1. Conformance to Applicable Rules and Regulations. No subdivision shall be approved and accepted by the City unless it conforms to the minimum requirements contained herein. In addition to these requirements, all subdivisions shall comply with the following:
A. The City Zoning Ordinance and all other applicable laws, rules and regulations of the appropriate local jurisdictions.
B. The Comprehensive Plan and all other applicable plans adopted by the City.
C. All applicable standards established and regulations adopted by the City.
D. All applicable laws, rules and regulations of the State and its duly constituted agencies.
E. Approval may be withheld if a subdivision is not in conformity with the above laws, rules and regulations, and the purposes of this Ordinance, as established in §177.01(2).
2. Land Suitability. No land shall be subdivided which is found to be unsuitable for development by reason of flooding, ponding, poor drainage, adverse soil conditions, adverse geological formations, unsatisfactory topography or other features likely to be harmful to the health, safety or general welfare of the future residents of the subdivision or the residents of the City, until such time as conditions causing the unsuitability are corrected. The following general standards shall apply: The City Council, in applying the provisions of this section, shall in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for the proposed use and afford the developer the opportunity to present evidence regarding such unsuitability if he so desires. Thereafter, the City Council may affirm, modify or withdraw its determination of unsuitability.
3. 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 of the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots.
4. Water Bodies and Watercourses. If the tract being subdivided contains a water body, or portion thereof, lot lines shall be drawn so as to distribute the entire ownership of the water body among the fees of adjacent lots. The City Council may approve an alternate plan whereby the ownership of and responsibility for the safe maintenance of the water body is so placed that it will not become a City responsibility. None of the land which is under water shall be utilized to meet the minimum area of the lot required under the City Zoning Ordinance. Where a watercourse separates the buildable area of a lot from the street by which it has access, provisions shall be made for the installation of a culvert or other structure, in accordance with standards and specifications approved by the City Engineer.
5. Two-Mile Limit; Urban Service Area. Developments occurring outside corporate limits but within the Urban Service Area, established in the Boone Comprehensive Plan, shall make accommodations for urban services according to this Ordinance. This shall not serve as a requirement that full urban services be installed but rather accommodation of easements, rights-of-way, and annexation agreements.
6. Lots. The arrangement of lots shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing zoning permits to build on all lots in compliance with the City Zoning Ordinance and in providing driveway access to buildings on such lots from an approved street.
A. The lot size, width, depth, shape and orientation, and the minimum front yard setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated, and shall comply with the minimum standards of the City Zoning Ordinance.
B. Dimensions of corner lots shall be large enough to allow for the erection of buildings, observing the minimum front yard setback from both streets.
C. RESERVED.
D. Where lots are more than double the minimum required area for the zoning district, the City Council may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots, all in compliance with the City Zoning Ordinance and the provisions of this Ordinance. Commission and City Council approval shall be required for any property line adjustment or parcel split which takes place on lots platted after the effective date of this Ordinance. The Commission may require that a resubdivision/replat be prepared in lieu of a property line adjustment or parcel split.
E. Depth and width of lots reserved or laid out for commercial or industrial purposes shall be adequate to provide for off-street parking and loading facilities required for the type of use and development contemplated, as established in the City Zoning Ordinance.
F. Every lot shall abut and have access to a public street.
G. In general, side lot lines shall be at right angles to street lines, or radial to curving street lines, unless a variation from this requirement will give a better street or lot layout.
H. Double frontage and reverse frontage lots shall be avoided except where necessary to provide separation of residential development from arterial streets or to overcome specific disadvantages of topography and orientation.
7. Frontage Required. All major subdivisions shall be in areas in which the property lies immediately adjacent to or has direct access from a hard surfaced public street. In the event the subdivision is proposed to be developed as a major subdivision, the interior streets shall be developed as stipulated in subsections 8 and 9 of this section. In the event the proposed subdivision is situated on an existing graveled public street, it shall be the developer’s responsibility to have a hard surfaced public street constructed from the subdivision entrance road(s) or from the subdivision frontage to another hard surfaced public street.
8. Street Layout and Design. The arrangement, character, extent, width, grade and location of all streets shall be designed with consideration of and in relationship to existing and planned streets, topographical conditions, public convenience and safety, and the proposed uses of land to be served by such streets. The layout and design of streets in all subdivisions shall conform to the following:
A. Streets shall provide, where practical, for the continuation or appropriate projection of existing streets in the surrounding area.
B. Streets shall be related appropriately to the topography. Local streets shall be curved wherever possible to avoid conformity of lot appearance. All streets shall be arranged so as to obtain as many as possible of the building sites at, at or above, the grade 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.
C. 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 uses.
D. Local streets shall be laid out to conform as much as possible to the topography, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access of property.
