170.12 FINAL PLAT REQUIREMENTS AND PROCEDURES (MAJOR SUBDIVISIONS). The final plat shall conform substantially to the approved preliminary plat, and if desired by the subdivider, it may only constitute only that portion of the approved preliminary plat that they wish to have reviewed by the City at that time, provided said portion conforms to all of the regulations contained herein.
1. Number of Copies. Within one year of approval of the preliminary plat, or extension thereto the proprietor shall submit 20 copies of the final plat, one of which shall be scalable and the remaining may be reduced in size, for review by the Zoning Administrator. Final plat review shall not begin until, or unless, all copies of the final plat and accompanying material have been submitted to the Zoning Administrator and City Clerk a minimum of 21 days prior to Commission consideration.
2. Referral of Final Plat. The developer shall refer one copy each to the Zoning Administrator, Mayor and City Council, City Clerk, City Engineer, Street Superintendent, Wastewater Superintendent, Building Inspector, and Planning and Zoning Commission. Each of the aforementioned offices shall examine the plat as to its compliance with the laws and regulations of the City and submit their findings to the Zoning Administrator as soon as possible, but within 30 days.
3. Contents of Final Plat. Final plats shall contain, include, or show the following requirements:
A. Name of subdivision and proprietor.
B. Plats shall be drawn on sheets not larger than 24 inches by 36 inches. The scale of the plat, preferably one inch equals 100 feet, shall be clearly stated and graphically illustrated by a bar scale on every plat sheet. Larger subdivisions that require more than one sheet shall show match lines and references.
C. An arrow indicating the northern direction.
D. Curve date including delta angle, length of arc, degree of curve, and length and direction of the chord.
E. Boundary lines of subdivided area with accurate distances, bearings, and boundary angles. The unadjusted error of closure shall not be greater than one in 10,000 for subdivision boundaries and shall not be greater than one in 5,000 for an individual lot. The areas of irregular lots within the plat shall be shown and may be expressed in either acres to the nearest one-hundredth acre, or square feet to the nearest 10 square feet.
F. Exact name, location, width, and designation of all streets within the subdivision. Additionally alleys, parks, open areas, school property, other areas of public use, or areas within the plat that are set aside for future development shall be assigned a progressive letter and have the proposed use clearly designated.
G. 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 or access easements as are deemed necessary for the orderly development of the land encompassed within the plat.
H. Building setback lines with dimensions.
I. Legal description of the property being subdivided.
J. Lot numbers.
K. Certificate of Survey.
L. Description and location of all permanent monuments set in the subdivision, including ties to original Government corners.
M. A table that lists coordinate values for all property corners.
N. A stamp or signature block for the Mayor and City Clerk evidencing the City Council’s approval of the final plat.
4. Accompanying Material.
A. The documents required by the Code of Iowa:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) A resolution and certificate for approval by the Council and for signatures of the Mayor and Clerk.
B. A copy of any proposed restrictive covenants, which shall be submitted for the purpose of review and recommendation by the City Attorney.
C. Any dedication or easement to the City for any property intended for public use.
D. Profiles, typical cross sections, and specifications of street improvements and utility systems, to show the location, size and grade. These should be 11 x 17-inch plans drawn to a scale of 40-foot horizontal and 4-foot vertical with west or south at the left.
E. A certificate by the Public Works Director or similar official that all required improvements and installations have been completed satisfactorily.
F. Any other security documents, including performance bond, if required.
G. A maintenance bond, four years on pavement, two years on utilities.
H. The proprietor’s engineer shall include a completed Subdivider Plat Checklist as shown in the Appendix to this Code of Ordinances with the final plat.
5. Review by the Planning and Zoning Commission. The Commission shall review the final plat and forward its recommendation to the Council, according to the procedures outlined in Section 170.11(6).
6. Action by the City Council.
A. Upon receipt of the final plat and the required documents from the Commission, the Council will consider the recommendations from the reviewing offices. The Council shall approve or disapprove of the final plat within 60 days of the filing of the application for final approval. If approved, the preliminary plat shall be certified by resolution. If the final plat is not approved, the Council shall state in writing how the proposed plat is objectionable. The applicant has the right to appeal to district court, within 20 days, the failure of the Council to issue approval of the final plat as provided in this chapter.
B. The passage of a resolution by the City Council accepting the plat shall constitute final platting approval for the area shown on the final plat. The proprietor shall cause such plat to be recorded as required by Chapter 354, Code of Iowa, before the City shall recognize the plat as being in full force and effect. In addition, eight copies of the approved final plat and adopting resolution as well as one copy of the completed plat proceedings with restrictive covenants shall be submitted to the Zoning Administrator by the proprietor.
7. Improvements.
A. All standards and improvements described in Sections 170.05 through 170.10 shall be installed at the cost of the developer, unless otherwise stated in this chapter, in accordance with the approved plans and specifications before acceptance of the final plat by the Council unless the proprietor and the Council have entered into an agreement pursuant to paragraph C below. All improvements shall be inspected by the proprietor’s engineer and may also be inspected by the City Engineer. The proprietor’s engineer shall certify to the Council that the improvements were constructed in compliance with these regulations, as well as provide “as-built” drawings thereof. If inspected by the City Engineer, the cost of said inspection shall be borne by the developer. All improvements shall be constructed under the supervision of and to the Council’s satisfaction.
B. Subdivisions may be developed in phases, provided the proposed phasing of public improvements is acceptable to the Council and Engineer.
C. The completion requirement may be waived in whole or in part by the Council. Before acceptance of the improvements by the Council or before waiver of the completion requirement, the proprietor may enter into an agreement with the Council to ensure the completion of the improvements within a specified time period. If an agreement is entered into, it shall specify the improvements to be constructed, the schedule for completion of the construction (each phase not to exceed three years) and shall be accompanied with a performance bond, corporate surety bond, cash, letter of credit, or other surety, in an amount equal to 120 percent of the estimated cost of said improvements. Said performance bond, corporate surety, bond, cash, letter of credit or other surety shall be approved by the City Attorney.
D. The proprietor of the land being platted shall be required to provide to the City property maintenance bonds, or other means satisfactory to the City Engineer and City Attorney, so as to insure that for a period of four years from the date of acceptance and completion of any street improvement, two years for utilities, the proprietor shall be responsible for maintaining the improvements in good repair.