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All plats, re-plats or subdivision of land for the purpose of laying out a portion of the City, an addition thereto, or, pursuant to Section 354.9 of the Code of Iowa, suburban lots within two (2) miles of the corporate limits of the City, for other than agricultural purposes shall be submitted to the Council and Planning and Zoning Commission of the City in accordance with the provisions of this chapter and shall be subject to the requirements established by this chapter.
No plat or subdivision within the City or within two (2) miles thereof shall be filed or recorded with the County, nor shall any plat or subdivision have any validity until it complies with the provisions of this chapter and has been approved by the Council as prescribed herein.
1. Building Permits. The City shall not issue building permits for any structure located on a lot in any subdivision, the plat of which has been prepared after the date of the adoption of this Code of Ordinances but which has not been approved in accordance with the provisions contained herein.
2. Public Improvements. The Council shall not permit any public improvements over which it has any control to be made or any money expended for improvements in any area that has been subdivided or upon any street that has been platted after the date of the adoption of this Code of Ordinances unless such subdivision or street has been approved in accordance with the provisions contained herein.
Any person who disposes of or offers for sale any lot or lots within the area of jurisdiction of this chapter, until the plat thereof has been approved by the City Council and recorded as required by law, shall forfeit and pay one hundred dollars ($100.00) for each lot or part of lot sold, disposed of or offered for sale. 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.
For the purpose of this chapter, the following terms and words are defined.
1. “Alley” means a permanent service way providing a secondary means of access to abutting properties.
2. “Block” means a tract of land bounded by streets, railroad rights-of-way, shorelines of waterways, public parks, cemeteries, corporate boundaries, or the boundary of the subdivision.
3. “Bond” means any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the City Attorney and approved by the City Council.
4. “Building” means any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind.
5. “Building line” means a line established on a plat as a restrictive covenant, beyond which no building may be placed. The building lines need not correspond to the front, side, or rear yard requirement established in the Zoning Regulations of this Code of Ordinances and where they do not, the most restrictive requirement will control.
6. “City Engineer” means the professional engineer registered in the State of Iowa designated as City Engineer by the City Council.
7. “Commission” means the Planning and Zoning Commission of the City of Osceola, Iowa.
8. “Cul-de-sac” means a short minor street having one end open to motor traffic, the other end being permanently terminated by a vehicular turnaround.
9. “Developer” means the owner of land proposed to be subdivided or the owner’s agent.
10. “Easement” means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of said owner’s property.
11. “Final plat” means the map or drawing, on which the subdivision plan is presented in the form which, if approved by the Council and Commission, will be filed and recorded with the County Recorder.
12. “Frontage” means that side of a lot abutting on a street; the front lot line.
13. “Improvements” means changes to land necessary to prepare it for building sites including but not limited to grading, filling, street paving, curb paving, sidewalks, walkways, water mains, sewers, drainage ways, and other public works and appurtenances.
14. “Lot” means a tract of land represented and identified by a number or letter designation on an official plat.
15. “Lot, corner” means a lot situated at the intersection of two streets.
16. “Lot, double frontage” means any lot that is not a corner lot that abuts two streets.
17. “Preliminary plat” means a study or drawings indicating the proposed manner or layout of the subdivision which is submitted to the Council and Commission for consideration.
18. “Street” means a right-of-way dedicated to and accepted for the public use, which affords the principal means of access to abutting property.
A. “Collector street” or “secondary street” means a street intended to carry vehicular traffic from residential streets to thoroughfare streets.
B. “Residential street” means a street used primarily for access to abutting property.
C. “Thoroughfare street” or “major street” means a street intended for cross-town or through traffic.
19. “Street pavement” or “roadway” means the wearing or exposed surface of the street right-of-way used by vehicular traffic. The pavement width is measured from the back of the curb on one side to the back of the curb on the other side.
20. “Street right-of-way” means the area measured between property lines, dedicated to and accepted for public use and providing access to abutting properties.
21. “Subdivider” means any person who shall lay out, for the purpose of sale or development, any subdivision or part thereof as defined herein, either individually or for others.
22. “Subdivision” means the division of a tract of land into three (3) or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land.
23. “Surveyor” means a registered land surveyor who engages in the practice of land surveying pursuant to Chapter 542B of the Code of Iowa.
The subdivider shall, at his or her expense (unless otherwise excepted through the options identified in Section 170.15, subsection 4), install and construct all improvements required by this chapter. The improvements set forth below shall be considered the minimum improvements necessary to protect the public health, safety and welfare.
1. Streets. The subdivider of land being subdivided shall provide the grading of the entire street right-of-way, alley or public place and provide appropriate paving, including curb and gutter on all streets. All streets and alleys within the platted area which are dedicated for public use shall be brought to the grade approved by the Council.
2. Sanitary Sewers. The subdivider shall provide the subdivision with a complete sanitary sewer system which shall connect with a sanitary sewer outlet approved by the Council. The sewers shall extend to the subdivision boundaries as necessary to provide for the extension of the sewers by adjacent property.
3. Storm Drains. The developer shall provide the subdivision with adequate drains, ditches, culverts, complete bridges, storm sewers, intakes, and manholes, to provide for the collection and the removal of all surface waters, and these improvements shall extend to boundaries of the subdivision so as to provide for extension by adjoining properties.
4. Water. The subdivider shall provide the subdivision with a complete water main supply system including hydrants, valves, and all other appurtenances which shall be extended into and through the subdivision to the boundary lines, and which shall provide for a water connection for each lot, and shall be connected to the City water system.
5. Markers. An iron or steel rod not less than one-half inch (1/2²) in diameter and twenty-four inches (24²) in length shall be placed as follows:
A. At the intersection of all lines forming angles in the boundary of the subdivision.
B. At block and lot corners and changes in direction of block and lot boundaries.
6. Other Improvements. The owner and subdivider of the land being platted shall be responsible for the installation of sidewalks within the street area; the installation of crosswalks, as necessary; grading, seeding or sodding of all lots; and the provision of street lighting.
Improvements in the two-mile control area shall be the same as required above, provided they are not less than that required by any regulations currently in force or hereafter adopted by Clarke County, and provided further that all road and drainage construction plans shall be approved by the County Engineer.
Where connection to the City sewer or water system cannot reasonably be made, the City may approve alternate facilities for the distribution of water or the collection and disposal of sanitary wastes. Such alternate systems shall be designed to fully protect the public health, safety and welfare, and shall meet all requirements of State, County or other applicable health regulations. Prior to granting approval of such alternate systems, the City shall require that the owner and subdivider provide to the City a waiver of assessment protest or such other legally binding documents necessary to protect the City from the expense of the subsequent installation of sewer or water facilities.
In addition to the standards set forth in this chapter, improvements to the sanitary sewer system shall conform with the requirements set forth in the Sewer Department Rules and Regulations, as adopted by resolution of the Council; and improvements to the water system shall conform with the requirements set forth in the Osceola Water Works Rules and Regulations, as adopted by resolution of the Osceola Water Utility Board of Trustees. Such requirements may vary for classes of improvements, giving due regard to the extent and character of the area to be served or potentially served by the improvements. Upon adoption by resolution of the appropriate governing body, such requirements and standards for improvements shall have such force and effect as if they were fully set forth herein.
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