TITLE VI PHYSICAL ENVIRONMENT
CHAPTER 14 SUBDIVISION CONTROL
6-14-1 Short Title 6-14-31 Deferral or Waiver of Required
6-14-2 Purpose Improvements
6-14-3 Policy 6-14-32 Issuance of Certificate of Occupancy
6-14-4 Application and Jurisdiction 6-14-33 Improvements Required
6-14-5 Interpretation 6-14-34 Design Standards and Minimum
6-14-6 Action Under Prior Provisions 6-14-35 Conformance to Applicable Rules and
6-14-7 Definitions Regulations
6-14-8 Procedure 6-14-36 Subdivision Name
6-14-9 Pre-Submission Consultations 6-14-37 Monuments
6-14-10 Requirements of Preliminary Plat 6-14-38 Character of the Land
6-14-11 Submission of Preliminary Plat 6-14-39 Lots
6-14-12 Referral of Preliminary Plat 6-14-40 Blocks
6-14-13 Review of Preliminary Plat 6-14-41 Streets, General Requirements
6-14-14 Action by the Commission 6-14-42 Streets;
Design Standards
6-14-15 Action by Council 6-14-43 Storm Sewers and Drainage
6-14-16 Effective Period of Tentative Approval 6-14-44 Water
Facilities
6-14-17 Completion of Improvements 6-14-45 Sewerage Facilities
6-14-18 Performance Bond 6-14-46 Sidewalks
6-14-19 Final Plat 6-14-47 Utilities
6-14-20 Requirements of the Final Plat 6-14-48 Preservation of Natural Features and
6-14-21 Submission of Final Plat Amenities
6-14-22 Referral of Final Plat 6-14-49 Non-Residential Subdivisions
6-14-23 Action by Commission 6-14-50 School and Park Reservations
6-14-24 Action by the Council 6-14-51 Improvements within Unincorporated
6-14-25 Resubdivision of Land Jurisdiction
6-14-26 Completion of Improvements 6-14-52 Vacations and Exceptions
6-14-27 Performance Bond 6-14-53 Changes and Amendments
6-14-28 Inspection of Improvements 6-14-54 Enforcement, Violations, and
6-14-29 Release or Reduction of Performance Penalties
Bond
6-14-30 Maintenance of Improvements
6-14-1 SHORT TITLE This chapter shall be known and may be cited as "The City
of Ely, Iowa Subdivision Regulations"
6-14-2 PURPOSE.
The purpose of these regulations is to establish minimum standards for
the design, development and improvement of all new subdivisions and
re-subdivisions so that existing developments will be protected and so that
adequate provisions are made for public
services and to promote the health, safety and general welfare.
(Code of
Iowa, 1977, Sec. 409.14)
6-14-3 POLICY.
It is hereby declared to be the policy of the city to consider the
subdivision of land and the subsequent development of the subdivided land as
subject to the control of the city to provide for the orderly, efficient and
economical development of the city. And
further:
1. Character
of Land. Land to be subdivided shall be
of such character that it can be used safely for building purposes without
danger to health or peril from fire, flood or other menace
2. Regulations
to Supplement and Facilitate. It is
intended that these subdivision regulations shall supplement and facilitate the
enforcement of provisions and standards, ordinances or regulations of the city.
6-14-4
APPLICATION AND JURISDICTION.
Every owner or his agent of any tract or parcel of land lying within the
city or within two (2) miles of the corporate limits of the city who has
subdivided or shall hereafter subdivide the same into three (3) or more
parts for the purpose of
laying out an addition, subdivision, building lot or lots, or acreage
lots shall cause plats of such area to be made in the form, and containing the
information as hereafter set forth,
before selling any lots therein contained or placing the plat on record.
(Code of
Iowa, 1977, Sec. 409.1 & 409.14)
6-14-5 INTERPRETATION. In their interpretation or application, the provisions of these
regulations shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. Specifically:
1. Relationship to Other Public
Provisions. These regulations are not
intended to interfere with, or abrogate, or annul any other ordinance,
rule or regulation, statute, or other provision of law. Where any provision of these regulations
imposes a restriction different from those imposed by any other provision of
these regulations or any other ordinance, rule or regulation, or other
provision of law, whichever provisions are more restrictive or impose higher
standards shall control.
2. Relationship
to Private Provisions. These
regulations are not intended to abrogate any easement, covenant or any other
private agreement or restriction, provided that where the provisions of these
regulations are more restrictive or impose higher standards or regulations than
such easement, covenant, or other private agreement or restriction, the
requirements of these regulations shall govern.
6-14-6 ACTION UNDER PRIOR PROVISIONS. These regulations do not abate any action
now pending under, or by virtue of, prior existing subdivision
regulations. Nor do they discontinue,
abate, modify, or alter any penalty accrued or about to accrue, or affect the
liability of any person, or waive any right of the city under any section or
provision existing at the time of adoption of these regulations. Nor do they vacate or annul any rights
obtained by any person, by lawful action of the city except as expressed in
these regulations.
6-14-7 DEFINITIONS. For use in this chapter certain terms or words used herein shall
be interpreted or defined as follows:
1.
"Alley": shall mean a
public or private right-of-way primarily designed to serve as secondary access
to the side or rear of those properties whose principal frontage is on some
other street.
2.
"Applicant": shall
mean the owner of land to be subdivided or his representative.
3.
"Block": shall mean a
tract of land bounded by streets, or by a combination of streets and public
parks, cemeteries, railroad rights-of-way, shorelines of waterways, or
corporate boundaries.
4.
"Bond": shall mean any
form of security including a cash deposit, surety bond, collateral, property or
instrument of credit in an amount and form satisfactory to the council.
5.
"Building": shall mean
any structure built for support, shelter, or enclosure of persons, animals,
chattels, or movable property of any kind and includes any structure.
6.
"Central Water System":
shall mean a private water system and it includes water treatment
distribution facilities established by the developer to serve a new subdivision
or re-subdivision.
7.
"Central Sewage System":
shall mean a private sewer system including collection and
treatment facilities established by the
developer to serve a new subdivision or re-subdivision.
8. "City
Engineer": shall mean the person
designated by the council to furnish engineering assistance for the administration of these regulations.
9.
"Commission": shall
mean the planning and zoning commission of Ely, Iowa.
10. "Cul-de-sac": shall mean a municipal service street with
only one outlet and having an appropriate terminal for safe and convenient
reversal of traffic movement.
11.
"Developer": shall
mean the owner of land proposed to be subdivided or his representative.
12.
"Easement": shall mean
an authorization by a property owner for the use by another, and for a
specified purpose, of any designated part of his property.
13.
"Frontage": shall mean
that portion of a lot abutting on a street or way and complying with the set
back and front yard requirements as they may exist, but it shall not be
considered as the side of a corner lot.
14.
"Individual Sewage Disposal System": shall mean a septic tank, seepage tile sewage disposal system, or
any other approved sewage treatment device.
15.
"Local Board of Health”:
shall mean a county, City, or district board of health.
16.
"Lot": shall mean 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.
17.
"Municipal Arterial Streets":
shall mean those streets which connect principal traffic generating
areas or connect such areas with other street systems.
(Code of
Iowa, 1977, Sec. 306.1)
18. "Municipal Collector
Streets": shall mean those
streets that collect traffic from municipal service streets and connect to
other street systems.
(Code of
Iowa, 1977, Sec. 306.1)
19.
"Municipal Service Street":
shall mean those streets that primarily provide access to property.
(Code of
Iowa, 1977, Sec. 306.1)
20.
"Owner": shall mean
any person, firm, corporation, or any legal entity having legal title to
or sufficient proprietary interest in
the land to be sought to be subdivided under these regulations.
21.
"Plat": shall mean a
map, drawing or chart on which the developer's plan of the subdivision of
land is presented and which he submits
for approval and intends in final form, to record.
22.
"Public Improvement":
shall mean any drainage ditch, roadway, parkway, sidewalk,
pedestrian crosswalk, tree, lawn,
off-street parking area, lot improvement, or other facility for which the local
government may ultimately assume the responsibility for maintenance and
operation, or which may affect an improvement for which local government
responsibility is established.
23. “Right-of-way”: shall mean a strip of land occupied or intended to be occupied by
a street, crosswalk, railroad, road,
electric transmission line, oil or gas pipeline, water main, sanitary or storm
sewer main, shade trees, or for another special use. The usage of the term "right-of-way" for land platting
purposes shall mean that every right-of-way hereafter established and shown on
a final plat is to be separate and distinct from the lots or parcels adjoining
such right-of-way and not included within the dimensions or areas of such lots
or parcels. Rights-of-way intended for
streets, crosswalks, water mains, sanitary sewers, storm drains, or any other
use involving maintenance by a public agency shall be dedicated to public use
by the maker of the plat on which such right-of-way is established.
24.
"Roadway": shall mean
that portion of the street available for vehicular traffic, and where curbs are
laid, the portion from back to back of curbs.
25.
"Street": shall mean
and include any public way, highway, street, avenue, boulevard, parkway,
or other public thoroughfare, and each
of such words shall include every other of them, and shall include the entire
width between property lines.
26.
