PRIMGHAR, IOWA, CODE

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Editor's Note: Title VIII- The headings and numerical references vary somewhat from the rest of the Code.

CHAPTER 1- SUBDIVISION REGULATIONS

GENERAL PROVISIONS:

1-1-1 SHORT TITLE: This ordinance shall be known as the "Subdivision Ordinance" of the City of Primghar, Iowa.

1-1-2 PURPOSE: The purpose of this ordinance is to provide minimum standards for the design, development and improvement of all new subdivisions and re-subdivisions of land, so that existing land uses will be protected, and so that adequate provisions are made for public facilities and services, and so that growth occurs in an orderly manner, consistent with the Comprehensive Plan, and to promote the public health, safety and general welfare of the citizens of the City of Primghar, Iowa.

(Code of Iowa, 2001, Sec. 354.1)

1-1-3 APPLICATION: Every owner who divides any original parcel of land, forty (40) acres or part thereof, entered of record in the office of the County Recorder as a single lot, parcel or tract on or before the effective date of these regulations into three or m ore lots, parcels, or tracts for the purpose, whether immediate or future, of laying out an addition, subdivision, building lot or lots, acreage or suburban lots, transfer of ownership or building development within the city or within two (2) miles of the corporate limits of the city, shall cause plats of such area to be made in the form, and containing the information, as hereinafter set forth before selling any lots therein contained or placing the lots on record..

(Code of Iowa, 2001, Sec. 354.9)

1-1-4 AMENDMENT: When necessary to further its purpose, this ordinance shall be amended in accordance with the text amendment procedure for the Zoning Ordinance by the Planning and Zoning Commission and the City Council.

1-1-5 RECORDING OF PLAT: No subdivision plat, re-subdivision plat or street dedication within the City of Primghar, Iowa, or within two (2) miles of the corporate limits of the City as recorded in the office of the County Recorder and filed with the County Auditor, as provided in Section 354.9, Code of Iowa, shall be filed for record with the County Recorder, or recorded by the County Recorder, until a final plat of such subdivision, re-subdivision, or street been reviewed and approved in accordance with the provisions of this ordinance. Upon the approval of the final plat by the City Council, it shall be the duty of the subdivider to immediately file such plat with the County Auditor and the County Recorder, as required by law. Such approval shall be revocable after thirty (30) days, unless such plat has been duly recorded and evidence thereof filed with the City Clerk within such thirty (30) days.

(Code of Iowa, 2001, Sec 354.9)

1-1-6 FEES ESTABLISHED: The City Council shall, from time to time establish by resolution, fees for the review of plats. No plat for any subdivision or re-subdivision shall be considered filed with the City Clerk, unless and until said plat is accompanied by the fee, as established by resolution of the City Council, and as required by this ordinance.

1-1-7 PENALTIES: Any person who shall dispose of or offer for sale any lot or lots within the area of jurisdiction of this ordinance, until the plat thereof has been approved by the City Council, and recorded 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 ordinance.

1-1-8 BUILDING PERMIT TO BE DENIED: No building permit shall be issued or construction on any lot, parcel, or tract, where a subdivision is required by this ordinance, unless and until a final plat of such subdivision has been approved and recorded in accordance with this ordinance, and until the improvements required by this ordinance have been accepted by the City.

DEFINITIONS

1-1-9 TERMS DEFINED: For the purpose of this ordinance, certain words shall be defined as and interpreted as follows. Words used in this present tense shall include the future, the singular shall include the plural, the plural shall include the singular, the term "shall" is always mandatory, and the term "may" is permissive.

1. "Acquisition Plat" means the graphical representation of the division of land r rights in land, created as the result of a conveyance or condemnation for right-of- way purposes by an agency of the government or other persons having the power of eminent domain.

(Code of Iowa, 2001, Sec. 354.2(1))

2. "Aliquot Part" means a fractional part of a section within the United States Public Land Survey System. Only the fractional parts one-half, one-quarter, one-half of one-quarter, or one-quarter of one-quarter shall be considered an aliquot part of a section.

(Code of Iowa,2001, Sec. 354.2(2))

3. "Alley" means public property dedicated to public use for vehicular access to the back or side of properties otherwise abutting on a street.

4. "Auditor's Plat" means a subdivision plat required by either the Auditor or the Assessor, prepared by a surveyor under the direction of the auditor.

5. "Block" means an area of land within a subdivision that is entirely bounded by streets, rivers, tracts of public land, or the boundary of the subdivision.

6. "Building Lines" means a line on a plat between which line and public right-of-way no building or structure may be erected.

7. "City Engineer" means the professional engineer registered to the State of Iowa designated as City Engineer by the City Council or other hiring authority.

8. "Comprehensive Plan" means the general plan for the development of the community, that may be titled master plan, comprehensive plan or some other title, which plan has been adopted by the City Council. Such "Comprehensive Plan" shall include any part of such plan separately adopted, and any amendment to such plan or parts thereof.

9. "Conveyance" Means an instrument filed with a Recorder as evidence of transfer of title to land, including any form of deed or contract.

