[HISTORY: Adopted by the City Council of the City of Marion
as Ch. 175 of the 2000 Code. Amendments noted where applicable.]
A.
Application. The regulations contained
in this chapter shall apply to the subdivision of a lot, tract or
parcel of land into two or more lots, tracts or other divisions of
land for the purpose of sale, transfer, or of building development,
whether immediate or future, including the resubdivision or replatting
of lots or land. They shall also apply to each situation where there
is a dedication of streets, alleys, easements or land for other public
use.
(1)
Any subdivision of land as
described above shall not create substandard lots as defined or set
out by any existing applicable ordinances.
(2)
The above provisions shall
not be construed to limit the acceptance of deeds, right-of-way or
other land by the Council when such acceptance is in the public interest.
(3)
These provisions shall not
be construed to prohibit the sale of a portion of a legally platted
lot by one owner to the owner of an adjoining legally platted lot
provided:
(4)
The conveyance of an easement
shall not be considered a subdivision for the purpose of this chapter.
B.
Authority. These regulations are
adopted pursuant to Chapter 354 of the Code of Iowa.
C.
Extra-territorial jurisdiction.
Pursuant to § 354.9 of the Code of Iowa, the City hereby
establishes its authority to review and approve subdivisions located
within two miles of its corporate boundaries.
D.
Interpretation. The provisions
of these regulations shall be held to be the minimum requirements
for the promotion of the public health, safety and general welfare.
E.
Conflicts. These regulations are
not intended to interfere with, abrogate, limit, repeal, or annul
any other ordinance, rule or regulation, statute, provision of law,
or easement, covenant, or other private agreement or restriction.
Where any provision of these regulations imposes a restriction different
from those imposed by any other provision of these regulations or
any other ordinance, rule or regulation, statute or other provision
of law, whichever provisions are more restrictive or impose a higher
standard shall control and prevail.
F.
Variances. Where it can be shown
that strict compliance with the requirements of this chapter will
result in hardship to the applicant, the Council may vary, modify,
or waive the requirements of this chapter so substantial justice may
be done and the public interest secured. No such variance, modification,
or waiver should have the effect of nullifying the intent and purpose
of this chapter. 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 Council may impose such
additional conditions as are necessary to substantially secure the
objectives of the requirements so varied, modified, or waived. A request
for a variance must be submitted in writing to the Council. The request
shall state the grounds for the request and all the pertinent facts
of the case.
G.
Waivers for subdivisions of existing
platted lots. The Council may waive the requirements of this chapter
where existing platted lots are subdivided if all of the following
conditions are satisfied:
(1)
The resulting lots are not
substandard as defined or set out by existing applicable ordinance.
(2)
All public improvements are
installed or will be installed as a condition of the waiver of said
platting requirements.
(3)
All necessary public rights-of-way
or easements are provided.
(4)
A restrictive covenant is
filed of record or other sufficient assurance is provided to deter
or prohibit further resubdivision without compliance with this chapter.
(5)
No more than two lots are
created as a result of the subdivision.
H.
Exceptions for industrially zoned
real estate. The requirements of this chapter shall be inapplicable
to industrially zoned real estate within the City when all of the
following circumstances exist:
(1)
The parcel to be divided is
a lot within a subdivision previously approved by the Council and
has not previously been subdivided.
(2)
The proposed subdivision will
divide such legal lot into no more than two parts.
(3)
The proposed subdivision shall
not create a substandard lot as defined or set out in this chapter.
I.
Recording of plat. No subdivision
of land within the area of jurisdiction of these regulations shall
be filed for record with the County Recorder until such subdivision
has been reviewed and approved pursuant to this chapter. Upon the
approval of a final plat by the Council, it shall be the duty of the
subdivider to immediately file such plat with the County Recorder
as provided by Chapter 354 of the Code of Iowa. Unless such plat has
been duly recorded and evidence thereof filed with the Clerk within
90 days of approval by the Council, such approval shall be revocable
by the Council.
J.
Enforcement, violations and penalties.
(1)
No building permits or certificates
of occupancy shall be issued for any parcel or plat of land divided
contrary to the provisions of this chapter.
