1. Pre-Application Conference.
A. Purpose. The purposes of the pre-application conference are: (i) to inform City staff of a possible future subdivision; (ii) to facilitate City staff review of the effect and feasibility of a proposed subdivision in relation to the City’s existing and proposed infrastructure systems; and (iii) to inform the applicant of the requirements of the regulations.
B. Procedure.
(1) The applicant shall request a pre-application conference with the Development Director. The Development Director will invite all other appropriate staff.
(2) The applicant shall submit three copies of a sketch plan for the area of land proposed to be subdivided five days prior to the pre-application conference.
C. Sketch Plan Contents. A sketch plan shall contain, at a minimum, the information set forth below.
(1) The name of the proposed subdivision;
(2) The name, address and other pertinent information about the property owner, the applicant, or other preparer of the sketch plan;
(3) A north arrow and the preparation or submission date;
(4) The general location, areas and dimensions of any lots to be platted by the proposed subdivision;
(5) The general location, width and dimensions of any highways, streets, alleys, and other ways existing or proposed to be reserved or dedicated for public use on or abutting the area of land proposed to be subdivided;
(6) The general location of any existing or proposed public infrastructure including water mains, sanitary sewer mains, storm sewer mains, and facilities and other infrastructure (including, but not limited to gas, cable, phone, and electricity); and
(7) The location, width and character of all existing or proposed utility easements on or abutting the area of land proposed to be subdivided.
D. Sketch Plan Review and Comments.
(1) The appropriate City staff shall review and comment upon the sketch plan, taking into consideration the requirements of the regulations and the best use of the tract or parcel proposed to be subdivided and giving particular attention to the following:
a. the location and layout of any proposed streets or other public ways;
b. the arrangement and size of any lots to be platted by the proposed subdivision;
c. the layout of any proposed public infrastructure;
d. the pattern of surface water drainage on the area of land proposed to be subdivided; and
e. the potential for any additional development of abutting lots, or areas of land.
(2) Neither the developer nor the City shall be bound by any comments, recommendations, determinations or decisions of City staff offered or made during the pre-application conference.
E. Classification of Subdivisions. The Development Director shall issue a written determination as to the classification of a proposed subdivision within 20 days of the conclusion of the pre-application conference process. All subdivisions will be classified according to §177.09(70).
2. Discussion of Requirements. Before preparing a sketch plan, the developer should discuss with the Development Director the requirements and procedure for approval of a property line adjustment, property split, or minor or major subdivision. The Development Director shall also advise the developer, where appropriate, to discuss the proposal with those officials who must eventually approve these aspects of the subdivision coming within their jurisdiction.
3. Application for Land Division Approval. An application for land division approval shall be filed, upon the form provided, with the Development Director. The application shall be accompanied by a fee, as specified in Section 177.16, and by such additional information and documentation as prescribed by the Development Director. The application shall contain the following information and documentation:
A. The names, addresses and telephone numbers of the owner of the land and the developer, if other than the owner.
B. The three proposed names of the subdivision, in order of preference, for approval by the Development Director, or the name of the property owner, if no subdivision name has been chosen.
C. The street address or general location and legal description of the subject property.
D. The present and proposed uses and zoning district classification of the subject property.
E. A copy of any existing protective covenants or deed restrictions on the subject property.
F. A statement of any existing easements affecting the subject property.
G. A statement of preliminary proposals for providing water supply, sanitary sewage treatment, utilities, storm water drainage and other improvements.
H. Two copies of the sketch plan as described in subsection 4 below.
I. A statement by the person preparing the application attesting to the truth and correctness of all information and documentation presented with the application.
4. Contents of the Sketch Plan. A sketch plan shall contain the following information at a minimum:
A. The name of the proposed subdivision;
B. The name, address and other pertinent information about the property owner, the applicant, or other preparer of the sketch plan;
C. A north arrow and the preparation or submission date;
D. The general location, areas and dimensions of any lots to be platted by the proposed subdivision;
E. The general location, width and dimensions of any highways, streets, alleys, and other ways existing or proposed to be reserved or dedicated for public use on or abutting the area of land proposed to be subdivided;
F. The general location of any existing or proposed public infrastructure including water mains, sanitary sewer mains, storm sewer mains, and facilities and other infrastructure; and
G. The location, width and character of all existing or proposed utility easements on or abutting the area of land proposed to be subdivided.
5. Review of Sketch Plan. The Development Director shall review the application and determine the appropriate subdivision classification for the sketch plan. The developer shall confer with the Development Director and the City Engineer to develop a mutually acceptable sketch plan for a major subdivision.
6. Sketch Plan Approval of a Property Line Adjustment. Following such review of the sketch plan for a property line adjustment, the Development Director shall either approve the sketch plan with or without specified conditions, to be accepted by the developer as a condition of such approval or disapprove the sketch plan. The Development Director shall notify, in writing, the developer of his/her decision.
