Skip to code content (skip section selection)
Compare to:
Ely Overview
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
Loading...
170.19   FINAL PLAT.
The final plat shall conform substantially to the preliminary plat as approved, and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time, provided however, that such portion conforms to all requirements of these regulations.
170.20   REQUIREMENTS OF THE FINAL PLAT.
The following graphic and descriptive material is required to be provided on the final plat and in the accompanying material.
   1.   Contents of the Final Plats.  Every plat of a subdivision offered for record shall conform to all of the following provisions where applicable:
      A.   The plat shall be a permanent copy or a photographic print made on a stable plastic film.  Exact copies of the plat to be recorded shall be provided to and filed by the County Recorder, Assessor and Auditor.  The original plat drawing shall remain the property of the registered land surveyor.
      B.   The size of each sheet showing any portion of the subdivided lands shall not be greater than 18 inches by 24 inches or less than eight and one-half inches by 11 inches.
      C.   Whenever more than one sheet is used to accurately portray the lands subdivided, each sheet shall display both the number of the sheet and the total number of sheets included in the plat, as well as clearly labeled match lines indicating where the other sheets adjoin.  An index sheet shall be provided to show the relationship between the sheets.
      D.   A maximum scale of 100 feet to one inch shall be used.  The scale used shall be clearly stated and graphically illustrated by a bar scale drawn on every sheet showing any portion of the lands subdivided.
      E.   Subdivisions shall be designated, by name or as otherwise prescribed, in bold letters inside  the margin at the top of each sheet included in the plat.
      F.   An arrow indicating the northern direction shall be drawn in a prominent place on each sheet included in the plat, as well as the scale and date.
      G.   All monuments to be of record shall be adequately described and clearly identified on the plat.  When additional monuments are to be established subsequent to the recording of the plat, the location of the additional monuments shall be shown on the plat.
      H.   Sufficient survey data shall be shown to positively describe the bounds of every lot, block, street, easement, or other areas shown on the plat, as well as the outer boundaries of the subdivided lands.
      I.   All distances shall be shown in feet to the nearest one-hundredth of a foot, and in accordance with the definition of a foot adopted by the United States Bureau of Standards.  All measurements shall refer to the horizontal plane.
      J.   The course of every boundary line shown on the plat shall be indicated by a direct bearing reference or by an angle between the boundary line and an intersecting line having a shown bearing, except when the boundary line has an irregular or constantly changing course, as along a body of water, or when a description of the boundary line is better achieved by measurements  shown  at points or intervals along a meander line having a shown course.  All bearings and angles shown shall be given to at least the nearest minute of arc.
      K.   Curve data shall be stated in terms of radius, central angle, and tangent, or length of curve.  In all cases, the curve data must be shown for the line affected.
      L.   The minimum unadjusted acceptable error of closure for all subdivision boundaries shall be 1:10,000 and shall be 1:5,000 for any individual lot.
      M.   When any lot or portion of the subdivision is bounded by an irregular line, the major portion of that lot or subdivision shall be enclosed by a meander line showing complete data with distances along all lines extending beyond the enclosure to the irregular boundary shown with as much certainty as can be determined or as “more or less,” if variable.  In all cases, the true boundary shall be clearly indicated on the plat.
      N.   All interior excepted parcels shall be clearly indicated and labeled “not a part of this plat””
      O.   All adjoining properties shall be identified, and where such adjoining properties are a part of  a recorded subdivision, the name of that subdivision shall be shown.  If the subdivision platted is a re-subdivision of a part or the whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made.  Re-subdivisions shall be labeled as such in a subtitle following the name of the subdivision wherever the name appears on the plat.
      P.   The purpose of any easement shown on the plat shall be clearly stated and shall be confined to only those easements pertaining to public utilities including gas, power, telephone, water, sewer, and such drainage easements as are deemed necessary for the orderly development of the land encompassed within the plat.
      Q.   A strip of land shall not be reserved by the subdivider unless the land is of sufficient size and shape to be of some practical use or service as determined by the Council.
      R.   The purpose of all areas dedicated to the public must be clearly indicated on the plat.
      S.   The plat shall contain a statement by a registered land surveyor that the plat was prepared by the surveyor or under the surveyor’s direct personal supervision and shall be signed and dated by the surveyor and bear the surveyor’s Iowa registration number or seal.
      T.   Street names and clear designation of public alleys.
      U.   Block and lot numbers.
      V.   Name and address of owner and subdivider.
      W.   Accurate dimensions for any property to be dedicated or reserved for public use.
      X.   The plat shall be signed and acknowledged by the subdivision land owner and his or her spouse.
      Y.   A sealed certification of the accuracy of the plat by the registered land surveyor who drew the plat.
   2.   Information to Be Provided in Accompanying Material.  The following material shall be submitted with the final plat:
      A.   A correct legal description of the subdivision land.
      B.   A statement by the proprietors and their spouses, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an officer authorized to take the acknowledgments of deeds.  The statement by the proprietors may also include a dedication to the public of all lands within the plat that are designated for streets, alleys, parks, open areas, school property, or other public use, if the dedication is approved by the Council.
