1. Division of Land Request. Whenever the owner of any lot, tract or parcel(s) of land within the unincorporated area of Marion County wishes to divide or subdivide land, the applicant shall cause to be prepared a division of land request for the purpose of determining whether the proposed land division shall be accomplished via specific quantity description, plat of survey, minor plat of subdivision or plat of subdivision. Four copies of the division of land request shall be submitted to the Zoning Administrator. The Zoning Administrator shall forward one copy of the request each to the County Auditor, County Engineer and Environmental Health who shall each provide their recommendation and requirements regarding the land division to the Zoning Administrator within six (6) working days. Within ten (10) working days, the Zoning Administrator will notify the applicant of the required method, procedures and requirements for the proposed division of land.
2. Specific Quantity Description. Whenever a specific quantity description may be permitted for the division or subdivision of land, the applicant shall cause to be prepared all documents as required by the Zoning Administrator, County Auditor, County Engineer and Environmental Health. The applicant shall provide two copies of said documents to the Zoning Administrator’s office for review. Within fifteen (15) working days, the Zoning Administrator shall notify the owner of any and all revisions required prior to approval. The owner shall then provide two copies of a revised submittal to the Zoning Administrator for final review. Within five (5) working of resubmission, provided all required revisions have been satisfactorily completed, the County Auditor and Zoning Administrator shall approve the specific quantity description and both shall sign and date said description prior to recording. The owner shall then pick up the approved land division from the County Auditor’s office and submit all documents to the County Recorder for recording purposes. Approval of the land division shall be null and void unless the land division is recorded within one year after the date of approval by the Zoning Administrator. No parcel of land created by specific quantity description shall be considered buildable unless specifically designated as such by the Zoning Administrator, following a more detailed review and coordination with the County Engineer and Environmental Health Department.
3. Plat of Survey. Whenever a plat of survey may be permitted or required for the division or subdivision of land, the applicant shall cause to be prepared a plat of survey in accordance with Section 56.07 hereof and Chapters 354 and 355 of the Iowa Code. The applicant shall submit three copies of the plat of survey to the Zoning Administrator. The Zoning Administrator shall forward one copy of the plat of survey to the County Engineer and one copy to Environmental Health for their review. The County Engineer and Environmental Health shall provide their review comments to the Zoning Administrator within fifteen (15) working days. Within twenty (20) working days, the Zoning Administrator shall notify the applicant of any and all revisions required prior to approval. The owner shall then provide three copies of the revised submittal with all necessary revisions and documentation, including the required note on the plat stating whether each parcel is designated as buildable or for agricultural purposes only, to the Zoning Administrator for final review. Within ten (10) working days of resubmission, provided all required revisions have been satisfactorily completed, the Zoning Administrator shall approve the plat of survey and both shall sign and date said description prior to recording. The owner shall then pick up the approved land division from the Zoning Administrator’s office and submit all documents to the County Recorder for recording purposes. Approval of the plat of survey shall be null and void unless the plat is recorded within one year after the date of approval by the Zoning Administrator. If approval is denied by the Zoning Administrator
on the basis of a lack of compliance with the design standards in this chapter, the applicant may submit the plat of survey to the Zoning Commission for their recommendation, said recommendation shall than be forwarded to the Board for their approval or denial of the land division.
4. Minor Plat of Subdivision. Whenever a minor plat of subdivision may be permitted or required the applicant shall cause to be prepared a plat of survey in accordance with Sections 56.07 and 56.10 hereof and Chapters 354 and 355 of the Iowa Code, said plat of survey shall be titled “Minor Subdivision.” Five copies of the minor plat of subdivision shall be submitted to the Zoning Administrator for review. The submittal must include the plat and information as outlined in Section 56.10 and include the appropriate fee. The Zoning Administrator shall distribute the minor plat to the County Auditor, County Engineer, and Environmental Health for review. The Zoning Administrator will provide a consolidated list of corrections that are required to meet the minimum standards of this Ordinance, including the required note on the plat stating whether each lot or parcel is designated as buildable or for agricultural purposes only. The owner shall submit ten (10) copies of the revised minor plat and other information to the Marion County Zoning Commission for its study and approval. The Zoning Commission shall study the proposed minor plat of subdivision, hear citizen comments; consider the recommendations of the Zoning Administrator, County Engineer, and Environmental Health; and make its recommendations. The Commission shall approve, approve with conditions or reject such plat within sixty (60) days after the date of submission thereof to the Commission. If the Commission does not act within sixty (60) days, said plat shall be deemed to be approved; provided, however, the subdivider may agree to an extension of the time for a period not to exceed ninety (90) days. The approval of the minor plat of subdivision by the Commission shall be null and void unless said plat is submitted to the Board of Supervisors within one hundred eighty (180) days after date of approval by the Commission. The applicant shall submit ten (10) copies of the approved plat, along with the Commission’s recommendation of approval, for final approval by the Board. The applicant shall submit the approved minor plat of subdivision to the County Recorder. No plat shall be recorded that has not been certified as approved by the Board. Approval of said plat shall be null and void unless the plat is recorded within one year after the date of approval by the Board.
