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Ely, Iowa Code of Ordinances
CODE OF ORDINANCES OF THE CITY OF ELY, IOWA
SUPPLEMENT RECORD
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 FISCAL MANAGEMENT
CHAPTER 8 URBAN RENEWAL
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK/ADMINISTRATOR
CHAPTER 19 CITY TREASURER
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 LIBRARY BOARD OF TRUSTEES
CHAPTER 22 PLANNING AND ZONING COMMISSION
CHAPTER 23 PARKS AND RECREATION COMMISSION
CHAPTER 30 POLICE DEPARTMENT
CHAPTER 35 FIRE PROTECTION
CHAPTER 36 HAZARDOUS SUBSTANCE SPILLS
CHAPTER 40 PUBLIC PEACE
CHAPTER 41 PUBLIC HEALTH AND SAFETY
CHAPTER 42 PUBLIC AND PRIVATE PROPERTY
CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION
CHAPTER 46 MINORS
CHAPTER 47 PARK REGULATIONS
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 JUNK AND JUNK VEHICLES
CHAPTER 52 MOWING OF PROPERTIES
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DANGEROUS AND VICIOUS ANIMALS
CHAPTER 57 URBAN CHICKENS
CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE
CHAPTER 61 TRAFFIC CONTROL DEVICES
CHAPTER 62 GENERAL TRAFFIC REGULATIONS
CHAPTER 63 SPEED REGULATIONS
CHAPTER 64 TURNING REGULATIONS
CHAPTER 65 STOP OR YIELD REQUIRED
CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS
CHAPTER 67 PEDESTRIANS
CHAPTER 68 ONE-WAY TRAFFIC
CHAPTER 69 PARKING REGULATIONS
CHAPTER 70 TRAFFIC CODE ENFORCEMENT PROCEDURES
CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES
CHAPTER 76 BICYCLE REGULATIONS
CHAPTER 77 GOLF CARTS
CHAPTER 78 SKATEBOARDS, SCOOTERS, ROLLER SKATES, AND ROLLER BLADES
CHAPTER 80 ABANDONED VEHICLES
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 WATER METERS
CHAPTER 92 WATER RATES
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 USE OF PUBLIC SEWERS
CHAPTER 98 ON-SITE WASTEWATER SYSTEMS
CHAPTER 99 SEWER SERVICE CHARGES
CHAPTER 100 STORM WATER MANAGEMENT
CHAPTER 105 SOLID WASTE CONTROL
CHAPTER 106 COLLECTION OF SOLID WASTE
CHAPTER 110 NATURAL GAS FRANCHISE
CHAPTER 111 ELECTRIC FRANCHISE
CHAPTER 112 ELECTRIC TRANSMISSION FRANCHISE
CHAPTER 113 CABLE TELEVISION REGULATIONS
CHAPTER 114 LINN COUNTY RURAL ELECTRIC COOPERATIVE ASSOCIATION ELECTRIC FRANCHISE
CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 121 CIGARETTE AND TOBACCO PERMITS
CHAPTER 122 PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
CHAPTER 123 HOUSE MOVERS
CHAPTER 124 ADULT-ORIENTED BUSINESS ESTABLISHMENTS
CHAPTER 135 STREET USE AND MAINTENANCE
CHAPTER 136 SIDEWALK REGULATIONS
CHAPTER 137 VACATION AND DISPOSAL OF STREETS
CHAPTER 138 STREET GRADES
CHAPTER 139 NAMING OF STREETS
CHAPTER 145 DANGEROUS BUILDINGS
CHAPTER 146 MANUFACTURED AND MOBILE HOMES
CHAPTER 147 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 148 ILLICIT DISCHARGE ORDINANCE
