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In case, on application for such approval of any plat, the Council fails to either approve or reject the same within 60 days from date of application, the developer shall have the right to file the same with the County Recorder, Assessor or Auditor. If the plat is disapproved by the Council, such disapproval shall point out wherein the proposed plat is objectionable.
Upon approval of the Council, the developer shall record the plat with the county recorder within thirty days. If not recorded within this time, the approval shall be null and void. Immediately after recording, the original or a duly certified copy shall be filed with the office of the Clerk.
The final plat shall show the following:
1. Primary control points, approved by the City Engineer, or descriptions and ties to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred.
2. Tract boundary lines, right-of-way lines of streets, easements, and other rights-of-way and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves.
3. Name and right-of-way width of each street.
4. Location, dimensions, and purpose of any easement, including 100-year flood elevation line and base flood elevation data.
5. Number to identify each lot or site and block.
6. Purpose for which sites, other than residential lots, are dedicated or reserved.
7. Minimum building lines in zoned areas, proposed building lines in all other areas, and minimum floor elevation allowable for building sites within the flood plain overlay zone (one foot above the 100-year flood elevation).
8. Location and description of monuments.
9. Certification by a surveyor or engineer certifying to the accuracy of the survey and plat.
10. Certification of the applicant approving the plat.
11. Warranty deed by the owner dedicating streets and any sites for public use.
12. Name of subdivision.
13. Title scale, north arrow, and date.
The following material shall accompany the final plat:
1. A statement by the proprietors and their spouses, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an officer authorized to take the acknowledgments of deeds. The statement by the proprietors may also include a dedication to the public of all lands within the plat that are designated for streets, alleys, parks, open areas, school property, or other public use, if the dedication is approved by the Council.
2. A statement from the mortgage holders or lienholders, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an officer authorized to take the acknowledgment of deeds. An affidavit and bond as provided for in Section 354.12 of the Code of Iowa may be recorded in lieu of the consent of the mortgage or lienholder. When a mortgage or lienholder consents to the subdivision, a release of mortgage or lien shall be recorded for any areas conveyed to the City or dedicated to the public.
3. An opinion by an attorney-at-law who has examined the abstract of title of the land being platted. The opinion shall state the names of the proprietors and holders of mortgages, liens or other encumbrances on the land being platted and shall note the encumbrances, along with any bonds securing the encumbrances. Utility easements shall not be construed to be encumbrances for the purpose of this section.
4. A certificate of the County Treasurer that the land is free from certified taxes and certified special assessments or that the land is free from certified taxes and that the certified special assessments are secured by bond in compliance with Section 354.12 of the Code of Iowa.
5. A resolution and certificate for approval by the Council and for signatures of the Mayor and Clerk.
6. A cross section and profile of streets approved by the City Engineer. The profiles shall be drawn to City standard scales and elevations and shall be based on M.S.L. datum plane approved by the City Engineer. The location, size, and grade of all conduits, sewers, pipelines, and similar devices to be placed under the streets and alleys shall be shown in the profile and cross sections where they occur.
7. A grading plan showing areas of excavation, earthwork and soil erosion control methods which will be practiced, and quantities involved in the soil erosion control methods.
8. All protective covenants, affecting the subdivided land, in form for recording.
9. Such other certificates, affidavits, endorsements, or deductions as may be required by the Commission in the enforcement of these regulations.
All improvements required to be installed pursuant to the subdivision regulations of the City shall be installed prior to the issuance of building permits for buildings or structures lying within the plat unless performance bonds and/or a letter of credit for sidewalks, street trees and erosion control insuring the completion of all required public improvements are filed with the City, under the provisions of Section 200.39. In no event shall occupancy permits be issued authorizing the occupancy of any dwelling or structure within any plat until all improvements have been completed and accepted by the City.
Public streets and other public improvements shall only be accepted by the Council after the following procedures have been undertaken and completed:
1. Prior to the construction of any public improvement, the developer shall submit to the City Engineering Department three copies of the construction contract and a maintenance bond complying with the provisions of Section 200.39.
2. The City Engineering Department shall thereupon check the construction plans and bond to insure compliance with the regulations of the City. After ascertaining that the construction contracts and bonds comply with the provisions of this chapter, the Engineering Department shall submit the same to the Council for its approval.
3. All improvements must be constructed and installed in accordance with these regulations and the specifications of the City.
4. All public improvements constructed under the provisions of these ordinances must first be approved by the City Engineer prior to their acceptance by the Council.
