- Chapter 170 -
170.03 Definitions Requirements
170.04 Approval Procedure
170.05 Subdivision Design Standards
170.06 Street Design Standards
170.07 Block Design Standards
170.08 Lot Design Standards
170.08A Storm Drainage Facilities
170.09 Required Improvements
170.10 Approval of Final Plat and Final Acceptance of Improvements
170.11 Preliminary Plat – Requirements
170.12 Final Plat and Accompanying Material -
170.13 Water and Sewer Fees
170.14 Review and Inspection Fees
170.15 Performance and Maintenance Bonds
170.16 Variations and Exceptions
170.18 Changes and Amendments
170.19 Boundary Establishment or Retracement Surveys
170.20 City Staff Determination of Non-Applicability
170.01 PURPOSE. It is deemed essential to establish minimum standards for the design and development of all new subdivisions so that existing developments will be protected and so that adequate provisions are made for public utilities and other public requirements and to improve the health, safety and general welfare.
170.02 JURISDICTION. In accordance with the provisions of Sections 354.8 and 354.9 of the Code of Iowa, and all amendatory acts thereto, these regulations are adopted by the City governing the subdivision of land located within the corporate limits of the City and the unincorporated area of Dallas County and Polk County within two (2) miles distance from the City’s boundaries. The standards and conditions applied by the City for review and approval of a subdivision plat or plat of survey outside the corporate limits shall be the same standards and conditions used for review and approval of subdivisions within the City limits, or shall be the standards and conditions for review and approval established by any agreement of the City and Dallas County or Polk County pursuant to Chapter 28E of the Code of Iowa. The Council may, by resolution, waive its right to review a subdivision outside the corporate limits or waive the requirements of any of its standards or conditions for approval of subdivisions, and certify the resolution which shall be recorded with the plat. (Ord. 181 – Oct-03 Supp.)
170.03 DEFINITIONS. The following definitions apply to the interpretation of this chapter.
- “Access street” means a street that is parallel to and adjacent to a major thoroughfare or highway; and which provides access to abutting properties and protection from through traffic.
- “Block” means an area of land within a subdivision that is entirely bounded by streets, highways, or ways, except alleys; and the exterior boundary or boundaries of the subdivision.
- “Building lines” shall be shown on all lots intended for residential use of any character, and on commercial and industrial lots when required by regulations.Such building lines shall not be less than required by the Zoning Code. Where the subdivided area is not under zoning control, the Commission shall require building lines in accordance with the needs of each addition.
- “City Engineer” means the City Engineer, consulting engineer or any other agent of the City designated to fulfill the function of City Engineer with respect to this chapter.
- “Commission” means the Plan and Zoning Commission of the City.
- “Collector streets” are those streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
- “Cul-de-sac” means a short, minor street, having one end open to motor traffic, the other end being permanently terminated by a vehicular turn-around.
- “Easement” means a grant by the property owner of the use for a specific purpose, of a strip of land by the general public, a corporation, or a certain person or persons, and within the limits of which the owner of the fee shall not erect any permanent structures but shall have the right to make any other use of the land subject to such easement which is not inconsistent with the rights of the grantee.Public utilities shall have the right to trim or remove trees which interfere with the use of such easements.
- “Engineer” is a registered engineer authorized to practice civil engineering, as defined by the Registration Act of the State of Iowa.
- “Half street” means a one-half width street right-of-way on the boundary of a subdivision dedication by the subdivider to the City, for future development when another subdivision is platted along the side of the half street.Half streets are not permitted.
- “Lot”means a portion of a subdivision or other parcel of land intended for the purpose, whether immediate or future, of transfer of ownership or for building development.
- “Major thoroughfare” means a street used primarily for fast, large-volume traffic.
- “Minor street” means a street used primarily for access to the abutting properties.
- Performance bond” means a surety bond or cash deposit made to the City in an amount equal to the full cost of the improvements which are required by this chapter, such cost being estimated by the City Engineer, and the surety bond or cash deposit being legally sufficient to secure to the City that the improvements will be constructed in accordance with this chapter.
- “Plat” means a map, drawing or chart on which the subdivider’s plan of the subdivision is presented and which is submitted for approval and intended to be in final form to record.
