HomeMy Public PortalAboutOrdinances-1996-205 CITY OF TIFFIN IOWA ORDINANCE NO. 1996- 20_5; 4
AN ORDINANCE 'REPEALING ORDINANCE NO. 1995-197, 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. 1995-197, and any amendments thereto, are
hereby repealed and the following is hereby adopted: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.
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 two (2) or more parts, (excepting
acquisition plats as defined in Section 2. 01.2), f }e
purpose of laying out an addition, subdivision, building lcit
or lots, acreage or suburban lots within the City q 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.
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
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Ordinance Adopted: 5/13/98
AN ORDINANCE REPEALING ORDINANCE 'NO 1996-205, 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 35.4 OF THE CODE OF IOWA.
BE IT ENACTED: Ordinance •No. 1996-205, and any amendments
thereto, are hereby repealed and following is hereby
adopted:
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ARTICLE I: GENERAL PROVISIONS
1.01 SHORT TITLE
This ordinance shall be. known as the "Subdivision
Ordinance" of the City of Tiffin, Iowa.
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
general planning of the community and to promote
the 'public health, safety and general welfare of
the citizens of the City of Tiffin, Iowa.
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1.03 Application
Every owner of any tract or, parcel of land who
has subdivided or shall hereafter subdivide or
plat said tradt or parcel into two (2) or more
parts, (excepting acquisition plans as defined in
Section 2 . 01 .2) for the purpose of raying out an
addition, subdivision, building lot, or lots,
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Ordinance Adopted: 5/13/98
acreage or suburban lots- within the City or
within the area of the Fringe Area Agreement with
Johnson County, Iowa, ' 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
plate on record. The City` of Tiffin is granted
the authority to review said proposed .
subdivisions outside.. the city limits by Section
354 . 91of the Code of Iowa and the Fringe Area
Agreement with Johnson, County, Iowa.
1.04 RECORDING OF PLAT -
No subdivision plat, or street dedication within
the City of Tiffin, Iowa, or within the area of
- the Fringe Area , Agreement shall ,be filed for
record with the County Recorder, or recorded by
' the County Recorder, until a final plat of such
subdiision, 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 City
Council, 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 revocable after thirty
(30) idays, 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 City Council 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 accompanied by the fee, as
established by resolution of the City Council ,
and as required by .this ordinance.
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Ordinance Adopted: 5/13/98
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 City Council, and recorded as
required by law, shall forfeit and pay one
hundred dollars ($100. 00) to the City for each
lot or part of lot sold, disposed of or offered
for sale, the violator will also be subject to a
simple misdemeanor or municipal infraction for
. 'each lot sold in violation of this provision.
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.
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 or other provision have been made in
writing, with the City regarding the completion of
"improvements.
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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 or obtain a waiver
of the requirement from the City regarding the
same.
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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 p'resent tense shall
include the future, the singular shall include
the plural, the plural shall include the
singular, the '`masculine gender shall include the
feminine, the term "shall" is - always mandatory,
and the term "may" is permissive .
1 . "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 ati 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, o'r one-quarter of one quarter shall
be considered an .aliquot part of a section.
3 . "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,
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tracts of public land, or the boundary of
the subdivision.
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Ordinance Adopted: 5/13/98
6 . 'City engineer" means the professional
P engineer registered in the State of Iowa
designated as City Engineer by the City
Council or other hiring authority.
7 . "Community Development Plan" means the
general plan for the development of the
community, that may be titled master plan,
land use plan, or some other title, which
plan has been adopted by the City Council .
Such "Community Development Plan" shall
include any part of such plan separately
adopted, and any amendment to such plan or
parts thereof .
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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
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end terminated by & vehicular turn around.
9A. • "Design Standards" means the City of Tiffin,
Iowa Design Standards as adopted by
Resolution No. 1997-21 land as may be from
time-to-time amended° thereafter by action of
the City Council .
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10 . "Division" means dividing a tract or parcel
of land into two parcels of land by
a
conveyance or for tax 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.
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12 . "Flood hazard. area" means any area subject
to flooding by a orie 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.
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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 for the
City of Tiffin. ' The Tiffin Flood Plain
Management Ordinance is Ordinance No. 1994-
185 . No provision of this Ordinance shall
vary the terms and conditions of the Flood
Plain Management Ordinance. .
