CHAPTER 166 – Subdivision Regulations

CHAPTER 166

SUBDIVISION REGULATIONS

 

166.01 Jurisdiction 166.13 Sidewalks
166.02 Definitions 166.14 Sewer
166.03 Procedure 166.15 Electric Utility Cables
166.04 Subdivision Design Standards 166.16 Water Lines
166.05 Improvements Required 166.17 Preliminary Plat Requirements
166.06 Improvements Accepted – Bond 166.18 Final Plat Requirements
166.07 Waiver of Required Improvements 166.19 Fees
166.08 Plans and Specifications Required 166.20 Variations and Exceptions
166.09 Curb and Gutter 166.21 Recording Unapproved Plat Prohibited
166.10 Drainage 166.22 Expenditure of Public Funds Prohibited
166.11 Gas 166.23 Changes And Amendments
166.12 Paving  

 

166.01    JURISDICTION. This chapter governs the subdivision of all lands within the corporate limits and, pursuant to Section 354.9 of the Code of Iowa, within two (2) miles adjacent to said corporate limits.

166.02    DEFINITIONS. For the purpose of this chapter, the following terms and words are defined.

  1. “Architect” means a registered architect authorized to practice architecture as defined by the laws of the State of Iowa.

  2. “Block” means an area of land within a subdivision that is entirely bounded by streets, highways, parks, railroads or similar fixed land division and/or the exterior boundaries of the subdivision.

  3. “Building lines” are synonymous with setback lines and outline the buildable area of a lot which remains after the required yard areas have been provided for. Building lines shall be shown on all lots intended for residential use of any character, and on commercial and industrial lots when required by ordinance. Such building lines shall not be less than required by the zoning regulations. Where the subdivided area is not under zoning control, the Commission shall require building lines in accordance with the needs of each addition.

  4. “Collector streets” are those streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.

  5. “Commission” means the Planning and Zoning Commission of the City.

  6. “Cul-de-sac” means a short, minor street, having one end open to motor traffic, the other end being permanently terminated by a vehicular turn-around.

  7. “District” means a section or sections of land area depicted on the Official Zoning Map within which the regulations governing the use of buildings and premises or the height of buildings and area of sites are uniform.

  8. “Easement” means a grant by the property owner of the use for a specific purpose, of a strip of land by the general public, a corporation, or a certain person or persons, and within the limits of which the owner of the fee shall not erect any permanent structures but shall have the right to make any other use of the land subject to such easement which is not inconsistent with the rights of the grantee. Public utilities shall have the right to trim or remove trees which interfere with the use of such easements.

  9. “Engineer” means a registered engineer authorized to practice civil engineering as defined by the laws of the State of Iowa.

  10. “Lot” means a portion of a subdivision or other parcel of land intended for the purpose, whether immediate or future, of transfer of ownership or for building development.

  11. “Major thoroughfare” means a street used primarily for fast, intense volume, mixed vehicular, through traffic.

  12. “Marginal access street” means a street that is parallel to and adjacent to a major thoroughfare or highway; and which provides access to abutting properties and protection from through traffic, while limiting access to the major thoroughfares.

  13. “Minor street” means a street used primarily for access to the abutting properties.

  14. “Performance bond” means a surety bond or cash deposit made out to the City in an amount equal to the full cost of the improvements which are required by this chapter, said cost being estimated by the City Engineer, and said surety bond or cash deposit being legally sufficient to secure to the City that said improvements will be constructed in accordance with this chapter.

  15. “Plat” means a map, drawing or chart on which the subdivider’s plan of the subdivision is presented and which the subdivider submits for approval and intends to record in final form.

  16. “Roadway” means that portion of the street available for vehicular traffic, and where curbs are laid, the portion from back to back of curbs.

  17. “Street” means the entire width between the property lines abounded every way of whatever nature when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic and others, and whether designated as a street, highway, thoroughfare, parkway, throughway, expressway, road, avenue, boulevard, lane, place, circle, or however otherwise designated.

  18. “Subdivider” means any person, individual, firm, partnership, association, corporation, estate, trust, or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as defined herein and includes any agent of the subdivider.

  19. “Subdivision” means the division of land into three (3) or more lots or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or building development; or any change in existing street lines or public easements. The term, when appropriate to the context, relates to the process of subdividing or to the land subdivided, or the resubdivision of land heretofore divided or platted into lots or other divisions of land, or, if a new street is involved, any division of land.

