(A) Standard specifications adopted. The type of materials and construction for improvements within subdivisions shall be in accordance with the version of the Iowa Statewide Urban Design Standards and Specifications in effect at the time of construction. The Design and Specifications Manuals can be located at www.iowasudas.org.
(B) Improvements; compliance with standard plans; supervision of construction; inspection; cost of inspection.
(1) The public improvements, place or private drive improvements and private sanitary sewer system improvements required in all subdivisions shall be designed, constructed and inspected in accordance with this section, and with the Iowa Statewide Urban Design Standards and Specifications in effect at the time of construction or the newly approved standard drawings as stated in division (A) above.
(a) Construction, supervision, inspection and testing of improvements mentioned in division (B)(1) above shall all be performed under the direction of a licensed professional engineer at the expense of the subdivider.
(b) The inspecting agency shall submit daily reports to the City Engineer, on forms approved or furnished by him or her, certifying compliance of all construction performed with the Iowa Statewide Urban Design and Specifications.
(c) The subdivider must provide as-built plans to the City Engineer. The city shall pay the expenses of inspections, and the subdivider or property owner shall reimburse the city for the expenses within 60 days after the final bill therefore is submitted; payment shall be made to the City Treasurer. Interest charges, of the maximum allowed by law, will be levied on all unpaid balances after the 60-day time period has elapsed.
(2) (a) The private or quasi-public sewage treatment and disposal systems and water well systems required in any subdivision shall be designed and constructed in accordance with standard State or County Board of Health laws, rules and regulations.
(b) Construction, inspection and testing of improvements mentioned in division (B)(2)(a) above shall be performed under the direction of the county Board of Health.
(C) Improvement credit; procedure established. Upon the installation of improvements required by this chapter, which may provide benefits to other properties in the vicinity of the land to be subdivided, which cross or adjoin other properties and can be used by the properties, the subdivider and the city may, by contract, agree that upon the connection or use of the installations made by the subdivider by others, within a period of ten years following their installation, the new user or users shall pay to the city a fee in an amount agreed upon by the subdivider and the city, the amount of the fee to be credited to and paid to the subdivider.
(D) Monuments and markers.
(1) The subdivider shall provide monuments and markers placed so that the cap shall coincide exactly with the intersection or lines to be marked, and they shall be set so that the top of the monument or marker is level with the surface of the surrounding ground.
(2) Monuments shall be set:
(a) At the intersection of all lines forming angles in the boundary of the subdivision; and
(b) At every point of intersection of the outer boundary of the subdivision with an existing or created street, railroad or other right-of-way line.
(3) Markers shall be set:
(a) At the beginning and end of all curves along street property lines;
(b) At all points where lot lines intersect curves along street property lines;
(c) At all angles in property lines of lots; and
(d) At all other lot corners not established by a monument.
(4) Monuments shall be of concrete or stone, with a minimum diameter of six inches and a minimum of three feet long. Markers shall consist of iron pipes or iron or steel bars at least three feet long and not less than five-eighths inch in diameter. Both monuments and markers shall have a cap affixed to the top of the same that is capable of being detected by magnetic or electronic equipment and is made of a reasonably inert material, bearing an embossed or stencil-cut marking of the state registration number of the registered land surveyor that prepared the survey.
(5) Where any point requiring a monument or marker has been previously established by an existing monument or marker, the existence and accuracy of the same shall be confirmed by the registered land survey surveyor and properly shown and described on the final plat for use in lieu of setting a new monument or marker.
(E) Sewers and sewage disposal.
(1) The subdivider shall provide the subdivision with a complete public sanitary sewer system adjacent to each lot in his or her subdivision, which shall connect with a public sanitary sewer outlet.
(2) In areas where a public sanitary sewer outlet is not available, the subdivider shall provide a private sanitary sewer system adjacent to each lot in his or her subdivision and a private or quasi-public sewage treatment and disposal system to serve each lot.