The standards and details of design contained in the following Sections 200.31 through 200.34 are intended only as minimum requirements and the subdivider should use standards consistent with the site conditions to assure an economical, pleasant, and durable neighborhood. All subdivisions shall conform to the comprehensive plan approved by the Commission and adopted by the Council.
1. Residential street systems shall be designed to be compatible with existing streets, the official map of the City and to rationalize traffic patterns within new subdivision.
2. The street plan shall accommodate existing street alignments which enter or border the tract.
3. Existing and proposed streets which are a part of a master transportation plan shall be incorporated into the design of new subdivisions. Special exceptions may be granted for streets that can be terminated by a cul-de-sac or other arrangement without seriously affecting traffic flows and existing trip destinations.
4. Existing streets, constructed or platted, shall not be vacated, unless the vacation:
A. Is in accordance with the City master plan;
B. Will alleviate a significant traffic problem; and
C. Does not remove reasonable access to individual properties.
5. No half streets shall be permitted. Streets designed to create a border for the tract shall be platted as whole streets according to their use and classification.
6. No dead-end streets shall be permitted except as a temporary measure approved by the City.
7. The design of residential streets shall be based on traffic projections into and from the proposed subdivision at potential full development of the area, as indicated from current zoning and the master plan of the City.
8. Streets and alleys shall be completed to grades which have been approved by the City Engineer and surfaced in accordance with the standard specifications of the City.
9. Streets that are in obvious alignment with existing streets shall bear the name of the existing street. The final plat shall show the proposed name of new streets and these names shall not duplicate or sound similar to existing street names.
10. A deed to the City shall be given for all streets before the same may be accepted for City maintenance.
11. Where practical and compatible with the zoning and internal layout of the subdivision, dwelling unit driveway access to collector streets shall be avoided.
12. Street classes below collector shall not connect two or more arterial streets, or an arterial and collector street. Residential streets which connect higher order streets often become shortcuts, thereby increasing the traffic load on purely residential streets and defeating the purpose of the design.
13. The following street length requirements shall be observed.
A. The uninterrupted length of any residential street between intersections shall not exceed 1,000 feet.
B. The length of cul-de-sac shall not exceed 500 feet without special approval of the City.
C. Where the length of a cul-de-sac or other street with a turnaround provided at its end exceeds 500 feet, without an intersection, an intermediate turnaround shall be provided.
14. The minimum width for street rights-of-way and paving shall conform to Table “A” provided that the applicable conditions are met.
A. Rights-of-way for residential streets shall be determined by the need for such rights-of-way to protect the City and to enable future revisions to the street system, which can reasonably be foreseen.
B. Rights-of-way requirements for street classes below collector streets shall not be based upon provisions for future widening.
C. Rights-of-way requirements for all collector and arterial streets shall consider the need for future widening.
D. Rights-of-way for pedestrian access adjacent to paved streets shall be granted where sidewalks or other structures are deemed necessary in addition to the street.
E. If future widening is indicated, the rights-of-way width shall be minimum, consistent with accommodating the increased pavement.
F. Slopes adjacent to roadways, natural or manmade, may be placed within easements on individual properties rather than acquired as rights-of-way.
G. On cul-de-sacs below the minimum width, an easement shall be granted to the City on all properties granting the encroachment of emergency vehicles. This easement shall be granted to preclude any damage claims from property owners in the event it is necessary for public emergency vehicles to encroach upon residential property for turning, parking, or other maneuvers associated with the performance of duty by official agencies of the governmental bodies.
15. The minimum width provided in Table “A” may be reduced by Council action if such reduction in width is offset by reduction of on-street parking as is hereinafter set out:
A. Right-of-way width may be reduced on cul-de-sacs and other minor streets with no on-street parking.
B. Right-of-way width may be reduced on a sub-collector street provided that parking is permitted on one side of the street only.
C. Right-of-way width may be reduced on a collector street provided that no on-street parking is allowed.
16. Residential street systems shall be designed to maintain a free flow of traffic consistent with the need for safety of vehicles and pedestrians.
