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HomeMy Public PortalAboutOrdinances-1998-218 r r s 3 J,,,,, i,( 3 . "r - r ) CITY OF TIFFIN + T F IOWA ORDINANCE NO. 1996- 7Q�, . ' `• )ANr. ORDINANCE `TEPEAL'ING •ORDINANCE NO. 1995-197, AND ANY AMENDMENTS THERETO, AND ADOPTING THE' FOLLOWING' ORDINANCEi. FOR e ' "' THE CITY- OF TIFFIN, !IOWA, FOR REGULATING THE SUBDIVISION OF ,a 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: r .• ' ' ' # - . t r. r { 4-`'BE ITS ORDAINED BY THE CITY- OF TIFFIN,, IOWA. ° N. or Ordinance No. '' 1995-197, And any amendments thereto, are hereby repealed and the',following_ is hereby adopted:. " r f ARTICLE I: GENERAL PROVISIONS: + . , 1.01 Short Title: This ordinance' shall be known as k.the "Subdivision Ordinanc e"•,of •the City of Tiffin, "Iowa. i . " 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, G safety and general welfare of the citizens of the City, of i 'Tiffin, Iowa. ' f f. 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 part's, (excepting 1 acquisition plats as defined , in Section', 2.01.2) fc ' .1e purpose Of laying out an addition, subdivision, kiuildang lot; or lots, acreage or suburban lots within the City q ' within s two (2) miles from the corporate 'limits—of the City, shall . , cause plats of ' such area ' td be made in the form, and containing the information, as hereinafter set forth before selling,' any lots =herein' contained or placing the 'plat. on , k orecord. -The City of Tiffin is-granted the authority to 'review J • said proposed subdivisions outside the city limits by Section 354.9 of the Code of Iowa.. • , ° f 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 F ` Chapter 354. 9, Code. of Iowa, shall be filed' for record with. i. 1 4/10/96 r ,. M - a I , . ' * 1 /' a° . a ; k r a t 4 h Ordinance Adopted: 5/13/98 • : AN ORDINANCE REPEALING ORDINANCE •NO ., 1996-205, AND ' h- ANY AMENDMENTS THERETO, AND ADOPTING THE FOLLOWING ,ORDINANCE FOR THE CITY s OF TIFFIN, IOWA, FOR , REGULATING THE SUBDIVISION OF LAND PRESCRIBING STANDARDS FOR SUBDIVISIONS AND FOR THE IMPROVEMENT 4 ' 4 THEREOF, PRESCRIBING. PROCEDURES FOR THE 1, OF . }i PROPOSED SUBDIVISION PLATS •-AND BD ESTABLISHING ' FEES i1 , `` - THEREFOR, LAND PRESCRIBING PENALTIES FOR ,f THE- k VIOLATION OF SUCH ORDINANCE. THIS ORDINANCE IS IN, CONFORMANCE WITH CHAPTER 354 ,OF 'THE ,CODE OF IOWA. ' .� BE IT ENACTED: Ordinance •No. 1996-205, and any, amendments ` thereto, are hereby repealed . and following is hereby adopted: I 'A ,' .. r ' 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 ' • r ff The purpose, of this ordinance is to provide I minimum standards for the design; development and ' improvement of all new subdivisions . of land, so , that_existing'=land uses"--will be protected, and,so A , that adequate provisions`,, 'are .,made for public facilities and serviced, and so that growth : occurs in 'an orderly manner; = consistent with the• general planning of the community and to promote` the •publ'ic health, safety- and" general °welfare of ' k the• citizens of -the City ofl , . Tiffin, Iowa. r , 1.03 Application , .t , . i bi:r f -. Every owner of any t'ractx, or; parcel of land who 1-has subdivided or shall hereafter subdivide or 4 • - . plat • ,said. ,tract or parcelt into' two ..(2) or more ,"parts, (excepting acquisition plans as defined in ° ' Section 2 . 01 .2) for the purpose of laying out an addition, subdivision,• , building lot, or lots, , i' 1 Last printed 05/06/98 1:35 PM 2 `' 1 a 4 , ' e .. , y k, Ordinance Adopted: 5/13/98 acreage or suburban lots :within the .City or , ' within, the area of the Fringe 'Area Agreement with f _ . - Johnson County, Iowa, ' shall cause" plats of such r area to be made .in the form, and containing the information,. as hereinafter set forth before a selling„ any lots herein ,contained `or placing the -f: plat on 'record. : Theµ `City"of Tiffin is granted " the . authority to .. review + £ said proposed _ subdivisions outsde. �the ` city limits by Section '' . t 354 . 9,1 of ,"the, Code of Iowa and the Fringe Area ' Agreement with Johnson, County, Iowa. , 1., . 1.04 'p, RECORDING ,OF PLAT - , `' , 1*r r , - 5 ` , , 4 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 , 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 City _ Council, at 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) 1days, unless such plat has been,. duly . - . recorded and evidence thereof filed with the City , . Clerk-11[within such thirty (30) days. tr i.1•.05. FEES ESTABLISHED ' i x The City ,Council shall, from time to time` . .-establish by resolution, fees for the review of ._ platsl No plat for any subdivision' shall be t considered filed with the City 'CTe'rk, ;unless and 4 . until .said plat is accompanied by the fee, as 1 . , • established by resolution. of the City Council, and as required by .this ordinance- , ., , , , 5, , e 4. ■ Last ',tinted 05/06/98 1 35"PM 3 . t I i Ordinance Adopted: 5/13/98 al y 'F z ; 7 f, • • 1-.06 ' ' ,PENALTIES N r - Any. person or persons, as owner or agent, who shall dispose of or, offer for sale any lot or , lots within the area off jurisdiction- of this ,ordinance, , until the plat thereof has been i. approved by the. City Council, land 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 ' on, ju action for injundtion,- mandamus or other appropriate actio or proce n eding to prevent any pending disposal or offer bf sale, or to prevent . any further disposal . or ' offer to sale in ' violation of this- ordinance. A s , i 1.07 , BUILDING PERMIT TO BE DENIED _ , f - 4 , ,, , , , No building permit shall be issued for x 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 ordinancethave ,been accepted by the City or other provision have been made in writingFwith the City regarding the completion of . -improvements. t 4 A ,building ,permit may bei 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 tiie requirement from the City regarding the 1 . same.me. ,, , ; f a • }' i ,. , . t Last printed 05/06/98 1:35 PM 4 i ' i , Ordinance Adopted: 5/13/98 ` a t , 1. ARTICLE II: DEFINITIONS .. 1 2: 01 'TERMS DEFINED I J For the purposes of this ordinance, certain words _ herein. shall" be defined as ' and interpreted as follows. Words used in the p'res'ent 'tense shall ` include the' future, the . singular shall include . k the ° 'plural, the plural shall include the Singular, the 'ma'sculine `gender shall include the . `' feminine, the term "shall" is - always mandatory, , , _ . and the term "may" is permissive. , 1,. "Acquisition plat -means the graphical 7 • representation of the division'' of land or ' a,,,,, 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 , .. t.. domain. ' , ' • w 'a ' s 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- 3 ' quarter, or one-quarter of one quarter shall be considered an .aliquot part of• a section. . ' e • ' - ,i ' r 3 . "Alley" means public, property dedicated to ,. . public use .primatily for vehicular access. to ' the back-/' or side of properties otherwise .. abutting on -a street. - • e , 1. 