"Subdivider": shall
mean a person, firm or corporation undertaking the subdivision or
re-subdivision of a tract or parcel of land.
27. "Subdivision": shall mean the division of land into three
(3) or more lots or other division of land for the purpose, whether immediate
or future, of transfer of ownership or building development. The term, when appropriate to the context,
shall relate to the process of subdividing or to the land subdivided, or, the
re-subdivision of land heretofore divided or platted into lots or other
divisions of land, or, if a new street is involved, any division of land.
(Code of
Iowa, 1977, Sec. 409.1)
28
"Surveyor": shall mean
a land surveyor licensed and registered under the provisions of Chapter 114,
Code of Iowa, 1977.
6-14-8 PROCEDURE.
In obtaining final approval of a proposed subdivision by the council,
the subdivider shall submit a
preliminary plat in accordance with the requirements of 6-14-10 and install the
required improvements or provide a performance bond.
(Code of
Iowa, 1977, Sec. 409.14)
6-14-9 PRE-SUBMISSION CONSULTATIONS. Prior to the submission of the preliminary
plat of any subdivision, the subdivider is encouraged to meet with the city
engineer and other city officials responsible for the administration of these regulations to be advised of the
procedural steps, design standards required improvements, and platting requirements. During such meetings, no commitments shall
be made which will be binding upon the city.
(Code of
Iowa, 1977, Sec 409.14)
6-14-10 REQUIREMENTS OF PRELIMINARY PLAT. Every proposed subdivision shall be
submitted for tentative approval in the form of a preliminary plat prior to the
submission of a final record plat. The
purpose of the preliminary plat and
accompanying material is to provide all facts needed for the commission and
council to determine whether the
proposed subdivision is satisfactory from the standpoint of the public
interest. The following graphic and
descriptive material is required to be provided on the preliminary plat and in
the accompanying material.
(Code of
Iowa, 1977, Sec 409.14)
1. Contents of Preliminary Plat. The preliminary plat shall be prepared by a
registered Engineer at a convenient scale of not more than one inch equals one
hundred (100) feet, may be prepared in pen or pencil, and the sheets shall be
numbered in sequence if more than one sheet is used. The following information shall be shown on the preliminary plat:
A.
Title, scale, north point and date.
B.
Subdivision boundary lines, showing dimensions, bearings, angles, and
references to section, townships and range lines or corners. Exterior boundaries are to be indicated with
a solid heavy line.
(Code of Iowa, 1977, Sec.
409.1)
C. Present and proposed streets, alleys and
sidewalks, with their rights-of-way, in or adjoining the subdivision, including
dedicated widths, approximate gradients types and widths of surfaces curbs, and
planting strips, and location of street lights, fire hydrants, and street
signs.
(Code of Iowa,
1977, Sec 409.4 & 409.6)
D.
Proposed layout of blocks and lots showing dimensions, radii, chords and
the square foot areas of lots that are not rectangular and the lot and block
number in numerical order.
(Code of Iowa,
1977, Sec. 409.1 & 409.4)
E.
Building setback or front yard lines.
F. Parcels of land proposed to be dedicated or
reserved for schools, parks, playgrounds, or other public, semi-public or
community purposes.
(Code
of Iowa, 1977, Sec 409.13)
G.
Present and proposed easements, showing locations, widths, purposes and
limitations.
(Code of Iowa, 1977,
Sec 409.9)
H.
Location and names of adjoining parcels of un-subdivided and subdivided
land.
I.
Boundaries of the highest known flood of record affecting the
subdivision and the source of information.
J.
If the proposed subdivision borders on a lake or stream, the distances
and bearings of meander line established not less than twenty (20) feet back
from the mean high water mark of the lake or stream.
K.
Existing blocks, lots, and buildings.
L.
Present and proposed utility systems including sanitary and storm
sewers, other drainage facilities water lines, gas mains, electric utilities,
and other facilities, with the size, capacity, invert elevation and location of
each. If the subdivision is within one
mile of public sewer or water or both, notation shall be made of the direction
and distance to such facilities.
(Code of
Iowa, 1977, Sec. 409.14)
M.
Proposed name of the subdivision.
N.
Names and addresses of the owner, subdivider builder, and surveyor who
prepared the preliminary plat, and the surveyor who will prepare the final
plat.
O.
Official legal description of the property being platted.
(Code of
Iowa, 1977, Sec- 409.8)
P.
Contours at vertical intervals of not more than two (2) feet if the
general slope of the site is less than ten (10) percent and at vertical
intervals of not more than five (5) feet if the general slope is ten (10)
percent or greater.
Q.
Existing and proposed zoning of the proposed subdivision and adjoining
property.
R.
Location of all proposed monuments.
2. Information
to Be Provided in Accompanying Material. The following information shall accompany
a plat when filing:
A. A complete listing of all existing covenants
which apply to the land to be subdivided, and a complete listing of all
covenants which are proposed by the developer to apply to the subdivided land.
B. A table of the following information:
(1) Total acreage of subdivision.
(2) Total number of lots.
(3) Minimum, average, and maximum lot area.
(4) Acreage of public lands to be dedicated or
reserved other than streets.
C. An attorney’s opinion showing that the fee
title to the property proposed for subdividing is in the owner's name as shown
on the plat and showing any encumbrances that may exist against the land.
(Code of Iowa, 1977, Sec-
409.9)
D. If any portion of the subdivision is to have
access on a state or county jurisdictional street, a written and signed
statement acknowledging and permitting the access by the duly authorized
official of the appropriate jurisdiction.
E. Specifications and engineering construction
drawings including profiles, cross-sections, and details of all public
improvements. Elevations shall be
referred to mean sea level as exhibited in standard US Geological Survey Maps. Specifications and references shall meet
those required by the city's construction and specification standards,
including a site grading plan for the entire subdivision.
6-14-11 SUBMISSION OF PRELIMINARY PLAT. The subdivider shall prepare a preliminary
plat in accordance with the provisions of 6-14-10 and shall file with the clerk
an application in triplicate for the tentative
approval of the plat. The
application shall include:
1. Forms and
Fees. Be made on forms available from
the clerk together with a fee equal to the amount charged by a Registered
Engineer.
2. Number of Plats. Be accompanied by a minimum of ten (10) copies of the preliminary
plat.
3. Time of
Submission. Be presented to the clerk
at least four (4) weeks prior to the regular meeting of the commission.
6-14-12 REFERRAL OF PRELIMINARY PLAT. The clerk shall immediately refer one (1)
copy of the preliminary plat to a Registered Engineer, seven (7) copies to the
commission and retain one (1) copy in the city office. In the case of a subdivision outside the
corporate limits of the city, the clerk shall refer one copy of the preliminary
plat to the county board of supervisors.
6-14-13 REVIEW OF PRELIMINARY PLAT. The preliminary plat shall be reviewed by
the commission to determine its conformity with these regulations and all other
ordinances and regulations in force affecting subdivisions. Copies of the preliminary plat may be
transmitted to other city or school officials, as the commission deems
necessary, for their recommendations concerning matters within their jurisdiction. Their recommendations, along with those of
the city engineer shall be transmitted to the commission within three (3) weeks
from the date the plat is filed. The
commission may confer with the subdivider on changes deemed advisable and the
kind and extent of such improvements to be made.
6-14-14 ACTION BY THE COMMISSION. The commission shall, as soon as possible,
but not more than thirty (30) days thereafter, pass upon the preliminary plat
as originally submitted or modified. If
the commission does not act within thirty (30) days, the preliminary plat shall
be deemed to be approved; provided, however, that the subdivider may agree to
an extension of the time period not to exceed an additional sixty (60)
days. It shall then set forth its
recommendations in writing, whether of approval, modification or disapproval.
(Code of
Iowa, 1977, Sec. 409.14)
1. Reasons for
Changes or Disapproval. In the event
that substantial changes or modifications are made by the commission or the commission recommends disapproval of the
plat, it shall give its reasons therefor and it may request and cause the
revised preliminary plat to be re-submitted in the same manner as the original
plat.
2. Tentative
Approval. If the commission recommends
approval, it shall express its approval as
"Tentative Approval" and state the conditions of such
approval, if any.
3. Documenting
Approval. The action of the commission
shall be documented on seven (7) copies of the preliminary plat, referenced and
attached to any conditions determined.
One copy shall be returned to the subdivider, one copy shall be retained
by the commission, and five (5) copies shall be referred to the council.
6-14-15 ACTION BY COUNCIL. Within thirty (30) days of the receipt of the preliminary plat,
the council shall, by resolution,
tentatively approve or disapprove the plat.
If the preliminary plat is disapproved, objections to it shall be
returned to the commission for further review and the clerk shall notify the
subdivider of such action. If approved,
the clerk shall affix his signature to five (5) copies of the preliminary plat
with the notation of the date the preliminary plat received the council's
tentative approval. One copy shall be
returned to the commission and three (3) copies shall be returned to the
subdivider. The "Tentative
Approval" by the council shall not constitute final acceptance of the
addition or subdivision by the city but an authorization to proceed with
preparation of the final plat.