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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` 6f a one hundred (10 0) 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.
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16 . "Fringe Area Agreement" refers to the Fringe
Area Agreement entered into between the City
of Tiffin' and Johnson County in .1997
.regarding zoning and subdivision issues in
the area around the City of Tiffin as
defined in. that Agreement . All applications
referring the Applicant to the City of
- Tiffin shall follow the terms and ,provisions
of this Ordinance and of the Zoning
'Ordinance unless the Fringe Area Agreement
specifically provides otherwise.
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.
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Ordinance Adopted: 5/13/98 •
18 . "Improvements" mean 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
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on an official plat .
20 . "Lot, Corner" : means a 'lot situated at the
intersection of two streets .
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21 . "Lot, Double Frontage" 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 chapter and has been
- filed for record in the offices of the
recorder, auditor, and assessor.
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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.
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Ordinance Adopted: 5/13/98
27 . "Planning commission" - means the ' appointed
commission designated by the City "Council
for Lthe 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.
29 . "Plats Officer" means - the individual
assigned the duty to administer this
ordinance by the - City Council -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-
mortgage, easement, or lien interest .
32 . "Street" means public property, not an
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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.
33 . "Street, Arterial" 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.
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Ordinance Adopted: 5/13/98
34 . "Street, Collector" 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 owner' s
behalf .
36 . "Subdivision" means the division of land
into two or more parts for the purpose, '
whether immediate or future, of transfer of
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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" jmeans 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 the systems for the
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distribution or collection of water, gas,
electricity, wastewater,# and storm water.
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ARTICLE III: IMPROVEMENTS
3 .01 IMPROVEMENTS REQUIRED
The subdivider shall, at his or .her expense,
install and construct all. improvements required
by this ordinance and the Design' Standards of the
City of Tiffin and as shown on the- preliminary
plat within the subdivision proper. All required
improvements shall be constructed in accordance
with r 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 : "
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1) The subdivision is located within an
active urban-renewal area eligible for
tax'increment reimbursement, and;,
The subdivider can demonstrate how the'
City' s participation in cost sharing
for improvements within' the subdivision
will achieve the goals ancP 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.
B) In all cases, 'the . owner shall extend
municipal utilities and services to the edge
of a subdivision.
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Ordinance Adopted' 5/13/98
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 Design Standards, and thee
minimum requirements of all applicable state or
federal regulatory agencies or.. departments .
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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 any required capacity improvements.
A) Streets in 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
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Ordinance Adopted: 5/13/98
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 thd4= subdivision
taken alone. The streets shall, upon
final approval and acceptance by the
City;, become the property of ' the City.-
The street ' shall be constructed in
compliance with the City of Tiffin,
Iowa Design Standards .
B) ¢ Sanitary Sewer System in 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 the City"s
sanitary '' sewer. The City' s role in
.reviewing the plans• is to determine the
sanitary sewer' s placement,_, size, and route.
The Sanitary Sewer System `shall be
. _ constructed in compliance with the City of
Tiffin, Iowa Design, Standards.
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
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Ordinance Adopted: 5/13/98,
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 City' s inability to efficiently
collect or treat waste 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 sewer system.
. 3) The sewer system improvements shall,
upon inspection, approval and
acceptance . by the City, become the
property of the City.
. 4) The subdivider must provide evidence of
construction permits from the Iowa
. Department of Natural Resources - prior
• to approval of the final plat .
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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. - The* Storm Sewer
System shall be constructed in compliance
with the . City of Tiffin, Iowa Design
Standards .
1) The storm water drainage system shall .
be -separated- and independent of any
sanitary sewer system. The acceptable
standard for sizing storm sewers is to
be a five-year, 24 hour storm event .
2) Under some circumstances the City may
require, as -a condition for approval of
` the plat, 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 storm
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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. fi.
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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 '
, . '' t drainage studies together with such ,
r 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
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" recovery of the cost for the
. - improvement of said potential condition
, I in- such ."sum as the City Council 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
P . 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
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Ordinance Adopted: 5/13/98
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. However, may not own any
detention basin or other storage
facility and may require written
provisions for the maintenance of the
- facility.