(2)
The Community Development
Director shall enforce these regulations and shall bring to the attention
of the City Attorney any violations or lack of compliance herewith.
[Amended 3-23-2023 by Ord. No. 23-02]
(3)
No owner, or agent of an owner,
of land shall transfer or sell any lot or parcel divided from a larger
parcel except in compliance with these regulations.
(5)
Nothing contained herein shall
in any way limit the City's right to any other remedies available
to the City for the enforcement of this chapter.
(6)
The Council shall establish,
from time to time, by resolution, fees for the review of plats. No
plat for any subdivision or resubdivision shall be considered filed
with the Clerk until all fees applicable to the plat have been received.
(7)
Preliminary and final plats
of owners may be rejected for processing under this chapter of the
Code of Ordinances when the owner has another subdivision in process
and with respect thereto is failing or refusing to meet the requirements
of this chapter.
[Ord. No. 02-16]
Terms defined in other chapters of this Code of Ordinances, including Chapter 340, Zoning, Chapter 274, Stormwater Management, and Chapter 153, Erosion and Sediment Control, also apply to this chapter unless they conflict with a specific definition contained herein. The following words are defined for use in this chapter and shall be interpreted as follows:
Having a common boundary.
See "subdivision."
[Amended 3-23-2023 by Ord. No. 23-02]
Nearby (may or may not be abutting).
A one-half, one-quarter, one-half of one-quarter or one-quarter
of one-quarter fractional part of a section within the United States
public land survey system.
A minor right-of-way dedicated to the public use, which is
primarily for vehicular access to the back or the side of properties
otherwise abutting on a street.
See "plat, auditor's."
A land area within a subdivision which is entirely surrounded
by public streets, streams, railroad rights-of-way, etc., or a combination
thereof.
The City Engineer of the City.
The Planning and Zoning Commission of the City.
The Community Development Director of the City.
[Amended 3-23-2023 by Ord. No. 23-02]
The plan or series of plans made for the future development
of the area as approved and adopted from time to time by the Council.
Such plans may indicate the general locations recommended for major
streets, parks, public facilities, land uses, and other public improvements.
Such plans may also contain statements of policy of the City with
respect to the physical development of the community.
A legal instrument filed with the County Recorder as evidence
of the transfer of title to land, including any form of deed or contract.
A dead-end street having its closed end terminated in a vehicular
turnaround or a circular paved area used for a vehicular turnaround
at the end of a dead-end street.
Unless otherwise specified, calendar days.
A grant by the owner of title in fee simple of real property
to the City for use as a public street, park, or other public facility.
The latest edition of SUDAS as approved by the City Council.
[Ord. No. 15-24]
See "subdivider."
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 a public highway or street easement, shall not be considered
a division for the purpose of this chapter.
Authorization by a property owner for the use by another
of any designated part of said person's property for a specified purpose.
The Engineering Department of the City.
A deposit of cash with the local government in lieu of an
amount required and still in force on a performance or maintenance
bond. Such escrow funds shall be deposited by the Finance Director
in a separate account.
The map or plan or record of a subdivision and any accompanying
material, as described in these regulations.
Any land susceptible to being inundated by water as a result
of a flood, and specifically, any land subject to flooding by a 1%
probability flood, otherwise referred to as a 100-year flood; as designated
by the Iowa Department of Natural Resources, the Federal Insurance
Administration, or specific engineering studies conducted on behalf
of the City.
Chapter 163, Flood Damage Prevention, of this Code of Ordinances.
See "flood hazard area."
That side of a lot abutting on a street and ordinarily regarded
as the front of the lot.
The slope of a road, street, or other public way expressed
in terms of the ratio of rise to run as a percent.
A drawing of a proposed subdivision on a contour or topographic
map showing existing and proposed contours at a contour interval of
not more than five feet and a scale of not less than 100 feet to the
inch.
The furnishing of all materials, equipment, work and services,
including plans and engineering services, staking and supervision
necessary. Changes and additions to land necessary to prepare it for
building sites, including but not limited to street paving and curbing,
grading, monuments, drainageways, sewers, fire hydrants, water mains,
sidewalks, street trees, pedestrianways and other public and private
works and appurtenances.
