CHAPTER 11
LAND SUBDIVISION
LAND SUBDIVISION
SECTION:
16-11-1: Purpose And Intent
16-11-2: Applicability
16-11-3: Recording Of Subdivision Plats
16-11-4: Exception Of Specific Subdivision Requirements
16-11-5: Application Fee For Subdivision Plat Review Required
16-11-6: Subdivisions Classified
16-11-7: Application Requirements And Review Process
16-11-8: Subdivision Design Standards
16-11-9: Recreational Open Space
16-11-9-1: Computation Of Recreational Open Space Required
16-11-9-2: Responsibility For Site Preparation
16-11-9-3: Ownership And Management
16-11-10: Sustainable Subdivision Development Tools
16-11-11: Conservation Subdivision
16-11-11-1: Conservation Subdivision Design Criteria
16-11-11-2: Conservation Subdivision Development Bonus
16-11-12: Solar Subdivision
16-11-13: Cottage Design Subdivision
16-11-14: Blocks And Lots
16-11-15: Streets
16-11-16: Sidewalks
16-11-17: Bikeways
16-11-18: Utility Location
16-11-19: Street Trees
16-11-20: Water Supply
16-11-21: Sanitary Sewer
16-11-22: Stormwater, Grading And Erosion Control
16-11-23: Obligation To Install Improvements
16-11-24: Improvement Guarantees
A. The purpose of these regulations is to protect the public health, safety and general welfare. These regulations are intended to facilitate and to coordinate the subdivision of land within the city; to establish a consistent policy for plats submitted to the zoning advisory commission and the city council; and to enable the commission and city council to ascertain whether such plats conform to the applicable statutes and ordinances.
B. The intent of these regulations is as follows:
1. To guide the future growth and development of the community consistent with the city of Dubuque's adopted comprehensive plan.
2. To help identify those areas appropriate for development and those areas appropriate for conservation.
3. To preserve open space and environmentally sensitive areas such as wildlife habitat, riparian/wetland areas, by concentrating development, where feasible.
4. To provide open space areas for passive and/or active recreational use.
5. To provide for a diversity of lot sizes, housing choices and building densities.
6. To provide buffering between residential development and nonresidential uses.
7. To protect environmentally sensitive areas and biological diversity, preserve existing trees, and maintain environmental corridors.
8. To preserve significant archaeological sites, historic buildings and their settings. (Ord. 52-09, 10-19-2009)
A. Land Divided Within City Limits Or Within Two Miles Of The City Limits: These regulations shall apply to all land to be divided which is within the limits of the city or within two (2) miles of the limits of the city as provided in Iowa Code section 354.9.
B. Plats Vacating Public Right Of Way: These regulations shall not apply to plats vacating public right of way or disposal of excess right of way per Iowa Code section 306.23. (Ord. 52-09, 10-19-2009; amd. Ord. 7-11, 1-18-2011; Ord. 32-14, 4-21-2014; Ord. 11-21, 4-19-2021)
No person shall subdivide any tract of land to which this chapter applies without recording a plat thereof in the office of the county recorder, which plat shall first have been prepared and approved in conformity with the provisions of this chapter and of state law. (Ord. 52-09, 10-19-2009)
The zoning advisory commission and city council, when acting upon an application for preliminary or final subdivision approval, shall have the power to grant such exceptions from the requirements of this chapter for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact an undue hardship because of peculiar conditions pertaining to the land in question. (Ord. 52-09, 10-19-2009)
A. Plats: Plats vacating public right of way.
B. Simple Division: Any subdivision or consolidation of property in which no new streets, public or private, are proposed, which does not require the construction of any public improvements, and which creates fewer than three (3) lots.
C. Minor Subdivision: Any subdivision or consolidation of property in which no new streets, public or private, are proposed and which does not require the construction of any public improvements and which creates three (3) or more lots.
D. Major Subdivision: Any subdivision or consolidation of property which is not a simple subdivision or a minor subdivision and requires the construction of any public improvements. (Ord. 52-09, 10-19-2009)
A. General Information:
1. All applications for land subdivision approval shall be prepared to show all information currently required by the city, a list of which shall be available from the planning services department.
2. Preliminary grading, not to include the removal of excavated material from the site, may be permitted only after a grading and erosion control plan has been submitted, reviewed and approved by the city engineer and the city planner.
3. Final grading and utility construction in accordance with the city standards and this title, and/or the removal of excavated material from the site, may be permitted with the written approval of the city manager, provided that the owner first waives, in writing, any claims against the city which may result from the denial of or changes required for approval of the final plat and/or improvement plans.
4. Prior to commencing any grading or construction of improvements, the owner shall also obtain any state or federal permits which may be required.
B. Simple Divisions And Plats Vacating Public Right Of Way:
1. Simple divisions that are determined to be in compliance with this title and plats vacating public right of way shall be reviewed and approved by the city planner.
2. The city planner may set conditions to ensure that the simple division meets the requirements of all applicable city codes.
3. Simple divisions that require a waiver of bulk regulations shall be submitted to the zoning advisory commission and city council for approval.
4. No plats for simple divisions shall be recorded unless the city has approved the plat.
C. Minor Subdivisions:
1. A preapplication conference shall be encouraged, but not required for a minor subdivision.
2. A preliminary plat is not required for a minor subdivision. The zoning advisory commission may require any additional information necessary to adequately review the plat.