D) .Water Main System in 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 water
main design will be the same as the 'IDNR
recommended fire flow of 250 GPM with 20 psi
residual . The Water Main System shall be
constructed in compliance with the City of
Tiffin, Iowa Design Standards .
1) The subdivider shall install adequate
water facilities, and fire hydrants
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which shall be subject to City
specifications and shall be subject` for
review :and approval by the Tiffin Fire
Chief . The" location of all fire
- hydrants shall be shown On the
preliminary plat .
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2) All ISowa Department of Natural
• Resources permits must be secured prior
to approval of _ the final 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
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distribution 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 water main and the diameter of
water main reasonable to meet the
foreseeable needs of the area. '
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4) The Ci'ty' 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.
5) 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. All
improvements' addressed in the City of
- Tiffin, Iowa Design Standards shall be
constructed in compliance • with the
' provisions-of the Design .Standards.
3".04. EASEMENTS REQUIRED
A) • Public Utilities : The flexible placement
of easements for public utilities shall be
allowed, however, such placement shall be
subject to the review of the Governing Body
and all applicable utility companies prior
'to approval of the final plat•. All
utilities to serve each lot shall be placed
• iri a common easement . Said easements shall
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Ordinance Adopted: 5/13/98
be at least ten (10) feet in- width.
Easements of greater width may be required
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along lot lines, or across lots when
necessary for the placement and maintenance
of utilities. No buildings or structures,
except as necessary for utilities, shall be
permitted on such easements .
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.
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3 .05 :MAINTENANCE BOND REQUIRED
t h
The owner and subdivider of thee 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 two
(2)years from the date of acceptance of any
improvement, the owner and subdivider shall be
responsible to maintain such improvement in good
repair. The City may, at its sole discretion,
accept alternative sureties to maintenance bonds
to insure the workmanship of the improvements
accepted by the. city. A performance bond will
also be required per Section 5 ..12 .
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Ordinance Adapted: 5/13/98'
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ARTICLE IV:
MINIMUM STANDARDS FOR THE DESIGN OF SUBDIVISIONS
4.01 ^ STANDARDS PRESCRIBED
The standards set forth in this ordinance and
those contained in the Design Standards 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 .
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
- City Council shall state its reasons in writing
and afford the subdivider ' an opportunity to
present data regarding such unsuitability.
Thereafter, the City Council may reaffirm, modify
or withdraw its determination regarding such
unsuitability.
•
4.03 LANDS SUBJECT TO FLOODING
No subdivision 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
! u Tiffin Flood Plain Management Ordinance. No lot
Last printed 05/06/98 1:35 PM 19
Ordinance Adopted: 5/13/98
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. -
C) If acceptable to the City, dedicated to the
City as public open space for recreation or
flood control purposes.
4:04 -PLAT 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
approvedrby 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 limited to 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.
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Ordinance Adopted: 5/13/98
4 .05 CONSTRUCTION STANDARDS FOR IMPROVEMENTS:
In addition to the Standards set forth in this
ordinance the subdivider shall be governed by the
provisions of the City of Tiffin, ,Iowa Design
Standards . The Design Standards shall have
such force and effect as if they were fully set
forth herein.
4 . 06 STREET STANDARDS
The City of Tiffin, Iowa Design Standards shall
govern all standards for the construction of
streets, driveways"; and sidewalks as provided
therein unless specifically contradicted by the
terms of the Subdivision Ordinance.
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,
and ' the . extension of such streets into
• adjoining unplatted areas . • Where a
- plat encompasses the location for an
arterial' or 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 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
P tecYnical standards for public
•
improvements.
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Ordinance Adopted: 5/13/98
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.
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 a's possible; and no street
shall intersect any other street at
less than sixty (60) degrees .
9) At intersections of major streets, and
btherwise as necessar , lot corners
abutting the -intersection shall be
rounded with a radius sufficient to
'provide necessary space within the
right-of-way for sidewalks, traffic x`
•
. control devices, and other necessary
improvements without encroachment onto,
the corner lots ..
10) Deadend streets are prohibited, except
where a street is planned to continue
past . they 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. '
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Ordinance Adopted: 5/13/98,
` 12) In . general, alleys shall not •be
permitted iii' 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 .
i
13) 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
R connections . Easements for the future
openings and extensions for such
streets or utilities may, at the
discretion of the City Council, be
made a requirement Of the plat . .
