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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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170.44   WATER FACILITIES.
Water facilities shall be provided as follows:
   1.   General Requirements.  The following general requirements shall apply to the provision of water facilities:
      A.   Where a public water main is accessible the subdivider shall install adequate water facilities, including fire hydrants, subject to City specifications.  All water mains shall be at least four inches in diameter.
      B.   Water main extensions shall be approved by the City.
      C.   To facilitate the above, the location of all fire hydrants and all water supply improvements shall be shown on the preliminary plat.
   2.   Individual Wells and Central Water Systems.  The following requirements shall apply to the provision of individual wells and central water systems.
      A.   In the discretion of the Council, if a public water system is not available, individual wells may be used or a central water system provided in such a manner that an adequate supply of potable water will be available to every lot in the subdivision.  Water samples shall be submitted to the appropriate County or State agency for testing, and individual wells and central water systems shall be approved by the appropriate County or State health authorities.  Orders of approval shall be submitted to the Council.
      B.   If the Council requires that a connection to a public water main be eventually provided as a condition to approval of an individual well or central water system, the applicant shall make arrangements for future water service at the time the plat receives final approval.  Performance or cash bonds may be required to insure compliance.
   3.   Fire Hydrants.  Fire hydrants shall be required for all subdivisions except those coming under subsection 2 of this section.  Fire hydrants shall be located no more than 500 feet apart and within 500 feet of any structure.
170.45   SEWAGE FACILITIES.
Sewage facilities shall be provided as follows:
   1.   General Requirements.  The applicant shall install sanitary sewer facilities in a manner prescribed by the City construction standards and specifications.  All plans shall be designed in accordance with the rules, regulations and standards of the City and the State Department of Environmental Quality or State Department of Health.  Plans shall be approved by the above agencies.
   2.   Construction of Sanitary Sewerage Systems.  Sanitary sewerage systems shall be constructed as follows:
      A.   Where a public sanitary sewerage system is reasonably accessible the applicant shall connect with same and provide sewers accessible to each lot in the subdivision.
      B.   Where public sanitary sewerage systems are not reasonably accessible but will become available within a reasonable time, not to exceed 15 years, the applicant may choose one of the following alternatives:
         (1)   Install a central sewerage system, operated and maintained by the benefited property owners.  Where plans for future public sanitary sewerage systems exist, the applicant shall install the sewer lines, laterals, and mains to be in permanent conformance with such plans and ready for connection to such public sewer mains.
         (2)   Individual disposal systems, provided the applicant shall install sanitary sewer lines, laterals, and mains from the street curb to a point in the subdivision boundary where a future connection with the public sewer main shall be made.  Sewer lines shall be lain from the house to the street line, and a connection shall be available in the home to connect from the individual disposal system to the sewer system when the public sewers become available.  Such sewer systems shall be capped until ready for use and shall conform to all plans for installation of the public sewer system, where such exist, and shall be ready for connection to such public sewer main.
      C.   Where sanitary sewer systems are not reasonably accessible and will not become available for period in excess of 15 years, the applicant shall install individual disposal systems or central sewage systems.
   3.   Individual Disposal System Requirements.  If public sewer facilities are not available and individual disposal systems are proposed, minimum lot areas shall conform to the requirements of applicable zoning regulations and these regulations.  Percolation tests and test holes shall be made as directed by the City and the results submitted to the local board of health.
   4.   Water Supply Interconnections.  There shall be no physical connection between a public or private potable water supply system and a sewer which will permit the passage of any sewage or polluted water into the potable supply.  Sewers shall be kept removed from water supply wells or other water supply sources and structures.
170.46   SIDEWALKS.
The following requirements shall apply to the provision of sidewalks:
   1.   Location of Sidewalks.  Sidewalks shall be included within the dedicated non-pavement right-of-way  of  all streets.
   2.   Construction of Sidewalks.  Sidewalks shall be improved as required in subsection 2 of Section 170.42 of these regulations.
170.47   UTILITIES.
The following shall apply to the provision of utilities.
   1.   Location.  The Council may require that all utility facilities, including, but not limited to gas, electric power, telephone, and CATV cables, be located underground throughout the subdivision.  All utility facilities existing and proposed throughout the subdivision shall be shown on the preliminary plat.  Underground service connections to the street property line of each platted lot shall be installed at the subdivider’s expense.  At the discretion of the Council, the requirement for service connections to each lot may be waived in the case of adjoining  lots to be retained in single ownership and intended to be developed for the same primary use.
   2.   Easements.  Easements shall be provided as follows:
      A.   Easements centered on rear lot lines shall be provided for utilities.  Such easements shall be at least 10 feet wide.  Proper coordination shall be established between the subdivider and the applicable utility companies for the establishment of utility easements established in adjoining properties.
      B.   Where topographical or other conditions are such as to make impractical the inclusion of utilities within the rear lot lines, perpetual unobstructed easements at least 10 feet in width shall be provided alongside lot lines with satisfactory access to the street or rear lot lines.  Easements shall be indicated on the plat.
170.48   PRESERVATION OF NATURAL FEATURES AND AMENITIES.
Existing features which would add  value to residential development or to the City as a whole, such as trees, watercourses and falls, beaches, historic spots, and similar irreplaceable assets, shall be preserved in the design of the subdivision.  No trees shall be removed from any subdivision nor any change of grade of the land effected until approval of the preliminary plat has been granted.  All trees on the plat required to be retained shall be preserved, and all trees where required shall be protected against change of grade.
170.49   NONRESIDENTIAL SUBDIVISIONS.
The following provisions shall apply to nonresidential subdivisions:
   1.   General.  If a proposed subdivision includes land that is used for commercial or industrial purposes, the layout of the subdivision with respect to such land shall make such provision as the Council may require.  A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Council, and shall conform to the proposed land use and standards established in City plans and regulations.
   2.   Standards.  In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the City that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity.  The following principles and standards shall be observed.
      A.   Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.
      B.   Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.
      C.   Special requirements may be imposed by the City with respect to street, curb, gutter, and sidewalk design and construction.
      D.   Special requirements may be imposed by the City with respect to the installation of public utilities, including water, sewer, and  storm water drainage.
      E.   Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.
      F.   Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.
170.50   SCHOOL AND PARK RESERVATIONS.
If land to be subdivided contains sites that are designated in City plans or plans of other public bodies to be used for schools or parks, the developer shall reserve such site for such use.  If sites which have been reserved are not acquired by the City or other public body within two years of the date of the preliminary plat approval, then such sites may be subdivided by the developer.  The appropriate public body may release the reserved site sooner by certifying to the Council that it does not intend to acquire such site within the two-year period.
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