Maps, engineering drawings, specifications, plans, and such
other information as may be necessary to define and describe the location,
design, capacity, materials, and other characteristics of a proposed
subdivision improvement.
A description defining land boundaries legally sufficient
for the purpose of sale and conveyance, tax assessment and collection,
and recording.
A tract of land represented and identified by a number or
letter designation on an official plat.
A lot in a subdivision, the plat of which, or parcel of land,
the deed of which was filed in the office of the County Recorder prior
to March 24, 1962.
The width of a platted lot measured at the front setback
line and/or the front lot line.
A lot with frontage on two intersecting streets.
A lot which is not a corner lot with frontage on two streets.
An area of contiguous land which is designated by the owner
or developer to be used, developed or built upon as a unit under single
or unified ownership or control. A zoning lot may be a part of a single
platted lot or a combination of several platted lots or parcels.
A legal description of land, which describes the boundaries
of the parcel by using distances and angles or bearings, or by reference
to physical features of the land.
The legal entity holding title to or having proprietary interest
in the land being subdivided or such representative or agent as is
fully empowered to act on its behalf.
A part of a tract of land.
A unique number or combination of numbers assigned to a parcel
of land pursuant to Section 441.29 of the Code of Iowa; also referred
to as "GPN" (Geo-Parcel Number).
[Amended 3-23-2023 by Ord. No. 23-02]
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 these regulations for a final plat, said cost being estimated by
the City Engineer, and said surety bond or cash deposit being legally
sufficient to secure to the City that the said improvements will be
constructed in accordance with this chapter.
The map or other graphical representation and supporting
documentation of the subdivider's plan for division of land.
The graphical representation of a survey of one or two parcels
of land, including a complete and accurate description of each parcel
within the plat, prepared by a licensed professional land surveyor.
The plat of survey is limited under these regulations to use for conveyance
of single parcels of land, unless the requirements to file a subdivision
plat are waived by the Council.
[Amended 3-23-2023 by Ord. No. 23-02]
A subdivision plat required by either the Auditor or the
Assessor, prepared by a licensed professional land surveyor under
the direction of the County Auditor in accordance with §§ 354.13
through 354.17 of the Code of Iowa.
[Amended 3-23-2023 by Ord. No. 23-02]
A subdivision plat map drawn to the standards of § 355.8
of the Code of Iowa and satisfying the provisions of §§ 354.6
through 354.11 of the Code of Iowa which is presented for approval
pursuant to this chapter prior to filing with the County Recorder,
Auditor and Assessor.
A final plat with all required certificates and documents
for filing with the County Recorder, Auditor and Assessor.
Either an auditor's plat or a subdivision plat, which has
been filed for record in the offices of the County Recorder, Auditor
and Assessor.
A drawing and supportive information as required in § 284-3 indicating the proposed manner of layout of the subdivision to be approved by the Commission and the Council upon finding conformance with the requirements and standards of this chapter, the Comprehensive Development Plan, and other City policies.
A sketch of a proposed layout of lots, blocks, streets, and
public improvements prepared for a presubdivision conference prior
to submittal of a preliminary plat.
The graphical representation of the subdivision of land,
prepared by a licensed professional land surveyor, having a number
or letter designation for each lot within the plat and a succinct
name or title that is unique within Linn County.[1]
[Amended 3-23-2023 by Ord. No. 23-02]
A subdivision plat representing land that has previously
been included in an official plat.
A parcel of land intended to be occupied for streets, sidewalks,
utilities, and other public purposes. In a plat, rights-of-way are
to be separate and distinct from other lots or parcels. Rights-of-way
intended for public facilities shall be dedicated to public use and
title transferred to the appropriate public agency.
A right-of-way serving more than one parcel of land which
provides principal vehicular and pedestrian access to adjacent properties.
Also, the paved area for vehicular travel located within such a right-of-way.
A street having only one end open to traffic.
A street located parallel to an expressway, major arterial
street, or railroad to provide access to abutting properties.
