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With a minor subdivision of land, the subdivider shall file for approval of a Minor Plat and submit the plat and documents to allow review of all essential aspects of the project and assure compliance with the requirements of this chapter and other City ordinances, regulations, and standards. This simplified procedure for small subdivisions utilizes one plat and, when approved, provides the completion of the minor subdivision process to enable the plat and documents to be recorded and subsequently allow the subject property sale.
1. Minor Plat Requirements. The Minor Plat shall be clearly labeled as such and contain all the information required in Chapters 354 and 355 Code of Iowa and the Iowa Administrative Code. The plat shall be drawn to a minimum scale of 100 feet to one inch and shall include, but not be limited to, the following:
A. The proposed Minor Subdivision’s exterior boundaries and proposed lots numbered with each lot’s area noted.
B. Existing property lines, streets, easements, building drainage areas, and other features adjacent and affecting the plat, including water, sanitary and storm sewer lines.
C. The name of the proposed subdivision as approved by the County Auditor, and the complete legal description of the subdivision boundary.
D. The names of the owners of all property adjoining the proposed subdivision and notation of any public parks or open spaces.
E. The location, width, purpose, and limitations of all proposed easements with accurate dimensions and references to known lines. Note, or describe with a separate attachment, easements necessary to extend utility services including gas, electrical, and communications into the proposed subdivision.
F. Land within the Flood Hazard Area as detailed on an adopted DFIRM and those areas deducted from any required net lot area determination for each affected lot. Disposition of those areas to comply with approved ordinance guidelines.
G. Topographic elevations and contours at two-foot intervals for the proposed subdivision when that area is over one acre or for any area with site slopes greater than five percent. This information shall be shown on an attached plat with details of the proposed lot lines and adjacent street locations for the subdivision.
H. Any other pertinent information as requested.
I. Block for approval and signatures of Mayor and Clerk.
2. Minor Plat Application and Attachments. The complete application for Minor Plat approval shall be submitted to the Zoning Administrator. Ten full-sized 11-inch by 17- inch copies of the Minor Subdivision Plat, detailed information and attachments, and the application fee shall be submitted including, but not limited to, the following:
A. A statement from the owner or subdivider detailing the intent and uses of the proposed subdivision, the current zoning classification of the proposed subdivision, the zoning classification of the immediate surrounding area, and a description of the existing water and sanitary sewer service, storm sewer system, and utility installation within and adjacent to the proposed subdivision, and the utilization of the same for the proposed subdivision.
B. A statement from the owner or subdivider describing any current covenants, restrictions, or easements in place within or adjacent to the proposed subdivision.
C. A list providing the names and addresses for the owners of property within 200 feet of the proposed subdivision.
D. A location map showing the placement of the proposed subdivision in relation to the surrounding area and the City boundaries.
E. A resolution prepared for the approval of the Minor Plat by the Council.
F. A resolution prepared for the City to accept the easements dedicated for public use.
G. A copy of the certificate from the County Auditor approving the subdivision name.
H. A copy of any restrictive covenants to be attached to the lots in the subdivision.
I. A copy of the statement from the proprietors attesting to their consent and desire as required by Section 354.11[1] of the Code of Iowa, and a written description of all easements dedicated for public use.
J. A copy of the statement from the mortgage holder or lien-holders, if any, attesting to their consent and desire as required by Section 354.11[2] of the Code of Iowa, and other attachments, if any, as required by Section 354.12 of the Code of Iowa.
K. A copy of the certified resolution from the County Board of Supervisors relative to its consideration and action regarding the Minor Plat if it is within the extraterritorial jurisdiction or scope of a 28E agreement with the City.
L. Any other pertinent information as requested.
3. Minor Plat Review Process. Upon receipt of the application, copies of the Minor Plat, documents, and attachments by the Zoning Administrator, the review and action procedures shall be as follows:
A. Distribution of Minor Plat. The Zoning Administrator shall forward one copy of the plat, documents, and application to the City Engineer, the City Attorney, and other officials as necessary for review of the plat. One copy of all submitted items shall be retained for public inspection.
B. Officials Review of Minor Plat. Each of the officials and the Zoning Administrator shall examine the plat as to its compliance with this chapter, the Comprehensive Plan, and other applicable regulations, and conformity to adopted standards and sound development practices. The Zoning Administrator’s report shall note the items not in compliance, any requirements of this chapter waived for the review, and any exception requested by the subdivider. The officials shall submit their written findings to the Zoning Administrator as soon as possible, but within 20 days of acceptance of the application by the Zoning Administrator. The Zoning Administrator’s report, together with copies of all the technical reports and comments, shall be sent to the owner or subdivider and to the Commission members.
C. Commission Public Meeting. The Zoning Administrator shall post a notice of the scheduled Commission meeting for the plat consideration and provide the same to the local news media. A notice of the meeting shall also be sent to the property owners of adjacent land or within 200 feet of the proposed subdivision. The notice shall be sent seven to 10 days prior to the meeting date.
D. Commission Review and Recommendation. The Commission shall review the Minor Plat, support documents, and official reports, and evaluate the related public comments received at the meeting. The review shall determine the compliance of the proposed subdivision to this chapter, Comprehensive Plan, and other applicable regulations. The Commission shall recommend to the Council that the Minor Plat be approved, approved with conditions to be completed prior to Council action, or disapproved. The Commission’s recommendations, together with a supporting statement detailing the reasons for the conditions, any exceptions, or the denial, shall be forwarded to the subdivider and the Council.