- “Roadway” means that portion of the street available for vehicular traffic, and where curbs are laid, the portion from back to back of curbs.
- “Subdivision” means the division of land into two or more lots for the purpose, whether immediate or future, of transfer of ownership.A division of land which creates a new street right-of-way or modification of existing street right-of-way shall be considered a division of property for the transfer of ownership or building development under the provisions of this definition. A division of property for the purpose of adjusting boundaries which does not create a new and independent parcel capable of building development shall not be considered a division of land into two or more lots for purpose of this definition. The term “subdivision,” when appropriate to the context, relates to the process of subdividing, or to the land subdivided, or the resubdivision of land heretofore divided or platted into lots, or any other division of land. The creation of easements which do not affect the taxable status of land shall not be considered a division of land. The creation of easements which affect the taxable status of land shall be considered a division of land. (Ord. 182 – Oct-03 Supp.)
- “Surveyor” means a registered surveyor authorized to practice surveying, as defined by the Registration Act of the State of Iowa.
170.04 APPROVAL PROCEDURE. Subdivision approval procedure is as follows:
- Submission.Whenever the owner of any tract or parcel of land within the jurisdiction of this chapter wishes to subdivide or plat the same, said person shall cause to be prepared eight (8) copies of the preliminary plat and other information and data as is outlined in Section 170.11.
- Referral.The Clerk shall immediately refer copies of the preliminary plat to the Commission and to the City Engineer. The City Engineer shall carefully examine the plat as to its compliance with this chapter, the regulations of the City, the existing street system, and good engineering practices and shall, as soon as possible, submit a report and findings to the Commission.
- Commission Review and Recommendation.After receiving the City Engineer’s report, the Commission shall study the preliminary plat and other material for conformity to this chapter. The Commission may confer with the subdivider on changes deemed advisable and the kind and extent of such improvements to be made. Before approving a preliminary plat, the Commission may, at its discretion, hold a public hearing on the proposed plat, notice of which shall be given by publication in a newspaper of general distribution. It shall also send notices to affected property owners by mail. The notice shall be given within seven (7) days prior to the public hearing. The Commission shall file with the Council recommendations for approval or rejection of such preliminary plat within forty-five (45) days after the date of submission of the plat to the Commission; the Council shall consider them, and if the plat is found to conform to the provisions of this chapter, the Council shall approve the preliminary plat.
- Effective Period of Preliminary Plat Approval.The approval of the preliminary plat by the Council shall be null and void unless the final plat is presented to the Council within one (1) year after date of the preliminary plat approval, except as provided in subsection 5 below.
- Phased Preliminary Plat.A “Phased Preliminary Plat” is a preliminary plat that, due to its size and magnitude, is not likely to be developed in a single phase and for which the developer has expressed intent to develop the project in a phased implementation. In the case of such larger developments, the Council encourages developers to include in a preliminary plat the entire parcel to be developed. Such a procedure enables the City to review and comment on the overall development.
- Procedure for Designating a Phased Preliminary Plat.A developer must file with the Commission a written request that a project be designated as a phased preliminary plat. The request shall include an outline of the developer’s plan for phased implementation of the development. Following review by the City Engineer, the Commission shall either grant or deny such request within forty-five (45) days of its
submission. The Commission may, however, on its own motion determine that a project will be designated as a phased preliminary plat. Thereafter, the review and approval process shall be the same as for all other preliminary plats.
- Effective Period of Phased Preliminary Plat Approval.The approval of a phased preliminary plat by the Council shall be null and void unless the final plat is (or final plats are) presented to the Council within two (2) years after the date of the phased preliminary plat approval. However, the filing of a final plat constituting more than five percent (5%) of the area of the phased preliminary plat extends the validity of the phased preliminary plat by two (2) additional years.
- Approval of Final Plat.Approval of the final plat and final acceptance of improvements shall be given by resolution of the Council, which shall direct the Mayor and Clerk to certify the resolution which shall be affixed to the final plat. The procedure for approval of the final plat is outlined in Section 170.10 of this chapter.
- Minor Plat Approval.The Commission and Council may, on a case by case basis and in their sole discretion, determine that the approval of a preliminary plat that does not include any improvements also constitutes the approval of the final plat. (Ord. 181 – Oct-03 Supp.)