The owner or agent under legal authority of the owner who
undertakes to cause a parcel of land to be designed, constructed,
and recorded as a subdivision.
A division of a tract of land into two or more lots or parcels.
Any subdivision which is not a minor subdivision because
it requires either the construction of any public improvements or
proposes new public or private streets or contains more than four
lots. Unless otherwise specified, the term "subdivision" as used within
this chapter shall be assumed to refer to a major subdivision.
Any subdivision in which no new streets, public or private,
are proposed and which does not require the construction of any public
improvements and which contains no more than four lots.
A licensed professional land surveyor who engages in the practice of land surveying pursuant to Chapter 355 of the Code of Iowa.
[Amended 3-23-2023 by Ord. No. 23-02]
An aliquot part of a section, a lot within an official plat
or a government lot.
The services and facilities required to provide for the physical
functions and activities in developed real property. "Utilities" includes
but is not limited to sanitary sewer, water, natural gas, electricity,
telephone, cable television and other facilities and services. Utilities
may either be provided by public or private agencies.
[1]
Editor's Note: The definition of "proprietor," which immediately
followed this definition, was repealed 3-23-2023 by Ord. No. 23-02.
A.
Classification of plats and subdivisions. Plats and subdivision shall be classified as minor subdivisions, major subdivisions and auditor's plats, as those terms are defined in § 284-2.
B.
Presubdivision conference. Whenever
a major or minor subdivision is proposed within the platting jurisdiction
of the City, the subdivider may request a presubdivision conference
with City staff, utility company representatives, and the parties
responsible for the development of platting documents. The purpose
of the presubdivision conference is to acquaint the City staff and
utility company representatives with the proposed subdivision and
to acquaint the subdivider with the procedures and standards of the
City and utility companies with respect to the proposed subdivision.
C.
Sketch plat. The subdivider may
provide a map or sketch plat 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. The subdivider may request that the sketch
plat be submitted to the Commission and/or the Council for review
prior to preparation of preliminary and final plats in order to determine
the acceptability of the concepts for development of the land contained
therein.
D.
Plats required. In order to secure
approval of any proposed subdivision, the subdivider shall submit
plats and other information to the City as required by this chapter.
(1)
Major subdivision plats required.
The subdivider of any major subdivision shall comply with the submittal
requirements for a preliminary plat and for a final plat.
(2)
Minor subdivision plats required.
The subdivider of any minor subdivision is not required to submit
a preliminary plat. Specific portions of the documents required for
a preliminary plat may be required as part of the final plat submission
if requested by City staff, the Commission, or Council.
E.
Requirements for a preliminary
plat. The subdivider shall prepare the preliminary plat and supportive
materials in accordance with the Linn County Regional Planning Area
Submission Requirement for Preliminary Plats as adopted by resolution
of the Marion City Council.
[Ord. No. 00-44]
F.
Procedure for review of preliminary
plats.
(1)
Filing. The subdivider shall
file the appropriate number of copies of the preliminary plat materials
with the Community Development Department in accordance with established
administrative procedures.
[Amended 3-23-2023 by Ord. No. 23-02]
(a)
Filing fee. The preliminary
plat shall be accompanied by a filing fee in accordance with a schedule
of filing fees as adopted by the Council.
(b)
Deadline. The preliminary
plat shall be filed in accordance with the filing schedule as may
be established by the Commission and/or Council. Preliminary plats
filed without all required documentation or filed later than this
deadline will not be placed on the Commission agenda.
(2)
Distribution. The Community
Development Department shall distribute copies of the preliminary
plat and supporting documentation to the Council, the Commission,
and the appropriate City departments, and shall schedule the plat
for consideration by the Commission. The subdivider shall distribute
copies of the preliminary plat and supporting documentation to the
public utilities and such other persons as necessary to review the
plat.
[Amended 3-23-2023 by Ord. No. 23-02]
(3)
Staff review. The appropriate
City staff shall review the preliminary plat and prepare reports of
their findings and comments to the Commission and the Council.