17. Traffic controls may be imposed by the City in compliance with its traffic control master plan.
18. All platted streets within the City shall be dedicated to the City for public use, the dedication to be by deed or other appropriate conveyance; provided, however, the Council may waive the requirement of this subsection under the following conditions:
A. The applicant shall submit, for approval by the Council, proposed bylaws of a property owner’s association established for the purpose of maintaining the roadway and fully defining the functions, responsibilities and operating procedures of the association. The proposed bylaws shall include but not be limited to provisions which do the following:
(1) Automatically grant membership in the association to all titleholders within the proposed development;
(2) Grant to each titleholder within the development the right to the use and enjoyment of the roadway;
(3) Place the responsibility for operation and maintenance of the roadway on the association;
(4) Grant each titleholder voting rights in the association;
(5) Provide that the association and the title-holders of such association will hold the City harmless from any and all claims or causes of action which may arise in favor of any person claiming damages by virtue of the failure of the association to adequately maintain the roadway for public use;
(6) Require the association to provide and maintain signs to be approved by the City Engineering Department notifying the public that such roadway is a private road and has not been accepted for public use by the City.
(7) Such bylaws shall further provide for a procedure for assessment against the titleholders in favor of the association for the cost of maintaining such private roadway. The bylaws required under this subdivision shall be prepared in such a manner as to be suitable for recording.
B. The applicant shall provide an easement granting the City the right to use such roadway for access to all lots abutting the roadway for police and fire protection or for any other purpose deemed to be necessary and appropriate.
C. The proposed roadway shall be of sufficient width and design to provide suitable access to all fire prevention motor vehicles and equipment owned by the City.
19. Single-family residences should not front on streets on which future high traffic volumes are anticipated unless a 75-foot building setback line is platted.
20. The following regulations govern residential street classification:
A. Classification of residential streets is done to assist in the evaluation of the design of each street in a subdivision’s system. It is not intended to be used to set arbitrary standards without assessing the complete plan for a subdivision and the intended use of each street.
B. Residential streets shall be classified according to their design, use (actual or intended), their relationship to other streets in the hierarchy and their residential character.
C. The classes of streets outlined in Table “A” are adopted.
Title | A.A.D.T Est. | Dwelling Units Served | Features | Conditions | |
R.O.W. | Paving Width | ||||
Minor Streets | |||||
Reduced cul-de-sac
| 0 to 150
| Not more than 20 R-1, R-2, R-3(A)
| Straight 50' turnaround 52.5
| 25.0' 40.0'R
| A, B, C, D, E, F
|
Special cul-de-sac
| 150 to 250
| Not more than 35 R-1, R-2, R-3(A)
| Straight 50' turnaround 52.5
| 25.0' 40.0'R
| B, C, D, F, G, I
|
Special looping
| 150 to 250
| Not more than 35 R-1, R-2, R-3(A)
| 50'
| 25'
| B, C, D, F, H, I
|
Normal cul-de-sac
| 250 to 350
| Not more than 50 any res.
| Straight 60' turnaround 56.5
| 27' 40.0'R
| D, I, J
|
Normal looping
| 250 to 350
| Not more than 50 any res.
| 60'
| 27'
| D, I, K
|
Normal residential
| 0 to 1500
| N/A
| 60'
| 29'
| D, I, L
|
Collector Streets | |||||
Minor collector | 1500 to 3500 | N/A | 70' | 31' | I, M, N, O, P |
Normal commercial and industrial | 1500 to 3500 | N/A | 70' | 31' | I, M, N, O, P |
Special collector | 3500 to 6000 | N/A | 70' | 31' | I, Q, R, S, T, U |
Municipal collector | 3500 to 8000 | N/A | 70' | 36' | I, Q, V |
Special boulevard collector | 0 to 8000 | N/A | 80' | 19' & 19' with raised 14' median | I, W |
Major Thoroughfares | |||||
Minor arterial | 5000 to 13000 | N/A | 80' | 45' | I, X |
Boulevard minor arterial | 5000 to 13000 | N/A | 80' | 21' & 21' with a depressed 14' median | I, X |
Arterial | 10000 to 20000 | N/A | 100' | 49' | I, X |
Boulevard arterial | 10000 to 20000 | N/A | 100' | 23' & 23' with a depressed 16' median | I, X |
CONDITIONS |
A. Cul-de-sac less than 350 feet in length. |
B. Covenant 20-foot driveways from sidewalk to building line. |
C. Special 35-foot building line. |
D. Two standard overstory trees per lot in five-foot easement. |
E. Paving thickness one inch less than required by standard specifications. |
F. Entire street in one plat to ensure no change in functional use. |
G. Cul-de-sac less than 450 feet in length. |
H. Looping street of less than 1500 feet in length. |
I. Paving thickness as required by standard specifications. |
J. Cul-de-sac of standard length. |
K. Looping street of less than 2,000 feet in length. |
L. Maximum length between intersections of 1,000 feet. |
M. Maximum length between intersections of 1500 feet except as approved by City Engineer. |
N. No walks in M zone except as ordered by Council. |
O. Add ten feet to radius minimums required in industrial and commercial zones. |
P. See special left turn lane for intersection with arterials. |
Q. Maximum length between intersections of 2,000 feet. |
R. One-family and two-family units fronting use conditions B and C of this subsection. |
S. No parking both sides. |
T. Commercial drives covenanted to three hundred-foot intervals. |
U. Parking to be reviewed for adequacy, or covenant off-street parking. |
V. Commercial drives covenanted to 200-foot intervals. |
W. Can be used in place of normal residential. |
X. A five-foot tree easement with an average of one standard overstory tree for each side of the street for each 500 feet of frontage. |