(a) Maintenance and repair of private sanitary sewer systems constructed in accordance with the provisions of this chapter shall be the responsibility of the subdivider or a duly constituted homeowners’ association until a time as it is connected to a public sanitary sewer outlet. At the time of connection to a public sanitary sewer outlet, the private sanitary sewer system shall be dedicated to the city and become a public sanitary sewer system. The private or quasi-public sewage treatment disposal systems shall not be dedicated to or maintained by the city and shall remain the responsibility of the property owner, subdivider or duly constituted homeowners’ association to properly abandon in accordance with the applicable standard state of the State and County Board of Health laws, rules and regulations.
(b) Persons making connection to the private sanitary sewer system mentioned in this chapter shall pay all sewer connection fees and conform with all requirements of this code dealing with public sanitary sewer connections.
(c) Whenever a private sewage treatment and disposal system is to be provided on a lot or parcel, the subdivider shall require, as a condition of the sale of each lot or parcel in the subdivision, that the facilities referred to in this section shall be installed by the developer of the lot in accordance with these regulations.
(d) All private sanitary sewer systems shall be installed in accordance with these regulations prior to occupancy of the buildings connected to the systems.
(3) The option is available for the subdivider to use a temporary public lift station and force main in conjunction with a public sanitary sewer system to connect to a public sanitary sewer outlet if it can be established, to the satisfaction of the City Engineer, that both the existing and proposed sewerage systems are adequate and feasible through the engineering considerations of construction, maintenance and operation.
(4) Sanitary sewers whether part of a public or private system, shall be laid in an easement and located approximately seven and one-half feet inside the property line. Sewers shall be located on the east and south sides of the street, or the opposite side of the street from water mains, if already in place.
(5) The plans for the installation of either a public or private sanitary sewer system shall be prepared by the subdivider and approved by the City Engineer and the State Department of Water, Air and Waste and shall be filed with the City Engineer.
(F) Water.
(1) The subdivider shall provide the subdivision with a complete public water supply system in accordance with the franchise, as it existed or may exist, between the city and the Iowa American Water Company. When a public water supply is not available, the subdivider shall provide a private or quasi-public water well system on or to each lot in the subdivision.
(2) Water mains provided by a private enterprise shall be laid in an easement and located approximately seven and one-half feet inside the property line. Water mains shall be located on the west and north sides of the street, or the opposite side of the street from sanitary sewer lines, if already in place.
(3) Fire hydrants in residential areas shall not exceed a spacing of 400 feet. Fire hydrants should be installed at intersections of streets where possible. There shall be a minimum of one fire hydrant in a cul-de-sac. If two or more hydrants are required due to the length of the cul-de-sac or the fire flow requirements as required by the Fire Code, one shall be placed at the end of the cul-de-sac and one shall be placed near the entrance of the cul-de-sac. Any other required hydrants, if any, shall be evenly spaced between the two aforementioned hydrants.
(G) Storm drainage.
(1) The subdivider shall provide the subdivision with an adequate stormwater sewer system when the evidence available to the Commission and Council indicates that the natural surface drainage is inadequate.
(a) Storm sewers shall, if practicable, be placed in either parkway between the curb and water main or sanitary sewer main, or in an easement.
(b) Storm drainage easements shall be provided where necessary.
(c) No person shall place or allow to be placed an accumulation of material, including, but not limited to, wood, concrete, stone, brush, grass clippings or other debris that might block the flow of stormwater in a storm drainage easement or could reasonably be expected to be carried downstream by the stormwater to the detriment of either upstream or downstream property owners.
(2) The plans for the installation of a storm drainage system shall be prepared by the subdivider and approved by the City Engineer. Upon the completion of the storm sewer system, the plans for same, as built, shall be filed with the City Engineer.
(H) Curbs and gutters. Curbs and gutters shall be constructed by the subdivider on both sides of all streets; however, the requirements of curbs and gutters may be waived at the discretion of the Council.