E. Minor Plat Details. The subdivider shall be allowed to make corrections, additions, or modifications to the Minor Plat and documents as outlined in the Official’s technical reviews and Commission’s recommendation to assure compliance with this chapter and to provide the plat accuracy required for filing. The subdivider may request in writing a maximum 60-day extension, as approved by the Zoning Administrator, prior to the Council action.
F. Council Meeting. After receipt of the Minor Plat, application, documents, and reports, the Council shall consider the same on the agenda of a regular Council meeting. A notice of the meeting considering the application shall be sent to the same property owners of land within 200 feet of the proposed subdivision.
G. Council Review. The Council shall, within 30 days or more, as extended, of the receipt of the Minor Plat and documents, evaluate the application and act upon it. As needed, the Zoning Administrator shall also submit a report detailing the completion of the conditions for approval recommended by the Commission. With such examination, the Council shall ascertain whether the plat complies with all applicable provisions of this chapter and other regulating ordinances, standards, and plans of the City.
H. Council Action. Upon consideration of the Minor Plat and submission as detailed, the Council shall provide a resolution to approve or deny approval of the Minor Plat. In addition, the Council may approve a resolution to waive the right to review the plat according to Sections 354.8 and 354.9 of the Code of Iowa for a Minor Subdivision located outside of the City limits and within a designated extraterritorial jurisdiction or the scope of a 28E agreement with the County. The resolution for approval shall accurately detail any exceptions allowed and any requirements from this chapter waived and a detailed listing of the same set forth in the writing of the official records of the Council. The reasons for disapproval shall be clearly defined and set forth in the resolution, and a copy shall be forwarded to the subdivider by certified mail. Additional resolutions shall accept easements dedicated for public use included in the Minor Plat.
I. Approval and Distribution. Certified signatures of the Mayor and Clerk shall be affixed to the approved Minor Plat and resolutions. The completed documents shall be conveyed to the owner, subdivider or agent.
4. Release for Recording. The Minor Plat and other documents are assembled by the owner or subdivider for filing with the County Recorder.
A. City-Approved Documents. The following documents are conveyed to the subdivider:
(1) The approved Minor Plat with signatures of all required officials.
(2) A resolution and certificate of approval of the Minor Plat with required signatures or a statement invoking the City’s right to waive review for a minor subdivision located outside the City limits.
(3) A resolution and certificate accepting all easements dedicated for public use.
B. The owner or subdivider will need to assemble the following:
(1) A statement from the proprietors attesting to their consent and desire as required by Section 354.11[1] of the Code of Iowa, and a written description of all easements dedicated for public use.
(2) A statement from the mortgage holders or lienholders, if any, attesting to their consent and desire as required by Section 354.11[2] of the Code of Iowa, and other attachments, if any, as required by Sections 354.12 of the Code of Iowa.
(3) An opinion by an attorney-at-law attesting to the property title ownership and encumbrances, if any, as required by Sections 354.11[3] and 354.12 of the Code of Iowa.
(4) A certificate from the County Treasurer detailing tax liability and bond security, if any, as required by Sections 354.11[5] and 354.12 of the Code of Iowa.
(5) A certificate from the County Auditor approving the subdivision name.
(6) The certified resolution from the Board relative to its consideration and action regarding the Minor Plat if it is within the extraterritorial jurisdiction or scope of a 28E agreement with the City.
(7) A copy of the protective covenants or restrictions for the subdivision.
(8) Any other information that may be required by the County Recorder or Code of Iowa
5. Recording of Plat. It shall be the responsibility of the subdivider to cause the recording of the Minor Plat, which has been approved by the Council, and any certified resolution for approval or for the action to waive the right to review, and all necessary documents, with the County Recorder and other offices as required in Section 354.18 of the Code of Iowa. Satisfactory evidence of the recording of the plat and resolutions shall be filed with the City Clerk, and the City shall not recognize the plat as effective until such proof of recording is received.
6. Duration of Approval. The Minor Plat shall be filed with the County Recorder within 60 days of the Council approval. If the plat is not filed within that time period, the Council shall consider action to revoke the plat approval or extend the time period.
7. Appeal of Council Action. The applicant or County with co-jurisdiction over the plat may appeal the Council’s decision to district court per Section 354.10 of the Code of Iowa. A notification of the appeal filing shall be sent to the City by certified mail.
The subdivider shall prepare a Preliminary Plat for a major subdivision and shall submit the plat, application, and other attachments and statements. Recommendations for the preparation of the plat and documents and subdivision layout requirements shall be obtained at the pre- application conference with the Zoning Administrator. The Preliminary Plat for a proposed subdivision is not intended to serve as an official plat of record. Its purpose is to allow review of all substantive aspects of the proposed subdivision and impose such conditions as will be necessary to ensure compliance with City plans and regulations and safeguard the public interest, health, and welfare.
1. Preliminary Plat Requirements. The Preliminary Plat shall be clearly labeled as such and the information on the plat shall include all items required in Chapters 354 and 355 of the Code of Iowa and the Iowa Administrative Code. The plat shall be drawn to the scale of 100 feet to one inch and shall include, but not be limited to, the following:
A. North point, graphic scale, and date.
B. Name of proposed subdivision approved by the County Auditor.
C. Name and address of the owner and subdivider.
D. Name, address, and profession of the person who prepared the plat.
E. Location map insert showing general location of proposed subdivision in relation to the surrounding area and the City boundaries.