4. • "Auditor' s . -plat" means a subdivision plat .required by either the auditor or the ' • assessor•,, ` prepared by a surveyor under the • f`direction of the auditor. - 5. "Block" means an,' area •of 1 land within a • ,, subdivision that is entirely bounded by streets, railroad rights-of-way, rivers, - , , a, tracts of public land, or the boundary of tr, the subdivision. x . ,- - . . i i 1 Last printed 05/06/98 1:35 PM 5 4 . , , , i . A, Z i } Ordinance'Adopted: 5/13/98 4 1 6 . "City engineer" means , the professional engineer registered in the State of Iowa ` designated as City .Engineer, by the City . Council or other hiring. 'authority. 1 ; 7 . "Community Development, Plan" means the P general plan for the, development of the community, that may be titled master plan, i land use plan, or some Other title, which , plan has been adopted by the City Council . s. Such °Community , Development Plan" shall !, include any part Of ' such plan separately " adopted,. and any amendment to such plan or • part's thereof.. _ 4 - 1i 8 . `' "Conveyance" means an instrument filed with -; a recorder as evidence, of the ,transfer of 1 title to land, including any form of deed. or , contract. , r t , '9 . "Cul-de-Sac" : means a street having one `end connecting to another street, and the other 4 . end terminated by a. vehicular turn around. 9A. , "Design Standards" means a means- the City of Tiffin, ,• • �`, ,-Iowa Design Standards 'as adopted by . , , Resolution No.1997-21:; sand as may be from time-to-time amended thereafter by action of - the City Council. `` + . e S . .. 10 . "Division" means dividing a - tract or parcel 4. of land , into two parcels , of land by conveyance or for tax purposes. The :conveyance of an- •easemerit,- other than public highway easement, shall not be considered a division far the purpose of this chapter. t 11 . "Easement" means an .authorization by a ' property owner -for another to use a designated part of his. :property for a .. specified• purpose.; t # _A , t , P, . . , Last printed,05/06/98 1:35 PM i • • • s. , e Ordinance Adopted: 5/13/98 , i w. L , 12 .. "Flood hatard, area" means " any `'area subject , i' tb flooding by ' a Ode »percent (1%), probability flood, otherwise referred to as , a one hundred (100) year flood as , s designated by .the Iowa National Resources - Council or the Federal Insurance 1 ` Administration. .. , , , 13 . -"Flood Plain• Management 'Ordinance" means an r ' .. 'ordinance regulating the development: ' of all property located within a "flood plain as shown On the '..FEMA -flood . lain map fOr the •F . P P City- of' Tiffin. The Tiffin Flood - plain:y Management Ordinance is Ordinance No. 1994- ` .185. No. provision- of this Ordinance , shall vary the terms and conditions of the Flood • `° -Plain Management Ordinance. r, • . 14-. v "Floodway" means the channel of -,a river or s' , ,,,other watercourse and the adjacent' lands • that must be reserved In order, to discharge ; `, the waters' of a orie hundred (100) year' flood a . , 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. , "Fringe Area Agreement",', refers to the Fringe , Area Agreement "entered. into between. the City ' ' P - of• Tiffin' and Johrison 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- ti - Tiffin f i n shall follow the terms and ,provisions of this Ordinance and of the Zoning. ' - :Ordinance unless the Fringe Area Agreement t specifically provides otherwise. . 5 ' 17 . •"Government 'lot" means a• tract, within ,a section, that ' is normally described by a 'lot number `as represented sand identified ,On the township plat of the United States., public ` . land' survey' system. 5 } f ; Last printed 05/06/98 1:35 PM , 7 r W e'. ' m Ordinance Adopted: 5/13/98 s 18 . "Improvements" { mean changes to land . 1 necessary to prepare it for building sites _ . including but not limited to grading, filling, street paving, curb paving, . sidewalks, `walks ways, water mains, sewers, drainageways,' and other public works and, • ' appurtenances.,: ' ` E. 19. "Lot" means a tract of land represented and . ; identified by number or , letter designation • , on an gofficial plat . _ i . 20 . "Lot, Corner" : means a lot situated at the . intersection of two streets. f - i. . .. t. 21'. "Lot, Double Frontage" means any lot that is ' not a ,,corner lot that abuts-two streets. 44 ," F 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 1. 1 • reference to physical, features of the land. ' 4 23 . ' "Off.icial 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 . , r recorder, auditor, and assessor. . • . , • J'4 24 . "Owrierl" 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. ` 1 , 25., -"Parcel': means a part of ,a tract of land. . 4 - 3. i . - 26. :'Permanent, real estate ndex number" means a . unique number or:. combination of numbers assigned to a parcel of land pursuant to A section ,441.29 of the. Code of Iowa. k x • . 1 .. .. 1 t , d i J, i 1 1 l Last printed 05/06/98 1:35 PM 8 , . . , 3 , , r r. 1 . 1 Ordinance Adopted:'5/13/98 ` F 27 . "Planning commission"' "means the ' appointed , , commission ' designated, by the City 'Council for the purpose of this ordinance'•, and may also be -the zoning' •commission,. in which case ;0 such commission shall be known as the t. ._ Planning. and 'Zoning. Commission. . , j r , 28 : "Plat" means £a map drawing, or chart . on ' which a subdividers •plan for, the subdivision of land' is presented, that he or , she' submits for approval and intends, in . '• . final form, to record. - , * t 29. "Plats 'Officer" means ' the individual h assigned the duty, to administer , this' . _ . ' ordinance by the; - Ci•ty Council .or other ,ri c . appointing authority. . , 30 . "Plat , of survey"' means the , graphical 'representation of survey of one or` more \4i parcels of -land; including a 'complete and ' accurate description of• each parcel within . . . . the ,} plat, prepared. by a registered 'land- t 4 surveyor. ' a, 1. 3 . 31. "Proprietor" means a ' person who has a recorded , interest in land, including a. +- person selling- or buying land pursuant to a r ' contract, but , excluding persons holding ' mortgage; easement, or nen interest . t • " 32 . "Street" 'means, public property, not ans- • alley, intended for vehicular circulation., •4 t , `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. . t_ , �. t t , Last printed 05/06/98 1:35 PM 9 ? ' ` Y a 1 d 1 1 t Ordinance Adopted: 5/13/98 , ' , , , r . 34. •s"Street, Collector" means a street primarily ' designed to, connect smaller areas of the community, and _to carry traffic from local streets to arterial streets. 4 ' 3.5 ., "Subdivider" means the owner of the property being subdivided; or such other person or - entity empowered, to act on the owner' s ' . behalf. ' • q t 4 36. "Subdivision'''. 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 F 4 refer to the process of subdividing or to' .land subdivided. . . r `l .. . 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 bounty,where -- the-land is located. ' • 38 . "Surveyor." ,means .a registered land surveyor ' " who. engages „in they- 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 . , d ' 40:, ;`Utilities" means the., , systems for the ' distribution or collection+, of water, gas, € y electricity, wastewater,} and storm water. , . I' . i • ,.