3. The owner shall submit six (6) copies of the final plat to the planning services department. The final plat must show all information required by the city.
4. The zoning advisory commission shall review final plats to determine whether said plat is in substantial conformance with this title and the comprehensive plan. If the commission finds that the plat conforms to all applicable city and state codes, and the comprehensive plan, the commission shall approve the plat. The commission shall submit its findings regarding the final plats to the city council, who must act within sixty (60) days of the filing of the final plat with the planning services department.
5. If the zoning advisory commission fails to recommend approval of the final plat, or approves it with conditions, the commission shall transmit its findings, required conditions and/or reasons for its denial to the owner and city council.
6. The city council shall review final plats to determine conformance to this title, state law, and the comprehensive plan. If the plat conforms, the city council shall approve the plat and shall cause its approval to be entered on the plat. The city council may require as a condition of approval of the plat that the owner comply with such other reasonable requirements as the city council may deem necessary for the protection of the public interest.
D. Major Subdivisions:
1. A preapplication conference shall be required for all major subdivisions.
2. An approved preliminary plat shall be required for a major subdivision. After the preapplication conference, the owner shall submit six (6) copies of the preliminary plat as required by the city planner. The preliminary plat must show all information required by the city. The preliminary plat shall be reviewed by the zoning advisory commission only except when a preliminary plat is submitted that includes a private street, in which case both the zoning advisory commission and the city council shall review and approve the submitted preliminary plat. In a case where the zoning advisory commission votes to deny a preliminary plat, the city council shall have the discretion to review the preliminary plat and override the commission's denial. The review shall be to determine compliance with all relevant sections of this title and the comprehensive plan. Approval granted by the commission shall remain in effect for a period of two (2) years. Within this two (2) year time frame, a final plat must be filed with the planning services department. The zoning advisory commission shall have the authority to grant a maximum of one 2-year extension, provided the preliminary plat is still in compliance with all current city codes and ordinances.
3. The owner shall submit six (6) copies of the improvement plans to the planning services department. The improvement plans shall include all information required by the city. Any application for approval of improvement plans that does not contain all required information, including a draft copy of the final plat, shall not be accepted by the city planner. The city engineer shall review all improvement plans to determine whether the plans are in substantial conformance to all applicable city standards.
4. The owner shall submit six (6) copies of the final plat to the city planner. The final plat must show all information required by the city. Any application for final plat approval that does not contain all required information, including improvement plans approved by the city engineer, shall not be accepted by the city planner. The city planner shall review final plats to determine whether or not said plat is in material conformance to the preliminary plat for the property, this title and the comprehensive plan. The city planner shall submit findings and recommendations on the final plat to the city council. The city council shall act within sixty (60) days of the acceptance of a complete final plat application by the city planner.
5. Preliminary plats shall include the entire proposed subdivision when fully built, and shall also indicate the presence of all contiguous property under common ownership, in order to allow the city to plan for the future extension of streets and utilities. Proposed street names for public or private streets shall be labeled on the submitted preliminary plat.
6. The city council shall review final plats to determine conformance to this title, state law, and the comprehensive plan. If the plat conforms, the city council shall approve the plat and shall cause its approval to be entered on the plat. The city council may require as a condition of approval of the plat that the owner of the land bring all streets to a grade acceptable to the city council, and comply with such other reasonable requirements in regard to installation of public utilities or other improvements as the city council may deem requisite for the protection of the public interest.
7. Preliminary and final plats shall not be concurrently reviewed or considered for approval.
E. Fringe Area Development Standards:
1. Fringe Area Subdivision Requirements:
a. All subdivisions must comply with this Chapter.
b. Each subdivision will be required to provide sufficient easements for the extension of city water and sanitary sewer utility systems to serve each individual lot within the subdivision.
c. Each major subdivision shall comply with the city of Dubuque sustainability requirements for new subdivisions, including obtaining score of forty (40) points as established in this chapter.
d. New streets that access city or county roadways must comply with SUDAS for sight visibility as determined by the city engineer.
e. To facilitate planned and orderly growth, developers of major subdivisions must provide a preliminary plat for the entire area anticipated to be developed as part of the subdivision.
f. Subdivisions and developments which are approved prior to annexation shall provide a mechanism for transfer of public right of way (ROW) ownership for county roads to the city upon annexation.
g. Private roads and streets in subdivisions and developments that are not under the county's ownership prior to annexation shall remain as private roads and streets upon annexation to the city, unless and until such time as they are brought into compliance with city standards and accepted by the city as public streets.
h. Developers shall be required to utilize stormwater management and erosion control measures, and stormwater retention/detention facilities where appropriate in accordance with applicable federal, state, county, and city laws, regulations and policies.
2. Exception Of Specific Subdivision Requirements: The zoning advisory commission and city council, when acting upon an application for preliminary or final subdivision approval, has the power to grant such exceptions from the requirements of this chapter for subdivision approval as may be reasonable and within the general purpose and intent of the provision for subdivision review and approval of this chapter, if enforcement of one or more provisions of this chapter are impracticable or will exact an undue hardship because of unique conditions pertaining to the land in question. (Ord. 52-09, 10-19-2009; amd. Ord. 26-13, 5-20-2013; Ord. 31-14, 4-21-2014; Ord. 32-22, 9-19-2022)
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