      C.   A statement from the mortgage holders or lienholders, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an officer authorized to take the acknowledgment of deeds.  An affidavit and bond as provided for in Section 354.12 of the Code of Iowa may be recorded in lieu of the consent of the mortgage or lienholder.  When a mortgage or lienholder consents to the subdivision, a release of mortgage or lien shall be recorded for any areas conveyed to the City or dedicated to the public.
      D.   An opinion by an attorney-at-law who has examined the abstract of title of the land being platted.  The opinion shall state the names of the proprietors and holders of mortgages, liens or other encumbrances on the land being platted and shall note the encumbrances, along with any bonds securing the encumbrances.  Utility easements shall not be construed to be encumbrances for the purpose of this section.
      E.   A certificate of the County Treasurer that the land is free from certified taxes and certified special assessments or that the land is free from certified taxes and that the certified special assessments are secured by bond in compliance with Section 354.12 of the Code of Iowa.
      F.   A resolution and certificate for approval by the Council and for signatures of the Mayor and Clerk.
      G.   A statement by the Auditor approving the name or title on the subdivision plat.
      H.   A certificate by the City Engineer that all required improvements and installations have been completed according to the construction plans submitted with the preliminary plat, or that a performance bond guaranteeing completion has been approved by the City Attorney and filed with the Clerk, or that the Council has agreed that the City will provide the necessary improvements and installations and assess the costs against the subdivider or future property owners in the subdivision.
      I.   The encumbrance bond, if any.
170.21   SUBMISSION OF FINAL PLAT.
The subdivider shall prepare a final plat in accordance with the provisions of Section 170.20 and shall file with the Clerk an application in triplicate for the final approval of the plat.  The application shall:
   1.   Forms and Fees.  Be made on forms available from the Clerk together with a fee of $10.00 per lot, only if there have been any changes made on the preliminary plat.
   2.   Number of Copies of Plat.  Be accompanied by a minimum of 10 copies of the final plat.
   3.   Offers of Dedication.  Be accompanied by all formal irrevocable offers of dedication to the public of all streets, city uses, utilities and easements, in a form approved by the City Attorney.
   4.   Time of Submission.  Be presented to the Clerk at least four weeks prior to the regular meeting of the Commission.
170.22   REFERRAL OF FINAL PLAT.
The Clerk shall immediately refer one copy of the final plat to Registered Engineer, seven copies to the Commission, and retain one copy in the City office.  In the case of a subdivision outside the corporate limits of the City, the Clerk shall refer one copy of the final plat to the County Board of Supervisors.
170.23   ACTION BY COMMISSION ON FINAL PLAT.
The Commission shall, upon receiving the final plat, as soon as possible, but not more than 30 days thereafter, consider the final plat, and if the same is recommended for approval, shall submit its recommendation of approval to the Council, together with a certified copy of its resolution showing the action of the Commission.  If the Commission recommends approval of the final plat, such approval and the date thereof shall be noted on the plat over the signature of both the Chairman and Secretary of the Commission and the plat and five copies shall be transmitted to the Council, and one copy shall be returned to the subdivider.
170.24   ACTION BY COUNCIL ON FINAL PLAT.
Upon receipt of the certification by the Commission, the Council shall, within 60 days, either approve or disapprove the final plat.
   1.   Disapproval of Plat.  In the event that said plat is disapproved by the Council, such disapproval shall  be expressed in writing and shall point out wherein said proposed plat is objectionable.
   2.   Acceptance of Plat.  In the event that said plat is found to be acceptable and in accordance with these regulations, the Council shall accept same.
   3.   Final Approval and Recording of Plat.  The passage of a resolution by the Council accepting the plat shall constitute final approval of the platting of the area shown on the final plat, but the subdivider or owner shall cause such plat to be recorded in the office of the County Recorder of the county where the land to be subdivided is located, and shall file satisfactory evidence of such recording in the office of the Clerk before the City shall recognize the plat as being in full force and effect.
170.25   RE-SUBDIVISION OF LAND.
The following requirements shall govern the re-subdividing of land.
   1.   Procedure for Re-Subdividing.  For any change in a map of an approved or recorded subdivision plat, if such change affects any street layout shown on such map, or area reserved for public use indicated on the map, or any lot line, or if it affects any map or plan legally established prior to the adoption of any regulations controlling subdivisions, such parcel shall be approved by the same procedure, rules, and regulations as for a subdivision.
   2.   Acreage Lots.  Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots containing more than one acre of land and there are indications that such lots will eventually be re-subdivided into smaller building sites, the Commission and Council may require that such parcel of land allow for future opening of streets and the ultimate extension of adjacent streets.  Easements providing for the future opening and extension of such streets may be made a requirement of the plat.
Loading...