Sidewalks shall be, constructed of four' (4)
inch thick nonreinforced Portland Cement Concrete with 3 , 500
psi strength.
4) Sidewalks crossing driveways shall be
constructed of six (6). inch nonreinforced Portland Concrete
Cement Concrete .
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r . Sidewalk ramps . All sidewalks shall provide
a curb ramp for accommodation of the handicapped at all
intersections . Curb ramps shall be located in line with the
public sidewalk. Curb ramps shall comply with all
requirements for said ramps as set forth in the "Americans
With Disabilities Act . " Ramps shall be sloped from the
sidewalk intersection to the curb.
H) Driveways . The following standards shall apply to
residential driveways :
1) A single driveway shall be twelve (12) feet
in width at street .
2) A double driveway shall be twenty-four (24)
feet in width at the street .
3) Residential driveways shall be 6" thick • .
nonreinfarced Portland Cement Concrete with the same
strength and mix requirements as the adjoining street .
4 . 07 Block and Lot Standards :
The following standards shall apply to the layout- of ,.
blocks and lots in all subdivisions :
li A) No residential block shall be longer than thirteen
hundred (1, 300) feet or shorter than three hundred (30p)
feet measured from street .line to street line. The width of
blocks should be arranged so a to allow two tiers of lots,
with utility easement .
B) In blocks over seven hundred (700) feet in length,
the Governing Body may require a public way or an 'easement
at least ten (1,0) feet in width, at or near the center of
the block, for use by pedestrians .
C), The size and shape of lots intended for commercial
or industrial use shall be adequate to; provide for the use
intended, and to meet the parking, loading, and other
requirements for such uses contained in the zoning ordinance
(see 4 . 07 (e) below) .
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D) Lot arrangement and design shall be such that all
lots will provide satisfactory building sites, properly
related to topography and surrounding land uses .
E) The size of all-, lots shall comply with the
following:
1) Single family residential -
Area, 9 , 500 square feet; Width,. 80 feet ;
Depth, 100 feet . In regard to overall minimum lot
dimensions set by this ordinance, the total area will
supersede any conflicting combinations of widths or depths
that do not equal the minimum area requirement .
2) Multi family residential -
Area, 7 , 500 square` feet; plus 1, 500 square
feet per dwelling unit' over two; Width, 75 feet; minimum
depth of not less than 100 feet . Minimum area supersedes ,
width and depth as stated above.
3) Mobile Home residential -
Area, 6 , 000 square feet; width, 60 feet;
depth, 100 feet .
Mobile Home' residential subdivisions shall
only be 'allowed in areas designated for mobile home
residential use by the Tiffin Community Development Plan.
4) Lots on cul-de-sacs -
Area, shall correspond to the use of the lot
as described in 4 . 07 (E) (1) (2) (3) . Minimum frontage shall be
30 feet (chord length) .
.F) All lots shall abut a public street or an approved
private street .
G) Unless unavoidable, lots shall not front, or have
direct access to arterial streets . Where unavoidable, lots
shall be so arranged as to minimize the number of access
points . .
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H) , All lot lines shall be at right angles to straight,
street lines or radial to curved street lines, except where,
in the judgment of the Governing Body, a variation to this
provision will provide a better street and lot layout .
I) Setbacks for all lots used for the below described
purposes shall be, at minimum,-., as follows :
Single-family residential':
Front - 30 feet
Rear - 30-feet
Side - 10 feet
Street Side, Corner lot - 15 feet
Two-family and Multi-family:
Front - 25 feet
Rear 30 feet
Side :
One-story - 8 feet
Two-story ,- 10 feet
• 'Three-story, - 12 feet
Street side, corner lot - 15 feet
Mobile Homes :
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Front - 25 feet
Rear - 20 feet
Side - 10 feet
Street side, corner lot - 15 feet
Commercial :
Front - 25 feet
Side - None (except where abutting an
agricultural or residential district a side yard of not less
than 10 feet sha11 be provided)
Rear - None (except where abutting an
agricultural or residential district a side yard of ,not less
than 10` feet shall be provided)
Street side, corner lot - 15 feet
`,Industrial,:
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Front - 35 feet
:'/' Interior side yard - 15 feet
Corner side yard 25 feet
Rear yard - 25 feet
J) Reversed frontage lots are prohibited. Double
frontage lots shall only be permitted where abutting a- major
street and a minor street, and such lots shall front only.on
the minor street .