(Code of Iowa, 2001, Sec. 354.2(5))

10. "Cul-de-Sac" means a street having one end connecting to another street, and the other end terminated by a vehicular turn around.

11. "Division" means dividing a tract or parcel of land into two parcels of land by conveyance or for tax purposes. The conveyance of an easement, other than public highway easement, shall not be considered a division for the purpose of this chapter.

(Code of Iowa, 2001, Sec. 354.2(6) and 355.1(2))

12. "Easement" means an authorization by a property owner for another to use a designated part of said owner's property for a specific purpose.

13. "Flood Hazard Area" means any area subject to flooding by a one percent (1%) probability flood, otherwise referred to as a one hundred (100) year flood; as designated by the Iowa Department of Natural Resources or the Federal Emergency Management Agency.

14. "Floodway" means the channel of a river or other watercourse and the adjacent lands that must be reserved in order to discharge the waters of a one hundred (100) year flood without cumulatively raising the waterway surface elevation more that one (1) foot.

15. "Forty-Acre Aliquot Part" means one-quarter of one quarter of a section.

(Code of Iowa, 2001, Sec. 354.2(7))

16. "City Council" means the City Council of the City of Primghar, Iowa.

(Code of Iowa, 2001, Sec. 354.2(8))

17. "Government Lot" means a tract, within a section, that is normally described by a lot number as represented and identified on the township plat of the United States public land survey system. Code of Iowa, 2001, Sec. 354.2(9) and 355.1(3)

18. "Improvements" means changes to land necessary to prepare it for building sites, including but not limited to grading, filling, street paving, sidewalks, walk ways, water mains, sewers, drainage ways, and other public works and appurtenances.

19. "Lot" means a tract of land represented and identified by number or letter designation on official plat.

(Code of Iowa, 2001, Sec. 354.2(10))

20. "Lot Corner" The term corner lot means a lot situated at the intersection of two streets.

21. "Lot, Double Frontage" means any lot that is not a corner lot that abuts two streets.

22. "Metes and Bounds Description" means a description of land that uses distances and angles, uses distance and bearings, or describes the boundaries of the parcel by reference to physical features of the land. Code of Iowa, 2001, Sec, 354.2(11))

23. "Official Plat" means either an auditor's plat or a subdivision plat that meets the requirements of this chapter and has been filed for record in the offices of the Recorder, Auditor and Assessor. Code of Iowa, 2001, Sec. 354.2(12))

24. "Original Parcel" means forty acres or part thereof entered or record in the office of the County Recorder as a single lot or parcel.

25. "Owner" means the legal entity holding title to the property being subdivided, or such representative or agent as is fully empowered to act on its behalf.

26. "Parcel" means a part of a tract of land. Code of Iowa, 2001, Sec. 354.2(13))

27. "Performance Bond" means a surety bond or cash deposit made out to the City of Primghar, Iowa in an amount to the full cost of the improvements which are required by this ordinance, said cost estimated by the City and said surety bond or cash bond being legally sufficient to secure to the City that the said improvements will be constructed in accordance with this ordinance.

28. "Permanent Real Estate Index Number" means a number or combination of numbers assigned to a parcel of land pursuant to Section 441.29 of the Code of Iowa.

(Code of Iowa, 2001, Sec. 354.2(14))

29. "Planning & Zoning Commission" means the appointed commission designated by the City Council for the purpose of this ordinance.

30. "Plat" means a map drawing, or chart on which a subdivider's plan for the subdivision of land is presented, that said subdivider submits for approval and intends, in final form, to record.

31. "Zoning Administrator" means the individual assigned the duty to administer this ordinance by the City Council or other appointed authority.

32. "Plat of Survey" means the graphical representation of a survey of one or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a registered land surveyor.

(Code of Iowa, 2001, Sec. 354.2(15) and 355.1(9))

33. "Proprietor" means a person who has a recorded interest in land, including a person selling or buying land pursuant to a contract, but excluding holding mortgages, easement, or lien interest.

(Code of Iowa, 2001, Sec. 354.2(16))

34. "Re-subdivision" means any subdivision of land that has previously been included in a recorded plat. In appropriate context it may be a verb referring to the act of preparing a plat of previously subdivided land.

35. "Street" means public property, not an alley, intended for vehicular circulation. In appropriate context the term "street" may refer to the right-of-way bounded by the property lines of such public property, or may refer to the paving installed within such right-of-way.

36. "Street Arterial" means a street primarily intended to carry traffic from one part of the City to another, and not intended to provide access to abutting property.

37. "Street, Collector" means a street primarily designed to connect smaller areas of the community, and to carry traffic from local streets to arterial streets.

38. "Street, Local" means a street primarily designed to provide access to abutting property.

39. "Subdivider" means the owner of the property being subdivided, or such other person or entity empowered to act on the owner's behalf.

40. "Subdivision" means the accumulative effect of dividing an original lot, tract, or parcel of land, into three (3) or more lots for the purpose of immediate or future sale or transfer for development purpose excluding public roadways, public utility extensions, and land taken by condemnation. The term includes a re-subdivision or replatting. When appropriate to the context, the word may relate to the process of subdividing or the land subdivided.