  20. “Surveyor” means a registered surveyor authorized to practice surveying as defined by the Registration Act of the State of Iowa.

166.03    PROCEDURE. In obtaining final approval of a proposed subdivision by the Commission and the Council, the subdivider shall submit a preliminary plat and a final plat in accordance with the following order and procedure:

  1. File Preliminary Plat. The subdivider shall first prepare and file with the Clerk four (4) copies of a preliminary plat conforming in detail to the requirements set forth in this chapter; six (6) copies of the preliminary plat shall be submitted for subdivisions outside the corporate limits of the City.

  2. Referral of Preliminary Plat. The clerk shall forthwith refer two (2) copies to the City Engineer and two (2) copies to the Commission. In the case of a subdivision outside the corporate limits of the City, the Clerk shall refer two (2) copies of the preliminary plat to the County Board of Supervisors and keep the County Engineer advised of the status of the plat and actions taken thereon.

  3. Review By Engineer. The City Engineer shall carefully examine said plat as to its compliance with the laws and ordinances of the City, the existing street system and good engineering practices and shall, as soon as possible, submit findings in duplicate to the Commission.

  4. Approval or Rejection. After receiving the City Engineer’s report, the Commission shall study the preliminary plat and other material for conformity thereof to these regulations. The Commission may confer with the subdivider on changes deemed advisable and the kind and extent of such improvements to be made by the subdivider. The Commission in joint session with the Council shall approve or reject such plan within forty-five (45) days after the date of submission thereof to the Commission. If the Commission does not act within forty-five (45) 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 sixty (60) days. The approval of the preliminary plat shall be null and void unless the final plat is presented to the Commission within 180 days after date of approval.

  5. Public Hearing. Before approving a preliminary plat, the Commission may, in its discretion, hold a public hearing on the proposed plat, notice of which shall be given by publication in a local newspaper of general circulation or by posting notices on the tract, or by sending notices to affected property owners by mail. Such notice shall be given at least seven (7) days prior to the public hearing.

  6. Final Plat Preparation. Upon approval of the preliminary plat by the Commission, the subdivider may proceed with the preparation of the final plat together with any detailed construction drawings and specifications for the improvements required under this chapter.

  7. Engineering Approval. Before submitting the final plat to the Commission for approval, the subdivider shall furnish all plans and information necessary for the detailed engineering consideration of the improvements required under this chapter and obtain approval of the City Engineer, which shall be endorsed thereon.

  8. Final Plat Filed. The final plat shall be filed in duplicate together with a certificate from the City Engineer that the final plat is substantially in accord with the preliminary plat as approved by the Commission.

  9. Commission’s Action on Final Plat. The Commission shall then consider the final plat and if the same is approved, shall submit its recommendation of approval to the Council together with a certified copy of the resolution showing action of the Commission.

  10. Approval or Rejection of Final Plat. The Council shall then consider the plat and if the same is acceptable and in accordance with this chapter, the Council shall accept the same. If said plat is disapproved by the Council, such disapproval shall point out in writing wherein said proposed plat is objectionable.

  11. Recording Final Plat. The passage of a resolution by the Council accepting the plat shall constitute final approval of the platting of the area shown on the final plat, but the subdivider or owner shall cause such plat to be recorded in the office of the County Recorder of Marion County, Iowa, as provided in Chapter 354 of the Code of Iowa, and amendatory acts thereto, and shall file satisfactory evidence of such recording in the office of the Clerk before the City shall recognize the plat as being in full force and effect.

166.04    SUBDIVISION DESIGN STANDARDS. The standards and details of design herein contained are intended only as minimum requirements so that the general arrangement and layout of a subdivision may be adjusted to a wide variety of circumstances; however, in the design and development of a plat, the subdivider should use standards consistent with the site conditions as to assure an economical, pleasant and durable neighborhood.

  1. Blocks.

A. No block shall be longer than one thousand (1,000) feet, except as approved by the Commission.

B. At street intersections, block corners shall be rounded with a radius of not less than twenty-five (25) feet; where, at any one intersection, a curve radius has been previously established, such radius shall be used as standard.