F. Legal description and acreage.
G. Names and locations of existing subdivisions and names of adjacent property owners.
H. Location of existing lot lines, streets, public utilities, water mains, sewers, drain pipes, culverts, water courses, bridges, railroads, and buildings in the proposed subdivision and on adjacent land affecting the plat.
I. Layout of the proposed blocks (if used) and lots including dimensions of each, and the lot and block numbers in numerical order.
J. Topographic elevations and contours at vertical intervals of not more than two feet if the general slope is less than 10 percent, and not more than five feet if the general slope is 10 percent or greater.
K. Location and widths, other dimensions of the proposed streets, alleys, roads, utility and other easements, parks and other open spaces or reserved area.
L. Names of proposed streets in the platted area in compliance with current requirements.
M. Preliminary and basic grades on proposed streets and alleys.
N. A cross-section of the proposed street showing the roadway location.
O. The location of proposed water mains, sanitary sewers, storm sewers, street lights, and other utilities including gas and electric lines.
P. The drainage of the land including delineation of the Flood Hazard Area, proposed storm sewers, ditches, culverts, bridges, and other structures.
Q. Land within the Flood Hazard Area as detailed on an adopted DFIRM and those areas deducted from any required net lot area determination for each affected lot. Disposition of those areas to comply with approved ordinance guidelines.
R. Where a tract of land proposed for subdivision is part of a larger logical subdivision unit under the same ownership, the Commission may require the subdivider to have prepared a proposed plan of the entire area, such plan to be used by the Commission and the Council as a review aid.
S. Approval/signature block for the City’s approval and Mayor’s signature.
T. Any other pertinent information as requested.
2. Preliminary Plat Application. A complete application for Preliminary Plat approval shall be submitted to the Zoning Administrator. The application fee shall be submitted with the application and include, but not be limited to, the following:
A. A complete signed Application Form available from the Zoning Administrator.
B. Five full-sized (22-inch by 34-inch max.) paper copies, 12 reduced scale (11-inch by seven-inch) copies, and an electronic copy of the Preliminary Plat.
C. The names and mailing addresses of the owners of property within 200 feet of the proposed subdivision or subdivider’s property surrounding the proposed subdivision.
D. A statement by the subdivider describing the general nature and type of improvements proposed for the subdivision, the manner intended to provide for their installation, and the timetable for the completion of the same.
E. A statement outlining any proposed protective covenants or restrictions to be recorded with the Final Plat.
F. A copy of the certificate from the County Auditor approving the subdivision name.
G. A copy of the resolution from the County Board of Supervisors relative to its consideration and action regarding the proposed Preliminary Plat if it is within the extraterritorial jurisdiction or within the scope of a 28E agreement with the City.
H. Any other pertinent information as requested.
3. Preliminary Plat Review. Upon receipt of the application, copies of the Preliminary Plat, and documentation by the Zoning Administrator, the review and action process shall be as follows:
A. Distribution of Preliminary Plat. The Zoning Administrator shall forward one copy of the plat, supporting documents, and application to the City Engineer, City Attorney, and Public Works Director for their review. One copy of all submitted items shall be retained for public inspection.
B. Officials Review of Preliminary Plat. Each of the officials and the Zoning Administrator shall examine the plat as to its compliance with this chapter, the Comprehensive Plan, and other applicable regulations and conformity to adopted standards and sound development practices. The Zoning Administrator’s report shall note the items not in compliance, any requirements of this chapter waived for the review, and any exception from this chapter requested by the subdivider. The officials shall submit their written findings to the Zoning Administrator as soon as possible, but within 20 days of acceptance of the application by the Zoning Administrator. The Zoning Administrator’s report, together with copies of all the technical reports and comments, shall be sent to the owner or subdivider and to the Commission.
C. Commission Public Meeting. The Zoning Administrator shall post a notice of the scheduled Commission meeting for the plat consideration and provide the same to the local news media. A notice of the meeting shall also be sent to the owners of adjacent land including land within 200 feet of the proposed subdivision. The notice shall be sent seven to 10 days prior to the meeting date.
D. Commission Review and Recommendations. The Commission shall review the Preliminary Plat, supporting documents, and officials’ reports, and evaluate the related public comments received at the meeting. The review shall determine the compliance of the proposed subdivision to this chapter, Comprehensive Plan, and other applicable regulations, and evaluate the conformity to the adopted development standards and practices. The Commission shall recommend to the Council that the Preliminary Plat be approved, approved with conditions, or disapproved. The Commission’s recommendation, together with a supporting statement detailing the reasons for the conditions, any exceptions, or the denial, shall be forwarded to the subdivider and the Council.
E. Preliminary Plat Details. The subdivider shall be allowed to make corrections, additions, or modifications to the Preliminary Plat and documents as outlined in the officials’ reviews and the Commission’s recommendations to assure compliance with this chapter and the conditions as written. As needed, the Zoning Administrator shall submit to the Council a report detailing the completion of the noted corrections or modifications. The subdivider may request in writing a 60-day extension of time for completion as approved by the Zoning Administrator and prior to the Council action.