(Code of Iowa, 2001, Sec. 354.2(17) and 355.1(10))

Any person not in compliance with the provisions of the subdivision definition at the time of its effective date, shall not be required to comply with such provisions unless or until a new division, re-subdivision or replatting occurs following that effective date.

41. "Subdivision Plat" means the graphical representation of the subdivision of land, prepared by a registered land surveyor, having a number or letter designation for each lot within the plat and a succinct name or title that is unique for the county where the land is located.

(Code of Iowa, 2001, Sec. 354.2(18) and 355.1(11))

42. "Surveyor" means a registered land surveyor who engages in the practice of land surveying pursuant to Chapter 542Bof the Code of Iowa.

Code of Iowa, 2001, Sec. 354.2(19) and 355.1(12))

43. "Tract" means an aliquot part of a section, a lot within an official plat, or a government lot.

(Code of Iowa, 2001, Sec. 354.2(20))

44. "Utilities" means systems for the distribution or collection of water, gas, electricity, communication cable, wastewater and storm water. All utility systems must be placed in the terrace, alley or utility easement.

1-1-10 IMPROVEMENTS REQUIRED. The subdivider shall, at subdivider's expense, install and construct all improvements required by this ordinance. All required improvements shall be installed and constructed in accordance with the design standards established for such improvements by the City, and as shown on the approved preliminary plat.

1-1-11 INSPECTION. All improvements shall be inspected, by a City appointed inspector, to insure compliance with the requirements of this ordinance. The cost of such inspection shall be borne by the subdivider and shall be the actual cost of the inspection to the city.

1-1-12 MINIMUM IMPROVEMENTS. The improvements set forth below shall be considered the minimum improvements necessary to protect the public health, safety and welfare.

(Code of Iowa, 2001, Sec. 364.1)

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 or alleys shall be of such width and shall be constructed as to meet the standards of the City. A street right-of-way shall be a minimum of sixty (60) feet wide with a thirty one (31) feet concrete or asphalt travel portion and a six (6) inch high concrete curb and a sixteen (16) inch gutter. Under some circumstances the City may require, as a condition for approval of the plat, dedication and improvement of a street having a width greater than necessary to meet the needs of the platted area, but necessary to complete the City street system as it relates to both the area being platted and other areas. In such event, the City will pay the subdivider the difference in cost of improving the wider street width reasonable to meet the foreseeable needs of the subdivision taken alone. The streets shall, upon final approval and acceptance by the City, become the property of the City. All alleys shall be a minimum width of sixteen (16) feet.

2. Sanitary Sewer System. The subdivider of the land being platted shall make adequate provision for the disposal of sanitary sewage from the platted area with due regard being given to present or reasonably foreseeable needs. There shall be constructed, at the subdivider's expense, a sanitary sewer system including all necessary pumping stations, pumping equipment, sewer access holes, and all other necessary or desirable appurtenances to provide for the discharge of sanitary sewage from all lots or parcels of land within the platted area to a connection with the City's sanitary sewers. The sanitary sewer system shall be constructed in accordance with the plans and specifications of the City and at the sewer grades as established by the City.

Under some circumstances the City may require, as a condition for approval of the plat, installation of a sanitary sewer that is larger than necessary to meet the needs of the platted area, but necessary to complete the City sanitary sewer system as it relates to both the area being platted and other areas. In such event, the City will pay the subdivider the difference in cost of pipe and installation between the larger sewer and the diameter of sewer reasonable to meet the foreseeable needs of the area.

The above mentioned facilities for the collection and disposal of sanitary sewage from the platted area shall, upon final approval and acceptance by the City, become the property of the City. The cost of sanitary lift stations is traditionally paid entirely by the City, with the cost of forced mains assessed to the area benefited. Force main assessments are not possible outside the City Limits.

3. Storm Sewer System. The subdivider of land being platted shall install and construct a storm sewer system adequate to serve the area, including anticipated extensions of use to serve additional areas. The storm sewer system shall be constructed in accordance with plans and specifications of the City and at sewer grades established by the City.

Under some circumstances the City may require, as condition for approval of the plat, installation of a storm sewer system that is larger than necessary to meet the needs of the platted area, but necessary to complete the storm sewer system as it relates to both the area being platted and other areas. In such event, the City will pay the subdivider the difference in cost of pipe and installation between the larger sewer and the diameter of sewer reasonable to meet the foreseeable needs of the area.

The sewers shall, upon inspection, approval and acceptance by the City, become the property of the City. In the storm sewer design phase, consideration shall be given to alternatives and principles of storm water management, or the provisions of a storm water management plan, if such plan has been adopted by the City.

4. Water Main System. The subdivider of land being platted shall install and construct a six (6) inch water main to adequately serve all lots or parcels of land within the platted area, with due regard to the present and reasonably foreseeable needs of the entire area, and shall connect the same to the City's existing water mains.