  1. Easements. Easements for utilities shall be provided along rear or side lot lines or along alleys, if needed. Whenever any stream or important surface water course is located in an area that is being subdivided, the subdivider shall, at the subdivider’s own expense, make adequate provision for straightening or widening the channel so that it will properly carry the surface water, and shall reserve or dedicate to the City an easement along each side of the stream. Such easements shall be for the purpose of widening, improving, or protecting the stream. The width of such easements shall he not less than twenty (20) feet each, plus the street design width, and the total width of the easement shall be adequate to provide for any necessary channel straightening or relocation.

  2. Lots.

A. Corner lots shall be not less than twenty (20) feet greater in width than the minimum required interior lot width so as to permit adequate building setbacks on both front and side streets.

B. Double frontage lots other than corner lots are prohibited except where such lots back on to a major street or highway or except in the case of large commercial or industrial lots. Such double frontage lots shall be buffered from the rear street frontage by permanent screen walls, planting screens, or other screening method deemed acceptable by the Commission. Ingress-egress shall be limited to the frontage street and is strictly prohibited on the rear street.

C. Each lot shall be provided by means of a public street with satisfactory access to an existing public street.

D. Each lot shall be provided with not less than thirty (30) feet of access frontage to a public street.

E. No lot shall be less in size or shape required to provide an adequate building site in compliance to the zoning regulations.

F. For the purpose of complying with minimum health standards, the following minimum lot sizes shall be observed:

(1) Lots which cannot be reasonably served by an existing public sanitary sewer system and public water mains shall have a minimum width of one hundred (100) feet, measured at the building line, and an area of not less than twenty thousand (20,000) square feet or the minimum permitted by the zoning regulations, whichever is the larger.

(2) Lots which are not within a reasonable distance of a public sanitary sewer system but are connected to a public water supply main shall have a minimum width of eighty (80) feet and an area of ten thousand (10,000) square feet or the minimum permitted by the zoning regulations, whichever is the larger.

  1. Concrete Monuments. Monuments shall be placed at block corners, point of curves. Iron rods shall be placed at the change in direction along lot lines and at each lot corners.

  2. Streets and Rights-of-Way.

A. Alleys. Alleys may be required in business areas and industrial districts for adequate access to block interiors and for off-street loading and parking purposes. Except where justified by unusual conditions, alleys will not be approved in residential districts. Dead-end alleys shall be provided with a means of turning around at the dead end thereof.

B. Circulation. The street pattern shall provide ease of circulation within the subdivision as well as convenient access to adjoining streets, thoroughfares or unsubdivided land as may be required by the Commission. In a case where a street will eventually be extended beyond the plat, but is temporarily dead ended, an interim turnaround may be required.

C. Comprehensive Plan. All proposed plats and subdivisions shall conform to the comprehensive plan.

D. Continuation of Existing Streets. Proposed streets shall provide for continuation or completion of any existing streets (constructed or recorded) in adjoining property at equal or greater width, but not less than sixty (60) feet in width, and in similar alignment, unless variations are recommended by the Commission.

E. Cul-de-sac. Whenever a cul-de-sac is permitted, such street shall comply with the minimum requirements set forth on Sketch 2 attached to the ordinance codified in this chapter as applicable.

F. Dedication. A deed to the City shall be given for all streets before the same will be accepted for City maintenance.

G. Half Streets. Dedication of half streets will be discouraged. Where there exists a dedicated or platted half street or alley adjacent to the tract to be subdivided, the other half shall be platted if deemed necessary by the Commission.

H. Land Not Platted. Where the plat to be submitted includes only part of the tract owned by the subdivider, the Commission may require topography and a master plan of the entire tract of land under the ownership, mortgage purchase option or other agreements for deed.

I. Major Thoroughfares. When a new subdivision, except where justified by limiting conditions, involves frontage on a heavy traffic way, the street layout shall provide motor access to such frontage by one of the following means:

(1) A parallel street supplying frontage for lots backing onto the trafficway.

(2) A series of cul-de-sacs or short loops entered from and planned at right angles to such a parallel street, with their terminal lots backing onto the highways.

(3) An access drive separated by a planting strip from the highway to which a motor access from the drive is provided at points suitably spaced.

(4) A service drive or alley at the rear of the lots.

Where any one of the above-mentioned arrangements is used, deed covenants or other means should prevent any private residential driveways from having direct access to the trafficway.