(Code of
Iowa, 1977, Sec 409.14)
6-14-16 EFFECTIVE PERIOD OF TENTATIVE APPROVAL The tentative approval of a preliminary plat
shall be effective for a period of one year at the end of which time final
approval must have been obtained. Any
plat not receiving final approval within this period of time shall be void, and
the subdivider shall be required to resubmit a new plat for tentative approval
subject to all new zoning restrictions and subdivision regulations.
6-14-17 COMPLETION OF IMPROVEMENTS. Before the council will approve the final
plat, all of the required improvements shall be constructed and accepted by
formal resolution of the council.
Before passage of said
resolution of acceptance, the city engineer shall report that said improvements
meet all city specifications and ordinances or other city requirements, and the
agreements between the subdivider and the city.
(Code of
Iowa, 1977, Sec. 409.5)
6-14-18 PERFORMANCE
BOND. The completion requirement
for improvements may be waived in whole or in part if the subdivider will post
a performance bond with the council guaranteeing that improvements not
completed will be constructed within a period of one year from final acceptance
of the plat; but 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
their construction has been completed.
Such performance bond shall be satisfactory to the city attorney as to
form, sufficiency, and manner of execution.
Upon recommendation of the commission, the council may extend the
completion date set forth in the bond for a maximum period of one additional
year.
(Code of
Iowa, 1977, Sec. 409.5 & 409.14)
6-14-19 FINAL PLAT.
The final plat shall conform substantially to the preliminary plat as
approved, and, if desired by the subdivider, it may constitute only that
portion of the approved preliminary plat which he proposes to record and
develop at the time, provided however, that such portion conforms to all
requirements of these regulations.
6-14-20 REQUIREMENTS OF THE FINAL PLAT. The following graphic and descriptive
material is required to be provided on the final plat and in the accompanying
material.
1. Contents of
the Final Plats. Every plat of a
subdivision offered for record shall conform to all of the following provisions
where applicable:
A. 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.
(Code of Iowa, 1977, Sec.
409.31)
B. 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 nor less than eight and one half (8 1/2) inches by
eleven (11) inches.
(Code of Iowa, 1977, Sec.
409.31)
C. Whenever more than one sheet is used to
accurately portray the lands subdivided, each sheet shall display both the
number 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.
(Code of Iowa, 1977, Sec.
409.31)
D.
A maximum scale of one hundred (100) feet to one inch shall be
used. 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.
(Code of
Iowa, 1977, Sec. 409.31)
E.
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.
(Code of
Iowa, 1977, Sec. 409.31)
F.
An arrow indicating the northern direction shall be drawn in a prominent
place on each sheet included in the plat, as well as the scale and date.
(Code of
Iowa, 1977, Sec. 409.31)
G.
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.
(Code of
Iowa, 1977, Sec 409.31)
H.
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.
(Code of
Iowa, 1977, Sec. 409.31)
I.
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.
(Code of
Iowa, 1977, Sec. 409.31)
J. 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 course. All bearings and
angles shown shall be given to at least the nearest minute of arc.
(Code of Iowa, 1977, Sec.
409.31)
K. Curve data shall be stated in terms of
radius, central angle, and tangent, or length of curve. In all cases, the curve data must be shown
for the line affected.
(Code
of Iowa, 1977, Sec 409.31)
L. 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.
(Code of Iowa, 1977, Sec
409.31)
M. 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.
(Code of Iowa, 1977, Sec.
409.31)
N. All interior excepted parcels shall be
clearly indicated and labeled, "not a part of this plat.”
(Code of Iowa, 1977, Sec.
409.31)
O. All adjoining properties shall be
identified, and where such adjoining properties are a part of a recorded subdivision, the name of that
subdivision shall be shown. If the
subdivision platted is a re-subdivision of a part or the whole of a previously
recorded subdivision, sufficient ties shall be shown to controlling lines
appearing on the earlier plat to permit an overlay to be made. Re-subdivisions shall be labeled as such in
a subtitle following the name of the subdivision wherever the name appears on
the plat.
(Code of Iowa, 1977, Sec.
409.31)
P. 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, water, sewer,
and such drainage easements as are deemed necessary for the orderly development
of the land encompassed within the plat.
(Code of Iowa, 1977, Sec.
409.31)
Q. A strip of land shall not be reserved by the
subdivider unless the land is of sufficient size and shape to be of some
practical use or service as determined by the council.
(Code of Iowa, 1977, Sec.
409.31)
R. The purpose of all areas dedicated to the
public must be clearly indicated on the plat.
(Code of Iowa, 1977, Sec.
409.31)
S. The plat shall contain a statement by a
registered land surveyor that the plat was prepared by the surveyor or under
the surveyor's direct personal supervision and shall be signed and dated by the
surveyor and bear the surveyor's Iowa
registration number or seal.
T. Street names and clear designation of public alleys.
(Code
of Iowa, 1977, Sec. 409.4 & 409.6)
U. Block and lot numbers.
(Code of Iowa, 1977, Sec.
409.4)
V. Name and address of owner and subdivider.
W. Accurate dimensions for any property to be
dedicated or reserved for public use.
X. The plat shall be signed and acknowledged by
the subdivision land owner and his or her spouse.
(Code of
Iowa, 1977, Sec. 409.8)
Y.
A sealed certification of the accuracy of the plat by the registered
land surveyor who drew the plat.
(Code of
Iowa, 1977, Sec. 409.1)
2. Information
to be Provided in Accompanying Material.
The following material shall be submitted with the final plat:
A.
A correct legal description of the subdivision land.
(Code of
Iowa, 1977, Sec. 409.8)
B. A certificate by the owner and his spouse,
if any, that the subdivision is with the free consent, and is in accordance
with the desire of the owner and spouse.
This certificate must be signed and acknowledged by the owner and spouse before some officer
authorized to take the acknowledgments of deeds.
(Code of
Iowa, 1977, Sec. 409.8)
C.
A complete abstract of title and an attorney’s opinion showing that the
fee title to the subdivision land is in the owner and that the land is free
from encumbrances other than those secured by any encumbrance bond.
(Code of
Iowa, 1977, Sec. 409.9)
D.
A certificate from the county treasurer that the subdivision land is
free from taxes.
(Code of
Iowa, 1977, Sec. 409.9)
E.
A certificate from the clerk of the district court that the subdivision
land is free from all judgments, attachments, or mechanics or other liens of
record in his office.
(Code of
Iowa, 1977, Sec. 409.9)
F.
A certificate from the county recorder that the title in fee is in the
owner and that it is free from encumbrances other than those secured by an
encumbrance bond.
G. A statement of restrictions of all types
that run with the land and become covenants in the deeds of lots.
H.
Resolution and certificate for approval by the council and for
signatures of the mayor and clerk.
(Code of
Iowa, 1977, Sec. 409.7)
I.
A certificate by the city engineer that all required improvements and
installations have been completed according to the construction plans submitted
with the preliminary plat, or that a performance bond guaranteeing completion
has been approved by the city attorney and filed with the clerk, or that the
council has agreed that the city will provide the necessary improvements and
installations and assess the costs against the subdivider or future property
owners in the subdivision.
(Code of
Iowa, 1977, Sec. 409.5)
J.
The encumbrance bond, if any.
(Code of
Iowa, 1977, Sec. 409.10 & 409.11)
K.
As provided for in Section 409.9, 1979 Code of Iowa, the opinion of the
attorney, the abstract of title and the certificate of the county recorder,
required to be submitted in paragraphs C and F above, however, may show a
mortgage or encumbrance if the final plat is accompanied by a consent to such
platting by the holder of the mortgage or encumbrance and a release from the
mortgage or encumbrance of all streets, easements and other areas to be
conveyed or dedicated to the City of Ely, Iowa. If the said consent and release by the holder of the mortgage or
encumbrance is so provided, the final plat may be approved without the posting
of any encumbrance bond.
6-14-21 SUBMISSION OF FINAL PLAT. The subdivider shall prepare a final plat in
accordance with the provisions of 6-14-20 and shall file with the clerk an
application in triplicate for the final approval of the plat. The application shall:
1. Forms and
Fees. Be made on forms available from
the clerk together with a fee of ten (10) dollars per lot, only if there have
been any changes made on the preliminary plat.
2. Number of Copies of Plat. Be accompanied by a minimum of ten (10)
copies of the final plat.
3. Offers of
Dedication. Be accompanied by all
formal irrevocable offers of dedication to the public of all streets, city
uses, utilities and easements, in a form approved by the city attorney.
4. Time of
Submission. Be presented to the clerk
at least four (4) weeks prior to the regular meeting of the commission.
6-14-22 REFERRAL OF FINAL PLAT. The clerk shall immediately refer one (1)
copy of the final plat to Registered Engineer, seven (7) copies to the
commission and retain one (1) copy in the city office. In the case of a subdivision outside the
corporate limits of the city, the clerk shall refer one (1) copy of the final
plat to the county board of supervisors.
6-14-23
ACTION BY COMMISSION. The
commission shall, upon receiving the final plat, as soon as possible, but not
more than thirty (30) days thereafter, consider the final plat, and if the same
is recommended for approval, shall
submit its recommendation of approval to the council together with a certified
copy of its resolution showing the action of the commission. If the commission recommends approval of the
final plat, such approval and the date thereof shall be noted on the plat over
the signature of both the chairman and secretary of the commission and the plat and five (5) copies
shall be transmitted to the council, and one copy shall be returned to the
subdivider.