170.05 SUBDIVISION DESIGN STANDARDS. The standards and details of design herein contained are intended only as minimum requirements so that the general arrangement and layout of a subdivision may be adjusted to a wide variety of circumstances. However, in the design and development of a plat, the subdivider shall use standards consistent with the site conditions so as to assure an economical, pleasant and durable neighborhood.
170.06 STREET DESIGN STANDARDS. Street design standards are as follows:
- Comprehensive Plan.All proposed plats and subdivisions shall conform to the comprehensive plan. All proposed plats and subdivisions shall also conform to additional proposed street plans as set out by the City.
- Continuation of Existing Streets or Planned Streets.Proposed streets shall provide for continuation or completion of any existing streets (constructed or recorded) or any streets which are part of an approved preliminary subdivision plan, in adjoining property, at equal or greater width, but not less than sixty (60) feet in width, and in similar alignment, unless variations are recommended by the Commission. (Ord. 182 – Oct-03 Supp.)
- Circulation.The street pattern shall provide ease of circulation within the subdivision as well as convenient access to adjoining streets, thoroughfares, or unsubdivided land as may be required by the Commission. In a case where a street will eventually be extended beyond the plat, but is temporarily dead ended, an interim turnaround may be required.
- Street Intersections.Street intersections shall be as nearly at right angles as possible.
- Cul-de-sac.Whenever a cul-de-sac is permitted, such street shall be no longer than six hundred (600) feet and shall be provided at the closed end with a turnaround having a street property line diameter of at least one hundred thirty (130) feet in the case of residential subdivisions. The right-of-way width of the street leading to the turnaround shall be a minimum of fifty (50) feet. The property line(s) at the intersection of the turnaround and the lead-in portion of the street shall be rounded at a radius of not less than one hundred fifty (150) feet; or equal straight approach lines. A turnaround diameter greater than one hundred thirty (130) feet may be required by the Commission in the case of commercial or industrial subdivisions if it is deemed necessary.
- Street Names.All newly platted streets shall be named and in a manner conforming to the prevailing street naming system. A proposed street that is obviously in alignment with other existing streets, or with a street that may logically be extended although the various portions be at a considerable distance from each other, shall bear the same name. Names of new streets shall be subject to the approval of the Commission in order to avoid duplication or close similarity of names.
- Physical and Cultural Features.In general, streets shall be platted with appropriate regard for topography, creeks, wooded areas, and other natural features which would lend themselves to attractive treatment.
- Half Streets.Dedication of half streets will not be permitted. Where there exists a dedicated or platted half street or alley adjacent to the tract to be subdivided, the other half shall be platted if deemed necessary by the Commission.
- Alleys.Alleys may be permitted in residential districts. (Except where justified by unusual conditions, alleys will not be approved in commercial or industrial districts.) Dead-end alleys shall be provided with a means of turning around at the dead end thereof. (Ord. 182 – Oct-03 Supp.)
- Easements.Easements for utilities shall be provided along rear or side lot lines or along alleys, if needed. Whenever any stream or important surface water course is located in an area that is being subdivided, the subdivider shall, at the subdivider’s own expense, make adequate provision for straightening or widening the channel so that it will properly carry the surface water, and shall provide and dedicate to the City an easement along each side of the stream, which easement shall be for the purpose of widening, improving, or protecting the stream and for the purpose of installation of public utilities. The waterway easement shall be adequate to provide for these purposes, and said easement shall be a minimum of fifty (50) feet on each side of the centerline of the stream or watercourse.
- Neighborhood Plan.If any overall plan has been made by the Commission for the neighborhood in which the proposed subdivision is located, the street system of the latter shall conform in general thereto.
- Land Not Platted.Where the plat to be submitted includes only part of the tract owned by the subdivider, the Commission may require topography and a sketch of a tentative future street system of the unsubdivided portion.
- Major Thoroughfares.Where a new subdivision, except where justified by limiting conditions, involves frontage on a heavy trafficway, the street layout shall provide motor access to such frontage by one of the following means:
- A parallel street, supplying frontage for lots backing onto the trafficway;
- A series of cul-de-sacs or short loops entered from and planned at right angles to such a parallel street, with their terminal lots backing onto the highway;
- An access drive separated by a planting strip from the highway to which a motor access from the drive is provided at points suitably spaced;
- A service drive or alley at the rear of the lots.