(I) Sidewalks. The subdivider shall provide sidewalks on both sides of all streets, places and cul-de-sac in accordance with §§ 97.025 through 97.041. Notwithstanding the foregoing, a subdivider may submit a written request to the City Council for a temporary exemption from this requirement should the Council determines the placement of sidewalks to be premature or inconsistent with the city’s comprehensive plan.
(J) Street lights. The subdivider is responsible for providing street lighting, including the wiring in a subdivision. The street light standards shall conform with any design standards set forth in the Statewide Urban Design Standards and Specifications and/or any overlay and design requirements as required by the city.
(K) Utilities generally.
(1) All gas, water, electrical, cable television, telephone or communication service or the use or maintenance of any associated structure such as poles, tower, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances provided as new installations to any area subdivided for residential and commercial purposes shall be placed underground except those services and associated structures listed hereunder as exceptions. The aforementioned services and associated structures provided as new installations to any area subdivided for industrial purposes shall be placed underground within any portion of the subdivision lying within 100 feet of an undeveloped residentially zoned area, or within 100 feet of a residentially zoned and developed area that is already served by the underground services, except those services and associated structures listed hereunder as exceptions. The subdivider shall be responsible for making arrangements with the appropriate utility company(ies) for the proper installation of the underground services in accordance with the utility company’s rules and regulation.
(2) The following instances, with the conditions listed for each of them, may be considered exceptions to this division (K):
(a) Any of the aforementioned services which is considered by the utility company providing the service to be unfeasible in undergrounding due to inordinately high and unjustified cost, high voltage or topographic or soil conditions, can be provided overhead, upon approval by the City Council; and
(b) In the instance that a subdivision is developed adjacent to or abutting an existing development, and in a way as the new development would normally share the primary feeder lines that have already been installed, and when those feeder lines have been installed overhead, the new development can use those feeder lines which do exist, providing that the service lines to the structures in the new development are installed underground, and providing that all additional necessary feeders are installed underground or in accordance with the provisions of this section.
(3) The following specific facilities shall not be subject to the requirements of this section:
(a) When authorized by the City Council, poles and overhead lines and associated overhead structures crossing or entering any portion of a district from which overhead wires have been prohibited and originating in an area in which these structures are allowed;
(b) Overhead lines attached to the exterior of a building by means of bracket or similar device and extending from one location on the building to another location on the same building:
(c) Radio antenna and associated structures and equipment used for furnishing communications service;
(d) Service terminals and necessary pad mounted electric equipment installed aboveground used to distribute telephone, cable television, gas, water, communication and electric service in underground systems;
(e) Transmission lines carrying a voltage of 69,000 volts or above; and
(f) All underground electric distribution circuits installed by the utility company for the purpose of distributing electrical current within the city shall be installed in accordance with the safety rules for the installation and maintenance of electric supply and communications lines, Department of Commerce, and the National Bureau of Standards.
(L) Street improvements.
(1) Conformance required. Street improvements shall be made in accordance with the provisions of this division (L) after the approval of a final plat or prior to the approval if provided for in accordance with the provisions of the chapter. Place or private drive improvements shall be made in accordance with the provisions of this section and the improvements shall extend, as a minimum, from the street being constructed, re-constructed or repaired to the city right-of-way. Multi-family, shopping center, and industrial areas may have common vehicular use areas (accessways, service areas, driveways, loading areas, and parking spaces) if the parcel containing the vehicular use area is under one ownership. If the parcel has more than one owner or if the owners are adjacent to one another, agreements for cross easements and maintenance of vehicular use areas are required and must be provided at the time of final platting. The city will not maintain or repair vehicular use areas that are privately owned, even when the areas are generally available for public use.
(2) Public improvements generally.
(a) All public or private improvements, including, but not limited to, public and private sanitary sewers, storm sewers, streets, alleys and private drives or places, shall be constructed as set forth on the approved final subdivision plans and in accord with the city’s standard specifications and drawings for construction in effect at the time of construction, and shall further conform to the provisions of this section of this chapter.
