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1. The purpose of the pre-application procedure is to afford the subdivider an opportunity to meet and receive the advice and assistance of the administrative official, and to consult early and informally with the administrative official before preparation of the preliminary plat and before formal application for its approval, in order to save time and money and to make the most of the subdivider’s opportunities.
2. The subdivider should also consult with parties potentially interested, with the subdivider or with the ultimate users of the development, such as lending and mortgage insurance institutions, with a view to reaching, at this initial stage, firm conclusions regarding what part of the market demand should be served, the suitability of the location of the proposed subdivision, the most advantageous subdivision plan, the arrangement of streets, lots and other features of the proposed development.
3. Either at the time of meeting or within 15 days after such meeting and discussion, the administrative official shall inform the subdivider that the plans and data, as submitted or as modified, do or do not meet the objectives of these subdivision regulations. When the administrative official finds the plans and data do not meet the objective of these subdivision regulations, said official shall express the reasons therefor.
1. Preparation. On reaching conclusions informally, as recommended in Section 176.01 of this chapter, regarding the general program and objectives, the subdivider shall cause to be prepared a preliminary plat, together with improvement plans and other supplementary material as specified in Section 176.06 of this chapter.
2. Initial Submittal, Requirements. For initial submittal, five prints of the preliminary plat shall be provided for review by the City. Preliminary plats and fees shall be submitted to the administrative official in accordance with the submittal and review schedule approved by the Council. The administrative official shall immediately refer one copy to the City Engineer upon receipt of a preliminary plat.
3. Land Subject to Flooding or Poor Drainage. No land shall be approved for subdivision which is subject to periodic flooding or which contains extremely poor drainage facilities. However, if the subdivider agrees to make improvements that will, in the opinion of the subdivider’s engineer, make the area completely safe for occupancy, and provide adequate drainage, the preliminary plat may be approved upon recommendation of the City Engineer.
4. Notice of Meeting Time and Place. The administrative official shall notify the owner or subdivider as to the time and place of the meeting when the plat will be reviewed. The administrative official may direct that the owner or subdivider attend any deliberation on the submitted plat.
5. Review and Action; Time Limit. The Commission shall study and act on the preliminary plat and the City Engineer shall study said plat and plans in regard to street layout and the provision of water and sewage and make recommendations on these aspects to the Commission, all to be accomplished within 45 days after submittal to the administrative official. If the Council disapproves a plat, the reasons for disapproval shall be remedied prior to further consideration. The plat shall not be approved and construction shall not begin until the plans and specifications for necessary improvements have been reviewed by the City Engineer and approved by the Council.
6. Favorable Action. If the Commission acts favorably on a preliminary plat, a notation to that effect shall be made on the plat above the signature of the Chairperson and Secretary, and it shall be referred to the Council for action. The Council shall act within 45 days. The Council’s action shall be noted on the plat, signed by the Mayor, attested to by the City Clerk, and returned to the subdivider for compliance with final plat requirements.
7. Conditional Approval; Rights of Applicant; Time Limit. Conditional approval of the preliminary plat shall confer upon the applicant the following rights for a two-year period from the date of approval:
A. The general terms and conditions under which the preliminary approval was granted will not be changed.
B. The applicant may submit on or before the expiration date the whole or part of said plat for final approval.
C. No more than two building permits on land zoned for R Residential Districts, and no more than one building permit on land zoned for C Commercial, and M Industrial Districts shall be issued for any parcel or plat of land that was created by subdivision. However, such structures shall not be occupied or sold prior to the granting of final approval for the subdivision by the Council and recording of the plat thereof.
D. After prior Council approval, and subject to obtaining site plan approval in property zoned for C Commercial or M Industrial Districts, a property owner may construct or locate a temporary commercial structure; provided, said temporary commercial structure shall not be occupied after one year following site plan approval, and shall be removed within 13 months of such approval.
1. Installation of Improvements. Before consideration of a final subdivision plat, the subdivider shall have installed the improvements required under Chapter 178 of these subdivision regulations, or the Commission shall require the posting of adequate performance guarantees with the administrative official to assure the installation of the required improvements within one year after final approval of the plat.
