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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)
A. Subdivision Design:
1. Design of the subdivision shall be in conformance with this title, the comprehensive plan, and all applicable city standards.
2. To the maximum extent practicable, the subdivision shall be designed to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impacts and alteration of the natural features.
3. The subdivision shall be laid out to avoid adversely affecting groundwater and aquifer recharge; to reduce cut and fill; to avoid unnecessary impermeable cover; to prevent flooding; to provide adequate access to lots and sites; and to mitigate adverse effects of shadow, noise, odor, traffic, drainage, and utilities on neighboring properties.
4. The subdivision shall be laid out to create lots which provide sufficient area for development outside utility easements. No buildings, fill, or grading shall occur within the utility easements without approval of the city engineer.
5. No more than forty (40) platted lots shall be allowed in any phase, combination of phases, or contiguous subdivisions having only one exit.
6. All streets, sidewalks, and bike/hike trails shall connect to other streets, sidewalks and bike/hike trails within the subdivision, and to the property lines, to provide for their extension to adjacent properties. Each subdivision shall connect to the existing and planned street network of the city to ensure connectivity between properties, distribution of traffic, and access for public and emergency services.
B. Extension of Public Improvements:
1. Definitions: For purposes of this Chapter, the following terms have the following meanings:
Development: Any change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations for which necessary permits may be required.
Fiberoptic network conduit: A pipe, vault, or duct used to enclose fiberoptic cable facilities buried alongside a roadway or surface mounted on a bridge, overpass, or other facility where placement below ground is impossible or impractical. "Fiberoptic network conduit" does not include electronics or cable.
Public Improvement: Streets, sanitary sewers, water mains, streetlights, sidewalks, bike/hike trails, and fiberoptic network conduit.
2. Requirement of Developer: For all subdivision or site plan developments, the developer shall extend all public improvements within and through the subdivision or site development, and to the property lines, to provide for their extension to adjacent properties.
Public improvements shall be designed and installed in accordance with the current city standards and specifications and within the time frame specified in the resolution approving the final plat or improvement plan. The developer shall pay the total cost of engineering and construction of extensions of such public improvements.
Plans for such extensions must be approved by the city engineer. The city engineer may grant a waiver of the extension requirements on such terms and conditions as the city engineer determines appropriate.
3. Water Mains:
a. Water mains must be sized to meet requirements for domestic plus fire flow water demands and in accordance with city. The city may require the design and construction of water mains with the ability to service lands other than the immediately adjoining land and may require installation of water mains sized larger than the minimum required to provide domestic and fire flow needs for the development. In this circumstance, the city will consider reimbursing the developer for the incremental difference in material cost above that of the cost for water main materials needed to provide domestic and fire flow needs subject to the availability of funds as determined by the city. The city will not reimburse the developer for water mains above 8-inch if larger diameter water main is needed to provide domestic plus fire flow water demands in the development.
b. Only mains sized larger than an 8-inch main may be considered eligible for reimbursement purposes. The reimbursement will be based on the difference in pipe and fitting costs only, and no allowance will be made for the difference in installation costs. The developer must provide the city engineer with a current pipe supplier price list for the water main pipe and appurtenances needed to serve the development and the price for the increased pipe size and appurtenances. The city engineer will calculate the reimbursement amount and will document the reimbursement amount in an agreement between the city and the developer.
c. In areas where water main may be extended by a developer past properties owned by others outside of the final plat so as to serve the area of the final plat, such extension shall be at no expense to the city. The city shall not be obligated to collect any portion of this cost for reimbursement to the developer.
4. Sanitary Sewers:
a. All sanitary sewers mains must be a minimum of 8-inch diameter pipe.
b. The sanitary sewer extension must be sized by the developer and approved by the city engineer to serve the development and the development of upstream sewershed property that may be served by the sewer extension.
c. When the upstream sewershed property would require the developer to increase the pipe diameter, the city will consider reimbursing the developer for the incremental cost difference in sanitary sewer pipe above the cost for sanitary sewer pipe needed to provide service for the development, as determined by the city engineer and subject to the availability of funds as determined the city. The reimbursement will be based on the difference in sanitary sewer pipe costs only and no allowance will be made for the difference in installation costs.
d. The city will not reimburse developers for any increase in sanitary sewer pipe diameter beyond 8-inch diameter if the increase in size is a direct result of the development needs.
5. The developer must provide the city engineer with a current pipe supplier price list for the sanitary sewer pipe needed to serve the development and the price for the increased sanitary sewer pipe size. The city engineer will calculate the reimbursement amount and will document the reimbursement amount in an agreement between the city and the developer.
6. When a developer is installing a sanitary sewer lift station to serve the development, the developer is responsible for proper capacity sizing of the lift station and force main to serve the development to accept flow from upstream sewershed properties.
7. When the upstream sewershed properties would require the developer to increase the sanitary sewer lift station capacity, the city will consider reimbursing the developer for the incremental cost difference in sanitary sewer lift station capacity above the cost for the sanitary sewer lift station needed to provide capacity for the development, as determined by the city engineer and subject to the availability of funds as determined by the city. The reimbursement will be based on the difference in sanitary sewer lift station costs only and no allowance will be made for the difference in installation costs.
8. The developer must provide the city engineer with a current supplier price list for the sanitary sewer lift station and force main needed to serve the development and a separate price list for the components needed for the increased lift station capacity. The city engineer will calculate the reimbursement amount and will document the reimbursement amount in an agreement between the city and the developer.
C. Corners To Be Marked: Every corner of each lot shall be marked by a land surveyor licensed in the state of Iowa.
D. Open Space: In subdividing property, consideration shall be given to the dedication of suitable sites for parks, playgrounds, schools and other open space areas, so as to conform, as nearly as possible, to the comprehensive plan and the needs of the city and the adjacent area. Such provision may be indicated on the preliminary and final plats for consideration by the commission and city council when, whether, and in what manner such sites will be dedicated to the public. (Ord. 52-09, 10-19-2009; amd. Ord. 2-23, 1-17-2023)
A. The suggested amount of recreational open space in a proposed development generally should be five hundred (500) square feet per proposed detached single-family home and three hundred (300) square feet per proposed multi-family unit. The multi-family dwelling unit rate applies to any residential dwelling unit other than detached single-family dwellings. When a plat is requested for mixed land uses, this subsection shall apply only to those areas of the plat devoted to residential uses.
B. The recreational open space may include waterways, detention/retention areas, and ponds provided that those areas do not constitute more than fifty percent (50%) of the amount of recreational open space required in subsection A of this section.
C. Where the proposed subdivision abuts undeveloped lands, the recreational open space land may be located adjacent to the subdivision boundaries with the undeveloped land, at the discretion of the city council, to allow the recreational open space to be increased in size when the adjacent property develops. (Ord. 52-09, 10-19-2009)
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