14) Streets that are or will become ,
; extensions of existing streets shall be
. given the same name as the existing
• streets . New street names shall not be
the same, or sound similar to existing
street names . All street names shall
4
be at the approval of the City
Council .
15) , Private' streets shall be prohibited.
. The City Council may approve a waiver
to this -rule where unusual conditions
make a private street desirable,
provided adequate covenants or other `
rr legal ~ documents ensure that the City
• . , will not have or need to assume any
maintenance or other responsibility for
such street . ,
. ,.
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 : •
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Ordinance Adopted: 5/13198
1) In all districts a buffer strip at
least fifty (50) feet in depth in
addition to the normal depth of the lot
t .
required in the district shall be
provided adjacent to the railroad
right:of-way. A buffer strip at least
" twenty (20) feet in depth in addition
to the normal depth of the limited
access highway. This strip shall be
part of the platted lots and shall be
•
•
designated on the plat : "This strip
reserved for screening. The placement
of structures hereon is prohibited. "
2) FStrdets 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.
4 .07 BLOCK ANDILOT STANDARDS
4 ,
. The following standards shall apply to the layout
of blocks, and lots in all subdivisions:
A) No residential -block shall be longer than
thirteen hundred (1, 300) feet or shorter
than three hundred (300) feet measured from
street line to street line . The width of
blocks should be arranged so as to allow two
tiers of lots, with utility easement .
B) -In blocks over seven hundred (700) feet in
length, the City Council may require a
• public way. or an easement at least ten (10)
feet in width, at or near the center of the
block, for use by pedestrians .
Last printed 05/06/98 1:35 PM 24
4
Ordinance Adopted: 5/13/98
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 .
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) All lots shall comply with all requirements
of the zoning ordinance applicable to the
zone in which the lot is" located.
F) All lots shall abut a public street or an
approved private street .
t 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 .
°
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 'City Council, a waiver of this `
provision will provide a better street and
lot layout .
I) Reversed frontage lots are prohibited.
Double frontage lots shall only be permitted
1.
where abutting a major, street and a minor
street, and such lots shall front only on
• • minor -streets, '
4. 08 PARRS AND OPEN SPACE
All subdivisions should be so designed as to meet
the • neighbor'hood 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
• developments or subdivisions greater than 1/2
acre in size within the City of Tiffin:
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25
Ordinance Adopted: 5/13/98
A) For .,all 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 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:
tr a) The City Council, upon
recommendation, of the Planning and
Zoning Commission, . shall determine
the size -of the land area which it
would have required to set aside.
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4
Ordinance Adopted: 5/13/98 A
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• for parks and open 'space (5% of
. the total land area) .
b) The cash value of said land shall
T be determined by taking the total
purchase price or cost. of all the
gland in the proposed subdivision
, and ' charge . the owner the
proportionate value of the land
area so designated; based upon
4
. such, ' purchase price or cost;
provided such purchase price or
cost is the current fair and
reasonable value of the land.- If u
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, rand 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 sb 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 recreatibn^ committee appointed
by the City Council .
. a 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
.'r,facilit'ies. .
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• 27 .
Ordinance Adopted: 5/13/98-
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.
C) Where a dedication is required, it shall be
accomplished with a. properly executed
Warranty Deed dedicating the required land
to the City 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 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
a proposed public service areas, open
,space and,.recreational areas.
5) The character and recreational needs of
the neighborhood in which the
subdivision is located.-
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Ordinance Adopted: 5/13/98
6) The unsuitability in the subdivision
r
-for open space and recreational
purposes by reason of location, 'access,
greater cost of Y 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 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 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 public agency.
Should the park site not be purchased within
three (3) years, the subdivider may then
amend the final plat .
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Ordinance Adopted: 5/13/98
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
to the subdivision as established by Fa
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 City Council may require . A
nonresidential subdivision shall be subject to
all the requirements. of these regulations, as
°well as such additional standards required by the
City Council, 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 _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:
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Ordinance Adopted: 5/13/98
1) Proposed industrial or commercial parcels
_shall comply with the zoning ordinance.
i
2) Street rights-of-way width and pavement
thickness shall be adequate to accommodate
the type and volume of traffic , anticipated
tb be generated thereupon. °
3) Special requirements may be imposed by the
City with respect to the installation of
public utilities, including water, "sewer,
and stdrm, 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.