(Code
of Iowa, 1977, Sec 409.14)
6-14-24 ACTION BY THE COUNCIL. Upon receipt of the certification by the
commission the council shall, within sixty (60) days, either approve or
disapprove the final plat
(Code of
Iowa, 1977, Sec. 409.14 & 409.15)
1. Disapproval
of Plat. In the event that said plat is
disapproved by the council, such disapproval shall be expressed in writing and shall point out wherein said proposed
plat is objectionable.
2. Acceptance
of Plat. In the event that said plat is
found to be acceptable and in accordance with these regulations, the council
shall accept same.
3. Final Approval and Recording of Plat. The passage of a resolution by the council
accepting the plat shall constitute
final approval of the platting of the area shown on the final plat, but the
subdivider or owner shall cause such plat to be recorded in the office of the
county recorder of the county where the land to be subdivided is located, and
shall file satisfactory evidence of such recording in the office of the clerk
before the city shall recognize the plat as being in full force and effect.
6-14-25 RE-SUBDIVISION OF LAND. The following requirements shall govern the
re-subdividing of land.
1. Procedure
for Re-subdividing. For any change in a
map of an approved or recorded subdivision plat, if such change affects any
street layout shown on such map, or area reserved for public use indicated on
the map, or any lot line, or if it affects any map or plan legally established
prior to the adoption of any regulations controlling subdivisions, such parcel
shall be approved by the same procedure, rules, and regulations as for a
subdivision.
2. Acreage Lots. Whenever a parcel of land is subdivided and the subdivision plat
shows one or more lots containing more than one acre of land and there are
indications that such lots will eventually be re-subdivided into smaller
building sites, the commission and council may require that such parcel of land
allow for future opening of streets and the ultimate extension of adjacent
streets. Easements providing for the
future opening and extension of such streets may be made a requirement of the
plat.
6-14-26 COMPLETION OF IMPROVEMENTS. Before the final plat is approved by the
council, all applicants shall be required to complete, in accordance with the
council's decision and to the satisfaction of the city engineer, all the
street, sanitary, and other improvements as required in these regulations,
specified in the preliminary plat, and as approved by the council, and to
dedicate same to the city, free and clear of all liens and encumbrances on the property and public improvements thus
dedicated.
(Code of
Iowa, 1977, Sec. 409.5)
6-14-27 PERFORMANCE BOND. The council in its discretion may waive the requirement that the
applicant complete and dedicate all public improvements prior to approving the
final plat, and that, as an alternative, the applicant post a bond at the time
of application for final plat approval in an amount estimated by the council as
sufficient to secure to the city the satisfactory construction, installation,
and dedication of the incomplete portion of required improvements. In addition:
(Code of
Iowa, 1977, Sec. 409.5 & 409.14)
1. Approved by
City Attorney. Such performance bond shall
comply with all statutory requirements and shall be satisfactory to the city
attorney as to form, sufficiency, and manner of execution as set forth in these
regulations.
2. Completion
Period. The period within which
required improvements must be completed shall be specified by the council in
the resolution approving the final plat shall be incorporated in the bond, and
shall not exceed one year from date of final approval.
3. Extension
of Completion Period. The performance
bond shall be approved by the council as to the amount and surety and
conditions satisfactory to the council.
The commission may, upon proof of difficulty, recommend to the council
extension of the completion date set forth in such bond for a maximum period of
one additional year. The council may at
any time during the period of such bond accept a substitution of principal or
sureties on the bond.
4. Temporary
Improvements. The applicant shall build
and pay for all costs of temporary improvements required by the council and
shall maintain same for the period specified by the council. Prior to
construction of any temporary facility
or improvement, the developer shall file with the city a separate suitable bond
for temporary facilities, which bond shall insure that the temporary facilities
will be properly constructed, maintained and removed.
5. Failure to
Complete Improvement. For subdivisions
for which no performance bond has been posted,
if the improvements are not completed within the period specified by the
council in the resolution approving the plat, the approval shall be deemed to
have expired. In those cases where a
performance bond has been posted and required improvements have not been
installed within the terms of such performance bond, the city may declare the
bond to be in default and require that all the improvements be installed
regardless of the extent of the building development at the time the bond is
declared to be in default.
6-14-28 INSPECTION OF IMPROVEMENTS. The council shall provide for inspection of
required improvements during construction and insure their satisfactory
completion. The applicant shall pay to
the city an inspection fee equal to the actual cost of inspection. These fees shall be due and payable upon
demand of the city and no building permits or certificates of occupancy shall
be issued until all fees are paid. The
subdivider shall furnish the council with a construction schedule prior to the
commencement of any and all construction, and notify the city not less than
twenty-four (24) hours in advance of readiness for required inspections.
6-14-29 RELEASE OR REDUCTION OF PERFORMANCE
BOND. The performance bond may not be
released or reduced except as follows:
1. Certificate
of Satisfactory Completion. The council
will not accept dedication of required improvements, nor release nor reduce a
performance bond, until the city engineer has submitted a certificate stating that all required improvements have
been satisfactorily completed and until the applicant's engineer has certified
to the city through submission of detailed "as built" plans of the
subdivision indicating location, dimensions, materials, and other information
required by the city, that all public improvements are in accordance with
construction plans for the subdivision.
2. Reduction
of Performance Bond. A performance bond
may be reduced upon actual dedication of public improvements and then only to
the ratio that the public improvement dedicated bears to the total public
improvements for the plat.
6-14-30 MAINTENANCE OF IMPROVEMENTS. Improvements shall be maintained and a
maintenance bond provided as follows:
1. Maintenance
of Improvements Before Acceptance. The
applicant shall be required to maintain all improvements on the individual
subdivided lots and provide for snow removal on streets and sidewalks, if
required, until acceptance of said improvements by the council. If there are any certificates of occupancy
on a street not dedicated to the city, the city may on twelve (12) hours notice
plow the street or effect emergency repairs and charge same to applicant.
2. Maintenance
Bond. The applicant shall be required
to file a maintenance bond with the governing body, prior to dedication, in an
amount considered adequate by the council and in a form satisfactory to the
city attorney, in order to assure the satisfactory condition of the required
improvements for a period of two (2) years after the date of their acceptance
by the governing body and dedication of same to the local government.
(Code of
Iowa, 1977, Sec 409.14)
6-14-31 DEFERRAL OR WAIVER OF REQUIRED
IMPROVEMENTS. Required improvements may
be deferred or waived as follows:
1. Waiver of
Required Improvements. The council may
defer or waive at the time of final approval, subject to appropriate
conditions, the provision of any or all such improvements as in its judgment
are not requisite in the interests of the public health, safety, and general
welfare, or which are inappropriate because of inadequacy or lack of connecting
facilities.
2. Deferral of
Required Improvements. Whenever it is
deemed necessary by the council to defer the construction of any improvement
required herein because of incompatible grades, future planning, inadequate or
lack of connecting facilities, or for other reasons, the applicant shall pay
his share of the costs of the future improvements to the city prior to the
approval of the final plat, or the applicant may post a bond insuring
completion of said improvements upon demand of the city.
6-14-32 ISSUANCE OF CERTIFICATES OF OCCUPANCY. No certificate of occupancy shall be issued
until the extent of street improvement
is adequate for vehicular access by the prospective occupant and by police and
fire equipment.
6-14-33 IMPROVEMENTS REQUIRED. The subdivider shall install and construct
all improvements required by these regulations in accordance with the
specifications and under the supervision of the council and to its
satisfaction.
(Code of
Iowa, 1977, Sec. L409.5 & 409.14)
6-14-34 DESIGN STANDARDS ARE MINIMUM. 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 the subdivision, the subdivider shall use standards
consistent with the site conditions so as to assure an economical, pleasant and
durable neighborhood.
6-14-35 CONFORMANCE TO APPLICABLE RULES AND
REGULATIONS. In addition to the
requirements established herein, all subdividers shall comply with the
following laws, rules, and regulations.
1. State
Statutes. All applicable statutes of the State of Iowa.
2. City
Plans. Any comprehensive plan, public
utilities plan, and capital improvements program of the city.
3. State
Agency Rules. The requirements and
rules of state agencies such as the state department of[m1]
environmental quality, state department of health, and the state department of
transportation, where applicable.
4. County
Standards and Regulations. The
standards and regulations of the county board of supervisors and county
commissions, boards, and agencies where applicable.
5. City
Standards and Regulations. The
standards and regulations adopted by the council, boards, commissions, and
agencies of the city.
6. Plat
Approval and Conformity. Plat approval
may be withheld if a subdivision is not in conformance with the above guides,
or policy and purposes of these regulations.
6-14-36
SUBDIVISION NAME. The proposed
name of the subdivision shall not duplicate, or too closely approximate
phonetically, the name of any other subdivision in the area covered by these
regulations. The council, after
consultation with the commission, shall have the final authority to designate
the name of the subdivision which shall be determined at preliminary plat
approval.
6-14-37 MONUMENTS.
Monuments shall be in conformance with the following requirements:
1.
