CITY OF ELY

LINN COUNTY, IOWA

ORDINANCE No. 195

AN ORDINANCE TO AMEND THE DURATION OF PRELIMINARY PLATS

SECTION 1. §6-14-6 Repealed. Section 6-14-6 of the Ely Code of Ordinances is hereby repealed in its entirety

SECTION 2. §614-6- ADOPTED. The following is hereby adopted as Section 6-14-6 of the Ely Code of Ordinances:

6-14-6  Duration of Approval of Preliminary Plat.  The approval of a preliminary plat by the Council shall be valid for a period of two (2) years from the date of such approval, unless upon written request of the subdivider the Council by resolution grants an extension of time. Such extension of time may be granted by the City Council upon review of a written request submitted by the subdivider prior to expiration of the original two-year period. Not more than one extension of one hundred eighty (180) days may be granted. Every preliminary plat or portion thereof not final platted within two years of the date of Council approval of the preliminary plat shall be subject to a requirement of being re-platted in order to comply with any municipal, state or federal laws or regulations that have taken effect after approval of the preliminary plat.  If the final plat is not filed with the city clerk within two years of preliminary plat approval, the preliminary plat shall be deemed to have expired and all previous actions of the city council with respect to the plat shall be deemed null and void unless the Council approves an extension on the period of validity as provided for herein. If the preliminary plat expires, the subdivider shall be required to resubmit a new preliminary plat for approval subject to the then current subdivision and zoning regulations before any development of the subdivision will be allowed.

SECTION 3. REPEALER CLAUSE. Any ordinance, provision or part thereof, which differs or is inconsistent with this ordinance is hereby repealed, to the extent of said difference or inconsistency.

SECTION 4. SEVERABILITY. If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of the ordinance as a whole, or any section, provision or part thereof not adjudged invalid or unconstitutional

SECTION 5. EFFECTIVE DATE. This ordinance shall be in effect from and after final passage, approval, and posting and publication of this ordinance as required by law.

Introduced this 12^th day of March, 2007, and adopted by the City Council of the City of Ely, Iowa this 9^th day of April, 2007.

Dale Stanek, Mayor

Attest:

Aaron Anderson, Clerk/Administrator