Where any one of the above-mentioned arrangements is used, deed covenants or other means should prevent any private residential driveways from having direct access to the trafficway.
- Dedication.A deed to the City shall be given for all streets before the same will be accepted for City maintenance.
- Railroads.If a railroad is involved, the subdivision plan should:
- Be so arranged as to permit, where necessary, future grade separations at highway crossings of the railroad;
- Border the railroad with a parallel street at a sufficient distance from it to permit deep lots to go back onto the railroad; or form a buffer strip for park, commercial or industrial use.
- Street Widths.All streets shall have a right-of-way width of sixty (60) feet and a pavement width of thirty-one (31). However, in residential districts, the Council may approve, after recommendation by the Commission, streets having a minimum pavement width of twenty-six (26) feet, and minimum right-of-way of fifty (50) feet. (Ord. 182 – Oct-03 Supp.)
- Street Grades.Streets and alleys shall be completed to grades which have been officially determined or approved by the City Engineer. All streets shall be graded to the full width of the right-of-way and adjacent side slopes graded to blend with the natural ground level. All streets must have a minimum grade of one-half of one percent (0.5%). The maximum grade shall not exceed six percent (6%) for main and secondary thoroughfares, or ten percent (10%) for minor or local service streets. All vertical curves must be approved by the City Engineer. The grade alignment and resultant visibility, especially at intersections, must meet the approval of the City Engineer. (Ord. 182 – Oct-03 Supp.)
- Power Lines, Telephone Lines and Cable Television Lines.All power lines, telephone lines and cable television lines shall be underground construction. All leads to light poles shall be underground. The subdivider shall submit his or her proposed plan directly to the utility company so proper planning can be made for this construction. The subdivider should refer to “Standard Specifications for Public Works” for utility locations.
170.07 BLOCK DESIGN STANDARDS. Block design standards are as follows:
- Length.No block shall be longer than six hundred sixty (660) feet. This distance may be reduced by the City if it is considered to be excessive in its particular application. (Ord. 182 – Oct-03 Supp.)
- Block Corner Radius.At street intersections, block corners shall be rounded with a radius of not less than fifteen (15) feet; unless at any one intersection a curve radius has been previously established, then such radius shall be used as standard.
170.08 LOT DESIGN STANDARDS. Lot design standards are as follows:
- Corner Lots - Widths.Corner lots shall have a minimum width of eighty (80) feet in order to permit adequate building setbacks on both front and side streets.
- Double Frontage Lots Prohibited.Double frontage lots, other than corner lots, shall be prohibited except where such lots back on to a major street or highway or except in the case of large commercial or industrial lots.
- Side Lot Lines.Side lot lines shall be approximately at right angles to the street or radial to curved streets.
- Lot Size - Public Sewer Not Available.For the purpose of complying with minimum health standards, lots which cannot be reasonably served by an existing public sanitary sewer system shall have a minimum width of one hundred (100) feet, measured at the building line, and an area of not less than twenty thousand (20,000) square feet.
170.08A STORM DRAINAGE FACILITIES. The subdivider shall submit plans with the preliminary plat for storm drainage facilities prepared by a Civil Engineer registered in the State of Iowa. Such facilities shall be designed to convey drainage through the proposed subdivision equivalent to the 100-year storm in a developed state. On-site drainage facilities shall be designed to provide sufficient detention facilities to reduce the release rate to the equivalent of a 5-year recurrence interval storm when the property was in a undeveloped state. The storm drainage facilities shall be extended as far as necessary to accommodate footing drain water discharge and to serve adjacent tributary properties. Upon request by the subdivider, and on a case-by-case basis, the City Engineer may, either before or following formal submission, waive the requirement to submit a Storm Water Management Plan in the event the City Engineer determines the proposed development does not adversely impact the City’s stormwater management plan. (Ord. 261 – Dec. 08 Supp.)