Under some circumstances the City may require, as a condition for approval of the plat, installation of a water main that is larger than necessary to meet the needs of the platted area, but necessary to complete the City water distribution system as it relates to both the area being platted and other areas. In such event the City will pay the subdivider the difference in cost of pipe and installation between the larger water main and the diameter of water main reasonable to meet the foreseeable needs of the area.

The water mains shall, upon inspection, approval, and acceptance by the City, become the property of the City.

5. Other Improvements. The owner and subdivider of the land being platted shall be responsible for installation of sidewalks within the street area; the installation of walkways as necessary; grading, seeding or sodding of all lots; the planting of any required trees in the parking area; the installation of street signs, the provision of street lighting and fire hydrants, which will be furnished by the City. All such improvements shall be under the direction of the City Engineer or director of the electric utility, as appropriate.

1-1-13 EASEMENTS REQUIRED.

1. Public Utilities. Where alleys are not provided, or where otherwise required by the present or future placement of public utilities, easements of not less than ten (10) feet in width shall be granted by the owner along rear, and where necessary, along side lot lines or terrace for public utilities requirements. Except where prohibited by topography, such easements shall be centered on lot lines. Easements of greater width may be required along lot lines, or across lots when necessary for the placement and maintenance of utilities. No buildings or structures, except as necessary for utilities, shall be permitted on such easements.

2. Easements Along Streams and Watercourses. Wherever any stream or surface watercourse is located in an area that is being subdivided, the subdivider shall, at said subdivider's expense, make adequate provisions for the proper drainage of surface water and shall provide and dedicate to the City an easement along said stream or watercourse as necessary for proper maintenance of the watercourse, and as approved by the City.

1-1-14 MAINTENANCE BOND REQUIRED. The owner and subdivider of the land being platted shall be required to provide to the City, proper maintenance bonds satisfactory to the City, so as to insure that for a period of one (1) year from the date of acceptance of any improvements, the owner and subdivider shall be responsible to maintain such improvements in good repair.

1-1-15 ALTERNATIVE SYSTEMS FOR SEWER AND WATER. 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 health, safety and welfare, and shall meet all requirements of state, county, or other applicable health requirements. Prior to granting approval of such alternative 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.

MINIMUM STANDARDS FOR THE DESIGN OF SUBDIVISIONS

1-1-16 STANDARDS PRESCRIBED. The standards set forth in this ordinance shall be considered the minimum standards necessary to protect public health, safety, and general welfare.

(Code of Iowa, 2001, Sec. 364.1)

1-1-17 LAND SUITABILITY. No land shall be subdivided that is found to be unsuitable for subdividing by reason of flooding, ponding, poor drainage, adverse soil conditions, adverse geological formations, unsatisfactory topography or other conditions likely to be harmful to the public health, safety, or general welfare, unless such unsuitable conditions are corrected to the satisfaction of the City.

If land is found to be unsuitable for subdivision for any reasons cited in this section, the Planning and Zoning Commission shall state its reasons in writing and afford the subdivider an opportunity to present data regarding such unsuitability. Thereafter, the Planning and Zoning Commission may reaffirm, modify or withdraw its determination regarding such unsuitability.

1-1-18 LANDS SUBJECT TO FLOODING. No subdivision containing land located in a floodway, flood hazard or flood prone area shall be approved by the City without the approval of the Iowa Department of Natural Resources. No lot shall be located so as to include land located within a floodway, flood hazard or flood prone area unless the lot is of such size and shape that it will contain a buildable area not within the floodway, flood hazard or flood prone area, suitable for development as allowed by the Planning and Zoning Ordinance for the zone in which the lot is located.

Land located within a floodway, flood hazard or flood prone area may be included with in a plat as follows, subject to approval of the City.

1. Included within individual lots in the subdivision, subject to the limitations of this Section.

2. Reserved as open space for recreation by all owners of lots in the subdivision, with an appropriate legal instrument, approved by the City, providing for its care and maintenance by such owners.

3. If acceptable to the city, dedicated to the City as public open space for recreation or flood control purposes.

1-1-19 PLAT TO CONFORM TO COMPREHENSIVE PLAN. The arrangements, character, extent, width, grade and location of all streets and the general nature and extent of the lots and uses proposed shall conform to the Comprehensive Plan of the City, provided such plan has been adopted by the City; and shall conform to such other plans, ncluding but not limited to a Major Street plan, a Sanitary Sewer System Plan, or a Parks and Open Space Plan, provided such plan has been adopted by the City.

(Code of Iowa, 2001, Sec. 354.8)

1-1-20 CONSTRUCTION STANDARDS FOR IMPROVEMENTS. In addition to the standards set forth in this ordinance, the City Engineer shall from time to time prepare, and the City Council shall from time to time adopt by resolution, technical standards for public improvements. Such technical standards for public improvements shall contain the minimum acceptable specifications for the construction of public improvements. Such technical standards may vary for classes of improvements, giving due regard to the classification of streets or other improvements, and the extent and character of the area served by the improvements.

Upon adoption by the City Council by resolution, such technical standards for public improvements shall have such force and effect as if they were fully set forth herein.