CHAPTER 150 BUILDING NUMBERING
CHAPTER 151 TREES
CHAPTER 155 BUILDING CODES
CHAPTER 156 ELECTRICAL CODE
CHAPTER 160 FLOOD PLAIN MANAGEMENT
CHAPTER 165 ZONING REGULATIONS
CHAPTER 170 SUBDIVISION CONTROL
170.01 SHORT TITLE.
170.02 PURPOSE.
170.03 POLICY.
170.04 APPLICATION AND JURISDICTION.
170.05 INTERPRETATION.
170.06 DURATION OF APPROVAL OF PRELIMINARY PLAT.
170.07 DEFINITIONS.
170.08 PROCEDURE.
170.09 PRE-SUBMISSION CONSULTATIONS.
170.10 REQUIREMENTS OF PRELIMINARY PLAT.
170.11 SUBMISSION OF PRELIMINARY PLAT.
170.12 REFERRAL OF PRELIMINARY PLAT.
170.13 REVIEW OF PRELIMINARY PLAT.
170.14 ACTION BY THE COMMISSION ON PRELIMINARY PLAT.
170.15 ACTION BY COUNCIL ON PRELIMINARY PLAT.
170.16 EFFECTIVE PERIOD OF TENTATIVE APPROVAL.
170.17 COMPLETION OF IMPROVEMENTS.
170.18 PERFORMANCE BOND.
170.19 FINAL PLAT.
170.20 REQUIREMENTS OF THE FINAL PLAT.
170.21 SUBMISSION OF FINAL PLAT.
170.22 REFERRAL OF FINAL PLAT.
170.23 ACTION BY COMMISSION ON FINAL PLAT.
170.24 ACTION BY COUNCIL ON FINAL PLAT.
170.25 RE-SUBDIVISION OF LAND.
170.26 COMPLETION OF IMPROVEMENTS.
170.27 PERFORMANCE BOND.
170.28 INSPECTION OF IMPROVEMENTS.
170.29 RELEASE OR REDUCTION OF PERFORMANCE BOND.
170.30 MAINTENANCE OF IMPROVEMENTS.
170.31 DEFERRAL OR WAIVER OF REQUIRED IMPROVEMENTS.
170.32 ISSUANCE OF CERTIFICATES OF OCCUPANCY.
170.33 IMPROVEMENTS REQUIRED.
170.34 DESIGN STANDARDS ARE MINIMUM.
170.35 CONFORMANCE TO APPLICABLE RULES AND REGULATIONS.
170.36 SUBDIVISION NAME.
170.37 MONUMENTS.
170.38 CHARACTER OF THE LAND.
170.39 LOTS.
170.40 BLOCKS.
170.41 STREETS; GENERAL REQUIREMENTS.
170.42 STREETS; DESIGN STANDARDS.
170.43 STORM SEWERS AND DRAINAGE.
170.44 WATER FACILITIES.
170.45 SEWAGE FACILITIES.
170.46 SIDEWALKS.
170.47 UTILITIES.
170.48 PRESERVATION OF NATURAL FEATURES AND AMENITIES.
170.49 NONRESIDENTIAL SUBDIVISIONS.
170.50 SCHOOL AND PARK RESERVATIONS.
170.51 IMPROVEMENTS WITHIN UNINCORPORATED JURISDICTION.
170.52 VARIATIONS AND EXCEPTIONS.
170.53 CHANGES AND AMENDMENTS.
170.54 ENFORCEMENT, VIOLATIONS AND PENALTIES.
CHAPTER 175 AIRPORT ZONING REGULATIONS
USE AND MAINTENANCE OF THE CODE OF ORDINANCES
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(Ord. 280 - Jun. 19 Supp.)
170.07   DEFINITIONS.
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.
170.08   PROCEDURE.
In obtaining final approval of a proposed subdivision by the Council, the subdivider shall submit a preliminary plat in accordance with the requirements of Section 170.10 of this chapter and install the required improvements or provide a performance bond.
170.09   PRE-SUBMISSION CONSULTATIONS.
Prior to the submission of the preliminary plat of any subdivision, the subdivider is encouraged to meet with the City Engineer and other City officials responsible for the administration of these regulations to be advised of the procedural steps, design standards required improvements, and platting requirements.  During such meetings, no commitments shall be made which will be binding upon the City.