170.09 REQUIRED IMPROVEMENTS. Required improvements are as follows:
- General.The subdivider shall install and construct all improvements required by this chapter. The subdivider shall submit three sets of the plans and specifications for all public improvements to be reviewed by the City Engineer and approved by the Council prior to start of construction. All required improvements shall be installed and constructed in accordance with “Standard Public Works Specifications” on file in the office of the Clerk, unless otherwise approved by the City Engineer. Inspection shall be provided by the City at the subdivider’s expense as deemed necessary to assure the quality workmanship on all portions of the construction to be dedicated to the City. Said inspections costs which are a part of the review and inspection costs provided for in Section 170.14 shall be paid for by the subdivider before final approval will be given. The subdivider shall provide a minimum of 24 hours’ notice to the City prior to commencement of construction work so the City can make arrangements for an inspector. At the completion of construction, all improvements required by these regulations shall be reviewed and approved by the Council.
- Grades.All streets, alleys and sidewalks within the platted area which are dedicated for public use shall be brought to the grade approved by the Council after receiving the report and recommendations of the City Engineer.
- Paving.Concrete paving with curbs shall be installed on all roadways in the plat being dedicated for public use and shall be constructed of Portland cement concrete in accordance with designs and specifications approved by the Council and at grades established by the City Engineer.
- Sidewalks.Sidewalks shall be constructed on both sides of all streets being dedicated for public use. Sidewalks shall be a minimum of five (5) feet in width and shall be constructed of Portland cement concrete in accordance with designs and specifications approved by the Council and at grades established by the City Engineer. (Ord. 354 – Dec. 17 Supp.)
- Water and Sewers.Water mains, sanitary sewer lines, and storm sewers and their appurtenances shall be constructed and installed in accordance with the plans and specifications adopted by the Council. Water and sewer lines shall be made accessible to each lot.
- Storm Sewer.A suitable storm sewer for sump pump drainage shall be available to all lots within a subdivision.
- Extension of Services to Property Line.The subdivider shall extend services for water, sewer, and sump pump discharge to the lot lines for each lot within a subdivision. The locations of the services must be clearly marked and a record of the service locations provided to the City by the subdivider. (Ord. 182 – Oct-03 Supp.)
170.10 APPROVAL OF FINAL PLAT, AND FINAL ACCEPTANCE OF IMPROVEMENTS. Provisions for the final approval and acceptance of the final plat and improvements are as follows:
- Construction of Improvement and Posting of Maintenance Bonds.Before the Council approves the final plat, all of the improvements required in Section 170.09 shall be constructed and accepted by formal resolution of the Council. Before passage of a resolution of acceptance, the City Engineer shall report that the improvements meet all City specifications and ordinances or other requirements, and all agreements between the subdivider and the City; the subdivision owner shall provide at no cost to the City a complete set of as constructed plans for the improvements required by Section 170.09; and the City Attorney shall report that the subdivision owner has filed in proper form a maintenance bond (or bonds) to cover all construction being dedicated to the City. Maintenance bonds shall be in the name of the contractors who have done the work. Maintenance bonds shall be in effect from the passage of the resolution of acceptance by the Council, then for the following numbers of years:
- Concrete paving – four (4) years;
- Storm sewers and appurtenances – four (4) years;
- Sanitary sewers and appurtenances – four (4) years;
- Water mains and appurtenances – four (4) years;
- Sidewalks – four (4) years. (Ord. 303 – Dec. 13 Supp.)
- Waiver.The requirements for the construction of all improvements may be waived if the subdivider will post a performance bond or certified check with the Council guaranteeing that the improvements will be constructed within a period of one year from final acceptance of the plat. However, if a performance bond is posted, final acceptance of the plat will not constitute final acceptance by the City of any improvements to be constructed. Improvements will be accepted only after all construction has been completed, all in accordance with the requirements of this chapter. No maintenance work will be done by the City and no public funds will be expended in the subdivision until such improvements have been completed and accepted by the City.
- Resubdivisions.The Council may waive the requirements for the construction and installation of some or all of the improvements required in Section 170.09 in cases of resubdivisions where only the size, shape and arrangement of the lots are being changed and no new streets are required and in case of dedications of land or rights-of-way to public use where such dedication is in excess of the needs of the subdivision and is desired by a public agency in lieu of a purchase or condemnation proceeding.