Establishment of Permanent Control Monuments. Prior to the offering of the plat of any subdivision for record,
the surveyor shall confirm the prior establishment of permanent control
monuments at each controlling corner on the boundaries of the parcel or tract
of land being subdivided. If no
permanent control monuments exist, the surveyor shall establish at least two
(2) permanent control monuments for each block created, or if the area
subdivided into lots is less than a block in size, at least two (2) permanent
control monuments shall be established for the subdivision. Permanent 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 the monument.
(Code of
Iowa, 1977, Sec. 409.30)
2. Other Monuments of Record. Other monuments established prior to the
recording of the plat of the subdivision and described on the plat shall be
considered monuments of record and shall be given the same weight as original
permanent control monuments if the monuments remain undisturbed in their
original positions. The additional
monuments shall be constructed and embedded according to the provisions for
permanent control monuments prescribed in subsection 1 of this section.
(Code of
Iowa, 1977, Sec. 409.30)
3.
Establishment and Recording of Other Monuments. Monuments other than the permanent control monuments required in subsection 1 of this
section shall not be required to be established before the recording of the
plat or the conveyance of lands by reference to the plat if the registered land
surveyor includes in the surveyor’s statement on the plat that the additional
monuments required by these regulations shall be established before a specified
future date.
(Code of Iowa, 1977, Sec. 409.30)
4. Additional
Monuments Required. Additional
monuments shall be constructed and embedded
according to the provisions for permanent control monuments prescribed
in subsection 1 of this section, and shall be set all of the following
locations whether set prior to the recording of the plat, or subsequent to such
recording:
(Code of
Iowa, 1977, Sec- 409.30)
A.
At every corner and angle point of every lot, block or parcel of land
created.
B.
At every point of intersection of the outer boundary of the subdivision
with an existing or created right-of-way line of any street, railroad, or other
way.
C.
At every point of curve, tangency, reversed curve, or compounded curve
on every right-of-way line established.
5. Placement of Monument. When the placement of a monument required by
this chapter at the prescribed location
is impractical, it is permissible to establish a reference monument in close
proximity to the prescribed location.
If the reference monument is established prior to the recording of the
plat and its location properly shown on the plat, the reference monument shall
have the same status as other monuments of record. Where any point requiring monuments has been previously
monumented, the existence of the monument shall be confirmed by the surveyor.
The existing monument shall be considered a monument of record when
properly shown and described on the recorded plat.
(Code of
Iowa, 1977, Sec. 409.30)
6-14-38
CHARACTER OF THE LAND. Land
which the city finds to be unsuitable for subdivision or development due to
flooding, improper drainage, steep slopes, rock formations, adverse earth
formations or topography, utility easements, or other features which will
reasonably be harmful to the safety, health, and general welfare of the present
or future inhabitants of the subdivision or its surrounding areas or both,
shall not be subdivided or developed unless adequate methods are formulated by
the subdivider and approved by the council,
upon recommendation of the commission, to solve the problems created by
the unsuitable land conditions. Such
land shall be set aside for uses as shall not involve such a danger.
6-14-39 LOTS.
The lot size, width, depth, shape and orientation shall be appropriate
for the location of the subdivision and for the type of development and use
contemplated.
1. Lot
Size. Minimum lot dimensions and sizes
shall conform to the requirements of the zoning regulations where applicable,
but in no case shall a lot contain less than nine thousand five hundred (9,500)
square feet of area or be less than eighty (80) feet wide measured at the
building line.
(Code
of Iowa, 1977, Sec. 409.14)
A.
Residential lots where not served by public sewer shall be of sufficient
size, as determined by the city and subject to any applicable state or county
rules or regulations, to accommodate the type of private sewage disposal system
proposed by the developer.
B.
Depth and width of properties reserved or laid out for commercial and
industrial purposes shall be adequate to provide for the off-street service and
parking facilities required by the type of use and development contemplated.
C.
Corner lots for residential use shall have an extra fifteen (15) feet of
width to permit appropriate building setback from and orientation to both
streets.
2. Street
Access. Each lot shall be provided with
satisfactory access to a public street.
3. Double Frontage and Reverse Frontage
Lots. Double frontage and reverse
frontage lots shall be avoided except where essential to provide separation of
residential development from traffic arteries or to overcome specific disadvantages
of topography and orientation. A
planting screen easement of at least ten (10) feet, and across which there
shall be no right of access, shall be provided along the line of lots abutting
such a traffic artery or other disadvantageous use.
(Code of Iowa, 1977, Sec. 409.14)
4. Side Lot
Lines. Side lot lines shall be
substantially at right angles to straight street lines or radial to curved
street lines.
(Code of Iowa, 1977, Sec. 409.14)
5. Lot
Drainage. Lots shall be laid out so as
to provide positive drainage away from all buildings, and individual lot
drainage shall be coordinated with the general storm drainage pattern for the
area. Drainage shall be designed so as
to avoid concentration of storm drainage water from each lot to adjacent lots.
(Code of Iowa, 1977, Sec. 409.14)
6. Building
Lines. Building lines conforming with
zoning standards shall be shown on all lots within the platted area. Where the subdivided area is not under
zoning control, the council may require building lines in accordance with the
needs of each subdivision.
(Code of Iowa, 1977, Sec. 409.14)
6-14-40 BLOCKS.
Blocks shall conform to the following requirements:
1. Provision
for Lots. Blocks shall have sufficient
width to provide for two (2) tiers of lots of appropriate depths. Exceptions shall be permitted in blocks
adjacent to arterial streets, railroads, or waterways.
(Code of Iowa, 1977, Sec.
409.4 & 409.14)
2. Design
Considerations. The lengths, widths and
shapes of blocks shall be determined with due regard to:
(Code of Iowa, 1977, Sec.
409.4 & 409.14)
A. Provision for adequate building sites.
B. Zoning requirements where applicable.
C.
Topography.
D.
Needs for convenient access, control, and safety of street traffic circulation.
3. Block Lengths. The lengths of blocks shall be appropriate to the type of
development contemplated, but block lengths in residential developments shall
not exceed two thousand (2,000) feet, nor be less than five hundred (500)
feet. Wherever practicable, blocks
along arterial and collector streets shall not be less than one thousand
(1,000) feet in length.
(Code of Iowa, 1977, Sec.
409.4 & 409.14)
4. Easement
Reservation. In blocks over eight
hundred (800) feet in length, the council may require the reservation of an
easement to accommodate utilities, drainage facilities, or pedestrian traffic.
5. Pedestrian
Crosswalks. Pedestrian crosswalks, not
less than ten (10) feet wide, may be required by the council through the center
of blocks more than eight hundred (800) feet in length. Pedestrian crosswalks shall not exceed
twelve (12) percent in grade unless steps of an approved design are to be
constructed.
(Code of Iowa, 1977, Sec 409.14)
6-14-41
STREETS, GENERAL REQUIREMENTS.
Streets shall conform with the following general requirements:
l. Frontage on
Improved Roads. No subdivision shall be
approved unless the area to be subdivided shall have frontage on and access from an existing street.
(Code of
Iowa, 1977, Sec. 409.14)
2. Grading and
Improvement Plan. Streets shall be
graded and improved and conform to the city construction standards and
specifications and shall be approved as to design and specifications by the
city engineer, in accordance with the construction plans required to be
submitted.
(Code of Iowa, 1977, Sec.
409.5 & 409.14)
3. Topography
and Arrangement. Streets shall be in
conformance with the following requirements
related to topography and arrangement.
A. Streets shall be related appropriately to
the topography. All streets shall be
arranged so as to obtain as many as possible of the building sites at, or
above, the grades of the streets.
Grades of streets shall conform as closely as possible to the original
topography. A combination of steep
grades and curves shall be avoided.
Specific standards are contained in the design standards of these
regulations.
(Code of Iowa, 1977, Sec.
409.5)
B. All streets shall be properly integrated
with the existing and proposed system of streets and dedicated right-of-way.
(Code of Iowa, 1977, Sec.
409.4)
C. All arterial streets shall be properly
related to special traffic generators such as industries, business districts,
schools, churches, and shopping centers; to population densities; and to the
pattern of existing and proposed land uses.
(Code of Iowa, 1977, Sec.
409.14)
D. Municipal service streets shall be laid out
to conform as much as possible to the topography to discourage use by through
traffic, to permit efficient drainage and utility systems, and to require the
minimum number of streets necessary to provide convenient and safe access to
property.
(Code of
Iowa, 1977, Sec. 409.14)
E. Proposed streets shall be extended to the
boundary lines of the tract to be subdivided, unless prevented by topography or
other physical conditions, or unless in the opinion of the council such
extension is not necessary or desirable for the coordination of the layout of
the subdivision with the existing layout or the most advantageous future
development of adjacent tracts.
(Code of
Iowa, 1977, Sec. 409.5 & 409.14)
F. In business and industrial developments, the
streets and other access ways shall be planned in connection with the grouping
of buildings, location of rail facilities, and the provision of alleys, truck
loading and maneuvering areas, and walks and parking areas so as to minimize
conflict of movement between the various types of traffic, including
pedestrian.
(Code of Iowa, 1977, Sec.