• . 4 rK Last printed,05/06/98 1:35 PM t 1 0 " 3 8 • , i . . , Ordinance Adopted: 5/13/98 , " ' i ' 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 they 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' a reviewed by the City- and the City Engineer. • y ,/ i s. • 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 t, ' Y - tax+increment reimbursement, and;: - >2) The' subdivider can demonstrate. how the City's . participation in cost sharing for improvements' within-the subdivision r will - achieve the goals: and' objectives ' " of the' urban renewal area, and; " i 6 3) The subdivider is. prepared to 'offer the w City an infrastructure improvement, t, " 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 Renewa] Plan: , . ' , = B) w In all` cases, 'the . owner ,shall extend -- municipal utilities and services'-'to the edge of a subdivision., A. ( 5 j w Y a 5. .i , r 1 9 . - ' .i + Last printed 05/06/98 1:35 4PM - " 11' .. .� i x � 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. 4 • t 3 .03 - .MINIMUM IMPROVEMENTS ` The improvements set forth below shall bey; considered the minimum improvements necessary to , protect the public health, safety and welfare. f .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 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. Easement 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 • Last printed 05/06/98 1:35 PM 12 . . . , t 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,' `buttnecessary to complete , . the. City City street "system as it relates' to , , both the area being platted and -other areas'. , In such event, the City will , k pay the subdivider the difference in y , cost of improving the wider street and. . s. , the street width..reasonable .to meet the - foreseeable needs of ,the4 subdivision t taken alone. The streets shall,- upon : . final approval 'and acceptance by „the - F. , City;, become' the.° property of . the City.- ' • 'The street ' shall ` be constructed in , compliance with the City of ' Tiffin, , . Iowa Design Standards. . - ,, B) y 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 _I' - , - ;due. regard being 'given to present or -.reasonably foreseeable needs. There shall S 31be ,constructed, at the subdivider' s •expense, . , a sanitary sewer system including all ,• ' I ' ' • ,:necessary pumping• stations, pumping 1 equipment, sewer access holes, and all other $'Ie,y. r.` , . _.-neces'sary or desirable• appurtenances to ,. provide for.. the discharge of sanitary sewage - A } . • from, all lots or parcels of land within the platted -area to a connection with the City"s t, sanitary ;;- sewer. The City's role in :reviewing the . plans-- is to determine the r '+ sanitary, sewer's placement,,. size, and route., - 'The " Sanitary Sewer System "shall be .constructed in compliance with the City= of .., .,� Tiffin; Iowa Designs Standards.q _ , a • , r 1) Under some circumstances 'the City may require, as' a condition for approval of ' .,.,. - - sanitary the plat, installation of a sanitar ' - , sewer. that is larger than necessary to ' ` k"-I' . . - meet the needs of the platted area, but necessary,. to complete the •City. sanitary ` _ t . `sewer ;system• as it relates to both the i.4 , ,, . .f F area:being platted and other areas In r A 4 t a r 1 Last printed,05/06/98 1:35 PM 1 3 , " , . , ' ' ' � . ' I v , E. Y ! + 7 1 Ordinance Adopted: 5/13/98• ,t , - , R such event-, the. City will pay the subdivider the difference, Rrin cost' of ` , pipe and ♦ installation between the larger sewer and the diameter of sewer r* reasonable to meet " the foreseeable � ,.needs of, the area. v „ 2) The City:' s ' inability to 3 efficiently 7 - collect or treat waste water may be Y grounds for rejection of a ' proposed " a" 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, ` , r. µ upon `inspection., approval arid abceptance , 'by the City, become the • + .. • property of the City. - r 4)• The subdivider must provide evidence of construction- permits from the Iowa - -- . . . Department of Natural Resources - prior + to approval of the final `plat . .. ' . 3 ,, ' F 7' C) . Storm 'Sewer Systems,„ The subdivider of lane'. 4 being platted shall install and construct a . . storm sewer " system 'adequate to serve the L - area,'`'including• anticipated• 'extension of use i ' to serve additional areas'. - The+ Storm Sewer • , System =shall be constructed in compliance 4 , . . with. the . City . of' Tiffin, 'Iowa Design ` - - *' Standards. r 3 2 d' - - - • 1) 'The storm water drainage system shall °_ be.. '.separated- and ' independent of any ' y ,. sanitary sewer _system. The 'acceptable . ' standard for sizing storm sewers is to , .-be a five=year,. f24 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 4of the- platted area, but • , necessary-' to complete the City' storm . 1 y. Last printed 05/06/98 1:35 PM 14' . • , • s s: •' Ordinance Adopted t5/13/98 1 t ' ' , $ • ., 4 • 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 ;, t , larger sewer '.and•,"the .diameter of, sewer , ' reasonable *to meet, the foreseeable needs of the-area. 4 . r , 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 t. , 4. _ drainage facilities.. outside the area of , ' the subdivision. The subdivider' s ` 1 . ,. , .. '' drainage studies together with such .. . other. studies:' as shall be appropriate shall serve as a guide to needed ' . • 'improvements: Where it i.s anticipated k " ' ` that the additional runoff incident to • .- f . the development of the subdivision will ' ` overload -- an • existing downstream drainage facility, the Council may • K ' _ withhold approval of the subdivision . ' _ until provision, has been made for the - t 'recovery' of the cost for the . . ' improvement of said potential condition • - " in- such =sum as the City Council shall` i-" determine. No subdivision., shall be approved unless .=adequate drainage will be provided- to an adequate drainage '" _. watercourse or. facility.,, ' , k , - - . . , ' ' . i - - - -5) •The•' subdivider 'must document that 4 - . adequate storm -detention is included in `' i- the storm sewer design. This , may . require work outside of the proposed w subdivision's boundaries which is the _ , sole, responsibility of the subdivider. . : TheaCity may require this work to be. , • undertaken to protect surrounding ' 4 F . ,Last printed 05/06/96 '1:35 PM 15 v t Ordinance Adopted:5/.93/98 , properties as a condition for approval . of the subdivision. t. • , , , . .6) •The storm= sewers shall, upon inspection, approval and acceptance by the City, become' the property of the a city. However;. may not own any - V; , detention basin or other storage facility and may require written, - , , provisions for the maintenance of the _ -, facility. . , I . ' • D) .Water Main - System in Generale 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 T 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. L 1) The subdivider. shall ' install adequate water ,facilities,, and