(4)
Commission review. The Commission
shall examine the plat and staff reports and such other information
as it deems necessary or desirable, to ascertain whether the plat
conforms to the ordinances of the City, the Comprehensive Development
Plan and other duly adopted plans and policies of the City. The Commission
shall, within 60 days of filing of the preliminary plat and all required
supportive documentation, forward a report and recommendation regarding
the preliminary plat to the Council. If such recommendation is for
disapproval of the plat, the reasons therefor shall be set forth in
writing and a copy of the report and recommendation shall be provided
to the subdivider.
(5)
Council review.
(a)
The Council shall examine
the preliminary plat and the reports of the Commission, staff, and
such other information, as it deems necessary or desirable. The Council
shall ascertain whether the plat conforms to the ordinances of the
City, the Comprehensive Development Plan, and other duly adopted plans
and policies of the City.
(b)
The Council may approve,
approve subject to conditions, or disapprove the plat. If the Council
disapproves the plat, the reasons therefor shall be set forth in writing
by the Council.
(c)
The Council shall take
action on the preliminary plat within 45 days of the recommendations
of the Commission, unless the time period is extended by agreement
of the subdivider and the City. If information or modifications are
required before an approval can be granted, the Council may table
the matter until the conditions have been met or the necessary information
provided.
(6)
Submittal of the approved
preliminary plat. Following Council approval of a preliminary plat
but prior to the submittal of the plan of improvements to the City
Engineer, the subdivider shall file the appropriate number of copies
of the approved preliminary plat with the Community Development Department
in accordance with established administrative procedures.
[Amended 3-23-2023 by Ord. No. 23-02]
(7)
Distribution of the approved
preliminary plat. The approved preliminary plat shall be stamped and
signed by the Community Development Director. The Community Development
Department shall distribute the stamped and signed copies of the approved
preliminary plat to the appropriate City departments, the public utilities
and such other persons as necessary.
[Amended 3-23-2023 by Ord. No. 23-02]
(8)
Duration of approval of preliminary
plat. The approval of a preliminary plat by the Council shall be valid
for a period of two years from the date of such approval, except that
every preliminary plat or portion thereof not final platted shall
be subject to a requirement of being replatted in order to comply
with any municipal, state or federal laws or regulations that have
taken effect after approval of the preliminary plat. After a period
of two years, such approval of the preliminary plat shall be void
unless some portion of the preliminary plat is filed as a final plat
or the Council approves an extension on the period of validity. If
the preliminary plat expires, the subdivider shall be required to
resubmit a new preliminary plat for approval subject to the then current
subdivision and zoning regulations before any development of the subdivision
will be allowed.
[Ord. No. 03-25]
G.
Requirements for final platting.
The subdivider shall prepare the final plat and supportive materials
in accordance with the Linn County Regional Planning Area Submission
Requirement for Final Plats as adopted by resolution of the Marion
City Council.
[Ord. No. 00-44]
H.
Procedure for review and approval
of final plats.
(1)
Filing. To initiate consideration of a final plat, the subdivider shall file copies of the final plat map with the Community Development Department of the City in accordance with established administrative procedures. The final plat shall be accompanied by a filing fee in accordance with a schedule of filing fees as adopted by the Council. The final plat shall also be accompanied by payment of the stormwater management fee, as required by Chapter 274, Stormwater Management. The final plat shall be filed in accordance with the filing schedule as may be established by the Commission or Council. Final plats submitted without filing fees paid or filed later than the deadline or not in complete form will not be placed upon the Commission agenda.
[Amended 3-23-2023 by Ord. No. 23-02]
(2)
Commission review. The Community
Development Department shall schedule the final plat for consideration
by the Commission as required below. If the final plat is in conformance
with an approved preliminary plat for the area, no review or recommendation
by the Commission is required.
[Amended 3-23-2023 by Ord. No. 23-02]
(3)
If there is no approved preliminary
plat or the final plat is not substantially in conformance with the
approved preliminary plat, the Commission shall examine the final
plat and the reports of the City Engineer and the Community Development
Director and such other information as it deems necessary or desirable,
to ascertain whether the plat conforms to the approved preliminary
plat, the ordinances of the City, the Comprehensive Development Plan,
and other duly adopted plans and policies of the City. The Commission
shall, within 60 days of filing of the final plat with the Community
Development Department, forward a report and recommendation regarding
the plat to the Council. If the recommendation is for disapproval
of the plat, the reasons therefor shall be set forth in writing and
a copy of the report and recommendation shall be provided to the subdivider.