5). Streets carrying nonresidential traffic,
especially truck traffic, shall not normally ,
be extended to the boundaries of adjacent
existing or potential residential areas.
•
• ARTICLE V: •
• PROCEDURES AND SUBMISSION REQUIREMENTS FOR 'PLATS_
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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 witH the Plats Officer.
The conference should be attended by the Plats
Officer arid such other City or ,'Utility
representatives as is deemed desirable; and by
• the owner and his engineer or planner, as deemed
desirable. ,.
•
The purpose of such conference shall be to.
acquaint the City with the proposed subdivision,
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Ordinance Adopted: 5/13/98
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 preparing the
preliminary or final plat .
5. 04 SUBDIVISION CLASSIFIED
Any proposed subdivision shall
Y P P be classified as a
minor subdivision or a major subdivision, and
according the the provisions of the Fringe Area
Agreement with Johnson County where applicable.
A) Minor Subdivision:
Any subdivision 'that contains not more than
three (3) lots fronting on an existing
street or private drive and that does not
require "state - permit approval for
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
City Council, -does not for any reason meet
the definition of a minor subdivision, shall
be classified as a major subdivision.
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Ordinance Adopted: 5/13/98
5.05 PLATS REQUIRED
In order to secure approval of ah 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
combine the requirements of the preliminary and
final plats into a single document .
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:
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.
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Ordinance Adopted: 5/13/98 -
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
V
boundary shall be attached.
F) The location of property lines, 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 and
. identification of. Fringe Area designations
where relevant .
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) Identification of any flood plain areas and
-100 feet year flood elevation, and the flood
plain '`alpha=numeric designation within the
subdivision.
%,31 The, legal description of the area being
. platted. -
K) 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 . • ,
L) The' layout, numbers and approximate
dimensions of proposed lots`.
M) The. location, width and dimensions of all
streets and alleys proposed to be dedicated.
for public use.
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Ordinance Adopted: 5/13/98
• N) .. The proposed names for all streets in the
"area being platted. ;.
0) Present and proposed utility systems,
including sanitary and storm sewers, other'
drainage facilities, water lines, gas mains,
electric. utilities, cable utilities,
telephone utilities and other facilities,
and their ,connections to. existing utilities'.
P) Proposed easements, showing locations,
widths, purposes and limitations .
Q) 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.
•
R) A general summary :description of any
protective covenants or private restrictions
to be incorporated in the final plat .
S) Any other pertinent information, as
necessary.
T) --. The fee', as, required by this ordinance.
U) . All initial developments (phase one) and all
future . planned developments within the area
•
(phase two, phase three, etc.. ) . Failure to
completely- identify all proposed
developments dn the >subdivision area will be •
. grounds- for rejecting the plat .
5. 07 PROCEDURES FOR REVIEW "OF PRELIMINARY PLATS
ee () -2 ' 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 as .provided herein.
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Ordinance Adopted:,5/13/98
B) The City Clerk ,shall provide copies of the
plat to the City Engineer, to the City
Attorney, ' 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 reports of the City Engineer '
and. City Attorney, 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
five (45) days of the filing of the plat
with the City, Clerk, forward a :report and
recommendation regarding the plat to the
`City Council . 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 City Council shall examine the plat, the
reports of the City Engineer and City
-- Attorney, the report of the Planning
..Commission, and such other information as it
deems necessary, or desirable. Upon such
examination, the . _City, - 'Council 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
City, Council may. approve, 'approve subject to
. ' ,_ conditions, or disapprove the plat . If the
- , decision of the City- Council is ' to '
disapprove the plat., , or ,to approve the plat
LJ, subject to conditions; the reasons therefor •
shall be set forth in writing in the
official. records of the City 'Council, and
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Ordinance Adopted: 5/13/98
such decisions shall be provided to the
• subdivider. Action on the preliminary, plat
by the City Council 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 City
Council 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 City Council .