2. Submission Requirements. The final plat or, in the case of a large subdivision, a final plat or part of the area covered by the approved preliminary plat, and final plat fees shall be submitted to the administrative official. Initially, five prints of the final plat shall be submitted to the City for review. The final plat shall be accompanied by a statement from the Engineer that said officer has prepared
as-constructed plans showing all utilities in exact location and elevation, identifying those portions already installed. The subdivider shall comply with one or a combination of the following:
as-constructed plans showing all utilities in exact location and elevation, identifying those portions already installed. The subdivider shall comply with one or a combination of the following:
A. Before the Council approves the final plat, all of the required improvements shall be constructed and accepted by formal resolution of the Council. Before passage of said resolution of acceptance, the City Engineer shall report that said improvements meet all City specifications and ordinances or other requirements and agreements between the subdivider and the City.
B. This requirement may be waived if the subdivider will post a cash or corporate surety bond or certified check or surety approved by the Council with the City, guaranteeing that said improvements will be constructed within a period of one year from final acceptance of the plat, such bond to be approved by the City Attorney. However, if surety is posted, final acceptance of the plat will not constitute final acceptance by the City of any improvements to be constructed. Improvements will be accepted only after their construction has been completed and inspection by appropriate City personnel certifying the improvements have been completed in conformance to specifications and standards of the City and ordinances of the City. No public funds will be expended in the subdivision until such improvements have been completed and accepted by the City.
C. The amount of the bond or certified check or other surety shall be for the actual estimated cost of the improvements, including all inspection services and tests conducted by the City and the amount of the estimate of the bond or certified check must be approved by the City Engineer.
D. The Council may waive the requirements of these subdivision regulations for the construction and installation of some or all of the improvements in case of re-subdivision where only the size, shape, and arrangement of the lots are being changed. However, such waiver shall be limited to existing improvements in good repair, as determined by the City Engineer. Improvements not existing or in poor repair shall meet the requirements of these subdivision regulations.
E. The Council may waive the requirements of these subdivision regulations for the construction and installation of some or all of the improvements in cases of dedication of land or rights-of-way to public use where such dedication is in excess of the needs of the subdivision and is desired by a public agency in lieu of a purchase or condemnation proceeding.
F. Bonds to secure liens, as provided in Section 354.12 of the Code of Iowa, may be approved by the Council.
3. Action By Commission. The administrative official shall immediately refer one copy to the City Engineer upon receipt of a final plat. The Commission shall be assisted by the City Engineer’s recommendations and shall act upon the final plat within 60 days after the date of submission for final approval to the administrative official.
4. Commission Approval. If approval is given, the Commission shall vote such approval on the plat over the signature of both the Chairperson and Secretary of the Commission, and the Commission shall then forward the plat to the Council for final approval and acceptance of all streets, alleys, ways, easements, parks, or areas preserved for, or dedicated to, the public.
5. Commission Denial. If the Commission does not recommend approval of the final plat of a subdivision, the Council may approve the plat and accept all streets, alleys, ways, easements, parks, or areas preserved for or dedicated to the public by a four-fifths vote by the entire membership of the Council.
6. Council Approval. Upon final approval by the Council, one reproducible Mylar and six prints of the approved final plat and one reproducible Mylar set of as-constructed plans, and two sets of prints of construction plans will be filed with the administrative official.
7. Filing With County Recording Officer. After final approval by the Council, the City shall notify the owner or the subdivider, and the subdivider shall cause a plat to be filed with the County recording officer, as provided by the Code of Iowa, and shall file satisfactory evidence of such recording in the office of the administrative official of the City before the City shall recognize the plat as being in full force and effect.
1. General subdivision information shall describe or outline the existing conditions of the site and the proposed development, as necessary to supplement the drawings required in this subsection. This information may include data on existing covenants, land characteristics, and available community facilities and utilities; and information describing the subdivision proposal, such as number of residential lots, typical lot width and depth, business areas, playgrounds, park areas, and other public areas, proposed protective covenants, and proposed utilities and street improvements.