A. Approval of the sketch plan shall signify the general acceptability of the proposed property line adjustment with respect to compliance with the requirements of the City Zoning Ordinance and this Ordinance and shall be deemed to be authorization to proceed with preparation of necessary instruments for conveyance of a portion of one lot or parcel to the owner of an adjoining lot or parcel. A plat of survey shall be prepared for the division. One copy of the plat of survey shall be prepared by an Iowa registered land surveyor and filed with the Development Director and reviewed and approved by the Development Director before final approval may be given on the land division application. A copy of said decision shall be recorded simultaneously with any and all instruments filed with the County Recorder which transfer the ownership of said property being divided. Such instruments shall contain a deed restriction requiring the portion of land described in the plat of survey be transferred with the adjoining tract or parcel to which it is being added as if it were a single parcel. A copy of such instrument shall be submitted for review by the Development Director prior to being recorded to insure that said deed restriction is included.
B. Disapproval of the sketch plan shall signify the general unacceptability of the proposed property line adjustment with respect to compliance with the requirements of the City Zoning Ordinance and this Ordinance; however, the developer may appeal the decision of the Development Director to the City Council for final determination.
7. Sketch Plan Approval of a Property Split. Following such review of the sketch plan for a property tract split, the Development Director shall either approve the sketch plan with or without specified conditions to be accepted by the developer as a condition of such approval or disapprove the sketch plan. The Development Director shall notify, in writing, the developer of his/her decision:
A. Approval of the sketch plan shall signify the general acceptability of the proposed property split with respect to compliance with the requirements of the City Zoning Ordinance and this Ordinance. A plat of survey shall be prepared as follows:
(1) In the event a forty-acre aliquot part is proposed to be divided into two parcels, it shall be required that only the parcel being conveyed have a plat of survey prepared of it. However, as allowed by Code of Iowa, Section 354.4, at the discretion of the County Auditor, an order may be given to require both parcels to have a plat of survey prepared of them. In the event only the parcel being conveyed has a plat of survey prepared, the decision on the land division application shall be conditional upon no further divisions taking place in that forty-acre aliquot part until such time as all parcels in said forty-acre aliquot part have had a plat of survey prepared of them. In the event a forty-acre aliquot part is proposed to be divided into two parcels simultaneously, it shall be required that both parcels in that forty-acre aliquot part have a plat of survey prepared of them.
(2) In the event a forty-acre aliquot part was divided into two parcels prior to January 1, 2008, and it is proposed that one of the two parcels be divided into two parcels, resulting in no more than three parcels within the boundaries of the forty-acre aliquot part, only the two new parcels shall be required to have a plat of survey prepared of them.
(3) In the event a forty-acre aliquot part was divided into two parcels after January 1, 2008, and it is proposed that one of the two parcels be divided into two parcels, neither parcel shall be able to be divided unless a plat of survey has been prepared of all parcels located in said forty-acre aliquot part.
(4) One copy of the plat of survey shall be prepared by an Iowa registered land surveyor and filed with the Development Director before final approval may be given on the land division application. A copy of said decision shall be recorded simultaneously with any and all instruments filed with the County Recorder which transfer the ownership of said property being divided.
B. Disapproval of the sketch plan shall signify the general unacceptability of the proposed property split with respect to compliance with the requirements of the City Zoning Ordinance and this Ordinance; however, the developer may appeal the decision of the Development Director to the Commission for final determination.
8. Effective Period of Sketch Plan for a Property Split or Property Line Adjustment. Within one year from the day the Development Director approves a land division application for a property split or a property line adjustment, the developer shall cause the approved deed and approved land division application to have been recorded in the Office of the County Recorder. If the developer fails to record said instruments within the appropriate time period, the land division application shall be void.
9. Sketch Plan Approval of a Minor or Major Subdivision. Following such review of a sketch plan for a minor or major subdivision, the Development Director shall either approve the sketch plan with or without specified conditions to be accepted by the developer as a condition of such approval or disapprove the sketch plan. The Development Director shall notify, in writing, the developer of his/her decision.
A. Approval of the sketch plan shall signify the general acceptability of the proposed minor or major subdivision with respect to compliance with the requirements of the City Zoning Ordinance and this Ordinance and shall be deemed to be authorization to proceed with the preparation of a preliminary plat as described in Section 177.11.
B. Disapproval of the sketch plan shall signify the general unacceptability of the proposed minor or major subdivision with respect to compliance with the requirements of the City Zoning Ordinance and this Ordinance; however, the developer may appeal the decision of the Development Director to the Commission for final determination.
10. National Pollution Discharge Elimination System (NPDES) Permit. An application for a land division for a property split, involving disturbing of one or more acres or more during construction activity, shall not be approved unless it includes a copy of an approved NPDES Permit issued by the Iowa Department of Natural Resources.
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