(b) All platted rights of way which are not opened to traffic shall, prior to opening, follow the following procedure:
1. Council by resolution shall authorize the opening of the right-of-way;
2. Improvements necessary for public use shall be in place within a date certain as established in resolution authorizing the opening of the right-of-way; and
3. Improvement shall be constructed according to the standards as established in division (L)(2)(a) above.
(c) Before any public improvement may be accepted by City Council the subdivider shall provide a maintenance bond, or bonds from all the subdivider’s contractors, which will ensure the city that the improvements will be maintained in good and suitable condition for a period of two years after Council acceptance of the construction;
1. The term MAINTAIN or MAINTAINED shall be defined as pertaining to the repairs which shall become necessary because of defective or faulty workmanship or materials in the improvement completed by the subdivider and/or subdivider’s contractors;
2. The form and type of a maintenance bond shall be approved by the City Engineer. If the improvements are not maintained within the specified times, the Council may use the bond or bonds or any necessary portion thereof to maintain the improvements.
(3) Paving requirements by street classification. The general street, private drive and alley classifications with their respective minimum dimensions and characteristics shall be as follows:
(a) Arterial streets including major arterials and primary thoroughfares.
1. Width of pavement. Forty-nine feet, measured back of curb to back of curb.
2. Surfacing. Portland cement concrete paving. Asphalt cement concrete paving shall not be used.
3. Pavement thickness. Nine inches of portland cement concrete paving. The requirement may be increased where the City Engineer has determined that design analysis justifies additional thickness.
(b) Feeder streets, including secondary thoroughfares, collector streets and minor arterials.
1. Width of pavement. Thirty-seven feet, measured back of curb to back of curb.
2. Surfacing. Portland cement concrete paving. Asphalt cement concrete paving shall not be used.
3. Pavement thickness. Eight inches of portland cement concrete unless in a commercial or industrial district, in which case the thickness shall be increased to nine inches of portland cement concrete. If, in the determination of the City Engineer, a street near a commercial or industrial district could be reasonably expected to bear commercial or industrial traffic as a result of its proximity to that commercial or industrial district, its pavement thickness shall be increased to nine inches of portland cement concrete. The requirement in or near a commercial or industrial district may be reduced to eight inches of portland cement concrete where the City Engineer has determined that design analysis justifies less thickness.
(c) Residential streets, including border parkways, private drives and local commercial or industrial streets.
1. Width of pavement. Thirty-one feet, measured back of curb to back of curb, except as provided in § 158.04(G)(5) of this chapter. Cul-de-sac turnarounds shall have a paving radius of 40 feet, measured back of curb to center point of the turnaround.
2. Surfacing.
A. Portland cement concrete paving.
B. Asphalt cement concrete paving with portland cement concrete curb and gutter two and one-half feet wide and eight-inch thick apron. Asphalt cement concrete paving shall not be used in a commercial or industrial district. If, in the determination of the City Engineer, the street near a commercial or industrial district could be reasonably expected to bear commercial of industrial traffic as a result of its proximity to that commercial or industrial district, its surfacing shall not be asphalt cement concrete paving.
3. Pavement thickness.
a. Seven inches of portland cement concrete unless in a commercial or industrial district, in which case the thickness shall be increased to nine inches of portland cement concrete. If, in the determination of the City Engineer, a street near a commercial or industrial district could be reasonably expected to bear commercial or industrial traffic as a result of its proximity to that commercial or industrial district, its pavement thickness of portland cement concrete shall be increased to nine inches of portland cement concrete. The requirement in or near a commercial or industrial district may be reduced to seven inches of portland cement concrete where the City Engineer has determined that design analysis justifies less thickness.
b. Asphalt cement concrete base course thickness of six inches with an asphalt cement concrete surface course thickness of two inches.
(d) Alleys.