[Amended 3-23-2023 by Ord. No. 23-02]
(4)
Council review. The Council
shall examine the final plat, the reports of the Commission, the Community
Development Director, the City Engineer and such other information
as it deems necessary or desirable. Upon completion of such examination,
the Council shall ascertain whether the final plat conforms with an
approved preliminary plat, the ordinances of the City, the Comprehensive
Development Plan, other duly adopted plans and policies of the City.
If all findings are affirmative, the Council shall approve the final
plat.
[Amended 3-23-2023 by Ord. No. 23-02]
(5)
The Council may refuse to
consider a final subdivision plat submitted by a subdivider if that
subdivider is not in compliance with the terms and conditions of a
previously approved final plat of the same subdivider.
A.
General requirements for improvements.
(1)
Improvements required. The
subdivider shall, at their expense, construct the improvements required
by this chapter. The required improvements shall be designed in accordance
with the requirements set forth in the Design Standards Manual. The
drawings and technical specifications shall be approved by the City
Engineer prior to commencing construction of the proposed improvements.
The proposed improvements shall be constructed in accordance with
the drawings and technical specifications as approved by the City
Engineer.
[Amended 8-17-2023 by Ord. No. 23-21]
(2)
Plans required. Plans and
specifications shall be in essential conformity with the approved
preliminary plat and grading plan and shall conform to standard engineering
practices and the Design Standards Manual of the City.
(3)
City Engineer's review. The
City Engineer shall review the plan of improvements for conformance
to the Design Standards Manual and the approved preliminary plat and
grading plan and shall either approve, approve with conditions or
disapprove the plan of improvements by written statement within a
reasonable time after their filing. If the City Engineer's review
of the plans as submitted reveals a deficiency or error requiring
the material revision and resubmittal of the plans, the approval process
shall recommence at the time of submittal of the revised plans. The
developer may seek a variance from the required standards or file
an appeal of any portion of the City Engineer's decisions or interpretations
to the Council. The plan of improvements shall be reviewed by the
City Engineer prior to the Commission and/or Council consideration
of the final plat. The final plat shall not be considered by the Council
until the plan of improvements has been approved by the City Engineer.
No construction shall begin on subdivision public improvements until
the plan of improvements has been approved. No construction field
changes shall be made without the written approval of the City Engineer.
(4)
Installation of improvements. Before the final plat of any subdivision is approved and recorded, the public improvements required under this section shall have been either installed or assured as provided under Subsection C of this section.
(5)
Improvement requirements for extraterritorial subdivisions. Whenever, pursuant to § 284-1C, the City reviews a subdivision located in its extraterritorial review jurisdiction, the City may require, in lieu of construction and installation of sanitary sewers, sidewalks, storm sewers, portland cement concrete street paving, municipal water service, or any one or more of these public improvements, that the subdivider enter into an agreement to pay for said improvements or to allow for the installation and assessment of all the costs of said improvements at the time of or subsequent to voluntary or involuntary annexation.
B.
Required improvements.
(1)
Monuments. Monuments shall
be made of a permanent material sensitive to a dip needle and shall
be 5/8 inch in diameter or larger and shall extend at least 30 inches
below the finished grade. Permanent monuments shall be placed at all
section and quarter section corners within the subdivision and at
each block corner, lot corner, point of curvature, and points of tangency
of street lines and at each angle point. Deviations from and/or substitutions
for these standards must have the prior approval of the City Engineer.
(2)
Grading of lots. The subdivider
shall grade any or all portions of the property subdivided with lots
so that each lot will be suitable and usable for the erection of residential
or other structures thereon and according to the approved grading
plan.