1-1-21 STREET STANDARDS. The following standards shall apply to all streets to be located within the subdivision:

1. Streets shall provide for the continuation of arterial and collector streets from adjoining platted areas, and the extension of such streets into the adjoining unplatted areas. Where a plat encompasses the location for an arterial or collector street proposed in the Comprehensive Plan or Street Plan, the plat shall provide for such street.

2. Street grades shall align to existing streets, and all grades for streets shall be as approved by the City.

3. Arterial streets shall be located so as to not require direct access from the arterial street to abutting lots.

4. Street right-of-way widths and pavement widths shall be as specified in the Comprehensive Plan, the Street Plan or technical standards for public improvements.

5. Half-streets are prohibited, except where an existing platted half-street abuts the subdivision, a platted half-street to complete the street shall be required.

6. Local streets should be designed to discourage through traffic while safely connecting to collector or arterial streets.

7 Street jogs with centerline offsets or less than one hundred twenty five (125) feet shall be prohibited, except where the topography, or other physical conditions make such jogs unavoidable.

8. Streets shall intersect as nearly at right angles as possible; and no street shall intersect any other street at less than sixty (60) degrees.

9. At intersections of major streets, and otherwise as necessary, lot corners abutting the intersection shall be rounded by an arc, the minimum radius shall be twenty (20) feet or the shortest distance from pavement to the nearest property line. Necessary space must be provided in the right-of-way for sidewalks, traffic control devices, and other necessary improvements without encroaching onto the corner lots.

10. Dead end streets are prohibited, except where a street is planned to continue past the subdivider's property, a temporary dead end may be allowed.

11. Streets that connect with other streets, or loop streets, are preferable for maintenance, fire protection, and circulation, but cul-de-sacs may be permitted. Cul-de-sacs should not exceed 400 feet in length unless a greater length is unavoidable. The maximum length for cul-de-sacs is 500 feet. The paved area in a cul-de-sac shall be forty (40) feet measured to the face of the curb.

12. In general, alleys shall be permitted in residential areas and required in commercial areas with normal street frontage. Dead end alleys are prohibited, unless provided with a turn around with a minimum right-of-way diameter of one hundred (100) feet.

13. When a tract is subdivided into larger than normal lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and opening of streets and appropriate re-subdivision with provision for adequate utility connections for such re-subdivision. Easements for the future openings and extensions for such streets or utilities may, at the discretion of the City Council, be made a requirement of the plat.

14. Streets that are or will become extensions of existing streets shall be given the same name as existing streets. New street names shall not be the same or sound similar to existing street names. All street names shall be at the approval of the City Council.

15. No private streets shall be permitted in the City of Primghar, Iowa.

1-1-22 BLOCK AND LOT STANDARDS. The following standards shall apply to the layout of blocks and lots in all subdividions, and to the extent possible, in all re-subdivisions:

1. No residential block shall be longer than thirteen hundred (1300) feet or shorter than three hundred (300) feet measured from street line to street line. The width of blocks should be arranged so as to allow two (2) tiers of lots, with utility easement.

2. In blocks over seven hundred (700) feet in length, the City Council may require a public way or easement at least ten (10) feet in width, at or near the center of the block, for use by pedestrians. This public way or easement shall not be used for utilities.

3. The size and shape of blocks or lots intended for commercial or industrial use shall be adequate to provide for the use intended, and to meet the parking, loading, and other requirements for such uses contained in the zoning ordinance.

4. Lots arrangement and design shall be such that all lots will provide satisfactory building sites, properly related to topography and surrounding land uses.

5. The size and shape of all lots shall comply with all requirements of the Zoning Ordinance for the zone in which the lot is located.

6. All lots shall abut a public street, with a minimum frontage of at least twenty-five (25) feet measured as a straight line between the two front lot corners.

7. Unless unavoidable, lots shall not front, or have direct access to arterial streets. Where unavoidable, lots shall be so arranged as to minimize the number of access points.

8. All lot lines shall be at right angles to straight street lines or radial to curved street lines, except where, in the judgment of the Planning and Zoning Commission, a variation to this provision will provide a better street and lot layout.

9. Corner lots shall have sufficient extra width to permit the required front yard setback as specified in the Zoning Ordinance, oriented to other street.

10. Reversed frontage lots are prohibited. Double frontage lots shall only be permitted where abutting a major street and a minor street, and such lots shall front only on the minor street.

11. Any lot not to be served a sanitary sewage system of the City of Primghar shall have sufficient area to allow for a satisfactory drain field. No subdivision to be served by septic system shall be approved by the Planning and Zoning Commission until percolation tests have been performed and the results of said tests have been provided to, and approved by the Iowa Department of Natural Resources.

PROCEDURES AND SUBMISSION REQUIREMENTS FOR PLATS

1-1-23 PRE-APPLICATION CONFERENCE. When a subdivision located within the platting jurisdiction of the City is proposed, the owner and subdivider shall schedule a pre- application conference with the Planning and Zoning Administrator. The conference should be attended by a City or Utility representative as is deemed desirable; and by the owner and said owner's engineer and/or planner, as deemed desirable.