J. Neighborhood Plan. If any overall plan has been made by the Commission for the neighborhood in which the proposed subdivision is located, the street system of the latter shall conform in general thereto.

K. Physical and Cultural Features. In general, streets shall be platted with appropriate regard for topography, creeks, wooded areas and other natural features which would lend themselves to attractive treatment.

L. Railroads. If a railroad is involved, the subdivision plat should:

(1) Be so arranged as to permit, where necessary, future grade separations at highway crossings of the railroad.

(2) Border the railroad with a parallel street at a sufficient distance from it to permit deep lots to back onto railroad; or form a buffer strip for park, commercial, or industrial use.

(3) Provide cul-de-sacs at right angles to the railroad so as to permit lots to back there onto.

M. Street Grades. Streets and alleys shall be completed to grades which have been officially determined or approved by the City Engineer. All streets shall be graded to the full width of the right-of-way and adjacent side slopes graded to blend with the natural ground level. The maximum grade shall not exceed six percent (6%) for main and secondary thoroughfares, or ten percent (10%) for minor or local service streets. All changes in grades on major roads or highways shall be connected by vertical curves of a minimum length equivalent to twenty (20) times the algebraic difference between the rates of grades, expressed in feet per hundred, or greater, if deemed necessary by the City Engineer; for secondary and minor streets, fifteen (15) times. The grade alignment and resultant visibility, particularly at intersections, shall be worked out in detail to meet the approval of the City Engineer.

N. Street Intersections. Street intersections shall be as nearly at right angles as possible.

O. Street Names. All newly platted streets shall be named and in a manner conforming to the prevailing street naming system. A proposed street that is obviously in alignment with other existing streets, or with a street that may logically be extended although the various portions be at a considerable distance from each other, shall bear the same name. Names of new streets shall be subject to the approval of the City in order to avoid duplication or close similarity of names. Street signs shall be furnished by subdivider and approved by the Council.

P. Street Widths. Streets shall have a width and cross-section as shown in the Comprehensive Plan for the type of street involved, and in any case the street shall be not less than sixty (60) feet in width.

166.05    IMPROVEMENTS REQUIRED. The subdivider shall be responsible for the installation and/or construction of all improvements required by this chapter, and shall warrant the design, material and workmanship of such improvements, installation and/or construction for a period of two (2) years from and after completion. Such warrant shall be by bond or other acceptable collateral; shall be subject to review by the City Attorney; shall specifically assure the expedient repair or replacement of defective improvements under warranty; and shall indemnify the City from any and all costs or losses resulting from or contributed to by such defective improvements.

166.06    IMPROVEMENTS ACCEPTED – BOND. Before the Council approves the final plat, all of the foregoing 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. This requirement may be waived if the subdivider will post a performance bond or certified check with the City guaranteeing that said improvements will be constructed within a period of one (1) year from final acceptance of the plat; however, if a performance bond 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 no public funds will be expended in the subdivision until such improvements have been completed and accepted by the City. If a performance bond is posted, such bond shall be subject to review by the City Attorney prior to acceptance; shall specifically assure the expedient installation and completion of all improvements within the specified construction time period; and shall indemnify the City from any and all costs or losses of the development and construction.

166.07    WAIVER OF REQUIRED IMPROVEMENTS. The Council may waive the requirements of this chapter, for the construction and installation of some or all of the improvements in cases of resubdivisions where only the size, shape and arrangement of the lots is being changed; provided, 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 this chapter. The Council may waive the requirements of this chapter for the construction and installation of some or all of the improvements in cases of dedications 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.

166.08    PLANS AND SPECIFICATIONS REQUIRED. All plans, specifications, installation and construction required by this chapter shall be subject to the review, approval and inspection by the City Engineer or other authorized City representative. The subdivider shall furnish the City Engineer with a construction schedule prior to commencement of any and/or all construction; and shall notify the City Engineer, not less than twenty-four (24) hours in advance of readiness for required inspections.

166.09    CURB AND GUTTER. Curb and gutter shall be required on all streets. All curb and gutter shall be constructed to the grade approved by the Council after receiving the report and recommendation of the City Engineer.