1. Width of pavement. Twenty feet.
2. Surfacing.
A. Portland cement concrete paving.
B. Asphalt cement concrete paving. Asphalt cement concrete paving shall not be used in a commercial or industrial district. If, in the determination of the City Engineer, an alley near a commercial or industrial district could be reasonably expected to bear commercial or industrial traffic as a result of its proximity to that commercial or industrial district, its surfacing shall not be asphalt cement concrete paving.
3. Pavement thickness.
A. Seven inches of portland cement concrete unless in a commercial or industrial district, in which case the thickness shall be increased to nine inches of portland cement concrete. If, in the determination of the City Engineer, an alley near a commercial district could be reasonably expected to bear commercial traffic as a result of its proximity to that commercial district, its pavement thickness of portland cement concrete shall be increased to nine inches of portland cement concrete. The requirement in or near a commercial district may be reduced to seven inches of portland cement concrete where the City Engineer has determined that design analysis justifies less thickness.
B. Asphalt cement concrete base course thickness of six inches with an asphalt cement concrete surface course thickness of two inches.
(4) Minimum pavement width and thickness costs to be paid by subdivider; when city will share costs.
(a) The subdivider shall provide the full width of pavement on all streets, private drives or alleys within the subdivision, or the cost equivalent thereof, in accordance with the minimum requirements as specified in this section. The subdivider on each side of a street, private drive or alley shall provide one-half the width of the pavement on all streets, private drives or alleys, both existing and proposed, immediately adjacent to the subdivision, or the cost equivalent thereof, in accordance with the minimum requirements as specified in this section. In the city’s sole option, the developer may be required to pay an amount equal to the cost of paving as provided by current assessment policy, which shall hold the funds until the adjacent street, private drive or alley is paved. All costs held pursuant to this section shall be the total cost required of any developer or subsequent purchaser of the development for paving. The cost of paving shall be determined by averaging three legitimate bids. If a side of a street, private drive or alley is zoned as a single-family residence district exclusively, and circumstances require the width of pavement for the street, private drive or alley to be in excess of 31 feet, the city shall pay for the extra width of pavement on one-half the width of pavement for the street, private drive or alley immediately adjacent to that single-family residence district, or the equivalent cost thereof, in accordance with the minimum requirements as specified in this section.
(b) The subdivider on each side of a street, private drive or alley shall provide the full pavement thickness on all streets, private drives or alleys in or immediately adjacent to the subdivision, or the equivalent cost thereof, in accordance with the minimum requirements as specified in this section. If a side of a street, private drive or alley is zoned as a residential district and circumstances require the pavement thickness for the street, private drive or alley to be in excess of seven inches of portland cement concrete or eight inches of asphalt cement concrete, the city shall pay for the extra pavement thickness on one-half the width of pavement for the street, private drive or alley immediately adjacent to that residential district, or the cost equivalent thereof, in accordance with the minimum requirements as specified in this section.
(c) All final plats approved by the Council after the effective date of division (L)(4)(a) above shall be subject to the requirements of that division. All final plats approved by the Council prior to the effective date of division (L)(4)(a) above shall be subject to the requirements of the section in effect prior to the effective date of that division. All final plats approved by the Council prior to or after the effective date of division (L)(4)(b) above shall be subject to the requirements of that division.
(d) Notwithstanding the above, when a property owner plats ground as required pursuant to § 158.03 of this code, and no property division into lots results from the platting, the Council shall not require compliance with division (L)(4)(a) above.
(e) Developers shall provide an approved drainable base material under the following typical local streets:
1. Seven-inch portland cement concrete or eight-inch asphaltic cement concrete paving;
2. Six-inch drainable base (without engineering fabric) with four-inch drainage tile along both sides in accordance with city specifications; and
3. Developers may choose to employ a parabolic crown or straight crown on local streets.
(Ord. 2389, passed 10-28-2008; Ord. 2536, passed 4-12-2016; Ord. 2556, passed 10-24-2017)