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The purpose of these regulations is to establish minimum standards for the design, development, and improvement of all new subdivisions and re-subdivisions so that existing developments will be protected and so that adequate provisions are made for public services and to promote the health, safety and general welfare.
(Code of Iowa, Sec. 354)
It is hereby declared to be the policy of the City to consider the subdivision of land and the subsequent development of the subdivided land as subject to the control of the City to provide for the orderly, efficient and economical development of the City. And further:
1. Character of Land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.
2. Regulations to Supplement and Facilitate. It is intended that these subdivision regulations shall supplement and facilitate the enforcement of provisions and standards, ordinances or regulations of the City.
Every owner or agent of any tract or parcel of land lying within the City or, pursuant to Section 354.9 of the Code of Iowa, within two miles of the corporate limits of the City, who has subdivided or shall hereafter subdivide the same into three or more parts for the purpose of laying out an addition, subdivision, building lot or lots, or acreage lots shall cause plats of such area to be made in the form, and containing the information as hereafter set forth, before selling any lots therein contained or placing the plat on record.
In their interpretation or application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. Specifically:
1. Relationship to Other Public Provisions. These regulations are not intended to interfere with, or abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. Where any provision of these regulations imposes a restriction different from those imposed by any other provision of these regulations or any other ordinance, rule, or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
2. Relationship to Private Provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern.
The approval of the preliminary application by the City Council does not create legally buildable lots or entitle the owner to building permits, but it is an authorization to proceed with preparation of construction plans, a developer's agreement, permit applications leading to construction of improvements, and ultimately the preparation of a final plat. Approval of the preliminary application shall be effective for a period of 24 months, after which time approval of the plat is null and void unless extensions or reinstatements are approved by the Council or final plats are recorded as follows:
1. Upon written request of the subdivider, the City Council by resolution may grant up to an 18 months extension of time. Consideration of granting an extension or reinstatement may include but is not limited to the following criteria: considerations related to changes in surrounding properties; changes in infrastructure needs; changes in code requirements; or other factors related to whether the subdivision as approved remains appropriate and in the best interests of the City; or
2. Final plats of all or parts of the preliminary plat are recorded prior to the expiration of the preliminary plat. Any time a final plat is recorded, the preliminary plat approval shall be automatically extended for a new period of 18 months from the date Council approved the recorded final plat.
(Ord. 280 - Jun. 19 Supp.)
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