5. Plat of Subdivision. Whenever a subdivision plat is required the applicant shall cause to be prepared a preliminary plat and a final plat. The preliminary plat and final plat shall not be submitted for consideration at the same meeting of either the Zoning Commission or the Board of Supervisors.
A. Preliminary Plat
. A preliminary plat shall be prepared by a land surveyor licensed in Iowa in accordance with Sections 56.07 and 56.08 hereof. Four copies of the preliminary plat shall be submitted to the Zoning Administrator for review. The submittal must include the plat and information as outlined in Section 56.08 and include the appropriate fee. The Zoning Administrator shall distribute the preliminary plat to the County Auditor, County Engineer, and the County Sanitarian for staff review. The Zoning Administrator will provide a consolidated list of corrections that are required to meet the minimum standards of this ordinance. The owner shall submit ten (10) copies of the revised preliminary plat and other information, including a waiver for the construction of private streets, to the Marion County Zoning Commission for its study and approval. The Zoning Commission shall study the proposed preliminary plat, hear citizen comments, consider the recommendations of staff, and make its recommendations. The Commission shall approve, approve with conditions or reject such plat within sixty (60) days after the date of submission thereof to the Commission. If the Commission does not act within sixty (60) days, the preliminary plat shall be deemed to be approved; provided, however, the subdivider may agree to an extension of the time for a period not to exceed ninety (90) days. However, if the preliminary plat includes any public improvements or in absence of a recommendation from the County Engineer that all improvements shall be private, the Zoning Administrator shall forward ten (10) copies of said preliminary plat to the Board of Supervisors for their approval before said preliminary plat shall be deemed as approved. The approval of the preliminary plat by the Commission, and Board whenever so required, shall be null and void unless the final plat for at least a portion of the preliminary plat is presented to the Commission within one hundred eighty (180) days after date of preliminary approval.
(1) Public Hearing. Before reviewing a preliminary plat, the Commission may in its discretion hold a public hearing, notice of which shall be given by publication in a local newspaper, and by posting notices on the tract, both seven (7) days prior to such public hearing. Notice of public hearing shall also be given to all property owners within five hundred (500) feet (200 feet for property zoned “R”) of the plat boundaries by placing said notice in the United States Mail at least seven (7) days before date of such hearing. If the subdivider is the only adjacent land owner within 500 feet or 200 feet of the plat boundary, notice shall be sent to the next adjacent land owners. The notice shall state the time and place at which the preliminary plat may be examined.
B. Final Plat
. A final plat shall be prepared by a land surveyor licensed in Iowa in accordance with applicable Codes of Iowa and shall note whether each lot or parcel is designated as buildable or for agricultural purposes only. The subdivider shall submit to the Commission for its approval or rejection, ten (10) copies of a final plat of the subdivision which shall contain the data and information outlined in Section 56.09 of this chapter. If the Commission approves the plat, such approval and the date thereof shall be noted on the plat over the signature of the Chairperson of the Commission. The approval of the final plat by the Commission shall be null and void unless the final plat is submitted to the Board of Supervisors within one year after date of approval by the Commission.
(1) Final Approval. After approval of the final plat of the subdivision by the Commission, the recommendation of approval and ten (10) copies of the final plat shall be submitted to the Board of Supervisors by the Commission for final approval and for the acceptance of all public roads, streets, alleys, easements, parks or other areas reserved for or dedicated to the public, along with the required surety bonds or checks guaranteeing that the improvements required under Section 56.09 herein shall be installed.
(a) No final plat shall be approved by the Board until all required public improvements have been installed and accepted or until appropriate surety is provided, all in conformance with Section 56.09.
(b) No building permits shall be issued by the Zoning Administrator for any lot in said plat until all necessary private streets have been installed in conformance with Section 56.09.
(2) Filing. The final plat, as approved by the Board, shall be filed with the County Auditor and Recorder in accordance with the provisions of existing statutes and following procedures as required by said Auditor and Recorder. Approval of the final plat by the Board of Supervisors shall be null and void if the plat is not recorded within thirty (30) days after date of approval, unless application for an extension of time is made in writing during said 30-day period to the Board, and granted. The provisions of this section are also applicable to all plats approved prior to the effective date of the ordinance codified in this chapter.
(a) No final plat shall be recorded unless it has been stamped as approved by the Board of Supervisors.
(b) No final plat shall be recorded if said plat includes a private street that does not meet the minimum standards required herein unless a consent and waiver is recorded for each lot within the subdivision stating that the cost for any improvements to bring the private street up to minimum standards shall be the responsibility of the property owner(s).