409.14)
4. Access to
State or County Jurisdictional Roads.
Whenever any part of a subdivision is designed with access to a road
under state or county jurisdiction, permission for access to such roads shall
be obtained from the appropriate jurisdiction and such access shall be designed
according to the standards of the appropriate jurisdiction.
(Code of Iowa, 1977, Sec. 306.4)
5. Access to
Arterial Streets. Where a subdivision
borders on or contains an existing or proposed arterial street, the council may
require that lot access to such streets be limited by one of the following
means:
(Code of Iowa, 1977, Sec- 409.14)
A.
Lots shall be designed so as to back onto the primary arterial and front
onto a parallel municipal service street; no access shall be provided from the
arterial street, and screening shall be provided in a strip of land along the
rear property line of such lots.
B.
A series of cul-de-sacs entered from and designed generally at right
angles to such a parallel street, with the rear lines of their terminal lots
backing onto the arterial street.
C.
A frontage or service road, separated from the primary arterial by a
planting or grass strip and having access thereto at suitable points.
6. Street
Names. Streets that are in alignment
with others already existing shall bear the name of the existing streets. The proposed names of new streets shall not
duplicate or sound similar to existing street names. Street names shall be
subject to the approval of the council and commission.
7. Street Name
Signs. Street name signs are to be
placed at all intersections within or abutting the subdivision the type and
location of which to be approved by the council. The city shall install all street name signs. The applicant shall deposit with the city at
the time of final subdivision approval, the estimated cost of installation of
each street sign required by the council.
(Code of Iowa, 1977, Sec. 409.14)
8. Street
Lights. Installation of street lights
shall be required in accordance with design and specification standards
approved by the council.
(Code of Iowa, 1977, Sec. 409.14)
9.
Construction of Streets and Dead-End Streets. Streets and dead-end streets shall be in conformance with the
following requirements:
A. Construction of Streets. The arrangement of streets shall provide for
the continuation of principal streets between adjacent properties when such
continuation is necessary for convenient movement of traffic, effective fire protection, and for efficient provision
of utilities. If the adjacent property
is undeveloped and the street must be a
dead-end street temporarily, the right-of-way shall be extended to the property
line. A temporary T or L shaped turnabout
shall be provided on all temporary dead-end streets, with the notation on the
subdivision plat that land outside the normal street right-of-way shall revert
to the abutting street whenever the
street is continued. The council
may limit the length of temporary dead-end streets in accordance with the
design standards of these regulations.
(Code of
Iowa, 1977, Sec. 409.4 & 409.14)
B. Permanent Dead-end Streets. Where a road does not extend to the boundary
of the subdivision and its continuation is not required by the council for
access to adjoining property, its terminus shall normally not be nearer to such
boundary than one hundred fifty (150)
feet. However, the council may
require the reservation of an appropriate easement to accommodate drainage
facilities, pedestrian traffic, or utilities.
A cul-de-sac turnaround shall be provided at the end of a permanent
dead-end street in accordance with city construction standards and specifications.
For greater convenience to traffic and more effective police and fire
protection, permanent dead-end streets shall, in general, be limited in length
in accordance with the design standards of these regulations.
(Code of Iowa, 1977, Sec.
409.14)
6-14-42 STREETS; DESIGN STANDARDS. The following design standards shall apply
to the design of streets:
1.
General. In order to provide for
streets of suitable location, width, and improvement to accommodate prospective
traffic and afford satisfactory access to police, fire fighting, snow removal,
sanitation, and street maintenance equipment and to coordinate streets so as to
compose a convenient system and avoid undue hardships to adjoining properties
the following design standards for streets are hereby required:
(Code of Iowa, 1977, Sec. 409.14)
A. A tangent at least one hundred (100) feet
long shall be introduced between reverse curves on municipal arterial and
municipal collector streets, and seventy-five (75) feet on municipal service
streets.
B. When connecting street lines deflect from
each other at any one point by more than ten (10) degrees, they shall be connected
by a curve with a radius adequate to insure a sight distance of not less than
one hundred (100) feet for municipal
service and municipal collector streets, and of such greater radii as the
council shall determine for special cases.
C. Minimum Roadway and Right-of-Way Standards:
(1) Municipal arterial streets shall have a
right-of-way width of not less than eighty (80) feet and a roadway width of not
less than forty-four (44) feet.
(2) Municipal collector streets shall have a
right-of-way width of not less than sixty (60) feet and a roadway width of not
less than thirty-six (36) feet.
(3) Municipal service streets shall have a
right-of-way of not less than fifty (50) feet and a roadway width of not less
than twenty-six (26) feet.
(4) Frontage streets shall have a right-of-way
width of not less than forty (40) feet and a roadway width of not less than
twenty-six (26) feet.
(5) Cul-de-sacs shall meet all the requirements
for a municipal service street and, in addition, shall provide a turnaround
with a right-of-way radius of fifty (50) feet and a roadway radius of forty
(40) feet. No cul-de-sac shall exceed
five hundred (500) feet in length.
D. Street grades, wherever feasible shall not
exceed the following:
(1) Municipal Arterial streets - six (6)
percent.
(2) Municipal collector streets - eight (8) percent.
(3) Municipal service streets - (10) percent.
(4) Frontage streets - six (6) percent.
E. All changes in street grade shall be connected
by vertical curves of minimum length in feet equal to twenty (20) times the
algebraic difference in percents of grade.
F. No street grade shall be less than one half
(1/2) of one percent.
2. Street
Surfacing and Improvements. After
sewer, water and other utilities to be located underground within the
right-of-way have been installed by the applicant, the applicant shall
construct curbs and gutters and shall
surface or cause to be surfaced roadways to the widths prescribed in these
regulations. Said surfacing shall be of
Portland concrete cement or a surface approved by city engineer. Adequate provision shall be made for
culverts, drains, and bridges. All road
pavement, shoulders, drainage improvements and structures, curbs, turnarounds,
and sidewalks shall conform to all construction standards and specifications
adopted by the city, and shall be incorporated into the construction plans
required to be submitted by the developer for plat approval.
(Code of
Iowa, 1977, Sec. 409.14)
3. Excess
Right-of-Way. Right-of-way widths in
excess of the standards designated in these regulations shall be required
whenever, due to topography, additional width is necessary to provide adequate
earth slopes. Such slopes shall not be
in excess of three (3) to one.
(Code of Iowa, 1977, Sec. 409.14)
4. Railroads
and Limited Access Highways. Railroad
rights-of-way and limited access highways where so located as to affect the
subdivision of adjoining lands shall be treated as follows:
(Code of Iowa, 1977, Sec. 409.14)
A.
In residential districts a buffer strip at least twenty-five (25) 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 or limited access
highway. This strip shall be part of
the platted lots and shall be designated on the plat: “This strip is reserved for screening. The placement of structures hereon is prohibited.”
B.
In districts zoned for business, commercial, or industrial uses the
nearest street extending parallel or approximately parallel to the railroad
shall wherever practicable, be at a sufficient distance therefrom to ensure
suitable depth for commercial or industrial sites.
C. 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 one hundred fifty (150) 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.
5.
Intersections. The following
standards shall apply to the design of intersections:
(Code of Iowa, 1977, Sec. 409.14)
A. Streets shall be laid out so as to intersect
as nearly as possible at right angles.
A proposed intersection of two (2) new streets at an angle of less than
seventy-five (75) degrees shall not be acceptable. An oblique street should
be curved approaching an intersection and should be approximately at right
angles for at least one hundred (100) feet therefrom. Not more than two (2) streets shall intersect at any one point
unless specifically approved by the council.
B. Proposed new intersections along one side of
an existing street shall, wherever practicable, coincide with any existing
intersections on the opposite side of such street. Street jogs with centerline offsets of less than one hundred
fifty (150) feet shall not be permitted, except where the intersected street
has separated dual drives without median breaks at either intersection. Where streets intersect major streets, their
alignment shall be continuous.
Intersection of major streets shall be at least eight hundred (800) feet
apart.
C. Minimum curb radius at the intersection of
two (2) municipal service streets shall be at least twenty (20) feet; and
minimum curb radius at an intersection involving a municipal collector street
shall be at least twenty-five (25)
feet. Abrupt changes in alignment
within a block shall have the corners cut off in accordance with standard
engineering practice to permit safe vehicular movement.
D. Intersections shall be designed with a flat
grade wherever practical. In hilly or
rolling areas, at the approach to an intersection, a leveling area shall be
provided having not greater than a two (2) percent rate at a distance of sixty
(60) feet, measured from the nearest right-of-way line of the intersecting
street.
E. Where any street intersection will involve
earth banks or existing vegetation inside any lot corner that would create a
traffic hazard by limiting visibility, the developer shall cut such ground
and/or vegetation, including trees, in connection with the grading of the
public right-of-way to the extent deemed
necessary to provide an adequate sight distance.
F.
The cross-slopes on all streets, including intersections, shall be three
(3) percent or less.
6. Bridges.
Bridges of primary benefit to the applicant, as determined by the
council, shall be constructed at the full expense of the applicant without
reimbursement from the city. The
sharing expense for the construction of bridges not of primary benefit to the
applicant as determined by the council, will be fixed by special agreement
between the council and the applicant. Said
cost shall be charged to the applicant pro rata as the percentage of his land
developed and so served.
