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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
Land permitted as PUD (planned unit development) may include two or more uses that would require classification of two or more zoning districts or tracts of land which include varying lot sizes to protect environmental features. The PUD encourages the more efficient use of land through the incorporation of both public and private open spaces to accent and enhance both the architectural and natural features of a development and provide for natural stormwater management systems. A development plan and development agreement are required for all PUD-permitted use combinations. The City and the subdivider of the PUD area shall address the private and public open space and recreation area requirements and the means to satisfy such requirements in the development agreement. All PUD areas shall comply with the intent and purpose of this chapter with the flexibility to create equivalent recreational facilities while accommodating the mixed uses present in such developments.
1. Site Development. The site for a planned unit development shall consist of a single parcel of land or an integrated group of parcels. The site may include areas of land which are topographically unsuitable for the erection of structures but which may be incorporated into the development plan as an element of the open space system. The PUD shall be identified on the Preliminary and Final Plat as a cluster or mixed-use PUD subdivision.
2. Zoning Required. Development of PUD subdivision shall be approved for necessary zoning at the time of Final Plat approval and subject to all regulations listed in Chapter 165 of this Code of Ordinances, except as allowed in this section, as a condition of approval of the Final Plat.
3. Procedure. Planned Unit Development subdivisions shall follow the same approval procedures as a major subdivision, except as identified in this section.
4. Professional Required. Professional talents of qualified land planners, licensed landscape architects, Iowa Licensed Professional Engineers, and other specialists deemed necessary shall be utilized in the preparation of a planned unit development to assure developments of the quality desired by the City.
5. Design Standards. The general improvement and design standards within this chapter shall govern the PUD subdivision. Variations allowed below are granted with the approval of the Preliminary and Final Plats.
The purpose of this section is to permit the development of cluster or conservation residential subdivisions in which buildings and dwellings are grouped closer together and on smaller sized lots than otherwise permitted in this chapter. The concept of conservation subdivision design will provide for flexibility in lot layout to fit the natural characteristics of the land and will permit more usable open space, common ground, and recreational areas. The provisions of this section shall not be construed to apply to any other section of this chapter. However, all other sections of this chapter shall apply to conservation subdivisions unless specifically exempted by this section. The following provisions apply:
1. The zoning district lot, yard, and bulk requirements may be varied provided that adequate open space shall be included to ensure that the average land area per dwelling unit shall be equal to or greater than that permitted for the district in which the development is located.
2. The total land area of the subdivision divided by the total number of single residential units provides the average land area per residential unit. Total land area of the subdivision shall include all open space and common and recreational areas, but shall not include land set aside for ponds and lakes within the subdivision or the traffic surface area of the streets.
3. Open space, common ground, or recreational areas shall be provided for the use and benefit of all family dwelling units in the development and the same stated in the covenants.
4. A conservation subdivision shall be placed to protect environmental areas as the purpose of the cluster subdivision. The easement shall protect the land for disturbing activities such as removal of vegetation, filling, grading, excavating, or any other manmade activity that is not meant to protect environmental features. The City may require additional building development buffers adjacent to conservation easements. Environmental areas include but are not limited to:
A. Wetlands as identified by the Iowa Department of Natural Resources;
B. Floodplains as identified by FEMA;
C. Forests, prairie, or other habitats; and
D. Historic or archaeological sites.
5. The majority of the grouped lots should abut the open space or common or recreational area with the remainder of the lots provided access through a walkway easement and with appropriate screening provided.
6. In no case shall approval be granted to subdivisions which include lots containing less than 50 percent of the minimum lot area required by the zoning district for the area.
7. As a condition of approving the cluster subdivision and permitting exceptions to the standard subdivision requirements, the subdivider shall submit with the Final Plat, a subdivider’s agreement regarding the liability for and maintenance of the open space, common ground, and recreation areas. A statement shall be included on the Final Plat indicating the open space covenants and designating the entity that maintains and enforces the covenants.
8. The City may accept dedication of the conservation easement to the common open space as long as the open space is accessible to the residents of the City and the City has access to maintain the common open space.
The purpose of this section is to permit the development of mixed-use subdivisions that includes two or more land uses that would not be allowed within one zoning district. The mixed-use PUD subdivision allows a subdivider to state their intent for mixed-use development and prevent the need for zoning district changes in the future. The mixed-use subdivision procedure shall occur with the procedure to zone the area for a PAD District. The following provisions apply:
1. The subdivision shall provide the required open space as described in this chapter. The open space shall be utilized as a landscape buffer or barrier separating the residential units from the other uses.
2. The Final Plat shall indicate the use of each lot.
3. The subdivider shall indicate variations from traditional design standards in this chapter. Variations are only allowed for minimum lot sizes, minimum block lengths, alley development, street pavement width, and street right-of-way width.
4. The Commission and Council shall determine the subdivision is consistent with the policies and recommendations of the Comprehensive Plan as described in Section 170.61 of this chapter.
The following provisions shall apply to non-residential 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 this chapter, as well as such additional standards required by the Council, and shall conform to the proposed land use and standards established in the Comprehensive Plan and other City 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 stormwater 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.
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