166.10    DRAINAGE. All subdivisions shall include storm drainage plans for the positive removal of storm waters. Such plans shall be prepared by a registered engineer and approved by the City Engineer. The following criteria shall be considered minimum standards:

  1. Run-off for street and limited area drainage shall be determined by the rational method.

  2. Area run-off shall be determined by a suitable empirical formula.

  3. Storm frequency chart for determination for rainfall intensity, shall be not less than ten (10) years.

  4. The system shall be designed with the use of materials, flow velocities and sizes so as to assure long life, low maintenance and self-cleaning of the drainage facilities. Storm sewers less than fifteen (15) inches inside diameter must be approved by the City Engineer.

  5. Underground storm drainage facilities shall be located to comply with the Typical Standards for Utility Locations Within Public Right-of-Ways.

  6. The designing engineer, upon the completion of construction, shall certify to the City that the drainage facilities have been constructed and installed in accordance with said engineer’s plans and specifications which have been designed to comply with the intent of this chapter.

166.11    GAS. Gas mains shall be installed underground and located to comply with the Typical Standards for Utility Location Within Public Right-of-Ways shown on sketch attached to the ordinance codified in this chapter.

166.12    PAVING. Concrete pavement shall be designed by a registered engineer in accordance with the Standard Specifications for Primary and Secondary Roads of the Iowa State Department of Transportation. (4,000 lbs. mix 6 to 8% air) The minimum surfaced roadway shall be thirty (30) feet unless a greater width is required by the major thoroughfares plan. The designing engineer, at the completion of construction, shall certify to the City that the pavement has been constructed and installed in accordance with said engineer’s plans and specifications.

166.13    SIDEWALKS. Sidewalks shall be required. Sidewalks shall be constructed to the grade approved by the Council after receiving the report and recommendation of the City Engineer.

166.14    SEWER. Where a public sanitary sewer is reasonably accessible, the subdivider shall provide each lot in the subdivision with connection to the sewer. Further, where the existing sewer may be reasonably extended through the subdivision so as to provide for continuous future development, such provisions shall be made. All sanitary sewers shall be located to comply with the Typical Standards for Utility Locations Within Right-of-Ways. All house laterals shall be installed to the right-of-way line prior to paving of the street. Sanitary sewers shall have a minimum diameter of eight (8) inches and be made available to each lot. Any plat that cannot reasonably be served by public sewer shall show results of soil percolation tests made by the engineer preparing the plat. Such tests shall be in accordance with the State Board of Health. The designing engineer shall furnish the City with three (3) certified copies of “as-built” plans and certify that the facilities have been installed in accordance with his plans and specifications. “As-built” plans shall specifically show service line stub locations.

166.15    ELECTRIC UTILITY CABLES. Underground electric cables shall be required and located to comply with the Typical Standards for Utility Locations within Public Right-of-ways, or shall be placed at the back lot lines within the area of perpetual easement.

166.16    WATER LINES. Where a public water main is accessible, the subdivider shall connect with such water main and provide a water connection for each lot and stubbed in to the proper line in accordance with the Water Department standards, procedure and supervision. Water mains shall have a minimum diameter of four (4) inches with larger sizes for feeder mains. Water mains shall be located to comply with the Typical Standards for Utility Locations within Public Right-of-Ways, or shall be placed at the back lot lines within the area of perpetual easement, with a minimum cover of sixty-six (66) inches. Water lines shall be available to each lot, and such service lines shall be installed prior to paving of the street. The designing engineer shall furnish the City with three (3) certified copies of “as-built” plans and certify that the facilities have been installed in accordance with said engineer’s plans and specifications. “As-built” plans shall specifically show service line stub locations.

166.17    PRELIMINARY PLAT REQUIREMENTS. The preliminary plat of a subdivision is not intended to serve as a record plat and shall be submitted for review separately and prior to submission of the final plat. Its purpose is to show on a map all facts needed to enable the Commission to determine whether the proposed layout of the land in question is satisfactory from the standpoint of the public interest. The subdivider or representative of the subdivider may call at the office of the Commission in advance of the preliminary plat in order to discuss the proposed subdivision and in order to obtain information as to the requirements necessary for approval of the plat.

  1. Number of Copies and Scale. Three (3) copies of the preliminary plat shall be submitted as prescribed for review. The scale of the map shall be 1″ = 50′ on small subdivisions and 1″ = 100′ on large subdivisions unless otherwise approved by the Commission.