(3)
Erosion and sediment control. All development shall comply with the applicable City, state and federal erosion and sediment control and stormwater quality regulations. Storm sewers shall not outlet onto undeveloped property unless adequate erosion control measures are taken to assure compliance with the State Erosion Control Law and Chapter 153, Erosion and Sediment Control, of this Code of Ordinances.
[Amended 3-23-2023 by Ord. No. 23-02]
(4)
Sidewalks.
[Ord. No. 14-11]
(a)
Concrete sidewalks shall
be constructed on both sides of the street in all subdivisions in
conformance with the Design Standards Manual. Construction of sidewalks
adjacent to lots in subdivisions may be deferred until a building
permit has been issued for the adjacent lot; however said deferral
shall not include corner ramp improvements or exceed five years beyond
approval of the final plat of which the lot is located. The deferral
of sidewalks within a final plat beyond the established five years
shall not be extended unless specifically approved by City Council.
No certificate of occupancy shall be issued until such time as the
sidewalks have been constructed.
(b)
Deferral of sidewalks as provided for in this section will require the subdivider to enter into an agreement to complete sidewalk improvements. The performance of such construction shall be secured consistent with § 284-4C, Guarantees of performance.
(c)
Notwithstanding the above, the Council may defer the requirement for installation of required sidewalks at the time of construction of improvements for the subdivision in excess of the aforementioned timeframe if it is determined that there is no public need for sidewalks. If no public need has been determined to exist, the subdivider shall enter into an agreement to install sidewalks at such time in the future as the City Council may pass a resolution of necessity for said sidewalks. Additionally, the subdivider shall provide performance of such construction consistent with § 284-4C, Guarantees of performance.
(5)
Street construction. When the subdivision abuts an existing unimproved street, the owner may be required to provide assurance that such street will be graded and paved as required by the City's Major Street Plan and the Design Standards Manual. Such assurance shall be in the form as provided in Subsection C, Guarantees of performance, of this section, except that the cash, cash escrow account or irrevocable letter of credit requirement of § 284-4C(4) will not be applicable. When the subdivision is to be bounded by a 1/2 width street right-of-way, the subdivider shall be required to grade and pave 1/2 of the street width required by the City's Major Street Plan and the Design Standards Manual. If the Design Standards Manual require construction of a full width street to assure two-way traffic capacity, the subdivider shall be required to secure agreements as necessary with the owner of the adjacent property to provide for construction of a full width street.
(6)
Extension of improvements.
The subdivider shall extend public improvements to include street
paving, sanitary sewer, storm sewer, water main and sidewalk throughout
the subdivision to assure availability to contiguous property, unless
expressly waived by Council.
(7)
Sanitary sewer. The subdivider
shall install sanitary facilities as specified in the approved plan
of improvements and in conformance with the Design Standards Manual.
Sanitary facilities shall include sanitary sewer connection to the
public sanitary sewer system unless an alternative sanitary system
is approved by the Linn County Health Department and by the Council
as part of the plan of improvements for the subdivision.
(8)
Water supply. The subdivider
shall install water supply facilities as specified in the approved
plan of improvements and in conformance with the standards and specifications
established by the Board of Trustees of the Marion Water Department.
Installation shall be subject to the approval of the Water Department
Administrator. If the approved water supply is from private wells,
the plan of improvements and the lot layout must be approved by the
Linn County Health Department and the Board of Trustees of the Marion
Water Department. Fire hydrants shall be installed in conformance
with the Standards and Specifications established by the Marion Water
Department Board of Trustees subject to approval of the location thereof
by the Fire Chief.
(9)
Off-site improvements. In
the event that a subdivision is determined to require new or enhanced
public improvements outside of the property being subdivided, it shall
be the responsibility of the subdivider to provide such public improvements
in a form as may be acceptable to the Council.
(10)
Public utilities.
(a)
Installation required.
In addition to sanitary sewer and water, other public utilities such
as electricity, natural gas, telephone and cable television shall
be installed to provide service to each building lot within the subdivision.
(b)
Underground public utilities.