E. The rigid rectangular gridiron street pattern should be avoided wherever possible and the use of curvilinear streets, cul-de-sacs, or loop streets shall be encouraged where such use will result in a more desirable layout.
F. Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by the topography or other physical conditions, or unless in the opinion of the City 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.
G. In nonresidential subdivisions, the streets and other access-ways shall be planned in connection with the grouping of buildings, location of rail facilities, truck loading and maneuvering areas, walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian.
9. Street Standards. Street standards including, but not limited to, right-of-way widths, grades, sight distances, vertical curve length, and pavement type, width and thickness, shall be based upon standards equal or greater than current Iowa Statewide Urban Design and Specification (SUDAS) Standards. Hydraulic design of drainage facilities shall meet or exceed the minimum requirements currently utilized by the City Engineer.
A. Dedication of additional right-of-way shall be required for any subdivision having frontage on an existing street which does not meet with the minimum right-of-way width required by the City Engineer.
B. All major and minor subdivisions shall meet Minimum Street Standards according to SUDAS.
C. Dead-end streets, designed to be so temporarily, shall extend to the property line. A temporary “T” shaped turnaround shall be provided on all temporary dead-end streets, with the notation on the final plat that the land outside of the normal street right-of-way shall revert to abutting landowners whenever the street is continued.
D. All pavements shall meet or exceed minimum smoothness standards based on current Iowa Department of Transportation specifications, as stipulated in Section 2316.02-Measurements; 2316.03-Evaluation; and Section 2532-Pavement Surface Repair (Diamond Grinding). Final profile index shall not exceed 20 inches per mile or the current metric equivalent adopted by the Iowa Department of Transportation. All costs incurred to test for assurance that the minimum smoothness standards have been met shall be the responsibility of the developer.
E. Bump correction or smoothness correction or both may be required. If required, the correction shall be completed before the final determination of pavement thickness. All bumps exceeding a vertical height of five-tenths (0.5) inch in a 25-foot span, as indicated on the profile trace, shall be corrected. Corrections will also be required, in lengths excluded from the profilogram, for deviations exceeding one-eighth (1/8) inch in 10 feet. However, on asphalt pavements the surface shall be corrected only with approval of the City Engineer. Also, when an additional full width lane for through traffic is to be constructed, bump correction of the new pavement will not be required if the bump also occurs at the location in the adjacent lane. The corrected bumps will be considered satisfactory when measurement by the profilograph shows that the bumps are five-tenths (0.5) inch or less in a 25-foot span.
F. Streets shall use a slip form paver when furnishing Portland cement concrete.
10. Access to Arterials. Where a subdivision borders on or contains an existing or proposed arterial street, the City Council may require that access to such streets be limited by one of the following means:
A. The subdivision of lots so as to back onto the arterial street and front onto a parallel local 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-sac or loop streets, entered from and designed generally at right angles to such parallel street, with the rear lines of their terminal lots backing onto the arterial street. A marginal access street, separated from the arterial street by a buffer or grass strip and having access thereto at suitable points.
C. In a minor subdivision where driveway access is directly from a street, the City Council may require that such lots be served by a combined access driveway in order to limit possible traffic hazard on such street. Where possible, driveways shall be designed and arranged so as to avoid requiring vehicles to back into traffic on arterial streets.
D. No more than four parcels in a subdivision can be directly accessed from an arterial street. A cul-de-sac, frontage road or series of interior streets shall be required when the number of lots exceed four, unless a residential driveway that existed prior to January 1, 2008, will be utilized and no new entrances are being constructed.
11. Railroads and Limited Access Highways. Railroad right-of-ways and limited access highways where so located as to affect the subdivision of adjoining lands shall be treated as follows:
A. In residential subdivisions, a buffer strip of at least 25 feet in depth, in addition to the normal depth of the lot required in the zoning 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 final plat: This strip is reserved for screening. The placement of structures hereon is prohibited.
B. In nonresidential subdivisions, the nearest street extending parallel or approximately parallel to the railroad shall, whenever practicable, be at a sufficient distance therefrom to ensure suitable depth for commercial or industrial sites.
C. Streets parallel to a railroad or limited access highway when intersecting a street which crosses the railroad or limited access highway at grade shall, to the extent practical, be at a distance of at least 150 feet from such right-of-way. Such distance shall be determined with consideration of the minimum distance required for further separation of grades by means of appropriate approach gradients.
12. Water Supply. The developer shall make provisions for an approved, adequate supply of potable water to every lot in the subdivision as follows: provide a complete public water supply system, including all hydrants, valves and other appurtenances and a service connection to each lot throughout the entire subdivision.