fire - ydrants 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 a i - hydrants shall be shown On the . preliminary plat., . r 2) All Iowa Department =.of Natural .,, Resources permits ,must ,be secured prior to approval of _.the final plat . • , 3) Under some circumstances the city may . - - require, es: 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 ' ' ' r. Last printed 05/06/98 1:35• PM 16 t , , . Ordinance Adopted: 5/13/98 't `+ . -_ 8 } ,5 distribution system as it relates to r both the area being platted and other •; 4 ' :areas: ` In such event the City will pay . the subdivider the; difference in cost ,.; of •:,p'ipe and installation between the . " larger' water main and the diameter of water main reasonable to meet the foreseeable needs of the area. • • ,. , • • W 4) n 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 Y - « . ' requested by. the -City, from the subdivider to pay for the ,necessary f 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: , . , . ' 4;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, ' i and the .installation of street lighting. 1 „ 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 ,, donstructed - in . compliance • with , the 4 provisions'of the Design "Standards. f R « . . 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 • in a common easement. r Said easements shall Last printed 05/06/98 1:35 PM 17 . ' y F r Ordinance Adopted: 5/13/98 ' e. i . , 1 be at least ten (10) feet in- width. .Easements of greater -width may be required 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 .F F'' subdivided, the subdivider shall, at his own . _ expense., make adequate provisions for the . .proper drainage bf 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 i 7 of the watercourse, as .approved by the City. 3 .05 .MAINTENANCE BOND REQUIRED . Thef owner and subdivider of thee land being fi . .,_ 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 ' 4 1 responsible to . maintain , such. improvement in good ' ` _' repair. The City may, at its sole discretion,, L F . accept alternative sureties to. maintenance bonds to insure , the workmanship of the improvements . accepted by the.. 'City. A performance bond will _ also 'be required er Section 5:12 ., . e . .• . , • A F Z .. k Y r . . t" - . t • r . . Y Last printed 05/06/98 1:35 PM .18- ., , , { 4 , Ordinance Adopted: 5/13/98 . L p % ARTICLE IV: . ' MINIMUM STANDARDS 'FFOR THE,DESIGN' -OF SUBDIVISIONS r , 4.01 -STANDARDS PRESCRIBED 4 ' -1 - 1 i - The standards set' forth in `this ordinance and ' j those contained in the Design Standards shall be . ' '= conisidered 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' .agenc 'ie's . In the . ; event that the City' s minimum 'standards should conflict with applicable state and federal t ., requirements, the state' 'and federal requirements . ' shall, prevail . _ ' c s 4.02 ,LAND 'SUITABILITY r ` , , . , !e 4 k M , • No 'land' 'shall be subdivided that is' found to be unsuitable for subdividing by reason- of flooding, f ponding, poor drainage',' ,adverse soil 'conditions, . adverse 'geological formations, unsatisfactory ' . topography or other conditions likely to be 4 " harmful to the public health, safety or general welfare, unless - such unsuitable conditions are corrected to the satisfaction 'df.. 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 5. an opportunity to ' . present data regarding such unsuitability. Thereafter, the City' Council may reaffirm, ' modify • ' or . withdraw its determination regarding such 4. unsuitability.. ; - t' . i - , ' 4.03, LANDS, SUBJECT TO FLOODING _ t - • . 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 Tiffin Flood Plain Management Ordinance. No lot , - • ' Last printed 05/06/98 1:35 PM 19 i , 1 . . , 3 Ordinance Adopted: 5/13/98 r r 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 . 1, , 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. . a • . .0. 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 r ,, . 7 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 ti .. maintenance by such owners'. - C)' ' If acceptable to the City, dedicated to the' City as public open space for recreation, or a . flood control= purposes. - . , , 4:04 , -PLAT ;TO CONFORM TO COMMUNITY DEVELOPMENT PLAN z b _ . 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 limited to a.. Major,-Street.. Plan, a Sanitary 'Sewer System Plan, or a Parks and Open Space Plan-, provided such plant has been adopted by, the City. . Last printed 05/06/98 1:35 PM 2 0 . 4. Ordinance Adopted:"5/13/98 , t 4.05 Y CONSTRUCTION-STANDARDS -PM IMPROVEMENTS: . t 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 ' t such force and effect as. if they -were fully set forth herein. , <. : , , 4.06 ' STREET STANDARDS . e t ° ,, f F The City of Tiffin, Iowa Design Standards shall . govern all standards for the construction of, ' streets:,. driveways', and 'sidewalks as. provided 1 - . -therein unless specificallytcontradicted by the' e r. terms of the Subdivision Ordinance. °° , • ., A) General.: The following standards shall 4 ' , .apply to all streets to be located " within `„ , \ P • ,w , the subdivision: ., - • '1) Streets y shall provide for the ' f ,, continuation of arterial and collector streets from adjoining platted areas, . and' the .extension of such , streets into°- ' • adjoinin4 unplatted areas. ' Where a , • plat encompasses the location for an , ' - -`arterial' or collector street proposed. in -the .Community' Development Plan or ' . . • E . ' the Street Plan, the plat shall provide ' ` ' ' for such street . , , • 2) Street grades shall align to existing, ' , streets, and all grades for .streets : w shall be as approved by the City. ` . , , , . r 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 , 4 . .widths shall be as specified in the ,.. tec1inical , standards . 'for public • - improvements. J, G i t Y " 1 J e Last printed 05/06/98 1:35 PM 21 1 , . . } . . i Ordinance Adopted: 5/13/98 • . ° f , ` `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 .r 'topography, or• other physical , n, conditions make such,jogs unavoidable. c ar ,_8) Streets shall intersect-- . as nearly" at •• right angles ab possible; and no street k shall intersect any other street at. ,, less than sixty '(60) degrees.' a - , 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 fort_ sidewalks, traffic 1 • control devices, and other necessary • improvements without encroachment onto f ' the corner` lots .. I . 10) Deadend- streets are prohibited except ' where a street-- is planned ' to continue " past the subdivider' s property, a . s 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 rt no other- feasible alternatives , available. . f A Last printed 05/06/98 1:35 PM 2 2 ,•..�, r . f 1, a 1 4 Ordinance Adopted: 5/13/98, *_, a. ' • 12). In general, alleys shall not be Y permitted in' residential areas and - a 'shall be required in commercial areas with normal street frontage . , Dead end " - x alleys are prohibited, unless provided with a turn-around with a minimum a . right-of-way diameter of one hundred (100) feet . . - , ., `. 