F. Council Meeting. After receipt of the Preliminary Plat, application, documents, and reports for the proposed subdivision, the Council shall place consideration of the same on the agenda for a regular Council meeting. A notice of the meeting considering the application shall be sent to the owners of land within 200 feet of the proposed subdivision.
G. Council Review and Action. The Council shall, within 30 days after receipt of the Commission’s recommendation and information, evaluate the application and reports, and provide a resolution detailing action on the same. Upon such examination, the Council shall ascertain whether the proposed plat conforms to the ordinances, plans, and standards of the City and will be conducive to the orderly growth and development of the City, in order to protect the public interest, health, and welfare. With a conclusive decision, the Council may approve, approve subject to conditions or listed exceptions, or disapprove, the plat. If the decision of the Council is to disapprove the plat or to approve the plat subject to conditions or allowed exceptions, the reasons therefore and a detailed listing of the same shall be set forth in the writing of the official records of the Council and a copy of the resolution and detailed reasons provided to the subdivider by certified mail. In addition, the Council may approve a resolution to waive the right to review the plat according to Sections 354.8 and 354.9 of the Code of Iowa for a major subdivision located outside the City limits and within a designated extraterritorial jurisdiction or the scope of a 28E agreement with the County.
4. Status of Approval. Approval of the Preliminary Plat by the Council shall signify the general acceptability of the proposed subdivision and not approval for recording purposes. This initial approval shall constitute authorization to proceed with the preparation of the construction plans detailing the installation of the improvements as required by this chapter and as shown on the approved Preliminary Plat.
5. Duration of Approval. The approval of the Preliminary Plat shall be effective for 12 months, and if the Final Plat for all or part of the approved Preliminary Plat area is not filed within that period (or an authorized extension thereof), the approval of the same shall become null and void. Upon written request of the subdivider, the Zoning Administrator may grant a one-time extension of up to 12 months maximum. For Final Plat submissions on successive phases of an approved Preliminary Plat, the Zoning Administrator may grant one 24-month time extension for each successive phase to a maximum of three such extensions.
6. Appeal of Council Action. The applicant or County with co-jurisdiction over the plat may appeal the Council decision to district court per Section 354.10 of the Code of Iowa. A notification of the appeal filing shall be sent to the City by certified mail.
The approval of the Preliminary Plat authorizes the subdivider to proceed with the preparation of the construction plans and specifications. The intent of this section is to provide a guide to the completion and acceptance of the public improvements described in Section 170.52 of this chapter prior to the submission of the Final Plat for approval. The review of the construction plans and details by the City officials, and written approval by the City Council, is required before the installation is initiated. The following describes the submission procedures and reviews, required inspection during construction, and methods for acceptance of the completed improvements.
1. Construction Plan Submission and Review. The construction plans and specifications shall be prepared to meet the requirements of the approved Preliminary Plat with any accompanying conditions, the requirements and standards of this chapter, and other City standards and regulations. The submission of plans and documents is followed by a review by the City Engineer, other agencies as needed, and the Council. The process can include plan changes and the attachment of conditions to achieve approval.
A. Construction Plan Requirements. A licensed engineer shall prepare and certify the plans and specifications for the required improvements outline with the approved Preliminary Plat. The construction plans and specifications shall provide sufficient detail for the improvements required as outlined in this chapter to allow the City Engineer’s review for compliance with the design standards and City and other agency regulations. The Zoning Administrator, in conference with the subdivider, shall provide a review of the conditions imposed and items waived or exceptions granted with the approval of the Preliminary Plat.
B. Submission and Distribution of Construction Plans. An application for the construction plan approval, four sets of the construction plans and specifications, approved Preliminary Plat, and a fee shall be submitted to the Zoning Administrator. Copies shall be forwarded to the City Engineer and other agencies or departments as needed.
C. Review by City Engineer. During the review of the plans and specifications, the City Engineer shall correspond with the subdivider’s engineer regarding clarifications and changes to the plans. A final report shall be prepared which details compliance with the City’s ordinances and standards and other agency specifications and regulations . The report shall also list any additional exceptions to this chapter required by site conditions discussed during construction plan preparation which will require Council approval. A list of the accepted changes or modifications to the plans shall be noted in the report and provided to the subdivider.
D. Council Consideration. The Council shall review the submitted construction plans and specifications, City Engineer’s report, and the other reports and documentation for compliance with the approved Preliminary Plat, this chapter, and other standards and regulations. The Council shall approve the plans and include any conditions required for approval, or deny the submitted plans. With approval, the Council shall detail in the minutes any accepted modifications of standards or specifications and any approved additional exceptions, and list any of the required improvements which were waived. Any conditions requested by the Council shall be detailed in a written agreement with the subdivider and recorded in the same minutes. The specific reasons and items found unsatisfactory for the denial of the plans shall be detailed in a letter to the subdivider and recorded in the same minutes. The construction plan review fee shall be waived for a three-month period during which the subdivider can resubmit the previous denied plan to the City.
E. Authorization Letter. Upon approval of the construction plans and documents by the Council, the Zoning Administrator shall prepare a letter to the subdivider authorizing the installation of the improvements. A set of the approved construction plans, the report by the City Engineer, any agreement between the City and subdivider, and a list of all conditions imposed, modifications allowed, and any items waived in actions by the Council, shall be forwarded to the subdivider.