5.09 AUTHORIZATION TO INSTALL IMPROVEMENTS
The approval of the preliminary plat shall
constitute authorization by the City Council for •
• the installation of 'improvements as required by
this ordinance, and as shown on the preliminary
plat; provided no such improvement shall be
Constructed or installed until and unless the
plans, profiles,- crosb sections, and
specifications for the construction of such
improvement have -been submitted to, and. approved
in writing by,. • the City -Engineer and all
necessary permits have been issued " from the
appropriate State and Federal agencies (e .g. ,
- IDNR and IDOT),.
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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
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Ordinance Adopted: 5/13/98
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 City Council 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
satisfactory to the City, guaranteeing that
improvements not -completed shall be completed
within a period of two (2) years from the date of
approval of such, final platl but such approval of
the plat shall not constitute final acceptance of
any improvements to be constructed. Improvements
will be accepted only after their cbnstruction
has been completed.
5 .13 REQUIREMENT OF THE FINAL PLAT -
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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
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Ordinance Adopted5/13/98
'attachments; as set forth in this ordinance.
Except for a final plat for a minor subdivision
as set 'forth herein, no final plat shall be
Considered. by -the City Council until and unless a
preliminary plat for the area included in the
proposed ,final plat has been approved and has not
expired and become void as set forth above.
,Copies of ,the' Final Plat shall be distributed to
the City ,Engineer and the City Attorney for their
review, and upon' completion of' same, the City
Engineer and City Attorney shall report the
findings of their review to the City Council, for
its con'sid.eration regarding acceptance of the
Final Plat by. resolution. All resolutions
approving final plats shall, be recorded by the
subdivider, with copies of the recorded documents
to be provided to the City Attorney.
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, 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':
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3) 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
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E) • Sufficient survey data to positively
describe the bounds of every' -lot, block,
street, easement, or other area shown on the
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Ordinance Adopted: 5/13/98
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 City
Council . ,, -
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Ordinance Adopted: 5/13/98 r
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 direct personal
supervision,' signed and dated by the
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 location of utility
easements are properly placed for 'the
installation of`utilities .
Q)w Certification of ' dedication of streets and
other ' public property 4 and perpetual
easements for the installation, operation,
and maintenance of utilities.
- R) Contain a signature block for the signature
: of the Mayor certifying the City Council ' s
• approval of 'the plat .
S) Show any provisions provided by the ,,Code of
Iowa.
T) , Show appropriate date of IDNR & ' city
:approval of flood plain permits when
specific lots within the subdivision' are
proposed for development within the one-
.
hundred,year flood plain boundary.
w -
U) 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 .
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Ordinance Adopted: 5/13/98
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 City Council
or dedicated to the public.
9
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 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,splat 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
City Council .
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Ordnance Adopted: 5/13/98 t `°
v 3 ,
v. A petition signed by the owner and his
or her spouse petitioning the City
{ Council to pave any streets abutting
r a such subdivision °which petition waives' .
notice of time and place of hearing and
waives statutory protections w and
A
' limitations as to the cost and
assessment of improvements .
• vi'. A certificate from the county auditor
that the name or title of the
• subdivision plat is approved by the
county auditor.
vii . The subdivider -shall provide CAD format
reproductions of the plats to the City
` Engineer.
viii The subdivider shall have completed all
payments to the City Engineer for
inspection costs incurred €o the date
of submission of the final plat .
` ARTICLE VI: OTHER PROVISIONS
y a
6. 01 WAIVERS AND EXCEPTIONS
The following shall apply to the granting of
waivers° or exceptions : ,
•
A) ` Hardships . Where the City Council finds
that extraordinary" hardships or particular
difficulties regarding the ' physical
development. of land may result from strict
compliance with these regulations, it may
make waivers or exceptions to the
regulations so that substantial justice may
be done and the public interest secured,
provided that. such waiver or exceptions to
these regulations meets , the following
'criteria:
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Ordinance Adopted: 5/13/98
1) The granting of the waiver will not be
detrimental to the public safety,
health, or welfare or injurious to
other property or improvements in the
neighborhood in which the property is
{ located.
2) The conditions upon which the request
for a waiver is based are unique to the
property for which the waiver is
sought, and are not applicable,
generally, to other property.