13) 'When a' tract is subdivided into larger ' than normal lots ore 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, • opening`s and extensions for such streets or utilities may, at the ' discretion of the City Council, be made a requirement of the plat . • w 14) `Streets that are- or will become , extensions Of existing streets shall be a . - . given the same name as the existing • streets. New street names shall not be the same or sound similar to,` exsting Street names . All -street names shall { be at the approval of the City ' Council. • ' w ' 15) i 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 ' - r - legal-documents ensure that the. City . ,. will not have or need to assume any-, maintenance or other responsibility for - 1 r , 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:- ' ,.• A A .0 + y ' t.Last printed'05/06/98 1:35i14 - `2 3 , S i Ordinance Adopted: 5/13198 ' .k .1 1) In all districts a buffer.. strip . at t ,least fifty (50) feet in depth in • addition to the normal depth of the lot ►• ,. 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 is reserved for screening. Thee placement Of structures hereon is prohibited. " , .2) =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: t 4.07 BLOCK AND' LOT STANDARDS 1 . 9 = , The following standards shall apply to the layout Of. blocks and, lots in all subdivisions: , A) No residential block shall be longer than r thirteen hundred (1,300) feet or shorter than three hundred (300) feet measured from street line to street line. Thefwidth of blocks should be arranged so as to allow two tiers of lots, with utility easement . J 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 . , . . - • . . h Last printed 05/06/98'1:35 PM 24 . 1 3 'y Ordinance Adopted: 5/13/98 ` , ' ' C) -The size rand shape Of lots intended for �' commercial or industrial use shall. be ` adequate to provide '' .for the use " int'ended, and tb meet the parking, loading, and other- ' requirements' for such 'uses' contained in the` , , • a i zoning ordinance. ; r M, s D) -Lot arrangement and design shall II all be. such , that : all lots ' will provide ' satisfactory', , ' building ' sites, properly related, to t ' I '' ' ' `° ` topography and surrounding land uses . ' c- ,� a ., E) All lots shall comply with all. 'requirements= ' f the zoning ordinance applicable 'to the . zone;,in which the lot is' located. . ,, AF) All`' lots shall abut a public street or an W " approved •private street. ` '' G).. Unless unaoidable, lots shall not front, or:: ' have direct' access to arterial streets. '1. =Where unavoidable, lots shall be so arranged , ' as to minimize the number of' access points. . ,, 1 + H) All lot Tines shall be at right angles to a ' , straight street lines 'or° radial to curved s ,. .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 ' ' ' ` f - 4'... , " ' where., abutting > a major, street ,and a minor ' 4-+ street, and such lots shall front only on 1 • . . : ' minor -streets. ': V' • 4:08,. PARKS ,AND OPEN SPACE , , ' ` d . , All subdivisions should be 'so .designed as to meet the •:neighbohood park'' and open space needs. of ., ., their` residents. The following standards and r procedures will be- used to determine the park and _ .. ,-!' open. , spate requirements for all , proposed . developments or subdivisions greater than 1/2 `,t acre in size within. the City of Tiffin: y . Y +. . " F a 2 E r j r , . X25 . ' • ,, 1 I . .. ,. ' I . 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. , : I` q . Y y 1) If it is feasible and compatible with .. • the ,Community Development Plan of the City of Tiffin, l as determined : by .the City Council upon stile recommendation of k the. Planning and Zoning Commission, the subdivider will be required to dedicate , and reserve an area for parks' and open 4.- space, without cost to the City. a) The amount of land shall be ", determined by first calculating yq 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 -o'f the . . . Planning' ..and Zoning Commission, ''the V • , r i i , 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 W ' to be determined and. used in' ' 'the following manner,: ' a) The City 4. Council,' upon ' recommendation, of ..the Planning and • 1 ' Zoning' Commission, . shall determine . - the size -of .the ,-land area which. it . ,would have required to set aside. . r F Last printed 05/06/98 1:35 PM 2 c • c. v , , . a f t: . , 4•• Ordinance Adopted: 5/13/98 .` I- '' - 1 , s . w . for parks open space (5% of r - . the total land area) . , r •- 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 u a • . ` .. such ' purchase price or cost; ' ,. provided• such purchase price or cbs't , i is the current fair and reasonable valuie of the land.- If , such purchase price or cost does ' not• reflect the current fair value " ' of the ,Ind, the fair value of ` t • i said land' shall be determined" by i F , 'an impartial appraisal, .. and in L _ • ,t such manner as may be designated ,` -by the City Council, cost for said , ' t • appraisal' to' ,be shared 'equally' . between the subdivider and the t . . City.. " c) -Al l funds .sb levied, assessed,, and ` " , } • w collected' by the City shall be 3 . , deposited in ;a. special .fund _to be , . � . • , known as the "Special Fund for the a. 1 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 - ..f, purposes at such places and in j such` , a manner as shall be ' , approved, ordered arid,.directed by ' ' . 4 - x . a recreation committee appointed " by the City Council . , r , . • ' 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 F F • •"facilit'ies. -. i - i , , r t i Last printed•05/06/98 1:35 PM 7 , , r , i Ordinance Adopted: 5/13/98- . , s• _B) At the time of the preliminary plat approval, the City Council, upon r 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 t 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 . , y 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 then CityA' s ,Community Development Plan. 2) g 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 th neighborhood in which the , • fsubdivision is located, ■ , Last printed 05/06/98 1:35 PM 2 8 - R _ , R + F 5 s n a-. '- Ordinance Adopted: 5/13/98 ' t s 6) , The' unsuitability in the subdivision -for open space and recreational purposes by reason of, location, :access, , greater cost -of development and . maintenance. . r ' ' •� ti .7) The { possibility that land immediately ' Adjoining the .subdivision will serve in . ''whore or in part the public service 'area, open space,' and recreational J +.J needs of such subdivision. i R 1 . - - '8) Any and all other information relevant- ,.' 4! �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}IRESERVED ' • - ' • . When a ,tract. being subdivided includes lands • proposed! t to -be, parks or- school `sites in the ' Community. Development Plantor' other official 'plan ' of the City, the subdivider shall indicate such S , • areas on the plat. t t ' A R. "' .7'. tl R. ' A) ' Proposed park•' sites shall -be reserved for . ' three (3) years; 'giving the City or 'other authorized public agency the option- to ', t purchase the land at the appraised raw land . • value- prior to the subdivision ,. as ' , established by a certified land appraiser. . r '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 ' a 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. { t s . , a i Last printed 05/06/98 1:35 PM . -2 9 . . , •4 , P r 4 51 . , r . • Ordinance Adopted: 5/13/98 • • , E , B) Proposed school-sites shall be reserved for , s three (3) years,- giving the appropriate school district the option to' purchase the . land at the appraised--raw land value prior to the sulidivi.sion •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 th'e subdivider between F . 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: 1 7 fi A) General . .If a proposed subdivision included .land . '., that is used for commercial or industrial , purpose, the layout :of the :subdivision with respect to such-xland may be subject to additional provisions -as the City, Council ma_y require. A . , nonresidential subdivision shall be 'k 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 . . E 4 q B) , Standards. In addition • to the principles and standards in these regulations,, which are appropriate to. the _planning of all subdivisions, ,, . the subdividers -,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: . Y Last printed 05/06/98 1:35 PM 3 0 sa Ordinance Adapted: 5/13/98 ! , J 1) Proposed industrial or ' ,, ' Commercial parcels Y `shall comply with the zoning ordinance. , 0. , 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. . . 4 . .:3) Special: requirements may be imposed by the • , City` 'with respect to the - installation .of r ° f •- ' , public utilities, including water, sewer,, ' .:4 and:,storm water drainage. '' 4) Every effort shall be,'� made ,• toy protect ° , adjacent residential areas ' from Fpotential . nuisance from a proposed commercial or ,industril 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 r ° existing ,or potential- residential areas,. - . 4 r , G i y • ARTICLE V:' • • PROCEDURES AND SUBMISSION, REQUIREMENTSiFOR -PLATS_ , 1, 4 - 5.01 PRE-APPLICATION CONFERENCE , ' . . ' Whenever a 0- .subdivision located' within the : platting jurisdiction of the City is proposed, ; the owner and subdivider shall scriedtzle a pre- application conference with the Plats Officer. The conference should be attended by the Plats Officer and such other City or .'Utility , ° • representatives as is deemed desirable; and by the owner and his engineer or planner, as deemed ' desirable`. ,. ,. a . ,r '.,� .. The purpose -,•of such conference shall ; be to. acquaint the City with. the proposed subdivision, 4 - 4 Last printed 05/06/98 1:35' PM 3 1 , ' l . Ordinance Adopted: 5/13/98 ' - . ` and .to acquaint', 'thee subdivider with the requirements, procedures, and any special , • problems related to the proposed subdivision. S ; f� t , .. 4 I e 5 . 02 f_ SKETCH PLAN, REQUIRED For - the pre-application conference, the . . subdivider, shall . provide asmap or� ske_ tch'' showing the location of the subdivision,: the Igeneral location of any -proposed -streets and other , . improvements, and the general layout and arrangement of intended land uses, in relation to" . ' the surrounding area... 1 5.03 PRESENTATION TO PLANNING COMMISSION ' t The subdivider 'may present the sketch plan to .the Planning Commission for review, ` prior cto incurring, ,significant' costs preparing 'the preliminary or f.inai }plat .- A 5.04 , . SUHDIVISIONCLASSIFIED . ` Any proposed subdivision shall 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. ' I . - - ,. F ` A) Minor. Subdivision: i Any subdivision 'that contains not mare than'. three (3) , lots fronting ' on an existing , street or private drive and that does not -F ' 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 . • ,. - x: . •B) Major Subdivision:.r .• • Any subdivision that, in the` opinion of the City Council, -does not for any reason , meet the definition of a minor, subdivision i , shall be classified as a major subdivision. . € Last printed 05/06/98 135 PM 32 2 , r 4 I i . .�. .p. 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 ' requited, by this ordinance. The owner and subdivider, of any major subdivision shall comply with the requirements for a preliminary plat arid' F -. ., . -the requirements for -a final plat . The owner and . • subdivider of a minor. ,subdivisi'on may elect to . combine the requirements of the preliminary and, final .plats into .a single document. f . I . 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 A, , shall not exceed twenty-four inches ,by thirty-six •inches (24" x 3.6") .` 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-, ` rand 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". ' ' y ' ,_ , r . C 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. ' - r , , . . . . , 1 Last printed 05/06/98 1:35 PM 3 33 - S * + 3' - e L r r • I . -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 boundary shall be attached. n - . F) The locationof, property lines, streets and • alleys, easements, buildings, utilities, A. watercourses, tree masses, and other existing features affecting the plat . { a 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 4 a F > the site is . less than ten (10) -percent ' and at vertical intervals of not more than five- (5) °4 feet if the general. slope is ,ten (10) • ' , percent or greater: 1 I) Identificatioh , of any flood plain areas and ,, -100 feet year flood *elevation; and the flood . , plain "alpha-numeric designation: within- the , subdivision. x . ,. 4 I w ` W) 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 j location of the property in reference to known section' lines. L) The' layout, '--numbers . and approximate dimensions of proposed lots'. 1 M) The- location, width and dimensions Of all streets and alleys proposed to' be dedicated. for public use. F t _y Last printed.,05/06/98 1:35 PM 34 �' t • P - s t . A ' Ordinance Adopted: 5/13/98 0 . , • • N) ' The 'proposed names for all streets in - the + r ` area being platted. ° r ' 0) Present and 'proposed utility systems, including sanitary and ,storm sewers,.. other' , drainage facilities, water lines, gas mains, ' electric. utilities, cable utilities., , S telephone utilities arid" other facilities, ' ' and their connections 'to--existing utilities'. , . ,s _, < 4, P) Proposed . easements, showing locations, r widths, purposes and l'imitation's. . , - i -,. • Q) Parcels of' land proposed to 'be dedicated or reserved for schools, parks, playgrounds, or' .. other public, semi-public dr, community i purposed, 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 incorporatedyin 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 in the ,subdivision area will be • ° . . grounds• for• rejecting the- plat. • r 5,.07 PROCEDURES FOR REVIEW "OF PRELIMINARY PLATS 6e€ o0 25 A) The City. Clerk, upon receipt of twenty (20) 2C�� , copies of, the preliminary plat, shall file one copy in the records of ` the City, shall retain•_,one copy for public 'inspection, and . i - shall forward- the remaining copies of the 1 , .i° ..plat as .provided 'herein. S T . , ° 0 , Last printed 05/06/98 1;35 PM 35 , . • 5 _ Ordinance Adopted:•5/13/98 ' i • . 