4 . 08 Parks and Open Space :
All residential subdivisions should be so designed as
to meet the neighborhood park and open space needs of their
residents. The following standards and procedures will be
used to determine the park and: open space requirements for
all proposed residential developments or subdivisions
greater than 1/2 acre in, size within the City of Tiffin-:
A) For all -residential developments and subdivisions,
the subdivider shall be responsible for providing adequate
park and open space in one or both of the following ways ,
. depending 'on the decision of the City of Tiffin.
1) If it is feasible and compatible with the
Community Development Plan of the City of Tiffin, as
determined by the City Council upon the recommendation of
the Planning And Zoning Commission, the subdivider will be
required to dedicate and reserve an area for parks and open
space, without cost to the City.
a) The amount of land shall be determined
by first calculating the entire size of the land area of the
proposed development as shown on the preliminary plat or
site plan and then to require dedication or reservation of
five percent (5%) of this amount for parks and open space .
b) This area shall be denoted on the final
plat prior to approval of the final plat .
2) Where such dedication is not feasible or
. compatible with the Community Development Plan,. as
determined by the City Council upon recommendation of the
. Planning and Zoning Commission, the subdivider shall, in
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lieu thereof, pay to the City a- fee or combination of fee
and land, equivalent to the value Of the required dedication
or reservation to be determined and used in the following
manner:
a) The City Council, upon recommendation of
the Planning arid. Zoning Commission, shall determine the size
of the land area which it would have required to set aside
. for parks and open space (5% of the total land area) .
b) The cash value of said land shall be
determined by taking the total purchase price or cost of all
the land in the proposed subdivision and charge the owner
the proportionate value of the land area so designated;
based upon such purchase price or cost; provided such
purchase price, or cost is the current fair and reasonable
value of the land. If such purchase price or cost does not
reflect the current fair value of the land, the fair value
of said land shall be determined by an impartial appraisal,
and in such, manner as may be designated by the City Council,
cost for said appraisal to be shared equally between the
subdivider and the City.
c) All funds so levied, assessed, and
collected by the City shall be deposited in a special fund
to be known as the "Special Fund for the Acquisition and
Development of Public Service Areas, .Open. Space and
Recreational Facilities" , and that said funds so levied and
collected' shall be used for -such purposes- at such places and
in such a manner as shall be approved, ordered and directed
by a recreation committee appointed by the City Council .
Any interest accumulated upon such funds
shall be added to the "Special Fund" and be used only for
acquisition and developments of open space and recreational
facilities .
B) At the time of the preliminary plat approval, the
City Council, upon recommendation by the Planning and Zoning
Commission, shall determine whether to require a dedication
of land within the subdivision or the payment of a fee, in
lieu thereof, or a combination of both, from the subdivider,
for parks and open space .
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C) .Where .- a dedication is required, it shall be
accomplished with a properly executed Warranty Deed
dedicating the required land to the Ci€y without cost to the
City. , Where a fee, in lieu of dedication is required, the
fee shall be deposited with the City Clerk. Whichever
action is required, it shall be accomplished prior to the
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• approval of the final plat .
D) The determination by the City of whether to
require dedication of land, or a fee, in lieu thereof, shall
be based on the following:
1) Recreational element of the City' s Community
Development Plan. -
2) Topographic and geologic conditions and
access and location of land in 'subdivision available for
dedication •
. 3) Size and shape of the subdivision' and land
available for dedication.
4) The relation of the subdivision to the
Community Development Plan map, particularly as such plan
map may show proposed public service areas, open space and
recreational areas . e
5) The character and recreational needs' of the •
neighborhood in which the subdivision is located.
6) The unsuitability in the subdivision for open
•
space and recreational purposes by reason of location,
access, greater cost of development° and maintenance .
7) The possibility that land immediately •
adjoining the subdivision will serve in whole or in part the
public service area, open space, and recreational needs of
such subdivision.
8) Any and all other information relevant to a
proper determination.
The determination of the City Council as ' to whether
land shall be dedicated or reserved or a fee shall be
charged, or a combination thereof, shall be final and
conclusive .
4 . 09 -Parks and School Sites Reserved:
When a tract being subdivided includes lands proposed
to be parks -or school sites in the Community Development
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Plan or other official plan of the City, the subdivider
shall indicate such areas on the plat .