The purpose of such conference shall be to acquaint the City with the proposed subdivision, and to acquaint the subdivider with the requirements, procedures, and any special problems relating to the proposed subdivision.

1-1-24 SKETCH PLAN REQUIRED. For the pre-application conference, the subdivider shall provide a map or sketch showing the location of the subdivision, the general location of any proposed streets and other improvements, and the general layout and arrangement of intended land uses, in relation to the surrounding area.

1-1-25 PRESENTATION TO PLANNING AND ZONING COMMISSION. The subdivider shall present the sketch to the Planning and Zoning Commission for review, prior to incurring significant costs preparing the preliminary or final plat.

1-1-26 SUBDIVISION CLASSIFIED. Any proposed subdivision or re-subdivision shall be classified as minor subdivision or major subdivision.

1. Minor Subdivision. Any subdivision that contains not more than four (4) lots fronting on an existing street and does not require construction of any public improvements, and that does not adversely affect the remainder of the parcel shall be classified as a minor subdivision.

2. Major Subdivision. Any subdivision that, in the opinion of the Planning and Zoning Commission, does not for any reason meet the definition of a minor subdivision, shall be classified as a major subdivision.

1-1-27 PLATS REQUIRED. In order to secure approval of a proposed subdivision, the owner and subdivider shall submit to the Planning and Zoning Commission, plats and other information as required by this ordinance. The owner and subdivider of any major subdivision shall comply with the requirements for a preliminary plat and the requirements for a final plat. The owner and subdivider of any minor subdivision or an auditor's plat may elect to omit the submission of a preliminary plat.

(Code of Iowa, 2001, Sec. 354.6)

1-1-28 REQUIREMENTS OF THE PRELIMINARY PLAT. The subdivider shall prepare and file with the City Clerk six (6) copies of the preliminary plat, drawn at a scale of one inch equals one hundred feet (1" = 100') or larger. Sheet size shall be no greater than eighteen inches by twenty-four inches (18"x24") nor smaller than eight and one-half inches by eleven inches (81/2 x 11). Where more than one sheet is required, the sheets shall show the number of the sheet and the total number of sheets in the plat, and match lines indicating were the other sheets adjoin.

The preliminary plat shall be clearly marked preliminary Plat" and shall show, or have attached thereto, the following:

1. Title, scale, north point and date.

(Code of Iowa, 2001, Sec. 355.8(6))

2. Proposed name of the subdivision shall not duplicate or resemble existing subdivision names in the county. The Planning and Zoning Administrator shall verify with the County Auditor that the proposed subdivision name is not duplicating an existing subdivision name in the county.

(Code of Iowa, 2001, Sec. 354.6(2) and 355.8(5))

3. The name and address of the owner and the name, address and profession of the person preparing the plan.

4. A key map showing the general location of the proposed subdivision in relation to surrounding development.

5. The names and location of adjacent subdivisions and the names of record owners and location of adjoining parcels of unplatted land. A list of all owners of record of property located within two hundred (200) feet of the subdivision boundary shall be attached.

(Code of Iowa, 2001, Sec. 355.8(18))

6. The location of property lines, streets and alleys, easements, buildings, utilities, watercourses, tree masses, and other existing affecting the plat.

7. Existing and proposed zoning of the proposed subdivision and adjoining property.

8. Contours at vertical intervals of not more than two (2) feet if the general slope of the site is less than ten (10) percent and at vertical intervals of not more than five (5) feet if the general slope is ten (10) percent or greater.

9. The legal description of the area being platted.

10. The boundary of the area being platted, shown as a dark line, with the approximate length of boundary lines and the approximate location of the property in reference to known section lines.

11. The layout, numbers and approximate dimensions of proposed lot.

12. The location, width and dimensions of all streets and alleys proposed to be dedicated for public use.

13. The proposed names for all streets in the area being platted. The Planning and Zoning administrator shall verify that the proposed street names do not duplicate existing street names in the City unless such names are a continuation of an existing street.

14. Present and proposed utility systems, including sanitary and storm sewers, other drainage facilities, water lines, gas mains, electric utilities, and other facilities.

15. Proposed easements, showing locations, widths, proposes and limitations. 16. A general summary description of any protective covenants or private restrictions to be incorporated in the final plat. 17. Any other pertinent information, as necessary.

18. The fee, as required by this ordinance.

1. The subdivider shall pay to the City Clerk fees according to the following schedule, although no section within this chapter shall be interpreted as precluding reimbursement to the County Board of Supervisors for inspection or other services rendered relative to proposed subdivision outside the City but within the planning area.

A. Pre-application---none.

B. Preliminary plat---$100.00

C. Final plat--- $100.00 plus $5.00 for each lot in excess of 10, plus $5.00 per acre for all parcels or lots larger than one acre.

D. Application for extension of preliminary or final plat approved by the developer or agent --- $50.00 for each sixty-day period or less of requested extension.

2. No fees are charged for the following:

A. Public land plats submitted by a government department of the city.

B. Plats submitted by the Board of Education; C. Plats of property reserved or dedicating land to the City, provided no other subdivision of land is shown thereon.