2. A location map shall show the relationship of the proposed subdivision to existing community facilities that serve or influence it. This map shall include the development name and location; scale, north arrow and date; main traffic arteries; and, if requested by the City, other significant features such as public transportation lines; shopping areas; elementary and high schools; parks and playgrounds; principal places of employment; and community features such as railroad stations, airports, hospitals and churches.
3. A sketch plan on a topographic survey may (if available) show, in simple sketch form, the proposed layout of streets, lots, and other features in relation to existing conditions. The sketch plan may be a freehand pencil sketch made directly on a print of the topographic survey. In any event, the sketch plan shall include either the existing topographic data listed in Subsections 176.06(5) and (6) of this chapter or such of these items or data as the Commission determines is necessary for its consideration of the proposed sketch plan.
The preliminary plat shall be drafted or computer generated on suitable reproducible Mylar or other material of suitable quality with black ink or laser jet plotter at a scale of one inch equals 100 feet or larger on
24-inch by 36-inch size sheet. It shall show all the following existing and proposed data and conditions:
24-inch by 36-inch size sheet. It shall show all the following existing and proposed data and conditions:
1. Initial submittal date and all subsequent revision dates, scale and north point.
2. Location of the plat by quarter section, township and range, and any other necessary legal description to describe the boundary lines of the proposed subdivision.
3. Approximate total area of proposed subdivision.
4. Names and addresses of the owner or owners and subdivider of tract and engineer or person preparing plat and information.
5. Topographic map, reference to City datum, of the area showing contours at a minimum of two-foot intervals.
6. Water elevations of adjoining lakes, rivers, and streams at date of survey and their approximate high and low water elevations. All elevations shall, when possible, refer to established City datum.
7. Location and name of the subdivision to be approved and location and names of adjacent subdivisions and owners of adjoining parcels of unsubdivided land.
8. Present zoning district classification of land to be subdivided and all adjacent lands.
9. Location, widths, and names of all existing, platted, or dedicated streets, easements, railroad and utility rights-of-way, parks, watercourses, drainage ditches, permanent buildings and structures, section and township lines and such other data as may be required by the Commission within the area being subdivided and within 100 feet of the exterior boundaries thereof.
10. Location, size, and flow elevations, to City datum, of existing and proposed sanitary and storm sewers, locations and size of water mains, fire hydrants, culverts, and other underground facilities within the area being subdivided and within 100 feet of exterior boundaries thereof, also location of easements for gas lines, electric, and telephone lines or poles, and street lights if other than within street right-of-way.
11. Lengths and bearings of the exterior boundaries of land being subdivided.
12. The location and width and names of all proposed streets and rights-of-way and easements, whether public or private, for public and private utilities. Street names shall be the same as existing street names if the proposed street is an extension of the existing street. Access to public streets shall be required in all subdivisions.
13. The location, type, and size of subdivision identification signs will be indicated on the plat. The subdivision identification sign shall be in compliance with the provisions of the zoning regulations.
14. Approximate dimensions of all lots.
15. Approximate radii of all curves and lengths of all tangents.
16. Approximate finish grades of all streets and surface drainage facilities with spot elevations given as necessary in critical areas, and where severe cuts or fills are proposed.
17. Approximate location and area of all property to be dedicated for public use or reserved by deed covenant for use by all property owners in the development, with a statement of the conditions of such dedication or reservation.
18. Where public water supply and sanitary sewers are reasonably available, the subdivider shall connect to these systems. Where the public systems are not available, the subdivider shall indicate the type of water supply and sewage treatment proposed to be provided. The subdivider shall include dry sewers where public sewer system is not available unless this requirement is waived by the Council.
19. Where subdivider proposes to serve the subdivision with private common water and sewage facilities, a feasibility report of common water and sewage facilities, where such facilities are to be incorporated in the final plat, will be submitted to the City for review and approval.
20. Percolation test results, minimum of one per acre, together with soil borings, a minimum of one for every acre, to indicate depth of water table and rock formation, when requested by the City Engineer.