A) Proposed park sites shall be reserved for three
(3) years, giving the City or other authorized public agency
the option to purchase the land at the appraised raw land
value prior to the subdivision as established by a certified
land appraiser. The purchase price shall also includeone-
half (1/2) of the cost for grading and paving, including
curbs, of the portion' of any streets thathare contiguous to
the site and any taxes and interest ` incurred by the
' subdivider between the date of reservation and date: of
purchase by the public agency. Should the park site not be
purchased within three (3) years, the subdivider may `then
amend the final plat .
B) Proposed school sites" shall be reserved for three
,(3) years, giving the appropriate .school district the option
to purchase the land at the appraised raw land value prior
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to the subdivision as established by a certified land
appraiser. The purchase price shall also include one-half
• (1/2) of the 'cost for grading and paving, including. curbs of
the portion of any streets that are contiguous to. ' the site
and any taxes and interest incurred by the subdivider
between the date of reservation and date of purchase by the
school district . Should the school sites not be purchased
within three (3) years, the subdivider may then amend the
final plat .
4.. 10 Nonresidential Subdivisions . The following
provisions shall apply to nonresidential subdivisions :
A) General . If a proposed subdivision includes land
that is used for commercial or industrial purpose, the
layout of the subdivision with respect to such land may be
subject to additional provisions as the Governing Body may
require . A nonresidential subdivision shall be subject to
all the requirements of these regulations, as well as such
additional standards required by the Governing Body, and
shall conform to the proposed land use and standards
established in City plans and regulations .
B) \Standards . In addition to the principles and
standards in these regulations, which are appropriate to the,
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planning of all subdivisions, the subdivider shall
demonstrate to the satisfaction of the City that the street,
• parcel, and block pattern proposed is specifically adapted
to the uses anticipated and takes into account other uses in
the vicinity. The following principles and standards shall
be observed:
1) Proposed industrial or commercial parcels
shall be suitable in area and dimensions to the following
minimum requirements :
Commercial -
Area, 1y0, 000 square. feet .
Industrial -
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Area, 10, 000 square feet .
2) Street rights-of-way and pavement shall be
adequate to . accommodate the type and volume of traffic
anticipated to be generated thereupon.
'e.
3) Special requirements may be imposed by the
City with respect to the installation of public utilities,
including water, sewer, .,and storm water drainage .
4) Every effort shall be made to protect
adjacent residential areas from potential nuisance from a
proposed commercial or industrial subdivision, including the
provision of extra depth in parcels backing up on existing
or.. .potential residential development and provisions for a
permanently landscaped buffer strip when necessary. 1
5) Streets carrying nonresidential traffic,
especially truck traffic, shall not normally be extended to
the boundaries of adjacent existing or potential residential
areas .
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ARTICLE V:
PROCEDURES AND SUBMISSION REQUIREMENTS FOR PLATS
5 . 01 Pre-Application Conference :
Whenever a subdivision located within the platting
'jurisdiction of the City , is proposed, the owner and
subdivider shall schedule a pre-application conference with
the Plats Officer. The conference should be attended by the
Plat's Officer, and such other City or Utility representatives
as is deemed desirable; and by the owner and his engineer
and/or planner, as deemed desirable.
The purpose of such conference shall be to acquaint the
City with the proposed subdivision, and to acquaint the
subdivider with the requirements, procedures , and any
special problems related to the proposed subdivision.
5 . 02 Sketch Plan Required:
For the pre-application conference, the subdivider
shall provide a map or sketch showing the .location of the
subdivision, the general location of any proposed streets
and other improvements,, and the general layout and
arrangement of intended land uses, in relation to the
surrounding area.
- 5 . 03 Presentation . to Planning Commission:
The subdivider may- present the sketch plan to the
Planning Commission for review, prior to incurring
significant costs pr`epa"ring the preliminary or final plat .
5 :'04 Subdivision Classified:
4
Any proposed subdivision shall be classified as a minor
subdivision or a major subdivision.
A) Minor Subdivision:
Any subdivision that contains not more than four
(4) lots fronting on an existing street and that does not
• 29
require 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
Governing Body, doe not for any reason meet the definition
of a minor subdivision, shall be ,classified as a major
subdivision.
5 . 05 Plats Required:
In order to secure approval of an-proposed subdivision,
the owner and subdivider shall submit to the city, plats and
other information as required by this ordinance . The owner
and subdivider of any major subdivision shall comply with
the requirements for a preliminary plat and the requirements
for a final plat . The owner and subdivider of a minor
subdivision may elect to omit the submission of a
preliminary plat .