2. Construction of Improvements. The subdivider shall not proceed with the construction and installation of the improvements in Section 170.52 of this chapter until receipt of the authorization letter from the Zoning Administrator. Improvements are to be completed within one year of the date of the letter unless the time is extended as noted.
A. Authorization Letter. The receipt of the authorization letter shall allow the subdivider to proceed with the construction and installation of the improvements.
B. Modifications During the Construction. The installation of the improvements and construction shall conform to the approved construction plans. Any design or specification modification desired after construction has commenced shall be submitted in writing to the Zoning Administrator. After review by the City Engineer, a decision shall be provided to the request. In the event of a major modification request compared to the Preliminary Plat, the City Engineer shall provide a review and a decision provided by Council action. A formal agreement regarding the modification or change shall be provided and attached to the construction documents. Without agreement concerning the change, the Council may consider such actions deemed appropriate to halt the construction and mediate an agreement on the matter.
C. Construction Period Extension. The subdivider may submit in writing to the Zoning Administrator a request to extend the construction time period beyond the stated one year. A one-time one-year extension may be granted by the Zoning Administrator upon satisfactory proof of hardship or other compelling reason.
3. Inspection of Improvements. All improvements shall be inspected to insure compliance with the requirements of this chapter, approved plans, and the Preliminary Plat. The inspections shall be completed by the City Engineer during all phases of the construction and appropriate tests as determined by the City Engineer to be conducted during said construction. The cost of such inspections and tests shall be borne by the subdivider and shall be the actual cost of the same to the City
A. Inspection and Testing. All the improvements detailed on the plans and Preliminary Plat shall be inspected during construction by the City Engineer. The subdivider shall furnish a construction schedule to the City Engineer. The subdivider shall coordinate with the City Engineer for the scheduling of the required inspection and provide notification at least 48 hours in advance of the readiness for the same.
B. Final Inspection Request. Upon completion of the improvements, the subdivider shall request in writing a final inspection be conducted. The City Engineer shall provide a report noting the completion of said improvements and detail any improvements not constructed in accordance with the approved construction plans and specifications. The subdivider shall be responsible for completing the improvements and correcting any noted deficiencies prior to the certification of the final inspection.
C. As-Built Plans. The subdivider’s engineer shall submit to the City a statement detailing the completion of construction of all public improvements in accordance with the approved construction plans and specifications and Preliminary Plat and said improvements are in compliance with City ordinances and any agreements between the subdivider and the City. The subdivider’s engineer shall also submit one set of as-built plans for the improvements installed certifying and detailing all features as actually installed.
D. Certificate of Satisfactory Completion. The City Engineer shall submit to the Council, the completed report of the final inspection and a report stating that all required improvements have been satisfactorily completed and the construct is in accordance with the plan for the subdivision and are in agreement with City ordinances and any agreements between the City and the subdivider.
4. Maintenance Warranty Bond -The subdivider shall guarantee the design of the improvements and warrant against defects in the materials used and the workmanship utilized during the installation and construction of said improvements as follows:
A. Completed Improvements. The subdivider shall be required to file a maintenance warranty bond with the City prior to the dedication of the improvements. The warranty shall be by bond or other acceptable collateral and a copy of the form shall be forwarded to the City Attorney for review with a reply noting the form as acceptable. The amount of the bond shall be 50 percent of the cost of the specific completed improvements in each category noted. The City Engineer shall review the bond amounts and reply noting agreement with the same. The amount shall assure the expedient repair or replacement of defective improvements under warrant, and shall indemnify the City from all costs or losses resulting directly or indirectly from such defective improvements. The warranty time period shall begin from the date of acceptance by the City and is noted as follows for the specific improvements:
(1) Water and sewer lines, connections, and all fittings - two years.
(2) Street paving, storm sewers, and other items - four years.
B. Maintenance of Improvements Before Acceptance. The subdivider shall be required to maintain all improvements on the individual subdivided lots and provide for snow removal on streets and sidewalk until acceptance of said improvements and Final Plat by the Council.
C. Maintenance of Unoccupied Subdivision Lots. A developer/owner of any unoccupied lots upon which no construction has been commenced shall be required to comply with the following regulations:
(1) The soil slope of the unoccupied lots shall be a consistent or uniform grade to prevent ponding and to provide drainage, and the lots shall be seeded with a grass mixture as approved by the City.
(2) The unoccupied lots shall be mowed on a regular basis, at least every two weeks or as needed during the growing season.
(3) Any and all debris, concrete, rocks, scrap building material, etc. shall be removed or placed in approved containers for removal. Timely removal of all debris shall be required.
(4) Any and all mud, sand, dirt or debris which is tracked or washed, either voluntarily or involuntarily onto City streets shall be removed by the subdivider, owner, or contractor.
D. End of Warranty Inspection. The City Engineer shall inspect the warranted improvements at least 30 days prior to the end of the various warranty periods. The City Engineer shall submit a report to the Zoning Administrator noting any deficiencies found in said improvements. The Zoning Administrator shall notify the subdivider of the deficiencies and require the correction of the same. In the event of the failure to correct the deficiencies, the City shall proceed with the claims against the maintenance warranty bond as detailed in said bond agreement. With a satisfactory report issued by the City Engineer, the bonds shall be allowed to expire upon the stated date.