  2. Contents of Preliminary Plat. A preliminary plat shall contain:

A. Areas dedicated for public use, such as schools, parks, playgrounds and streets.

B. Boundaries of the proposed subdivision shall be labeled and indicated by a heavy line.

C. Building setback lines for frontage and side streets.

D. Contour lines at intervals of not more than five (5) feet, MSL datum.

E. Corner radii.

F. Easements for public purposes.

G. Existing buildings, railroads, underground utilities, other rights-of-way and easements.

H. Location and names of adjoining subdivisions.

I. Location, names and widths of all existing and proposed roads, alleys, streets and highways in adjoining the area being subdivided.

J. Lot areas (approximate) of all non-rectangular lots and the area of smallest rectangular lot.

K. Lot numbers.

L. Name and address of engineer and surveyor.

M. Name and address of recorded owner and/or developer.

N. Name of subdivision, date, compass point, scale and official description and acreage of the property being platted.

O. Proposed lot lines with approximate dimensions.

P. Proposed utility service.

(1) Source of water supply.

(2) Provision for sewage disposal, drainage and flood control.

  1. Accompanying Material. The following shall be submitted with a preliminary plat:

A. An abstractor’s title together with an attorney’s opinion, in duplicate, showing that the fee title to the subdivision is in the owner as shown on the plat and showing any encumbrances that may exist against said land.

B. Any plat that cannot reasonably be served by public sewer shall show results of soil percolation tests made by the engineer preparing the plat. Such tests shall be made in accordance with specifications approved by the City Engineer.

C. Restrictions proposed, if any, to be included in the owner’s dedication of the plat.

D. Written statement of the appropriate officials of the availability of gas and electricity to the proposed subdivision.

E. Written and signed statements explaining how and when the subdivider proposed to provide and install all required improvements required by this chapter. Such statement shall acknowledge required inspections and approvals by the City Engineer.

166.18    FINAL PLAT REQUIREMENTS. A final plat shall comply with the following minimum requirements.

  1. Number of Copies and Scale. When and if the preliminary plat is approved, the subdivider shall submit six (6) copies of the final plat for review by the Commission. The scale of the map shall be 1″ = 100′ on large subdivisions unless otherwise approved by the Commission.

  2. Contents of Final Plat. The final plat shall be drawn in India ink on reproducible linen or Mylar film on an eighteen (18) inch by twenty-four (24) inch or twenty-four (24) by thirty-six (36) inch sheet size with a border line allowing a three (3) inch binding margin along left hand narrow width and a one-half (½) inch margin on the remaining narrow width and two (2) long sides. The following information shall be shown on the plat.

A. Block lines shall be designated by heavy solid lines.

B. Block corners shall be shown rounded by appropriate radius with arc length, chord, central angle, radius, and tangent shown.

C. Boundary lines shall be designated by a heavy line (#3 or #4 pen) of long dash-two dots, etc., and labeled “Plat Boundary.”

(1) Boundary dimensions from angle point to angle point shall be shown for all sides of the closed traverse.

(2) Bearings, based on an assumed meridian approximating north, of all boundary lines or internal angles of all angle points on the boundary shall be shown.

D. Building setback lines for frontage and side streets shall be designated by a fine short dashed line, labeled “Building Setback Line” and dimensioned.

E. Centerlines of all street right-of-ways shall be designated by a fine line (#0 or #00 pen) of long dash-short dash or dot, etc., and dimensions from angle point to angle point, point of curvature to point of tangency, intersection to intersection, or any combination thereof between intersections with the appropriate bearings, angles, curve data, right-of-way widths and distances clearly shown. Curve data shall include arc length, chord, central angle, radius, and tangent. All points of curvature and points of tangency shall be located and labeled.

F. Certification by a registered engineer and/or land surveyor in accordance with the Iowa State law.

G. Easements for public utilities and drainage facilities shall be designated by fine line (#0 or #00 pen) of medium length dashes, and appropriately labeled with reserved width and type of “easement.”

H. Fractional lines and corners of the government township and section surveys shall be appropriately labeled and dimensioned as applicable to the plat. All plats shall be tied to a known section or fractional corners by distances and bearings or angles.