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. 1 . - ' C) The .Planning 4Commission 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. ning Commission shall, within The Plan forty- five (45) days of the filing of the plat • withwthe City. Clerk, forward a report and- recommendation regarding the plat to the 4 'City Council . If such recommendatioh 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. 4 - - D) The City Council shall examine the plat, the reports of the- City Engineer . and City 1 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 suchr .examinati'on, the. City. Council may. approve, •approve subject to 4 ',° conditions, or disapprove the plat . f If the . • a ` , decision of the City Council :is ' to�' y 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 City Counc°il, and j u, , Last printed 05/06/98 1:35 PM 3 6 ,. I. . k } - i Ordinance Adopted: 5/13/98 s „ , such decisions shall' be provided to the ' ■ subdivider. ' Action on ' the 'preliminary, plat L by' the City' Council shall be taken within w ' -sixty (60)` days of the: filing of the plat • , with -the City Clerk. • r • t 1.5.'08 =, ' DURATION OF APPROVAL, OF PRELIMINARY PLAT • . The approval of -a preliminary lat 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 bevbid - ` and' the subdivider , . shall take no action requiring the ",precedent , . ° approval of 'a preliminary, plat ' except upon. y - - 'application for and approval of an extension of , I° , , , ' such period of validity, by the: City Council .. . i V I - , '5.09 AUTHORIZATION TO INSTALL IMPROVEMENTS The approval of the pr y plat „� eliminarlat shall ` ' constitute authorization by the City Council for, Y. ' , the installation of "improvements as required by this ordinance; and as shown on' the preliminary' ,• T plat; provided, no' such improvement shall be Constructed or ,installed until and unless the ,, plans, profiles,: °cros•s .sections, and - ' specifications for the ' construction. of such • . improvement have- -been submitted to, and. approved 1` - .. in writing ., by, —the City -Engineer. and all necessary permits have been issued ' ',from the s appropriate State, and Federal 'agencies (e.g. , ' `` -, IDNR and IDOT),. , • - .y , . . N 5.10 , -TRANSFER OF LOTS WITHOUT CONSTRUCTING IMPROVEMENTS ,. i . • 1. •In the event' the, ' subdivider, its assigns or 'successors in interest, should transfer lots in a - subdivision _ without .., having constructed, or ;; installed:1 the pavement, watermains, Sanitary- . r : sewer,J :storm `sewers, :'sidewalks,, or other `public _ k _, improvements, the city tshall Piave the right to , , install and construct 1) such improvements and the w 1 costs ;of such .improvements shall be lien and•. •• , charge against all, the =°lots• adjacent. to' or.� in • _, Last printed 05/06/98 1:35 PM 3 7 - ,' • e , .. , t x ` ' a =, S Ordinance Adopted:$/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. F , 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 u , • " �� subdivision until properly released by the city. `' I G E . c . f; ' 5.114 COMPLETION AND ACCEPTANCE,OF IMPROVEMENTS ,. k µ t 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, , , • 1 ,report that ,.. said improvements meet all City , . , specifications and ordinances or other city ' _ ,requirements, - and the agreements between the { .. subdivider and the City. - - - .,_ - :- f 5.12 PERFORMANCE. BONDPERMITTED • -1 A I a 4 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 - improvement's not -completed shall be 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 k . will be accepted only after their construction has .been completed. I , ` f 4 ,- F , ., , . 5 .13 REQUIREMENT OF THE FINAL PLAT . ' - $ 1 • o - 4 • y ' • - The subdivider ' shall; . within one (1) year from - , s - , the date of approval of the',preliminary plat, - ` unless such- ` time period' has been extended, 0' prepare and file with• the `City Clerk', twenty (20) }. ( . - copies of - the final plat and required . . 4 . Last printed' 05/06/98 1:35 PM* 38 . - ' • 1 r r i. 7 • Ordinance Adopted:`5/13/98 - • ` , • 'attachments; as set forth in this ordinance. Except for a final plat' for a minor" subdivision las 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 t , , .expired and become void as set forth above. Copies of ,t:he ` 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 consideration regarding 'acceptance of the Final. . Plat ' by resolution. All resolutions - . - approving final plats Shall,r 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" = 1.00 ' ) or larger. Sheet' size shall' be. rib greater" than , eighteen inches bytwenty-four` inches (18". x 24.") ' nor smaller than eight and one-half inches by-, 4 eleven inches '(8-1/2" 4 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 iof ,.the sheet, the total number of r : shee'ts included in the plat, and match lines _ , indicating where 'other sheets adjoin. ry ` f , 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 i subdivider. - . ' 8 { ' C) 'Scale, and a graphic bat 'scale, north arrow a and date 'on each sheet . , • - y D) All monuments to be of record as required by" Chapter 355, Code of Iowa`. ■ .' E) -Sufficient survey data to positively ' t . t• describe Ithe ' bounds , of every' -lot, block, • street, easement, or other area shown on the , r Last printed 05/06/98 1:35 PM (� .- 1 " 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. 1 G) All. adjoining properties sh'al1 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 rrecorded ` subdivision, sufficient ties shall be shown W to' controlling lines appearing lon the earlier plat to permit, an overlay to be made. a F' 3 " i H) Street -names and clear designation of public alleys. - ' • Z) Block and lot numbers. . V r 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 r plat shall be 'confined to only those , easements pertaining to public utilities including gas, power, telephone; cable television, water, sewer; easements fbr trails, bikeways, ingress and egress and 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' .larid is- of sufficient" 4 size and shape to be of- some practical use + " t 6r service . as determined by the City F Council . . , 1 • • Last printed 05/06/98 1:35 PM 40 . . t . i Ordinance Adopted: 5/13/98 N) The minimum unadjusted acceptable ' error of I closure for all 'subdivision• boundaries shall : be 1: 10, 000 and ' shall be 1: 15, 000 for any individual 'lot. • � J - ,. • , 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 ' F registration, number or seal, and a sealed '. certi-fication of the accuracy of the plat. by :the.,, registered land' surveyor who drew the, } plat.' °L " b • • , . .- P) 'Certification .by the local public utility ' ` .. companies that the location of utility ; easements 'are properly placed for the . installation of`utilities'. , 'F -# .Q)_' •Certi'fic'ation . of dedication. of streets and other ' public property .4 and perpetual easements. for the -installation, operation, i' andkemaintenanae 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. '4 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- F `r hundred,year. fload °.plain boundary. , z,. • U) The, final plat should' " also have the .. following accompanying 'instrumehts: i . An opinion by an attorney at law who 6. 