5. Acceptance and Dedication. Upon completion of the installation of the improvements, the subdivider shall submit plans, documents, and dedications to the Zoning Administrator prior to submission to the Council for accepting said improvements.
A. The following documents shall be submitted to the Zoning Administrator before consideration:
(1) The statement by the subdivider’s engineer detailing the completion of the improvements and certifying compliance with plans, specifications, ordinances, and any agreements.
(2) As-built plans for each state of the construction process together with a copy of the approved Preliminary Plat. A list of any major changes from the improvements noted on the plat and approved plans and specifications and compliance with any conditions detailed with the plat.
(3) A statement from the City Engineer as to the completion of all the improvements, and the report of the final inspection of all improvements, and a statement as to the compliance of the improvements to any agreements between the City and the subdivider.
(4) A copy of the maintenance warranty bond.
(5) The statement by the subdivider or owner providing the dedication to the City of the streets, water and sewer lines, storm sewer improvements, sidewalks, and other applicable public improvements in the subdivision.
(6) A resolution prepared for the City to accept the dedication of the streets, water and sewer lines, and other applicable public improvements related to the subdivision.
B. Council Action. The Council shall review the documents and reports submitted to assure the satisfactory completion of the public improvements and the construction compliant with the approved Preliminary Plat, plans and specifications, and agreements made in regard to the same. After consideration, the Council shall act upon the resolution accepting the dedication of the public improvements related to the subdivision. Details of any changes in the plans and approved Preliminary Plat shall be noted in the Council meeting minutes and a report noting the same, and any improvements required or design standards which were waived during prior considerations of the subdivision, shall be forwarded to the Zoning Administrator for attachment with the Final Plat approval application.
C. Completion of Phase. The approval of the resolution accepting the public improvements completes the construction phase and provides the required documentation for the subdivider to submit a Final Plat for approval by the City.
6. Delayed Improvements Installation. The Council in its discretion may waive the requirement that the subdivider complete and dedicate all public improvements prior to the approval of the Final Plat, and that, as an alternative, the subdivider post a performance bond at the time of the application for the Final Plat approval in an amount equal to the improvement cost in Subsection A below to the Council to secure the completion of all or a detailed portion of the required improvements. In addition, the subdivider shall execute and submit to the Council a Subdivider’s Agreement, which shall be binding on the heirs, personal representatives, and assigns of the owner and subdivider, that said improvements shall be completed within a specific time period. The agreement shall restrict any private construction on any lots and restrict any application for building permits for such construction on those lots until all improvements required under this chapter have been made with respect to the streets to which the lots sought to be constructed have access. The Council shall act upon the Final Plat, performance bond, and Subdivider’s Agreement submission. Approval of the Final Plat shall not constitute acceptance by the City of any improvements to be constructed. Improvements will be accepted only after their construction has been completed and dedication accepted. The procedure will include the following:
A. Improvement Cost. The estimated cost for the completion of the improvements shall be the amount determined by the City Engineer as equal to 125 percent of the anticipated cost of construction of the improvements including the engineering and other expenses related to the completion if required by the City. The improvements shall be those as detailed on the Preliminary Plat and construction plans submitted to and approved by the City.
B. Approval By City Attorney. The Subdivider’s Agreement and performance bond shall comply with all statutory requirements and shall be approved by the City Attorney as to form, sufficiency, and manner of execution.
C. Completion Period. The period within which the required improvements must be completed shall be specified by the Council in the resolution approving the Final Plat, shall be incorporated in the bond and agreement, and shall not exceed one year from the approval date. The subdivider may request, upon proof of difficulty, an extension of the completion date noted in the initial bond and the Council may extend the period for a maximum of one additional year.
D. Approval by Council. The performance bond, Subdivider’s Agreement, and review documents shall be considered by the Council. The Council shall act upon the bond and agreement at the time of the Final Plat consideration.
E. Temporary Improvements. The subdivider shall build and assume all costs of temporary improvements required by the Council and shall maintain the same for the period specified by the Council. Prior to the construction of any temporary facility or improvement, the subdivider shall file with the City a separate suitable bond for the same, which said bond shall insure that the said facilities will be properly constructed, maintained, and removed.
F. Release of Performance Bond. The requirements to be met prior to the release of the Performance Bond shall be the same as those required for the completion of all improvements prior to the submission of the Final Plat for approval. The Council shall act upon the request for bond release after satisfactory submission of the inspection reports and completion statements, dedication of improvements and land to the City, and submission of the required maintenance warranty bond, and approval of resolutions accepting the improvements to the City, and approval of the Final Plat.
G. Failure to Complete Improvements. In those cases where a performance bond has been posted and the required improvements have not been installed within the terms of such bond or granted extension, the City may declare the bond to be in default and require that all the improvements be installed regardless of the extent of the installation completion at the time the bond is declared to be in default. The City may utilize any and all legal remedies available to complete said improvements or to recover the costs for the installation of the remaining.
7. Subdivision Outside Corporate Limits -The installation of improvements in subdivisions proposed outside of the City limits, which are scheduled and approved to be annexed to the City, shall utilize the same procedures as outlined for subdivisions of the same type within the City. The scope of the improvements required and design standards for the features in those proposed subdivisions shall be the same as for those within the City. Alternate design criteria and subdivision layout proposals utilizing a Planned Unit Development would be considered. The standards for improvements in proposed subdivisions within the described extraterritorial jurisdiction and not considered for annexation shall be as those outlined in the scope of the 28E agreement between the City and County for the same.