(Code of
Iowa, 1977, Sec 409.14)
7.
Alleys. The following design
standards for alleys shall be required of all subdividers:
(Code of Iowa, 1977, Sec.
409.6 & 409.14)
A.
Alleys shall be prohibited in residential districts.
B.
Alleys shall be provided in commercial and industrial districts, except
that the council may waive this requirement where other definite and assured
provision is made for service access, such as off-street loading, unloading and
parking consistent with and adequate for the uses proposed.
C.
Alleys shall have a right-of-way of not less than thirty (30) feet and a
roadway width of not less than twenty (20) feet.
D.
Alley intersections and sharp changes in alignment shall be avoided, but
where necessary, corners shall be cut off sufficiently to permit safe vehicular
movement.
E.
Dead-end alleys shall be avoided where possible but if unavoidable,
shall be provided with adequate turn-around facilities at the dead end, as
determined by the council.
8. Street Dedications and Reservations. The following provisions shall apply to
street dedications and reservations:
(Code of
Iowa, 1977, Sec. 409.14)
A. Street systems in new subdivisions shall be laid out so as to
eliminate or avoid new perimeter half-streets.
Where an existing half street is adjacent to a new subdivision, the
other half of the street shall be
improved and dedicated by the subdivider. The council may authorize a new perimeter street where the
subdivider improves and dedicates the entire required street right-of-way width
within his own subdivision boundaries.
B. Where a subdivision borders an existing
narrow street or when city plans or
zoning setback regulations indicate plans for realignment or widening a road
that would require use of some of the land in the subdivision, the applicant
shall be required to improve and dedicate at his expense such areas for
widening or realignment of such roads.
Such frontage roads and streets shall be improved and dedicated by the
applicant at his own expense to the full width as required by these subdivision
regulations. Land reserved for any
street purposes may not be counted in satisfying yard or area requirements of
the zoning regulations whether the land is to be dedicated to the city in fee
simple or an easement is granted to the city.
6-14-43 STORM SEWERS AND DRAINAGE. The following requirements shall apply to
the provision of storm sewers and drainage:
1. General
Requirements. The commission shall not
recommend for approval any plat of a subdivision which does not make adequate
provision for storm or flood water run-off channels or basins. The storm water drainage system shall be
separate and independent of any sanitary sewer system. Storm sewers, where required, shall be designed by methods as approved by
the council, and a copy of design computations shall be submitted along with
plans. Inlets shall be provided so that
surface water is not carried across or around any intersection, nor for a distance of more than six hundred
(600) feet in the gutter. When
calculations indicate that curb
capacities are exceeded at a point, no further allowance shall be made
for flow beyond that point, and basins shall be used to intercept flow at that
point. Surface water drainage patterns
shall be shown for each and every lot and block.
(Code
of Iowa, 1977, Sec. 409.14)
2. Nature of Storm Water Facilities. The applicant may be required by the council
to carry away by pipe or open ditch any spring or surface water that may exist
either previously to, or as a result of the subdivision. Such drainage facilities shall be located in
the road right-of-way where feasible, or in perpetual unobstructed easements of
appropriate width, and shall be constructed in accordance with the construction
standards and specifications.
(Code of
Iowa, 1977, Sec. 409.14)
A.
Where a public storm sewer is accessible, the applicant shall install
storm sewer facilities, or if no outlets are within a reasonable distance,
adequate provision shall be made for the disposal of storm waters, subject to
the specifications of the council.
However, in subdivisions containing lots less than fifteen thousand (15,000)
square feet in area and in business and industrial districts, underground storm
sewer systems shall be constructed
throughout the subdivisions and be conducted to an approved out-fall.
B.
If a connection to a public storm sewer will be provided eventually, as
determined by the council, the subdivider shall make arrangements for future
storm water disposal by a public storm sewer system at the time the plat
receives final approval. Provision for
such connection shall be incorporated by inclusion in the performance bond required for the
subdivision plat.
C.
A culvert or other drainage facility shall in each case be large enough
to accommodate potential runoff from its entire upstream drainage area whether
inside or outside the subdivision. The
council shall determine the necessary size of the facility, based on the
provisions of the construction standards and specifications assuming conditions of maximum potential
watershed development permitted by applicable zoning regulations.
D. The council shall also study the effect of
each subdivision on existing downstream drainage facilities outside the area of
the subdivision. City drainage studies
together with such other studies as shall be appropriate shall serve as a guide
to needed improvements. Where it is
anticipated that the additional runoff incident to the development of the
subdivision will overload an existing downstream drainage facility, the council
may withhold approval of the subdivision until provision has been made for the
recovery of the cost for the improvement of said potential condition in such
sum as the council shall determine. No
subdivision shall be approved unless adequate drainage will be provided to an
adequate drainage watercourse or facility.
(Code of Iowa, 1977, Ch.
455A)
E. The council may, when it deems it necessary
for the health, safety, or welfare of the present and future population of the
area and necessary to the conservation of water, drainage, and sanitary
facilities, prohibit the subdivision of any portion of the property which lies
within the flood plain of any stream or drainage course.
3. Dedication
of Drainage Easements. The following
shall apply to the dedication of drainage easements.
(Code of Iowa, 1977, Sec. 409.14)
A. Where a subdivision is traversed by a
watercourse drainage way, channel, or stream, there shall be provided a storm
water easement or drainage right-of-way conforming substantially to the lines
of such watercourse, and of such width and construction or both as will be
adequate for the purpose. Wherever
possible, it is desirable that the
drainage be maintained by an open channel with landscaped banks and adequate
width for maximum potential volume of flow.
B. Drainage easements:
(1) Where topography or other conditions are
such as to make impractical the inclusion of drainage facilities within street
rights-of-way, perpetual unobstructed easements at least fifteen (15) feet in
width for such drainage facilities shall be provided across property outside the
street lines and with satisfactory access to the road. Easements shall be indicated on the
plat. Drainage easements shall be
carried from the street to a natural watercourse or to other drainage
facilities.
(2) When a proposed drainage system will carry
water across private land outside the subdivision, appropriate drainage rights
must be secured and indicated on the plat.
(3) The applicant shall dedicate, either in fee
or by drainage or conservation easement of land on both sides of existing watercourses,
to a distance to be determined by the council.
(4) Low-lying lands along watercourses subject
to flooding or overflowing during storm periods, whether or not included in
areas for dedication, shall be preserved and retained in their natural state
as drainage ways. Such land or lands subject to periodic
flooding shall not be computed in determining the area requirement of any lot.
6-14-44 WATER FACILITIES. Water facilities shall be provided as follows:
1. General
Requirements. The following general
requirements shall apply to the provision of water facilities:
(Code of
Iowa, 1977, Sec. 409.14)
A.
Where a public water main is accessible the subdivider shall install
adequate water facilities, including fire hydrants, subject to city
specifications. All water mains shall
be at least four (4) inches in diameter.
B.
Water main extensions shall be approved by the city.
C.
To facilitate the above, the location of all fire hydrants and all water
supply improvements shall be shown on the preliminary plat.
2. Individual
Wells and Central Water Systems. The
following requirements shall apply to the provision of individual wells and
central water systems.
(Code of Iowa 1977, Sec. 409.14)
A. In the discretion of the council, if a
public water system is not available, individual wells may be used or a central
water system provided in such a manner that an adequate supply of potable water
will be available to every lot in the subdivision. Water samples shall be submitted to the appropriate county or
state agency for testing, and individual wells and central water systems shall
be approved by the appropriate county or
state health authorities. Orders
of approval shall be submitted to the council.
B. If the council requires that a connection to
a public water main be eventually provided as a condition to approval of an
individual well or central water system, the applicant shall make arrangements
for future water service at the time the plat receives final approval. Performance or cash bonds may be required to
insure compliance.
3. Fire
Hydrants. Fire hydrants shall be
required for all subdivisions except those coming under subsection 2 of Section
6-14-44. Fire hydrants shall be located
no more than five hundred (500) feet apart and within five hundred (500) feet
of any structure.
(Code of Iowa, 1977, Sec. 409.14)
6-14-45 SEWERAGE FACILITIES. Sewerage facilities shall be provided as
follows:
1. General Requirements. The applicant shall install sanitary sewer
facilities in a manner prescribed by the city construction standards and
specifications. All plans shall be
designed in accordance with the rules, regulations and standards of the city
and the state department of environmental quality or state department of
health. Plans shall be approved by the
above agencies.
(Code of
Iowa, 1977, Sec. 409.14)
2.
Construction of Sanitary Sewerage Systems. Sanitary sewerage systems shall be constructed as follows:
(Code of Iowa, 1977, Sec 409.14)
A.
Where a public sanitary sewerage system is reasonably accessible the
applicant shall connect with same and provide sewers accessible to each lot in
the subdivision.
B. Where public sanitary sewerage systems are
not reasonably accessible but will become available within a reasonable time,
not to exceed fifteen (15) years, the applicant may choose one of the following
alternatives:
(1) Install a central sewerage system, operated
and maintained by the benefited property owners. Where plans for future public sanitary sewerage systems exist,
the applicant shall install the sewer lines, laterals, and mains to be in
permanent conformance with such plans and ready for connection to such public
sewer mains.
