1. Title. This chapter shall be known and may be cited and referred to as the “City of Boone, Iowa, Subdivision Ordinance.”
2. Purposes and Objectives. This Subdivision Ordinance is adopted to establish rules, regulations and minimum standards for the design, development and improvement of all new subdivisions and re-subdivisions within the City, in order to promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare of the present and future citizens of City of Boone, Iowa, all in accordance with and as permitted by the provisions of Chapter 354, Code of Iowa, as amended. It shall be administered in order to insure the orderly growth and development, the conservation, protection, and the proper use of land, and for the adequate provisions for public utilities, services and circulation. More specifically, the Ordinance is adopted in order to achieve the following objectives, among others:
A. To establish reasonable standards of design and procedures for approval of subdivisions in order to further the orderly layout and use of land; and to insure proper legal descriptions and monumenting of subdivided land.
B. To cause the cost of design and installation of improvements required for a subdivision to be borne by the developer, rather than by the direct or indirect burden upon property owners beyond the limits of the subdivision.
C. To protect the character and the social and economic stability of all parts of the City and to encourage the orderly and beneficial development of all parts of the City.
D. To insure the installation of adequately sized utilities and adequate streets.
E. To promote a safe, effective traffic circulation system.
F. To secure economy in government expenditures.
G. To insure that public facilities, where available, will have a sufficient capacity to serve the subdivision.
H. To encourage the most appropriate use of land in the City.
I. To improve land records by establishing standards for surveys and plats.
3. Jurisdiction. The provisions of this Ordinance shall apply to all of the unincorporated territory of City of Boone, Iowa.
4. Plats in Unincorporated Areas within Two Miles of the Corporate Limits of Boone. The purpose of this section is to facilitate the orderly processing of subdivisions in unincorporated areas of the City within two miles of the corporate limits to avoid conflicting regulations while at the same time assuring that provisions are made for proper and orderly future growth of the City and County. These regulations govern any plat for subdivision of any area of land within the City, or outside the City, but within two miles of the City boundaries, including any plat of survey, within Boone County, Iowa.
5. Application of Regulations. The regulations set forth by this Ordinance shall apply to all subdivisions of land, as defined herein, located within the jurisdiction of the City:
A. No plat of any subdivision within the application of this Ordinance shall have any validity until the plat has been prepared, approved and acknowledged in the manner prescribed in this Ordinance.
B. The subdivision of any tract or parcel of land for the purpose of sale, transfer or lease with the intent of evading the provisions of this Ordinance shall not be permitted. All such described subdivisions shall be subject to all the requirements contained in this Ordinance.
C. No permit, license or certificate shall be issued by a department, official or public employee of the City vested with such duty or authority, for any use, building or other purpose on a parcel or tract which is not a lot of record at the effective date of adoption of this Ordinance or which has been approved and not yet recorded within one year in accordance with the provisions of this Ordinance or past ordinances. Any permit, license or certificate issued in conflict with the provisions of this Ordinance shall be null and void and of no effect.
D. No public improvements shall be made by the City Council with City funds, nor shall any City funds be expended for road maintenance, road improvements, or any other services in any area that has been subdivided after the effective date of this Ordinance, unless such subdivision and streets have been approved in accordance with the provisions of this Ordinance and the street accepted by the City Council as a public street.
6. Classification of Subdivisions. Except as provided in Section 177.13(8), whenever any division of a tract or parcel into two or more parcels is proposed, before any contract is made for the sale of any part thereof, and before any zoning permit is issued for the erection of any structure upon such land, the owner of the land, or an authorized agent, shall apply and secure approval of the particular type of division, as described below.
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