170.10   REQUIREMENTS OF PRELIMINARY PLAT.
Every proposed subdivision shall be submitted for tentative approval in the form of a preliminary plat prior to the submission of a final record plat.  The purpose of  the preliminary plat and accompanying material is to provide all facts needed for the Commission and Council to  determine whether the proposed subdivision is satisfactory from the standpoint of the public interest.  The following graphic and descriptive material is required to be provided on the preliminary plat and in the accompanying material.
   1.   Contents of Preliminary Plat.  The preliminary plat shall be prepared by a registered engineer at a convenient scale of not more than one inch equals 100 feet, may be prepared in pen or pencil, and the sheets shall be numbered in sequence if more than one sheet is used.  The following information shall be shown on the preliminary plat:
      A.   Title, scale, north point and date.
      B.   Subdivision boundary lines, showing dimensions, bearings, angles, and references to section, townships and range lines or corners.  Exterior boundaries are to be indicated with a solid heavy line.
      C.   Present and proposed streets, alleys and sidewalks, with their rights-of-way, in or adjoining the subdivision, including dedicated widths, approximate gradients types and widths of surfaces curbs, and planting strips, and location of street lights, fire hydrants, and street signs.
      D.   Proposed layout of blocks and lots showing dimensions, radii, chords and the square foot areas of lots that are not rectangular and the lot and block number in numerical order.
      E.   Building setback or front yard lines.
      F.   Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semi-public or community purposes.
      G.   Present and proposed easements, showing locations, widths, purposes and limitations.
      H.   Location and names of adjoining parcels of un-subdivided and subdivided land.
      I.   Boundaries of the highest known flood of record affecting the subdivision and the source of information.
      J.   If the proposed subdivision borders on a lake or stream, the distances and bearings of meander line established not less than 20 feet back from the mean high water mark of the lake or stream.
      K.   Existing blocks, lots, and buildings.
      L.   Present and proposed utility systems including sanitary and storm sewers, other drainage facilities, water lines, gas mains, electric utilities, and other facilities, with the size, capacity, invert elevation and location of each.  If the subdivision is within one mile of public sewer or water or both, notation shall be made of the direction and distance to such facilities.
      M.   Proposed name of the subdivision.
      N.   Names and addresses of the owner, subdivider builder, and surveyor who prepared the preliminary plat, and the surveyor who will prepare the final plat.
      O.   Official legal description of the property being platted.
      P.   Contours at vertical intervals of not more than two feet if the general slope of the site is less than 10 percent and at vertical intervals of not more than five feet if the general slope is 10 percent or greater.
      Q.   Existing and proposed zoning of the proposed subdivision and adjoining property.
      R.   Location of all proposed monuments.
   2.   Information to Be Provided in Accompanying Material.  The following information shall accompany a plat when filing:
      A.   A complete listing of all existing covenants which apply to the land to be subdivided, and a complete listing of all covenants which are proposed by the developer to apply to the subdivided land.
      B.   A table of the following information:
         (1)   Total acreage of subdivision.
         (2)   Total number of lots.
         (3)   Minimum, average, and maximum lot area.
         (4)   Acreage of public lands to be dedicated or reserved other than streets.
      C.   An attorney’s opinion showing that the fee title to the property proposed for subdividing is in the owner's name as shown on the plat and showing any encumbrances that may exist against the land.
      D.   If any portion of the subdivision is to have access on a State or County jurisdictional street, a written and signed statement acknowledging and permitting the access by the duly authorized official of the appropriate jurisdiction.
      E.   Specifications and engineering construction drawings including profiles, cross-sections, and details of all public improvements.  Elevations shall be referred to mean sea level as exhibited in standard U.S. Geological Survey Maps.  Specifications and references shall meet those required by the City’s construction and specification standards, including a site grading plan for the entire subdivision.
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