170.11 PRELIMINARY PLAT REQUIREMENTS. The preliminary plat of a subdivision is not intended to serve as a recorded plat. Its purpose is to show on a map all facts needed to enable the Commission to determine whether the proposed layout of the land in question is satisfactory from the standpoint of the public interest. The subdivider, or his or her representative, may call at the City offices in advance of submitting the preliminary plat in order to discuss the proposed subdivision and in order to obtain information as to the requirements necessary for approval of the plat.
- Number of Copies and Scale.Eight (8) copies of the preliminary plat shall be submitted as prescribed for review. The scale of the map shall be one inch equals fifty feet on small subdivisions and one inch equals one hundred feet on large subdivisions, unless otherwise approved by the Commission.
- Contents of Preliminary Plat.Preliminary plat contents are as follows:
- Name of subdivision, date, point of compass, scale, and official description of the property being platted.
- Name and address of recorded owner and of developer.
- Name and address of engineer and/or land surveyor.
- Existing buildings, railroads, underground utilities and other rights-of-way.
- Location, names and widths of all existing and proposed roads, alleys, streets and highways in or adjoining the area being subdivided.
- Location and names of adjoining subdivisions, and the names of the owners of adjoining subdivisions, and the names of the owners of adjoining acreage parcels.
- Proposed lot lines with approximate dimensions and the square foot area of non-rectangular lots.
- Areas dedicated for public use, such as schools, parks and playgrounds.
- Contour lines at intervals of not more than five (5) feet.
- Building setback lines.
- Boundaries of the proposed subdivision shall be indicated by a heavy line.
- Zoning classification of the area.
- Proposed utility service:
(1) Source of water supply.
(2) Provision for sewage disposal.
(3) Provision for storm water drainage.
- A vicinity sketch at a legible scale showing the relationship of the plat to its general surroundings.
- Lot numbers.
- Proposed street widths.
- Accompanying Material.Any plat that cannot reasonably be served by public sewer shall show results of soil percolation tests made by the engineer preparing the plat. Such test shall be made in accordance with specifications approved by the City Engineer. (Ord. 182 – Oct-03 Supp.)
170.12 FINAL PLAT AND ACCOMPANYING MATERIAL REQUIREMENTS. Final plat requirements are as follows:
- Number of Copies and Scale.When and if the preliminary plat is approved, the subdivider shall submit eight (8) copies of the final plat for review by the Commission. The scale of the map shall be one inch equals fifty feet on small subdivisions and one inch equals one hundred feet on large subdivisions, unless otherwise approved by the Commission.
- Monumentation.Prior to the offering of the plat of any subdivision for record, the following procedures shall be followed:
- The surveyor shall confirm the prior establishment of control monuments at each controlling corner of the boundaries of the parcel or tract of land being surveyed.If no control monuments exist, the surveyor shall place the monuments. Control monuments shall be constructed of reasonably permanent material, solidly embedded in the ground and capable of being detected by commonly used magnetic or electronic equipment. The surveyor shall affix a cap of reasonably inert material bearing an embossed or stencil cut marking of the Iowa registration number of the surveyor to the top of each monument which the surveyor places.
- Control monuments shall be placed at the following locations:
(1) Each corner and angle point of each lot, block or parcel of land surveyed.
(2) Each point of intersection of the outer boundary of the survey with an existing or created right-of-way line of a street, railroad or other way.
(3) Each point of curve, tangency, reversed curve or compounded curve on each right-of-way line established.
- If the placement of a monument required by this section at the prescribed location is impractical, a reference monument shall be established near the prescribed location.If a point requiring monumentation has been previously monumented, the existence of the monument shall be confirmed by the surveyor.
- At least a minimum number of two survey control monuments are required to be placed before the recording of a subdivision provided the surveyor includes in a surveyor’s statement a declaration that additional monuments shall be placed before a date specified in the statement or within one year from the date the subdivision is recorded, whichever is earlier.
- Contents of Final Plat.Every plat of a subdivision offered for record shall conform to all of the following provisions where applicable:
- The plat shall be a permanent copy or a photographic print made on a stable plastic film.Exact copies of the plat to be recorded shall be provided to and filed by the County Recorder, Assessor and Auditor. The original plat drawing shall remain the property of the registered land surveyor.
- The size of each sheet showing any portion of the subdivided lands shall not be greater than eighteen (18) inches by twenty-four (24) inches or less than eight and one-half (8½) inches by eleven (11) inches.