3. The Planning and Zoning Administrator shall calculate the fee for application and such fees shall be payable to the City Clerk in advance of plan processing.

4. The subdivider shall pay to the City Clerk the total cost of inspection of the improvements. The City will employ the, inspector, who will report to the City Council or its agent.

1-1-29 PROCEDURES FOR REVIEW OF PRELIMINARY PLATS

1. The City Clerk, upon receipt of six (6) copies of the preliminary plat, shall file one copy in the records of the city, shall retain one copy for public inspection, one copy for the County Engineer and shall forward the remaining copies to the Planning and Zoning administrator.

2. The Planning and Zoning Administrator shall provide copies of the plat to the City Engineer, and such other persons as necessary to review the plat; and shall schedule the plat for consideration by the Planning and Zoning Commission.

3. The Planning and Zoning Commission shall examine the plat and the report of the City Engineer, and such other information as it deems necessary or desirable, to ascertain whether the plat conforms to the ordinance of the City, and conforms to the comprehensive Plan and other duly adopted plans of the city. The Planning and Zoning Commission shall, within forty-five (45) days of the filing of the plat with the City Clerk, forward a report and recommendation regarding the plat to the City Council. If such recommendation is to disapprove or modify the plat, the reasons therefor shall be set in writing in the report, and a copy of the report and recommendation shall be provided to the applicant.

4. The City Council shall examine the plat, the report of the City Engineer, the report of the Planning and Zoning Commission, and such other information as it deems necessary or desirable. Upon such examination, the City Council shall ascertain whether the plat conforms to the ordinance and standards of the City, conforms to the comprehensive Plan and other duly adopted plans of the City, and will be conducive to the orderly growth and development of the city; in order to protect the pubic health, safety, and welfare. Following such examination, the City Council may approve, subject to conditions, or disapprove the plat. If the decision of the City Council is to disapprove the plat, or to approve the plat subject to conditions, the reasons therefore shall be set in writing in the official records of the City Council, and such decisions shall be provided to the applicant. Action on the preliminary plat by the City Council shall be taken within sixty (60) days of the filing of the plat with the city Clerk.

1-1-30 DURATION OF APPROVAL OF PRELIMINARY PLAT. The approval of a preliminary plat by the City Council shall be valid for a period of one (1) year from the date of such approval; after which such approval shall be void, and the subdivider shall take no action requiring the precedent approval of a preliminary plat except upon application for and approval of an extension of such period of validity, by the Planning and Zoning Commission.

1-1-31 AUTHORIZATION TO INSTALL IMPROVEMENTS. The approval of the preliminary plat shall constitute authorization by the City Council for the installation of improvements as required by this ordinance, and as shown on the preliminary plat; provided no such improvement shall be constructed or installed until and unless the plans, profiles, cross section, and specifications for the construction of such improvement have been submitted to and approved in writing by, the City Engineer.

1-1-32 COMPLETION AND ACCEPTANCE OF IMPROVEMENTS. Before the City Council will approve the final plat, all of the forgoing improvements shall be constructed and accepted by formal resolution by the City Council. Before passage of said resolution of acceptance the City Engineer shall report that said improvements meet all City specifications and ordinances or other City requirements, and the agreements between the subdivider and the city.

1-1-33 PERFORMANCE BOND PERMITTED. In lieu of the requirement that improvements be completed prior to the approval of a final plat, the subdivider shall post a performance bond with the city, guaranteeing that improvements not completed shall be completed within a period of two (2) years from the date of approval of such final plat; but approval of the plat shall not constitute final acceptance of any improvements to be constructed. Improvements will be accepted only after their construction has been completed.

1-1-34 REQUIREMENT OF THE FINAL PLAT. The subdivider shall, within one (1) year from date of approval of preliminary plat, unless such time period has been extended, prepare and file with the City Clerk, six (6) copies of the final plat and required attachments, as set forth in this ordinance. Except for a final plat for a minor subdivision or auditor's plat as set forth herein, no final plat shall be considered by the City Council until and unless a preliminary plat for the area included in the proposed final plat has been approved and has not expired and become void as set forth above.

The final plat shall be drawn at a scale of one inch equals one hundred feet (1" = 100') or larger. Sheet size shall be no greater than eighteen inches by twenty-four inches (18" x 24") nor smaller than eight and one-half by eleven inches (8 ½" x 11") and shall be of a size acceptable to the County Auditor. If more than one sheet is used, each sheet shall clearly show the number of the sheet, the total number of sheets included in the plat, and match lines indicating where other sheet adjoin.

The final plat shall be clearly Marked "Final Plat".

1-1-35 ATTACHMENTS TO THE FINAL PLAT. The following shall be attached to and accompany any final plat:

1. A certificate by the owner and said owner's spouse, if any, that the subdivision is with their free consent, and is in accordance with the desire of the owner and spouse. This certificate must be signed and acknowledged by the owner and spouse before some officer authorized to take the acknowledgements of deeds.

(Code of Iowa, 2001, Sec. 354.11(1))

2. A complete abstract of title and an attorney's opinion showing that the fee title to the subdivision land is in the owner's name and that the land is free from encumbrances other than those secured by an encumbrance bond.

