170.69 SITE AND AREA PROTECTION.

1.   Preservation of Natural Features. Existing features which would add value to a proposed residential development, the surrounding area, or to the City as a whole, such as trees, watercourses, scenic features, ground cover, environmentally sensitive areas, and similar irreplaceable assets, shall be preserved and retained to the maximum extent possible in the design of the proposed subdivision. No trees shall be removed from any proposed subdivision nor any change of grade of the land affected until approval of the Preliminary Plat and construction plans has been granted. When a proposed subdivision contains such features, the subdivider shall prepare and present a protection or preservation plan with the construction plans for approval. The City may require the subdivider to proceed under a cluster PUD Subdivision, described herein.

2.   Soil Erosion and Sediment Control. The subdivider shall prepare plans and submit copies of permit applications for the pollution control measures to be implemented during the construction activities. A General Stormwater Permit No. 2 application shall be prepared for the Iowa Department of Natural Resources when applicable. Such pollution prevention plans shall be submitted with the grading plans included with the construction plans. A subdivider shall grade any portion of the area within the proposed subdivision only in conformity with the approved grading plan and install the erosion control measures as detailed.

170.70 RESERVED.

ENFORCEMENT AND OTHER PROVISIONS

170.80 ENFORCEMENT AND PENALTIES.

No plat or subdivision in the City or within the described extraterritorial jurisdiction or as per a subdivision 28E agreement with the County thereof shall be recorded or filed with the County Auditor or County Recorder, nor shall any plat or subdivision have any validity until it complies with the provision of this chapter and has been acted upon by the Council as prescribed herein. In addition to other remedies or penalties prescribed by the law, the provisions of this chapter shall be enforced as follows:

1.   No person who is the owner, subdivider, or representative working on behalf of the owner of real estate located within the jurisdiction of this chapter shall divide a tract of land into two or more parcels or lots without the preparation of the appropriate plat and submission of said plat in accordance with the provisions of this chapter.

2.   Any person who shall dispose of or offer for sale, or lease any lot or lots within the area of jurisdiction of this chapter, until the plat shall have been approved, acknowledged and recorded, as provided by this chapter, or waived as per the 28E agreement, and Chapter 354 of the Code of Iowa, shall incur a civil infraction charge for each lot or part thereof sold, disposed of, leased, or offered for sale.

3.   The owner, subdivider, or other person representing or working on behalf of the owner whose actions do not comply with any provision of this chapter shall incur the charge of a civil infraction and be subject to the penalties as detailed in this Code of Ordinances. Nothing contained herein shall in any way limit the City’s right to any other remedies available to the City for the enforcement of this chapter.

4.   No public improvements over which the Council has control shall be made with City funds, nor shall any City funds be expended for street maintenance, street improvements or other services in any area that has been subdivided after the initial adoption of Ordinance 170 (February 6, 1967) unless such subdivision has been approved in accordance with the provisions of this chapter and the required improvements accepted by the City as detailed in this chapter.

5.   No building permit shall be issued for construction on any lot, parcel, or tract where a subdivision is required by this chapter, unless and until the plat for such subdivision complies with the provisions of this chapter and the required improvements accepted by the City as detailed in this chapter.

170.81 SEVERABILITY.

If any section or provision of this chapter is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole, or any section or part thereof not adjudged invalid or unconstitutional.

170.82 CONFLICTING ORDINANCES.

Nothing contained herein shall serve to abrogate, limit, repeal, or otherwise modify any other ordinances or regulations except as expressly set forth herein. If any provision of this regulation conflicts with any other provision of this chapter or with any other regulations or ordinances, the most restrictive shall apply.