5 . 06 Requirements of the Preliminary- Plat :
The subdivider shall prepare and file with the City
Clerk twenty (20) copies of the preliminary plat, drawn at a
scale of one inch equals one hundred feet (1" = 100 ' ) or
larger. Sheet size shall not exceed twenty-four inches by
thirty-six inches (24`" x 36" ) . Where more than one sheet is
required, the sheets shall show the number of the sheet and
the total number of sheets in the plat, and match lines
indicating where other sheets adjoin.
The preliminary plat shall be clearly marked
"Preliminary Plat" and shall show, or have attached thereto,
the following:
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A) Title, scale, north point and date .
B) Proposed name of the subdivision that shall not
duplicate or resemble existing subdivision names in the
county.
C) - The, name and address of the owner and the name,
• address and profession of the person preparing' the plan.
D) A key -map showing the general location of the
proposed subdivision in relation to surrounding development .
E) The names and locations of adjacent subdivisions
and the names of record owners and location of adjoining
parcels of unplatted land. A list of all owners of record
of property located within two hundred (200) feet of the
subdivision boundary shall be attached.
F) The location of property line's, streets and
alleys, easements, buildings, utilities, watercourses, tree
masses, and other existing features; affecting the plat .
G) Existing and proposed .zoning of the proposed
subdivision and adjoining property.
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H) Contours at vertical intervals of not more than
two (2) feet if the general slope of the site is less than
ten (10) .percent and at vertical intervals of not more than
five (5) feet if the general slope is ten (10) percent or
' greater.
I) The legal description of the area being platted.
J) The boundary of the .area being platted, shown as a
dark line with' the approximate length of boundary lines. and
the approximate location of the property in reference to
known section lines .
K) The layout , numbers and approximate dimensions of
proposed lots .
L) The location, width and dimensions of all streets
and alleys proposed to be dedicated for public use .
M) ;., The proposed names, for all streets in the area
being platted.
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N) Present and proposed utility systems, including
sanitary and storm sewers, other drainage facilities, water
lines, gas mains, electric utilities, cable utilities,
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telephone utilities and other facilities, and their
connections to existing utilities .
0) Proposed easements, showing locations, widths,
purposes, and' limitations .
P) Parcels of land proposed to be dedicated or
reserved for schools, parks,' playgrounds, or other public,
semi-public or community purposes, or shown for such purpose
in the Community Development Plan or other adopted plans .
Q) A general summary description of any protective
covenants or private restrictions to be incorporated in the
final plat .
R) Any other pertinent information, as necessary.
S) The fee, as required by this ordinance .
T) Al].' initial developments" (phase one) and alil
future planned developments within the area (phase two,
phase three, etc . ) . Failure to completely identify all
proposed developments in the subdivision area will be
grounds for rejecting the plat .
'5 . 07 Procedures for. Review of Preliminary Plats :
A) The City Clerk, upon receipt of twenty (20) copies
of the preliminary plat, shall file one copy in the records
of the City, shall retain one copy for public inspection,
and shall forward the remaining copies of the plat to the
Plats .Officer.
• B) The Plats Officer shall provide copies of the plat
to the City Engineer, and such other persons as necessary to
review the plat; and shall schedule the plat for
consideration by the Planning Commission.
C) The Planning Commission shall examine the plat and
the report of the City Engineer, and such other information
as it deems necessary or desirable, to ascertain whether the
plat conforms to the ordinances of the City, and conforms to
the Community Development Plan and other"duly adopted plans
of the' City. The Planning Commission shall, within forty
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five (45) days of the filing of the plat with the City
Clerk, forward a report and recommendation regarding the
plat to the Governing Body. If such recommendation is to
disapprove or modify the plat, the reasons therefor shall be
set forth in writing in the report , and a copy of the report
and recommendation shall be provided to the subdivider.
D) The Governing Body shall examine the plat, the
re
report of the City Engineer, the report of the Planning
Commission, and such other information as it deems necessary
or desirable . Upon such examination, the Governing Body
shall ascertain whether the plat conforms to the ordinances
and standards of the City, conforms to the Community
Development Plan and other duly adopted plans of the City,
and will be conducive to the Orderly growth and development
of the City; in order to protect the public health, safety,
and welfare . Following such examination, the Governing Body
may approve, approve ' subject to conditions, or disapprove
the plat . If the decision of the Governing Body is to
disapprove the plat, or to approve the plat subject to
conditions, the reasons therefor shall be set forth in
writing in the official records of the Governing Body, and
such decisions, shall be provided to the subdivider. Action
• on the preliminary plat by the Governing Body shall be taken
within sixty (60) days of the filing of the plat with the
City Clerk.