A. Such system shall extend into and through the subdivision to the boundary lines and shall be connected to a public water system. Such water supply system shall be designed and constructed in accordance with the standards and specifications of the appropriate State and local authorities. All water mains shall be of such size as to support the use of fire hydrants, as described below.
B. Fire hydrants shall be required for all subdivisions provided with a public water supply. Fire hydrants shall be placed in accordance with the Uniform Fire Code. To eliminate future street excavations, all underground utilities for fire hydrants, together with the fire hydrants themselves and all other supply improvements, shall be installed before any final surfacing of a street shown on the final plat.
13. Sanitary Sewer. The developer shall make provisions for an approved, sanitary means of sewage disposal for every lot in the subdivision as follows: The developer shall provide a complete public sanitary sewer system, including all appurtenances and a service connection to each lot throughout the entire subdivision. Such system shall extend into and through the subdivision to the boundary lines and shall connect to a public sanitary sewer system. Such sanitary sewer system shall be designed and constructed in accordance with the standards and specifications of the appropriate State and local authorities.
14. Drainage. Adequate drainage systems shall be planned and constructed as required throughout the subdivision to carry off storm water from all inlets and catch basins and be connected to an approved outfall. There shall be provided storm-water sewers or a surface drainage system to serve adequately the area being subdivided, considering but not limited to the use of existing drainage channels whenever possible. The design of the drainage system shall consider the drainage area of which the subdivision is a part and existing watercourses. In addition, a longitudinal footing drain collector pipe shall be installed along all new public improved streets and a service connection to each lot throughout the entire subdivision shall also be installed. Such system shall extend into and through the subdivision to the boundary lines and shall connect to a public storm sewer system. All storm drainage facilities shall be constructed based upon criteria established by the City Engineer. The City shall only be responsible for maintenance of storm water sewer structures which lie within the City road right-of-way.
15. Easements. Easements shall be provided for utility service, including storm sewer drainage structures, where necessary. Easements for sanitary sewer, storm sewer facilities and water supply and distribution lines shall be at least 20 feet in width and other easements shall be at 10 feet in width. All easements shall be established where practicable at the rear and side of each lot and along such other lot lines to provide continuity of alignment from block to block. However, the combined width of such easements shall be equally divided between adjoining lots within any proposed subdivision.
A. All utility distribution lines for telephone, electric, natural gas and cable television service to be installed shall be placed underground within easements or dedicated public right-of-ways. The installation of such facilities shall be made in compliance with the applicable orders, rules and regulations of the State of Iowa, now or hereafter effective, and the owner or developer of any property to be served from such underground installations shall be responsible for compliance with the rules and regulations of any public utility whose services will be required with respect to the provisions of such underground facilities.
B. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, or other body of water, appropriate dedications or easement provisions, with adequate width or construction to accommodate observed, computed or anticipated storm water drainage through and from the subdivision, shall be made. The width of the easement or dedication shall be dependent on the area of land drained by the watercourse and to allow access to the structure for construction and maintenance equipment.
C. A screen planting easement may be required between residential and commercial or industrial lots. If such easement is to be used for public utilities, additional width may be required to assure that maintenance of the utilities would not be detrimental to the plantings.
D. Parks situated in the interior of blocks shall have direct and public access to surrounding streets by an easement at least 20 feet wide, and shall be covered by the restrictive covenants as to maintenance.
16. Reserve Strips. The creation of reserve strips shall not be permitted adjacent to a proposed street in such a manner as to deny access from adjacent property to such street.
17. Subdivision Name. All subdivision names shall be approved by the County Auditor. The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the City.
18. Street Names. The proposed names of all new streets shall be shown on the preliminary plat and such names shall be sufficiently different in sound and in spelling from other street names in the City so as not to cause confusion. The City Council reserves the right to alter or change the proposed name of any street at any time prior to the approval of the final plat. All street names must be approved by the Development Director.
19. Street Regulatory Signs. At the time of final plat approval, the developer shall pay the City the total cost, including installation, for all street regulatory signs, including street name signs, required by the City Engineer along all streets and at all intersections within or abutting the subdivision.
20. RESERVED.
21. Entrances into Individual Lots. It shall be the financial responsibility of the developer to pay for the material and labor required to install individual driveway approaches, when so required. This expense may be borne by a subsequent lot owner at the time development of the lot takes place.
22. Monumentation. The surveyor shall cause to be placed permanent reference monuments in the subdivision as required in Chapter 355, Code of Iowa, as amended.
23. Self-Imposed Restrictions. The City Council, following the review and comment of the Commission, shall have the right to agree with the developer regarding the type and character of the development to be permitted within the subdivision, and may require that certain minimum regulations regarding this matter be incorporated in any protective covenants or deed restrictions. Such regulations shall be intended to protect the character and value of the surrounding development and shall also tend to secure the most appropriate character of development in the property to which is subdivided.
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