- Whenever more than one sheet is used to accurately portray the lands subdivided, each sheet shall display both the numbers of the sheet and the total number of sheets included in the plat, as well as clearly labeled match lines indicating where the other sheets adjoin.An index sheet shall be provided to show the relationship between the sheets.
- A maximum scale of one hundred feet to one inch shall be used unless permission to use a different scale is obtained in writing from the Commission.The scale used shall be clearly stated and graphically illustrated by a bar scale drawn on every sheet showing any portion of the lands subdivided.
- Subdivisions shall be designated, by name or as otherwise prescribed, in bold letters inside the margin at the top of each sheet included in the plat.
- An arrow indicating the northern direction shall be drawn in a prominent place on each sheet included in the plat.
- All monuments to be of record shall be adequately described and clearly identified on the plat.When additional monuments are to be established subsequent to the recording of the plat, the location of the additional monuments shall be shown on the plat.
- Sufficient survey data shall be shown to positively describe the bounds of every lot, block, street, easement or other areas shown on the plat, as well as the outer boundaries of the subdivided lands.
- All distances shall be shown in feet to the nearest one-hundredth of a foot, and in accordance with the definition of a foot adopted by the United States Bureau of Standards.All measurements shall refer to the horizontal plane.
- The course of every boundary line shown on the plat shall be indicated by a direct bearing reference or by an angle between the boundary line and an intersecting line having a shown bearing, except when the boundary line has an irregular or constantly changing course, as along a body of water, or when a description of the boundary line is better achieved by measurements shown at points or intervals along a meander line having a shown courseAll bearings and angles shown shall be given to at least the nearest minute of arc.
- Curve data shall be stated in terms of radius, central angle and tangent, or length of curve and unless otherwise specified by this chapter curve data for streets of uniform width may be shown only with reference to the centerline, and lots fronting on such curves may show only the chord bearing and distance of such portion of the curve as is included in their boundary.In all other cases, the curve data must be shown for the line affected.
- The minimum unadjusted acceptable error of closure for all subdivision boundaries shall be 1.10,000 and shall be 1.5,000 for any individual lot.
- When any lot or portion of the subdivision is bounded by an irregular line, the major portion of that lot or subdivision shall be enclosed by a meander line showing complete data with distances along all lines extending beyond the enclosure to the irregular boundary shown with as much certainty as can be determined or as “more or less,” if variable.In all cases, the true boundary shall be clearly indicated on the plat.
- All interior excepted parcels shall be clearly indicated and labeled “not a part of this plat.”
- 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 a resubdivision of a part or the whole of a previously recorded subdivision, sufficient ties shall be shown to permit an overlay to be made. Resubdivisions shall be labeled as such in a subtitle following the name of the subdivision wherever the name appears on the plat.
- The purpose of any easement shown on the plat shall be clearly stated and shall be confined to only those easements pertaining to public utilities including gas, power, telephone, cable television, water, sewer and such drainage easements as are deemed necessary for the orderly development of the land encompassed within the plat.All such easements relative to their usage and maintenance shall be approved by the Council prior to the recording of the plat.
- 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 determine by the governing body.
- The purpose of all areas dedicated to the public must be clearly indicated on the plat.
- Notwithstanding the requirements of this section, the plat must also conform to all current requirements of the Code of Iowa, and to the extent of any inconsistency in requirements, the Code of Iowa shall govern.
- The street address number for each lot shall be shown. (Ord. 182 – Oct-03 Supp.)
- Accompanying Material.The following material shall accompany the final plat:
- The subdivider shall submit three copies of the plan drawings for all improvements required under these regulations showing the as-constructed locations of all streets, alleys, conduits, sewers and pipelines to be placed within public right-of-way, on public easements or dedicated to the City.The plans and specifications shall show the plan and profile of all such improvements.
- Any protective covenants or restrictions to be imposed upon the plat shall be submitted for approval.
- A deed to the City, properly executed, for all streets intended as public streets, and for any other property intended for public use.
- The following certificates or statements:
(1) 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 may also include a dedication to the public of all lands within the plat that are designated for streets, alleys, parks, open areas, school property, or other public use, if the dedication is approved by the Council.