5 . 08 Duration of Approval of Preliminary Plat :
. The approval of a preliminary plat by the Governing
Body shall be valid for a period of one (1) year from the
date of such approval; after which such approval shall be
void, and the subdivider shall take no action requiring the
precedent approval of., a preliminary plat except upon
application for and. approval of an extension of such period
of validity, by the Governing Body.
5 . 09 Authorization to Install Improvements :
The approval of the preliminary plat shall constitute
authorization by the Governing Body for the installation of
• improvements as required by this ordinance, and as shown- on
the preliminary plat; provided no such improvement shall be
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constructed or installed until and unless the plans,
• profiles, cross sections, and specifications for the
construction of such improvement have been subinitted` to, and
approved in writing by, the City Engineer and all necessary,
permits have been issued from the appropriate State and
Federal agencies (i . e . , Iowa Department of Natural
Resources) .
5 . 10 Transfer of Lots Without Constructing Improvements :
In the event the subdivider, its assigns or successors
in interest, should transfer lots in a subdivision without,
having constructed or installed the pavement, watermains ,
• sanitary sewer, storm sewers, sidewalks, or other public
improvements, the city shall have the right to install and
construct such improvements and the costs of such
improvements shall be lien and charge against all the lots
adjacent to or in front of which the improvements are made
and 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 . In addition, the requirement to construct
such improvements is, and shall remain, a lien on all
property located within the subdivision until properly
released by the city.
5 . 11 Completion and Acceptance of Improvements :
Before the Governing Body will approve the final plat,
all of the foregoing improvements shall be constructed and
accepted by formal resolution of the City Council . Before
passage of said resolution -of acceptance, the City Engineer
shall report that said improvements meet all City
specifications and ordinances or other city requirements,
and the agreements between the subdivider and the City.
5 . 12 Performance Bond Permitted:
In lieu of the requirement that improvements be •
completed prior to the approval of a final plat, the
subdivider may post a performance bond with the City,
guaranteeing" that improvements not completed shall be
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completed within a period of two (2) years from the date of
approval of such final plat; but 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 :
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 Governing Body 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 .
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 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,
0 and match lines indicating where other sheets adjoin.
The final plat shall be clearly marked "Final Plat" and
shall show the following :
A) The, name of the subdivision.
B) Name and address of the'owner and subdivider.
C) Scale, and a graphic bar scale, north arrow and
date on each sheet .
D) All monuments to be of record, as required by
Chapter 355, Code of Iowa.
E) Sufficient survey data to positively describe the
bounds of every lot", block, street, easement, or other area
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shown on the plat, as well as the outer boundaries of the
subdivided lands .
F) All distance, bearing, curve, and other survey
data, as required by Chapter 355,, Code of Iowa.
G) All adjoining properties shall be identified, and
where such adjoining properties are a part of a recorded
subdivision, the name of the subdivision shall be shown . If
the subdivision platted is part of a previously recorded
subdivision, sufficient ties shall be shown to controlling °
lines appearing on the earlier plat. to permit an overlay to
be made .
H) Street names and clear designation of public
alleys .
I) . Block and lot numbers .
J) Accurate dimensions for any property to be
dedicated or reserved for public use, and the purpose for
which such property is dedicated or reserved for public use .
K) , The purpose of any easement shown on the plat
shall be confined to only those easements pertaining to
public utilities including gas, power, telephone, cable
television, water, sewer; easements for trails, bikeways ,
ingress and egress; - and such drainage easements as are
deemed necessary for the orderly development of the land
encompassed within the plat .
L) All interior excepted parcels, clearly indicated
and labeled, "not a part of this plat . "
M) A strip of land shall not be reserved by the
subdivider unless the land is of sufficient size and shape
to be of some practical use or service as determined by the
Governing Body. .
N) The minimum unadjusted acceptable error of closure
for all subdivision boundaries shall be 1 : 10 , 000 and shall
be 1 : 15, 000 for any individual lot .