3) Because of the particular physical
surroundings, shape or topographical
•
conditions of the specific property
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) A variance may not be granted solely on •
the basis of the subdivider' s desire to
{ earn a greater profit on the property.
B) Conditions.. In granting waivers and = •
exceptions; the City Council may require
such conditions as will, in its judgment,
secure substantially the objectives of the\
• standards or . requirements of these
regulations.
C) Procedure for Waiver or Exception. 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. The petitioni shall be referred
to the Planning and Zoning Commission for
its review and recommendation prior to
submission of the issue to the City Council .
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Ordinance Adopted: 5/13/98 3
6 . 02 CHANGES AND AMENDMENTS
Any provisions of these regulations may be
changed and amended from time to time by the City
.Council, `provided" that such change's 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 forward
its recommendation to the Council within thirty
} (30) days after. the City Council requests the
recommendation. The City Council shall then give
notice of and hold a public hearing ,on the
proposed amendment .
6 .'03 -SEVERABILITY CLAUSE
If any section, provision or part Of this
ordinance shall be adjudged invalid or
unconstitutional,. ' such adjudication shall not
affect the validity of the `ordinance as a whole
or any section, provision or part thereof not
adjudged invalid or' unconstitutional . .
k c.
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 4
,ordinance, regulation, or statute, the most
restrictive shall apply.
t 4 «
6 .05 WHEN EFFECTIVE
This ordinance shall be , effective after its final
passage, approval and` publication as 'provided by
law.
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•
•
Ordinance Adopted: 5/13/98 #1 y98-21s
On ' the 13th day of May 1998 , at a regular meeting of the ,,
. Tiffin City Council, Tiffin, Iowa, Councilperson
Walls 'introduced Ordinance No. 1998-218 , and
moved that it be given its first reading. The motion was
seconded by Councilperson Kern •
Ayes : Bartels, Kern, Gericke, Walls, and Ryan . ' .
Nayes : None.
Five members of the council being present and having voted
"Aye" , Mayor Glenn R. Potter declared the motion carried,
and Ordinance No. #108_' , was read the first time and
discussed and placed on record.
Thereupon, it was moved by Councilperson
Ryan and seconded by Councilperson
Gericke 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. #1998-218 be placed on, its last reading. -
Ayes : • Gericke, Ryan,'Walls, Kern, and Bartels.
Nayes :. None.
Five members of the council being present and having voted
"Aye'! , Mayor Glenn R. Potter declared the motion carried,
and Ordinance No. #1998-218 , was then placed on its last
. reading and was read the last time .
Thereupon, it was moved by Councilperson
d Ryan 1 and seconded by Councilperson
Gerirke that Ordinance No. #1998-218 be ,, ..
placed upon its final passage and adopted.
Ayes : • Gericke, Ryan, Walls, Kern and Bartels. .
Nayes :
None.
Five members of the council being present and having voted '
"Aye" , Mayor .Glenn R. Potter declared the motion carried,
and the ordinance was passed and adopted.
.
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t ,
Ordinance Adopted: 5/13/98 #1998-21.8
Wheteupon the mayor , declared that Ordinance No .
1998-216 be adopted and signified his approval of
same by fixing his signature thereto.'
Passed by the council on the 13th day of May 1998 and
approved by the mayor on the 13th day of May 1998 .
, . 91k,J175-( T*4
GLENN R. POTTER, Mayor
k 3
ATTEST:
MARGA EtT B. REIHMAN, 'City Clerk .
l •f'
I , Clerk of the City of Tiffin, Iowa, state' that an
ordinance entitled AN ORDINANCE REPEALING , ORDINANCE" NO.
1996-206, 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 GIN CONFORMANCE WITH CHAPTER. 354t OF THE
CODE OF IOWA, and known as No. 1998-21e was duly passed
by the council' on the 13th day of May 1998 , and , signed by
the mayor on the , 13th day of May 1998, and published on the
13th day of May 1998, by posting copies. thereof in three
public places within' the limits bf the City of Tiffin,
{ Iowa: `
That I posted .copies of Ordinance No. 1998-218 in the
following -places :
Tiffin.Post Office
Morgan s 'Servi re
Flansburg Hardward
ARET B. 75r, , y ,Clerk
4,
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