(2) 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 as provided for in Section 354.12 of the Code of Iowa may be recorded in lieu of the consent of the mortgage or lienholder. When a mortgage or lienholder consents to the subdivision, a release of mortgage or lien shall be recorded for any areas conveyed to the governing body or dedicated to the public.
(3) An opinion by an attorney-at-law who has examined the abstract of title of the land being platted. The opinion shall state the names of the proprietors and holders of mortgages, liens or other encumbrances on the land being platted and shall note the encumbrances, along with any bonds securing the encumbrances. Utility easements shall not be construed to be encumbrances for the purposes of this section.
(4) A certificate of the County 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 bond in compliance with Section 354.12 of the Code of Iowa.
(5) A subdivision plat which includes no land set apart for streets, alleys, parks, open areas, school property or public use other than utility easements shall be accompanied by the documents listed in subsections (1), (2) and (3) and a certificate of the County Treasurer that the land is free from certified taxes other than certified special assessments.
(6) Performance bond, if any.
170.13 WATER AND SEWER FEES. The subdivider shall pay a water fee of two hundred and fifty dollars ($250.00) and a sewer fee of two hundred and fifty dollars ($250.00) for each lot in the final plat upon which a residential dwelling or commercial building may be constructed. This fee shall be paid to the Clerk prior to the Council’s approval of the final plat. (Ord. 144 – Apr. 99 Supp.)
170.14 REVIEW AND INSPECTION FEES. Before a preliminary plat may be considered by the Commission, the subdivider or his or her agent shall pay fifty dollars ($50.00) to the Clerk to cover the cost of the Commission’s initial review of the preliminary plat.
All costs in excess of five hundred dollars ($500.00) incurred by the City in the review of the preliminary and final plats and in any inspections required by this chapter shall be paid and reimbursed by the subdivider to the City before final approval is given to the plat. (Ord. 144 – Apr. 99 Supp.)
170.15 PERFORMANCE AND MAINTENANCE BONDS. The subdivider is required to use standard performance and maintenance bonds, forms of which are available from the Clerk. The subdivider shall submit the performance bond form for the entire subdivision, along with the request for approval of the subdivision. The maintenance bond forms shall be submitted by each contractor for its portion of the work, covering all concrete paving, storm sewer, sanitary sewers, water mains and sidewalks, but only after all of these improvements are completed and accepted by the City.
170.16 VARIATIONS AND EXCEPTIONS. Whenever the tract proposed to be subdivided is of such unusual topography, size or shape, or is surrounded by such development or unusual conditions that the strict application of the requirements contained in this chapter would result in substantial hardships or injustices, the Council, upon recommendation of the Commission, may vary or modify such requirements so that the subdivider is allowed to develop the property in a reasonable manner; but so, at the same time, the public welfare and interest of the City and surrounding area are protected and the general intent and spirit of these regulations are preserved.
170.17 ENFORCEMENT. No plat or subdivision shall be recorded in the County Recorder’s office or have any validity until it has been approved in the manner prescribed herein. The Council shall not permit any public improvements over which it has control to be made from City funds, or any City money expended for improvements or maintenance on any street in any area that has been subdivided unless such subdivision and streets have been approved in accordance with the provisions contained in this chapter, and accepted by the Council as a public street.
170.18 CHANGES AND AMENDMENTS. Any provision of this chapter may be changed and amended from time to time by the Council; provided, however, that such changes and amendments shall not become effective until after study and report by the Commission and until after a public hearing has been held, public notice of which shall be given in a newspaper of general circulation at least seven (7) days prior to the hearing.
170.19 BOUNDARY ESTABLISHMENT OR RETRACEMENT SURVEYS. Any plat or plat of survey of property either within or outside the corporate limits which establishes existing boundaries or is a retracement of a prior plat or plat of survey is not subject to the review and approval provisions of this chapter. (Ord. 265 – Dec. 08 Supp.)
170.20 CITY STAFF DETERMINATION OF NON-APPLICABILITY. In connection with the review of a plat or plat of survey, the City Engineer is authorized to make a determination that such plat or plat of survey is not subject to the review and approval requirements of this chapter. The City Engineer will notify the City Attorney of such a determination, and the City Attorney is authorized to notify the appropriate officials of either Dallas County or Polk County accordingly. (Ord. 265 – Dec. 08 Supp.)