0) A -.statement by a registered land surveyor that the
plat was prepared by the surveyor or under the surveyor ' s
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direct personal _ _supervision, signed and dated by the
i surveyor and bearing the surveyor' s Iowa registration number
or seal, and a sealed certification of the accuracy of the
plat by the registered land surveyor who drew the plat .
P) Certification by the local public utility
companies that the locale' of utility easements are properly
placed for the installation of utilities .
Q) Certification of dedication of streets and other
public property and perpetual easements for the
installation, operation, and maintenance of utilities .
R) Contain a signature block for the signature of the
Mayor certifying the governing body' s approval of the plat .
S) Show any provisions provided by the Code of Iowa.
T) The final plat should also have the following
accompanying instruments :
i . An opinion by an attorney at law who has
examined the- Abstract of Title for the land being platted,
stating the names of the proprietors and holders. of
mortgages, liens, or other encumbrances, along with any
bonds securing the encumbrances .
ii . A statement. from the mortgage holders or
lienholders, 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
acknowledgment of deeds . An affidavit and bond in an amount
double of the amount encumbrance and approved by the
recorder and clerk of district court and which runs to the
county for the benefit of purchasers of lots within the plat
may be recorded in lieu of the consent of mortgagee or
lienholder. When a mortgagee 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..
iii . A certificate of the treasurer that 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 a
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bond double in. the amount of" the lien and approved by the
!=` recorder and clerk of district court and which runs to the
County for the benefit of purchasers of lots within the plat
and filed with the recorder•.
iv. 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
acknowledgment of deeds . The statement by the proprietors
' shall also include a dedication to the public of all lands
within the plat which are designated for streets, alleys,
parks , open areas , ,school property, or other -public use; if;,
the dedication is approved by the governing body.
v. A,petition signed ,by the owner and his or her
spouse petitioning the governing body 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 the cost, and assessment of
improvements .
vi . A certificate from the county auditor that
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the name or title of the subdivision plat is approved by the
county auditor.
ARTICLE VI : OTHER PROVISIONS
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6 . 01 Variations and Exceptions :
The following shall apply to the granting of
variances or exceptions.: K
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A). Hardships . Where the Governing Body finds that
extraordinary hardships or particular .difficulties regarding
the physical development- of land may result from strict
compliance with these regulations, it may make variations or
exceptions to the regulations so that substantial justice
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may be done and the public interest secured, provided that
such variation or exceptions to these regulations meets the
following criteria: •
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1) The granting of the variation will not be
• detrimental to the 'public . safety,, health, or welfare or
• injurious to other property or improvements in the
neighborhood in- which the pioperty is located.
2) The conditions upon swhich the request' fo`r a
variation is based are unique to the property for which the
• variation is sought, and are not applicable, generally, to
other property.
3) Because of the' particular physical
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surroundings , shape or topographical conditions of the
specific pioperty involved, a particular hardship to the
owner would result, as distinguished from a mere
inconvenience, if the strict letter of the regulations 'were
carried out .
4) The purpose of the variation is not based
exclusively upon a desire to make more money out of the
property.
B) Conditions . In granting ' variations and
exceptions, the Governing Body may require such conditions
• as will, in its judgment, secure substantially the
objectives of the standards or requirements of these
regulations .
C) Procedure for Variance. A petition for any such
variation or exception shall be submitted in writing by the
developer at the time when the preliminary plat is filed.
The petition shall state fully the grounds for the
application and all of the facts relied upon by the
petitioner.
6 . 02 Changes and Amendments :
Any provisions of these regulations may be changed
and amended from time to time by the Governing Body,
provided that such changes and amendments shall not become
effective until after a public .hearing has been held, public
notice of which shall have been given as required by law.
Such ,proposed amendments shall first be submitted to the
Planning Commission for study and recommendation before the
hearing date is scheduled. The Planning Commission shall
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forward its recommendation' to the Council within thirty (30)
.days after the Governing Body requests the recommendation.,
The Governing Body shall then give notice of and hold a
public hearing on the proposed amendment .
6 . 03 Severability Clause:
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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 .
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6 . 04 Ordinance Not to Limit Other Ordinances :
Nothing contained herein shall serve to abrogate,
limit, repeal, or otherwise modify any other ordinance or
regulation except as expressly set forth herein. If any `
provision of this ordinance conflicts with the provisions of
any other, ordinance, regulation, or statute, the most
restrictive shall apply.
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6 . 05 When Effective :
This ordinance shall be effective after its final
• passage, ,approval and publication as provided by law.
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