The subdivider shall prepare the Final Plat (for all or a part of the approved Preliminary Plat area), and submit it with the application and required attachments to the Zoning Administrator. The Final Plat and documents shall be prepared in conformance with the approved Preliminary Plat and in accordance with the requirements of this chapter. The Final Plat approval is required as the completion of the major subdivision process to enable the Final Plat and documents to be recorded and dedications made and thus allow the subject property ownership transfers. No Final Plat shall be considered by the Council until and unless a Preliminary Plat encompassing the area of the proposed Final Plat has been approved and remains valid.
1. Final Plat Requirements. The Final Plat shall be clearly labeled as such and the information on the plat shall include all items required in Chapters 354 and 355 of the Code of Iowa and the Iowa Administrative Code. The Final Plat shall be draw at a scale of one inch equals on 100 feet or larger. The Final Plat shall show the following:
A. Name of the subdivision.
B. Name and address of owner and address of owner and subdivider.
C. North point, scale, and date.
D. All distance, bearing, curve, and other survey data and all monuments to be of record as required by Chapter 355 of the Code of Iowa.
E. Street names and a clear designation of public alleys.
F. Lot numbers and dimensions, and block numbers (if used).
G. Location of public and private easements and description of the proposed use.
H. Land within the Flood Hazard Area as detailed on an adopted FIRM, and those areas deducted from any required net lot area determination for each affected lot. Disposition of those areas to comply with approved ordinance guidelines.
I. Accurate dimension for any property to be dedicated or reserved for public, semi public, or community use and detail the proposed use.
J. Accurate locations of all existing and recorded streets intersecting the boundaries of the tract.
K. 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 resubdivision 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. Resubdivision shall be labeled as such in a subtitle following the name of the subdivision wherever the name appears on the plat.
L. Accurate boundary lines, with dimensions and angles, which provide a survey of the tract, closing with an error of not more than one foot in 10,000 feet; or one foot in 5,000 feet for an individual lot.
M. Certification by a registered land surveyor of the State of Iowa.
N. Approval block for the City’s approval and the Mayor’s and Clerk’s signatures.
2. Final Plat Application and Attachments. The completed application for Final Plat consideration shall be submitted to the Zoning Administrator. Ten copies of the Final Plat along with an electronic copy shall be provided. The application fee shall be submitted with the application containing, but not limited to, the following:
A. Complete application with signatures certifying the truth and correctness of all information presented on and with the application.
B. A copy of the certificate from the County Auditor approving the subdivision name.
C. A certificate from the City Engineer stating all required improvements have been satisfactorily completed in accordance with the construction plans as approved and in substantial compliance with the approved Preliminary Plat.
D. A copy of the resolution of the City accepting the streets, sanitary sewer mains, water mains, storm sewer lines with conveyance and detention features, sidewalks, and other applicable public improvements related to the subdivision.
E. A copy of the statement from the proprietors attesting to their consent and desire as required by Section 354.11[1] of the Code of Iowa, and including the following:
(1) A dedication by the proprietors to the public of all lands within the Final Plat designated for streets, alleys, parks, open areas, or other public uses.
(2) A dedication with written descriptions of all easements granting public access for passage and utility services.
F. A resolution prepared for the City to accept the dedication to the City of all land for public use within the Final Plat and to accept easements for public use.
G. A copy of the statement from the mortgage or lien holders, if any, attesting to their consent and desire as required by Section 354.11[2] of the Code of Iowa, and other attachments, if any, as required by Section 354.12 of the Code of Iowa.
H. A copy of any restrictive covenants to be attached to the lots in the subdivision.
I. A resolution and certificate for approval of the Final Plat by the Council and for signatures of the Mayor and City Clerk.
J. A copy of the certified resolution from the Board relative to its consideration and action regarding the Final Plat if it is within the extraterritorial jurisdiction or scope of a 28E agreement with the City.
3. Final Plat Review Process. Upon receipt of the application, copies of the Final Plat and attachments by the Zoning Administrator, the review and action procedures shall be as follows:
A. Distribution of Final Plat. The Zoning Administrator shall forward one copy of the plat and application to the City Engineer, the City Attorney, and other officials as necessary for review of the plat. One copy of all submitted items shall be retained for public inspection.
B. Officials Review of Final Plat. Within 15 days of receipt of the Final Plat materials, the several officials shall complete their reviews of the same and submit written comments to the Zoning Administrator. The documents shall be reviewed for compliance with the Preliminary Plat, Comprehensive Plan, and other ordinances and regulations of the City and the State of Iowa. The Zoning Administrator shall also complete a review noting any items not in compliance, any requirements of this chapter waived for the review, and any exceptions granted, and send copies of all the technical reviews to the subdivider.
C. Evaluation for Conformity. The Zoning Administrator shall review the Final Plat and submissions for substantial conformity to the approved Preliminary Plat. A Final Plat conforming to the Preliminary Plat shall be forwarded together with the technical reviews directly to the Council for consideration. If a number of deviations to the Final Plat are found, the plat and documents shall be forwarded to the Commission for review, prior to the Council consideration. The factors to be evaluated for conformity on the Final Plat by the Zoning Administrator shall include, but are not limited to:
(1) Any change in the access to or the number or layout of the lots or blocks;
(2) Any change in the location or design of streets or rights-of- way; and
(3) Completion of any changes or conditions initiated by Council action during the Preliminary Plat approval process.