'has examined the Abstract of Title for F - . . ,° the land being platted, stating the • ' names of- the proprietors and holders Of ., ' mortgages, • liens, or other " encumbrances, along with any: bonds ' securingFthe encumbrances. , ' •Last printed 05/06/98 1:35 PM 41r , . Ordinance Adopted: 5113198 ' , . . , r 1 M , . 1 ii. A statement from the mortgages holders or lienholder.s, if any, that the plat is prepared. with .their free consent and ,_ in accordance with their i•desire, , signed, and acknowledged before an .., officer authorized ,to take the • acknowledgment of deeds. An affidavit .. , and. bond in an yamount doublet bf 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. 1 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 dare secured by ja- bond double in the amount of the lien and :approved by the recorder and clerk of district court and which runsl tb the County for the benef it 5 of purchasers of ` lots; within the,, plat `and filed with the k recorder. 1 - , F iv. A statement . by the proprietors a 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 r0 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, r . if - the dedication is approved 1 by the City Council .• , , .J - Last printed 05/06/98 1:35 PM 4 2 ' 1 . i Ordnance Adopted: 5/13/98 • V. -A petition signed by the 'owner and his . " _ or her spouse petitioning the City .( Council to pave any streets abutting ;' ' 're 4 `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 • improvement-s. ti # vi. A. certificate from the county+ auditor i that the name- or title of the c - r subdivision plat is approved by •the' county auditor. -vii . The subdivider -shall provide CAD format reproductions of the plats to the City • ` Engineer.` • r • .. viii The subdivider shall . have completed all , ' - payments to ` the" City Engineer for . inspection- costs incurred to the "date , of submission of the final plat... R , . Y j / ' ARTICLE VI: OTHER- `PROVISIONS ' . , 6.01, WAIVERS AND EXCEPTIONS ,'�'- 4 ,. . - r The following shall apply to the granting of waivers! or exceptions: ,, ' P ( . A) '` Hardships. Where the City Council finds ' . ' . ' that extraordinary` hardships or. particular `. . difficulties ', regarding. 4 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 1 . `be done and the public interest secured, - .provided that. such ,waiver or excep tions to' these regulations Meets , the following criteria: . " . . .. t 1 . 4 ' 4 r • , a. , Last printed 05/06/98 1:35 PM 43 3 , . ■ t ,� 4 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. ; r 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, v if the '. - strict letter of - the regulations were . ' - carried out . ' I 4) A variance may not. be granted solely on _. the basis of the subdivider' s desire to 4 earn a greater profit on the property. • 9 1 B) Conditions., In granting waivers and , • exceptions, the City Council 'mays 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 variatioh• or exception . s ' shall be 'submitted in writing, t by . the .,Y developer at` the time when the preliminary ' , . plat is filed. The petition ; y shall state _ fully the grounds for the4 application and , . all of the . facts '.relied upon by the . .petitioner. The 'petitions' shall be referred to the Planning and Zoning Commission for • its review and recommendation prior to submission of the issue to the City Council . , , +1 l 1 , Last printed 05/06/98 1:35 PM 4 4 . • + ' `' y . •4 f ` , .. e . S.- • ! Ordinance Adopted: 5/13/98 ._ . ^ 6.02 CHANGES AND AMENDMENTS , r ,t 1., ,. 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 shearing 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. ' , ' i 6:'03 " ' ,SEVERABILITY CLAUSE' ''If. any section, provision •or part of this' c i -ordinance shall be adjudged` invalid , or unconstitutional,• ' such adjudication shall not .i - affect the validity of: the 'ordinance as a whole , ; t or any section,' provision or part thereof not 'adjudged invalid or'unconstitutional. i i '6.04 , ORDINANCE NOT, TO LIMIT-OTHER ORDINANCES £ ` 0 , Nothing contained herein -shall serve to abrogate, limit., repeal, or otherwise modify any ,other ordinance or regulation except, as expressly- set ' forth herein. .. I•f any provision of,, this ordinance ' conflicts with the provisions of . any other ,. ,ordinance,' regulatiOn,' or "statute, the most , restrictive shall apply. i r 4 d 6.05 WHEN EFFECTIVE . a t ,. . This ordinance shall be • effective after its final passage, approval and' ,,publication as •prbvided by , law.. # P , Last.printed 05/06/98 135 'PM 4 5 -• , t, F , . ,. , t t •t'' - ' i • 7 . • I . w Ordinance Adopted: 5/13/98 111998-2l' . 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 Y seconded by Councilperson Kern , Ayes : . Bartels;- Kern, Geridke, Walls, .and Rvan.. 1 .' . , Nayes . None. • Five member's of the council being present and having voted "Aye" Mayor Glenn R. Potter , declared the motiorit. carried, j and Ordinance No. #1o0_?1R 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 1 and that a Ordinance No. #1998-216 • be placed on, its last reading. - Ayes: •Gericke, Ryan,'Wain, Kern, and •Bar'`tels. t , Mayes:. None. ■ Five members of the council being present and having voted' "Aye-'! , Mayor Glenn R. Potter declared the motion carried, and Ordinance No. #1998-216' was then" placed on it's'. last . ,,reading and was- read the last time. 1 w _ Thereupon, it was moved ' by ' Councilperson - Ryan , and seconded, by Councilperson GPrirke , that Ordinance 'No. #1998-218 be ,, .. . placed upon its- final passage and adopted. , 1 Ayes : Gericke, Ryan, Walls,. Kern and Bartels. Nayes: None. i, ' Five members . of the council being- present and having voted ' r "Aye" , Mayor _Glenn R. Potter declared the motion carried, and the ordinance was passed and adopted. `i, K Last printed 05/06/98 1:35 PM • 46 , I Ordinance Adopted: 5/13/98 #1998-21.8 r . ' Wheteupon the mayor. declared that ,Ordinance No. 1998-216 be adopted and signified his, approval of ' same by, fixing his signature thereto.' I ` Passed by the council on the 13th day of May 1998 and . approved by 'the mayor on the 13th day of May 'i1998 . Y-bc ik ., 7 d GLENN R. POTTER,- Mayor I , r . ATTEST: . ' . ' -i(--._-. .)-, C. --,_,-...,..i:._.... : MARL Et' B. hEIHMAN, City Clerk . 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 ' C PRESCRIBING PENALTIES FOR THE VIOLATION OF SUCH ORDINANCE. THIS ORDINANCE`' IS rIN CONFORMANCE WITH CHAPTER. 354 OF THE CODE, OF IOWA, and known as No. 1998-21ER > 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, F Iowa: That I posted .copies of Ordinance No. 1998-218 i k in the t following 'places : . 1 Tiffin.Post Office ' Morgan's Service . - L Flansburg. Hardware I ARET B. ,(F,ty •Clerk _,_ < a 4.. . .1 w d. ,tr i 4 j rt • Last printed 05/06/981:35 PM' .4 7 i