(2) Individual disposal systems, provided the
applicant shall install sanitary sewer lines, laterals, and mains from the
street curb to a point in the subdivision boundary where a future connection
with the public sewer main shall be made.
Sewer lines shall be lain from the house to the street line, and a
connection shall be available in the home to connect from the individual
disposal system to the sewer system when the public sewers become
available. Such sewer systems shall be
capped until ready for use and shall conform to all plans for installation of
the public sewer system, where such exist, and shall be ready for connection to
such public sewer main.
C. Where sanitary sewer systems are not
reasonably accessible and will not become available for period in excess of
fifteen (15) years, the applicant shall install individual disposal systems or
central sewerage systems.
3. Individual
Disposal System Requirements. If public
sewer facilities are not available and individual disposal systems are
proposed, minimum lot areas shall conform to the requirements of applicable
zoning regulations and these regulations.
Percolation tests and test holes shall be made as directed by the city
and the results submitted to the local board of health.
(I.A.C.
470-12)
(Code of
Iowa, 1977, Sec. 409.14)
4. Water
Supply Interconnections. There shall be
no physical connection between a public or private potable water supply system
and a sewer which will permit the passage of any sewage or polluted water into
the potable supply. Sewers shall be
kept removed from water supply wells or other water supply sources and
structures
(Code of Iowa, 1977, Sec. 409.14)
6-14-46 SIDEWALKS.
The following requirements shall apply to the provision of sidewalks:
1. Location of
Sidewalks. Sidewalks shall be included
within the dedicated non-pavement right-of-way
of all streets.
(Code of
Iowa, 1977, Sec 409.14)
2.
Construction of Sidewalks.
Sidewalks shall be improved as required in subsection 2 of Section
6-14-42 of these regulations.
(Code of Iowa, 1977,
Sec- 409.14)
6-14-47 UTILITIES.
The following shall apply to the provision of utilities.
1.
Location. The council may
require that all utility facilities, including, but not limited to gas,
electric power, telephone, and CATV cables, be located underground throughout
the subdivision. All utility facilities
existing and proposed throughout the subdivision shall be shown on the
preliminary plat. Underground service
connections to the street property line of each platted lot shall be installed
at the subdivider’s expense. At the
discretion of the council, the requirement for service connections to each lot
may be waived in the case of adjoining
lots to be retained in single ownership and intended to be developed for
the same primary use.
(Code of Iowa, 1977, Sec. 409.14)
2.
Easements. Easements shall be
provided as follows:
(Code of Iowa, 1977, Sec. 409.14)
A.
Easements centered on rear lot lines shall be provided for
utilities. Such easements shall be at
least ten (10) feet wide. Proper
coordination shall be established between the subdivider and the applicable
utility companies for the establishment of utility easements established in
adjoining properties
B.
Where topographical or other conditions are such as to make impractical the
inclusion of utilities within the rear lot lines, perpetual unobstructed
easements at least ten (10) feet in width shall be provided along side lot
lines with satisfactory access to the street or rear lot lines. Easements shall be indicated on the plat.
6-14-48 PRESERVATION OF NATURAL FEATURES AND
AMENITIES. Existing features which
would add value to residential
development or to the city as a whole, such as trees, watercourses and falls,
beaches, historic spots, and similar irreplaceable assets, shall be preserved
in the design of the subdivision. No
trees shall be removed from any subdivision nor any change of grade of the land
effected until approval of the preliminary plat has been granted. All trees on the plat required to be
retained shall be preserved, and all trees where required shall be protected
against change of grade.
6-14-49 NON-RESIDENTIAL SUBDIVISIONS. The following provisions shall apply to
non-residential subdivisions:
1. General.
If a proposed subdivision includes land that is used for commercial or
industrial purposes, the layout of the subdivision with respect to such land
shall make such provision as the council may require. A non-residential subdivision shall be subject to all the
requirements of these regulations, as well as such additional standards
required by the council, and shall conform to the proposed land use and
standards established in city plans and regulations.
(Code of
Iowa, 1977, Sec. 409.14)
2. Standards.
In addition to the principles and standards in these regulations, which
are appropriate to the planning of all subdivisions, the applicant 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.
(Code of
Iowa, 1977, Sec- 409.14)
A.
Proposed industrial parcels shall be suitable in area and dimensions to
the types of industrial development anticipated.
B.
Street rights-of-way and pavement shall be adequate to accommodate the
type and volume of traffic anticipated to be generated thereupon.
C.
Special requirements may be imposed by the city with respect to street,
curb, gutter, and sidewalk design and construction.
D.
Special requirements may be imposed by the city with respect to the
installation of public utilities, including water, sewer, and storm water drainage.
E.
Every effort shall be made to protect adjacent residential areas from
potential nuisance from a proposed
commercial or industrial subdivision including the provision of extra depth in
parcels backing up on existing or
potential residential development and provisions for a permanently landscaped
buffer strip when necessary.
F. Streets
carrying non-residential traffic, especially truck traffic, shall not
normally be extended to the boundaries of adjacent existing or potential
residential areas.
6-14-50
SCHOOL AND PARK RESERVATIONS. If
land to be subdivided contains sites that are designated in city plans or plans
of other public bodies to be used for schools or parks, the developer shall
reserve such site for such use. If
sites which have been reserved are not acquired by the city or other public
body within two (2) years of the date of the preliminary plat approval, then
such sites may be subdivided by the developer.
The appropriate public body may release the reserved site sooner by
certifying to the council that it does not intend to acquire such site within
the two (2) year period.
6-14-51
IMPROVEMENTS WITHIN UN-INCORPORATED JURISDICTION. Improvements in the two (2) mile
un-incorporated area under the jurisdiction of these regulations shall be the
same as required herein, provided they are not less than that required by the
applicable county subdivision regulations, and provided further that all
construction plans shall be approved by the county, and completed public roads
shall be accepted by the board of supervisors for public maintenance.
6-14-52 VARIATIONS AND EXCEPTIONS. The following shall apply to the granting of
variations or exceptions:
1.
Hardships. Where the council
finds that extraordinary hardships or particular difficulties regarding the
physical development of land may result from strict compliance with these
regulations, it may make variations or exceptions to the regulations so that
substantial justice may be done and the public interest secured, provided that
such variation or exception shall not have the effect of nullifying the intent
and purpose of these regulations; and
further provided the council shall not grant variations or exceptions to these
regulations unless it shall make findings based upon the evidence presented to
it in each specific case that:
(Code of
Iowa, 1977, Sec. 409.14)
A.
The granting of the variation will not be detrimental to the public
safety, health, or welfare or injurious to other property or improvements in
the neighborhood in which the property is located.
B.
The conditions upon which the request for a variation is based are
unique to the property for which the variation is sought, and are not
applicable generally, to other property.
C.
Because of the particular physical surroundings shape or topographical
conditions of the specific property
involved, a particular hardship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of the regulations were carried
out.
D.
The purpose of the variation is not based exclusively upon a desire to
make more money out of the property.
2.
Conditions. In granting
variations and exceptions the council may require such conditions as will, in
its judgment, secure substantially the objectives of the standards or
requirements of these regulations.
(Code of
Iowa, 1977, Sec. 409.14)
3. Procedure
for a Variance. A petition for any such
variance shall be submitted in writing by the developer at the time when the
preliminary plat is filed. The petition
shall state fully the grounds for the application and all of the facts relied
upon by the petitioner.
(Code of
Iowa, 1977, Sec. 409.14)
6-14-53 CHANGES AND AMENDMENTS. Any provisions of these regulations may be
changed and amended from time to time by the council, provided, however, that
such changes or amendments shall not become effective until after a public
hearing has been held, public notice of which shall have been given as required
by law. Such proposed amendments shall
first be submitted to the commission for study and recommendation before the hearing
is held. The commission shall forward
its recommendations to the council within thirty (30) days after which the
council shall give notice of and hold a public hearing on the proposed
amendment.
6-14-54 ENFORCEMENT, VIOLATIONS AND PENALTIES. No plat or subdivision within the city or
within two (2) miles thereof shall be filed or recorded with the county, nor
shall any plat or subdivision have any validity until it complies with the
provision of these regulations, has been approved by the council as herein set
forth, and further:
(Code of
Iowa, 1977, Sec. 409.14)
1. Issuance of
Building Permits. No more than two (2)
building permits for each separate tract existing at the time of the effective
date of these regulations shall be issued unless the tract has been platted in
accordance with these regulations; except that this provision shall not limit
the number of building permits that may be issued for accessory buildings as
defined by applicable land use regulations such as zoning and restricted
residence regulations or additions or improvements to a main or accessory
building already legally located upon said tract.
2. Sale or
Lease Without Plat. Any person who
shall dispose of or offer for sale or lease any lots in the city or addition to
the city, until the plat thereof has been acknowledged and recorded as provided
in these regulations, shall forfeit and pay fifty (50) dollars for each lot and
part of lot sold or disposed of, leased, or offered for sale.
(Code of
Iowa, 1977, Sec. 409.45)
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