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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.)
For use in this chapter certain terms or words used herein shall be interpreted or defined as follows:
1. “Alley” means a public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
2. “Applicant” means the owner of land to be subdivided or said owner’s representative.
3. “Block” means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or corporate boundaries.
4. “Bond” means any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the Council.
5. “Building” means any structure built for support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind and includes any structure.
6. “Central water system” means a private water system and it includes water treatment distribution facilities established by the developer to serve a new subdivision or re-subdivision.
7. “Central sewage system” means a private sewer system including collection and treatment facilities established by the developer to serve a new subdivision or re-subdivision.
8. “City Engineer” means the person designated by the Council to furnish engineering assistance for the administration of these regulations.
9. “Commission” means the Planning and Zoning Commission of Ely, Iowa.
10. “Cul-de-sac” means a municipal service street with only one outlet and having an appropriate terminal for safe and convenient reversal of traffic movement.
11. “Developer” means the owner of land proposed to be subdivided or said owner’s representative.
12. “Easement” means an authorization by a property owner for the use by another, and for a specified purpose, of any designated part of said owner’s property.
13. “Frontage” means that portion of a lot abutting on a street or way and complying with the setback and front yard requirements as they may exist, but it shall not be considered as the side of a corner lot.
14. “Individual sewage disposal system” means a septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.
15. “Local board of health” means a County, City, or district board of health.
16. “Lot” means a portion of a subdivision or other parcel of land intended for the purpose, whether immediate or future, of transfer of ownership or for building development.
17. “Municipal arterial streets” means those streets which connect principal traffic generating areas or connect such areas with other street systems.
18. “Municipal collector streets” means those streets that collect traffic from municipal service streets and connect to other street systems.
19. “Municipal service street” means those streets that primarily provide access to property.
20. “Owner” means any person, firm, corporation, or any legal entity having legal title to or sufficient proprietary interest in the land to be sought to be subdivided under these regulations.
21. “Plat” means a map, drawing, or chart on which the developer’s plan of the subdivision of land is presented and which he submits for approval and intends in final form, to record.
22. “Public improvement” means any drainage ditch, roadway, parkway, sidewalk, pedestrian crosswalk, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
23. “Right-of-way” means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. The usage of the term “right-of-way” for land platting purposes means that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
24. “Roadway” means that portion of the street available for vehicular traffic, and where curbs are laid, the portion from back to back of curbs.
25. “Street” means and includes any public way, highway, street, avenue, boulevard, parkway, or other public thoroughfare, and each of such words includes every other of them, and includes the entire width between property lines.
26. “Subdivider” means a person, firm, or corporation undertaking the subdivision or re-subdivision of a tract or parcel of land.
27. “Subdivision” means the division of land into three or more lots or other division of land for the purpose, whether immediate or future, of transfer of ownership or building development. The term, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided, or, the re-subdivision of land heretofore divided or platted into lots or other divisions of land, or, if a new street is involved, any division of land.
28. “Surveyor” means a land surveyor licensed and registered under the provisions of Chapter 542B of the Code of Iowa.
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