21. Dwelling Unit Access.
A. The subdivision shall have access to public roads. All dwelling units shall have access to a platted street. Emergency vehicle access shall be available to all dwelling units over an approved street, easement, or other public right-of-way.
B. Dwelling units shall not be given direct driveway access to arterial streets except:
(1) Where existing lots of record abut on arterial streets.
(2) In special instances where the configuration of the tract prevents the construction of an access road or an interior roadway, after review and approval by the City.
(3) Directional and informational signs shall be controlled so as not to compete with traffic-control signs for the drivers’ attention.
22. Sidewalk/Pedestrian Circulation System.
A. Sidewalks shall be placed parallel to the roadways providing direct access to:
(1) Commercial/retail facilities;
(2) Schools;
(3) Public recreational facilities;
(4) Elsewhere, in accordance with the pedestrian circulation system as necessary.
B. Sidewalks may also be eliminated along one or both sides of minor streets if the subdivision provides an alternative pedestrian circulation system.
C. Sidewalks may also be eliminated along one or both sides of major streets, outside of the commercial, retail, and educational concentrations, if it will facilitate pedestrian safety.
D. Pedestrian-vehicular separation shall be considered where possible. Design solutions which achieve this separation shall receive priority consideration.
23. Drainage.
A. Street drainage utilizing curbs and gutters shall be designed to control the velocity of the flow of water in the gutter below levels which are hazardous to pedestrian safety.
B. Street drainage utilizing roadside swales shall be designed to be free-flowing but not to the extent that the flow would erode the swales.
C. Drainage of runoff shall not impede the movement of emergency vehicles.
D. Drainage of runoff shall be a part of the design of the total drainage system for the subdivision.
24. Curbing.
A. Curb and gutter will be required when they are:
(1) Necessary to handle runoff;
(2) Necessary for the maintenance of the pavement and the prevention of pavement edge raveling.
B. Curb and gutter may be eliminated along certain roadways when drainage is provided in swales, which are designed to reduce the rate of runoff, restore and/or supply needed water to vegetation in the street right-of-way or as a part of phased road construction.
1. Blocks shall not be longer than one thousand feet between street lines.
2. Block design shall take into consideration convenience of access, circulation of street traffic, orientation for solar access, limitations, and opportunities of topography, and the zoning requirements of the City.
3. Where blocks are over seven hundred feet in length, an easement for a pedestrian walkway not less than ten feet wide may be required approximately in the middle of the block.
4. Where blocks where lots deeper than two hundred fifty feet are proposed, a reservation for a future street through the middle of the block, longitudinally, may be required.
1. Size, width, depth, shape and orientation of lots may be appropriate for the use of passive and active solar applications and for the locations, type and use of the development; consideration should be given to locating lots to allow buildable sites on each lot which will not encroach into the 100-year flood line.
2. Lot dimensions shall conform to the requirements of the applicable zoning regulations of the governing body having jurisdiction over such lot.
3. Lots located within the two-mile area outside the corporate limits shall conform to the requirements of the subdivision regulations of the City or to the County ordinances, whichever are more restrictive. When sanitary sewer and water facilities are not available, such lots shall be of sufficient size to conform to all applicable State and County health regulations.
4. The corner where streets intersect shall be platted with a radius of not less than fifteen feet.
5. In all lots so far as possible, side lot lines abutting objectionable uses shall be avoided except where their use will produce definite advantages in accord with sound site planning and proper land use. A planting screen easement of at least ten feet, across which there shall be no right of access, shall be provided along the line of lots abutting objectionable uses, such as railroads, highways, and major and secondary thoroughfare streets when such easement is necessary to provide proper separation of residential development from such objectionable uses.
6. Butt lots shall be platted at least five feet wider than the average width of the interior lots in the block; their use shall be avoided when possible. For the purpose of this section, a “butt lot” is defined as a lot which is in the middle of and adjacent to two corner lots which front on a platted street.
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