I. Legal description of the platted area shall be included on the plat.

J. Lot lines shall be designated by medium fine (#0 or #1 pen) to solid lines.

K. Lots shall be numbered consecutively, all sides dimensioned. The bearings or corner angles of all lot lines which are not parallel to the block lines shall be shown and lines intersecting a curved line shall be labeled as radial or not radial as applicable. Dimensions of lot lines which are curved shall include appropriate curve data: arc length, central angle and chord where the radius is not shown elsewhere it shall be shown. The area of all non-rectangular lots shall be shown to the nearest one hundred (100) square feet.

L. Permanent reference monuments shall be labeled (P.R.M.) and located.

M. Scale shall be indicated graphically as the scale in feet along with the compass point.

N. Street names, location, lot designation and right-of-way width for all streets within or abutting the plat shall be shown.

O. Surveyor’s notes shall include the following as appropriate or applicable to the particular plat:

(1) All bearings are based on an assumed meridian for computation purposes.

(2) Block corner radii are twenty-five (25) feet unless noted otherwise.

(3) Dashed lines shown at the rear or sides of certain lots are “easements” reserved for the installation and maintenance of public utilities and drainage facilities.

(4) Any other notes deemed necessary for the particular plat.

  1. Accompanying Material. The following material shall be submitted with the final plat:

A. A correct legal description of the subdivision land;

B. 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 acknowledgments 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;

C. A statement from the mortgage holders or lienholders, 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 may be recorded in lieu of the consent of the mortgage or lienholder. When a mortgage or lienholder consents to the subdivision, a release of mortgage or lien shall be recorded for any areas conveyed to the City or dedicated to the public.

D. 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.

E. A certificate of the County Treasurer 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 in compliance with Section 354.12 of the Code of Iowa.

F. A resolution and certificate for approval by the Council and for signatures of the Mayor and Clerk.

G. Specifications and engineering construction drawings including profiles, cross-sections and details of all public improvements. Elevations shall be referred to mean sea level as exhibited in standard U.S. Geological Survey Maps. Specifications and references shall meet those required by the City’s construction and specification standards, including a site grading plan for the entire subdivision.

H. A certificate by the City Engineer that all required improvements and installations have been completed according to the construction plans submitted to the City prior to construction or with the final plat if not constructed, or that a performance bond guaranteeing completion has been approved by the City Attorney and filed with the Clerk, or that the Council has agreed that the City will provide the necessary improvements and installations and assess the costs against the subdivider or future property owners in the subdivision.

I. Drainage plans for the positive removal of storm water.

4. Recording Plat. There shall be three (3) copies stamped as approved by the Council:

A. Clerk. The original linen tracing shall be retained by the Clerk.

B. County Recorder. One copy shall be filed with the County Recorder.

C. County Auditor. One copy with accompanying resolution of the Council and certificate by the owner and spouse shall be filed with the County Auditor.

166.19    FEES. Before a preliminary plat may be considered by the Commission, the subdivider or agent of the subdivider shall deposit with the City Treasurer a fee of one hundred dollars ($100.00) to be credited to the General Fund of the City.

166.20    VARIATIONS AND EXCEPTIONS. Whenever the tract proposed to be subdivided is of such unusual topography, size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these regulations would result in substantial hardships or injustices, the Council, upon recommendation of the Commission, may vary or modify such requirements so that the subdivider is allowed to develop property in a reasonable manner, but so that, at the same time, the public welfare and interest of the City and surrounding area are protected and the general intent and spirit of these regulations are preserved.

166.21    RECORDING UNAPPROVED PLAT PROHIBITED. No plat of any subdivision shall be recorded in the County Recorder’s office or have any validity until it has been approved in the manner prescribed herein.

166.22    EXPENDITURE OF PUBLIC FUNDS PROHIBITED. The Council shall not permit any public improvements over which it has control to be made from City funds or any City money expended for improvements or maintenance on any street in any area that has been subdivided after the date of adoption of these regulations unless such subdivision or street has been approved in accordance with the provisions contained herein and accepted by the Council as a public street.

166.23    CHANGES AND AMENDMENTS. Any provisions of these regulations may be changed and amended from time to time by the Council; provided, however, such changes and amendments shall not become effective until after study and report by the Commission and until after a public hearing has been held, public notice of which shall be given in a newspaper of general circulation at least fifteen (15) days prior to such hearing.