21. A soil analysis obtainable from the United States Department of Agriculture, Natural Resources Conservation Service, or a soils report prepared by a registered geotechnical engineer when requested by the City Engineer.
22. Location of all stop signs and indication of speed limits on all streets.
The final plat shall be drawn in ink on reproducible Mylar or suitable paper, or computer generated on laser jet printer on sheets no smaller than 24 inches by 36 inches, and shall be at a scale of one inch equals 100 feet or larger. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the Commission. The final plat shall show the following:
1. All information required and shown on the preliminary plat as required in Section 176.06 of this chapter.
2. Accurate angular and linear dimensions for all lines, angles, and curvatures used to describe boundaries.
3. True angles and distances to the nearest street lines or official monuments.
4. Lines of adjoining streets and alleys, with widths and names.
5. Township, County and section lines accurately tied to the lines of the subdivision by distance and angles.
6. Radii, arcs and chords, points of tangency, central angles for all curvilinear streets and radii for all rounded corners.
7. Exact dimensions of all lots.
8. Identification of all lots and blocks using consecutive numbers.
9. Exact location and area of all land to be dedicated for public use or reserved by deed covenant for common use of all property owners with the purpose indicated thereon. All lands dedicated for public use, other than street, shall be marked “dedicated to public.” All protective or deed covenants or private restrictions shall be shown on the plat or correctly referenced.
10. Building setback lines as established by the zoning regulations or deed restrictions.
11. Where community type water and sewage facilities are not available, a statement that any lot sold or transferred will have a minimum width and area equal to that shown on the plat to accommodate private well and wastewater disposal system.
12. When a proposed entrance of the subdivision is onto a controlled access street or road, letter of approval of the City Engineer regarding such entrance shall accompany the final plat. Where such control is exercised by the Iowa Department of Transportation, the approval of this body shall accompany the final plat.
13. Certification by a licensed land surveyor that the plat represents a survey made by the surveyor that the monuments and markers shown thereon exist as shown.
14. Every plat shall be accompanied by:
A. Statement by the proprietors and their spouses, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an officer authorized to take the acknowledgment of deeds. The statement by the proprietors may also include a dedication to the public of all lands within the plat that are designated for streets, alleys, parks, open areas, school property, or other public use, if the dedication is approved by the Council.
B. Statement from the mortgage holders or lien holders, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an officer authorized to take the acknowledgment of deeds. An affidavit and bond as provided for in Section 354.12 of the Code of Iowa, as amended, may be recorded in lieu of the consent of the mortgage or lien holder. When a mortgage or lien holder consents to the subdivision, a release of mortgage or lien shall be recorded for any areas conveyed to the Council or dedicated to the public.
C. An opinion by an attorney at law who has examined the abstract of title of the land being platted. The opinion shall state the names of the proprietors and holders of mortgages, liens, or other encumbrances on the land being platted and shall note the encumbrances, along with any bonds securing the encumbrances. Utility easements shall not be construed to be encumbrances for the purpose of this section.
D. A certificate of the City Finance Director that the land is free from certified taxes and certified special assessments or that the land is free from certified taxes and that the certified special assessments are secured by bond.
E. A subdivision plat which includes no land set apart for streets, alleys, parks, open areas, school property or public use other than utility easements, shall be accompanied by the documents listed in Paragraphs A, B, and C of this subsection and a certificate of the Finance Director that the land is free from certified taxes other than certified special assessments.
F. A certificate by the owner or owners dedicating to the public for full public use all streets and street rights-of-way and other land designated as dedicated to public, and the granting of utility easements as shown on the plat. Such dedications shall also be accompanied with a deed, groundwater hazard statement and other documents required for conveyances under Iowa law in a form acceptable to the City. Easements shall also be accompanied by written easements in a form acceptable to the City.
G. A resolution of plat approval with the Mayor and Clerk’s certification.
H. Bonds as required under the terms and provisions of these subdivision regulations.
I. All submissions required by Iowa law for plats shall also accompany plat submissions.