D. Commission Review and Recommendations. If needed with deviations from the Preliminary Plat, as noted in Subsection C above, the Commission shall, within 45 days of the filing or more with a time extension approved by the subdivider, submit recommendations to the Council. The Commission shall review the Final Plat and applicable materials and evaluate the officials’ reviews. The Commission shall recommend to the Council that the Final Plat be approved, approved with conditions to be completed prior to the Council review, or disapproved. Copies of the recommendations, together with a supporting statement detailing the reasons for the conditions, any exceptions, or the denial, shall be forwarded to the Council and subdivider.
E. Final Plat Details. The subdivider shall be allowed to make corrections, additions, or modifications to the Final Plat and documents as outlined in the official’s technical reviews and Commission’s recommendation to assure compliance with this chapter and provide the plat accuracy required for filing. The subdivider may request in writing a maximum 60-day extension, as approved by the Zoning Administrator, prior to the Council action.
F. Council Review. The Council shall, within 30 days (or more, as extended) of the receipt of the Final Plat and documents, evaluate the application and act upon it. As needed, the Zoning Administrator shall also submit a report detailing the completion of the conditions for approval recommended by the Commission. With such examination, the Council shall ascertain whether the plat conforms to the intent of the approved Preliminary Plat and complies with all applicable provisions of this chapter and other regulating ordinances, standards, and plans of the City in effect as of the date of the approved Preliminary Plat.
G. Council Action. Upon consideration of the Final Plat and submissions as detailed, the Council shall provide a resolution to approve or deny approval of the Final Plat. In addition, the Council may approve a resolution to waive the right to review the plat according to Sections 354.8 and 354.9 of the Code of Iowa. The resolution for approval shall accurately detail any requirements of this chapter waived and any allowed exceptions from this chapter and a detailed listing of the same set forth in the writing of the official records of the Council. The reasons for disapproval shall be clearly defined and set forth in the resolution and a copy shall be forwarded to the subdivider by certified mail. Additional resolutions shall accept the dedication of all lands and easements for public use within the Final Plat to the City.
H. Approval and Filing. A certified signature of the Mayor shall be affixed to the approved Final Plat and resolutions. The completed documents shall be conveyed to the owner, subdivider, or agent to then file the same with the County Recorder.
4. Final Plat Release for Recording. The Final Plat and other documents assembled by owner or subdivider for filing with the County Recorder shall be as follows:
A. City Approved Documents. Upon completion of action by the Council, the following documents shall be conveyed to the owner/subdivider:
(1) The approved Final Plat with signatures of all required officials.
(2) A resolution and certificate for approval of the Final Plat by the City Council with signatures of the Mayor and City Clerk.
(3) A resolution accepting the dedications to the City of the streets, sanitary sewers, water mains, storm sewer improvements, sidewalks, and other applicable public improvements related to the subdivision.
(4) A resolution accepting the dedication to the City of all lands for public use within the Final Plat and accepting all easements dedicated for public use.
B. The owner or subdivider will need to assemble the following items:
(1) A statement from the proprietors attesting to their consent and desire as required by Section 354.11[1] of the Code of Iowa, and a statement of dedication of all lands to the City, and a written description of all easements for public access.
(2) A statement from the mortgage holders or lien holders, if any, attesting to their consent and desire as required by section 354.11[2] of the Code of Iowa, and other attachments, if any, as required by Section 354.12 of the Code of Iowa.
(3) An opinion by an attorney-at-law attesting to the property title ownership and encumbrances, if any, as required by Sections 354.11[3] and 354.12 of the Code of Iowa.
(4) The certified resolution from the Board relative to its consideration and action regarding the Final Plat if it is within the extraterritorial jurisdiction or scope of a 28E agreement with the City.
(5) A certificate from the County Treasurer detailing tax liability and bond security, if any, as required by Sections 354.11[5] and 354.12 of the Code of Iowa.
(6) A certificate from the County Auditor approving the subdivision name.
(7) A copy of the protective covenants or restrictions for the subdivision.
(8) A Subdivider’s Agreement for incomplete improvements, if applicable.
(9) Any other information that may be required by the County Recorder or the Code of Iowa.
5. Recording of Plat. It shall be the responsibility of the subdivider to cause the recording of any plat which has been approved by the Council, and any certified resolution for approval or for the action to waive the right to review, and all necessary documents, with the County Recorder and other offices as required in Section 354.18 of the Code of Iowa. Satisfactory evidence of the recording of the plat and resolutions shall be filed with the City Clerk, and the City shall not recognize the plat as effective until such proof of recording is received.
6. Duration of Approval. The Final Plat shall be filed with the County Recorder within 60 days of the Council approval. If the plat is not filed within that time, the Council shall consider action to revoke the plat approval or extend the time period.
7. Reconsideration By Council. If the Council disapproves a plat, the subdivider may, within one year from such disapproval, request reconsideration by the City without the necessary compliance with Section 170.24 of this chapter.
8. Appeal of Council Action. The applicant or County with co-jurisdiction over the plat may appeal the Council’s decision to district court per Section 354.10 of the Code of Iowa. A notification of the appeal filing shall be sent to the City by certified mail.
ALTERNATE SUBDIVISIONS
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