(Code of Iowa, 2001, Sec. 354.11(2))

3. A certificate from the County Treasurer that the subdivision land is free from unpaid taxes.

(Code of Iowa, 2001, Sec. 354.11(5))

4. A certificate from the Clerk of the District Court that the subdivision land is free from judgments, attachments, or mechanics or other liens of record in said Clerk of District Court's office.

5. A certificate from the County Recorder that the title is in the owner's name and that it is free from encumbrances other than those secured by an encumbrance bond.

(Code of Iowa, 2001,Sec. 354.11(3))

6. The encumbrance bond, if any, as specified in Sections 354.11 and 354.12, Code of Iowa.

(Code of Iowa, 2001, Sec. 354.11(2) and 354.12)

7. A statement of restrictions of all types that run with the land and become covenants in the deeds of lots.

8. A certificate by the City Engineer that all required improvements have been satisfactorily completed in accordance with the construction plans as approved and in substantial compliance with the approved preliminary plat. Prior to such certification, "as built" plans for all improvements shall have been provided to the City Engineer. In lieu therefore, the City Clerk may certify that a performance bond guaranteeing completion has been approved by the City Attorney and filed with the Clerk, or that the City Council has agreed that the City will provide the necessary improvements and installation and assess the cost against the subdivider of future property owners in the subdivision.

9. Where the improvements have been installed, a resolution accepting and approving such improvements along with the maintenance bond required by this ordinance.

10. A resolution and certificate for approval by the City Council and for signatures of the Mayor and clerk.

(Code of Iowa,2001, Sec. 354.11(4))

11. The application fee, if any.

1-1-36 PROCEDURES FOR THE REVIEW OF FINAL PLATS.

1. The City Clerk, upon receipt of six (6) copies of the final plat, shall file one copy in the records of the City, shall retain one copy for the public inspection, and shall forward the remaining copies to the Planning and Zoning Administrator.

2. The Planning and Zoning Administrator shall provide copies of the plat to the City Engineer, and such other persons as are necessary to review the plat; and shall schedule the plat for review by the City Council.

3. The Planning and Zoning Administrator and the City Engineer shall examine the plat as to its compliance with section 409.8 of the Code of Iowa, the ordinances and standards of the City, and its conformance with the preliminary plat; and shall set forth their findings in writing. A copy of the findings shall be provided to the subdivider.

4. If the plat is found to substantially conform to the preliminary plat as approved, the final plat shall be forwarded to the City Council for review. If the plat is found not to conform to the preliminary plat, it shall be referred to the Planning and Zoning Commission for review, prior to review by the City Council. The Planning and Zoning Commission shall then review the plat and shall forward a written recommendation thereon to the City Council within forty-five (45) days of the filing of the plat with the City Clerk. If the recommendation is to disapprove the plat, or to require modification of the plat, the reasons therefore shall be set forth in writing, and a copy of the recommendation shall be provided to the subdivider,

5. Upon receipt of the plat and written reports thereon, the City Council shall review the plat and attachments thereto. If the plat is found to conform to the ordinances and standards of the City and the Comprehensive Plan and other duly adopted plans, all as of the date of approval of the preliminary plat, and is found to substantially conform to the preliminary plat, the City Council shall approve the plat, and shall cause its approval to be entered on the plat as required by law.

6. Action on the final plat by the City Council shall be taken within sixty (60) days of the date of filing of the plat with the City Clerk. If the action is to disapprove the plat, the reasons therefore shall be set forth in the official records of the City Council and such decision shall be provided to the subdivider.

OTHER PROVISIONS

1-1-37 VARIANCES. Where in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this ordinance would result in extraordinary hardship to the subdivider, because of unusual topography or other conditions, the Board of Adjustment may vary, modify or wave the requirements so that substantial justice may be done and the public interest secured, provided, however, that such variance modification or waiver will not have the effect of nullifying the intent and purpose of this ordinance. In no case shall any variance or modification be more than minimum easing of the requirements as necessary to eliminate the hardship. In so granting a variance, the Board of Adjustment may impose such additional conditions as are necessary to secure substantially the objectives of the requirements so varied, modified, or waived.

1-1-38 EXTRATERRITORIAL REVIEW AGREEMENT. The City may negotiate an extraterritorial review agreement between the City of Primghar and O'Brien County, for the standards and conditions applied by the city for review and approval of a subdivision as provided in Section 354.9 of the Code of Iowa.

The City of Primghar shall apply the 28E Agreement standards and conditions for review and approval of a subdivision in the extraterritorial review area as established in a joint County-City 28E extraterritorial agreement.

The O'Brien County Board of Supervisors may, by resolution, waive its right to review the subdivision or waive the requirement of any of its standards or conditions for approval of the subdivision in the extraterritorial area. Such resolution shall be certified and recorded with the plat.

Procedures for certifying approval of subdivisions in the extraterritorial area of the City shall be the same as those established for other subdivisions within the City.

(Code of Iowa, 2001, Sec. 354.8 and 354.9) TITLE VIII

TITLE VIII

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