Except in industrially zoned areas, and as provided in the following
subsection, all utility transmission lines, including, but not limited
to, electric, telephone, street lighting, cable television, and fiber
optic systems shall be installed underground. Appurtenances and associated
equipment, such as but not limited to surface mounted transformers,
pedestal mounted terminal boxes and meter cabinets, and concealed
ducts in an underground system may be placed above ground. Underground
utilities need not be installed in the following instances:
[1]
Any relocation of a
service on a lot when it does not necessitate any increase in the
number of existing overhead lines and/or utility poles.
[2]
Any increase of service
size, including single phase to three phase conversion, if no additional
overhead lines and/or utility poles are required.
[3]
For any new service
when utility poles exist along abutting property lines which are not
separated by any alley or public right-of-way and no additional utility
poles are required.
[4]
Installation of new
or replacement feeder lines and/or transmission lines, provided that
the location, physical appearance, and construction permits are specifically
approved by the Council.
(c)
The Council may grant
waivers for underground utility installation in the following instances:
[1]
Remodeling or altering
of a building or structure.
[2]
Enlarging an existing
use.
[3]
Temporary uses, including
directional signs, temporary stands, construction poles, water pumps,
and similar uses. The City Engineer may approve underground utility
waivers for temporary uses of less than six months' duration.
(d)
The following criteria
shall be considered by the Council prior to approving, conditionally
approving, or denying requests for underground utility waivers:
[1]
The age and anticipated
life of the existing structure.
[2]
The ratios of the cost
of underground utilities to the cost of any remodeling or addition.
[3]
The existing utility
service in the area.
[4]
Existing overhead utilities
shall not be perpetuated or expanded to the detriment of the aesthetics
of the City.
[5]
Such other factors
as the Council deems necessary to maintain the intent of this section.
(11)
Streetlighting. Streetlighting
shall be installed by the electric utility company at the expense
of the subdivider in compliance with the City's standards for streetlight
location. The City Engineer shall approve of the type and location
of streetlighting fixtures as part of the plan of improvements.
(12)
Street signs. Permanent
street identification and traffic control signs and devices shall
be installed at the subdivider's expense at the direction of the City
Engineer.
(13)
Buffers and screening. When
the Council determines a need, the subdivider shall install landscaping
features and plantings to provide a buffer or screening from high
traffic capacity streets and intensive land uses.
(14)
Front yard trees. At a minimum,
there shall be planted one tree at each single-family residential
lot. For residential uses other than single-family residential in
the R-3 and R-6A Zone Districts, street trees shall be planted at
a ratio of one tree for every 60 feet of frontage. Front yard trees
for all development in the R-4, R-5 and R-6 Districts shall be in
accordance with the applicable landscape standards adopted by resolution
of the Council. Such trees may be located in either the required front
yard or in the right-of-way adjacent to such lot, subject to the approval
of the City Arborist. Trees shall be nursery grown, straight stemmed,
free from disease, balled, burlapped and planted, staked and/or guyed
in accordance with arborists' practices for the area. The height shall
be at least six feet after pruning. Varieties and locations of trees
planted in accordance with this paragraph shall be subject to all
other applicable City ordinances and regulations.
[Amended 3-23-2023 by Ord. No. 23-02]
C.
Guarantees of performance.
(1)
Agreement. In lieu of the
requirement that public improvements be completed prior to approval
of the final plat, the subdivider may enter into an agreement to complete
said public improvements. Such agreement shall provide for completion
and acceptance of said improvements within a one-year period of time
unless specifically extended by the Council. The performance of such
construction shall be secured in one of the following manners as may
be approved by the Council:
(a)
The filing of cash with
the Finance Director or in an escrow account at an acceptable financial
institution in an amount equal to 120% of the cost of the improvements
to be completed as estimated by the City Engineer. The subdivider
may withdraw or reduce the amount of the security in amounts approved
by the City Engineer as improvements are installed and inspected.
Not more than 90% of said cash may be withdrawn prior to filing of
the required maintenance bonds and acceptance of the improvements
by the City. An escrow account at an approved financial institution
wherein the City can withdraw funds by its Finance Director's signature
alone, and the City Finance Director's signature along with the subdivider's
signature is required for withdrawal by the subdivider, will satisfy
this security requirement.
(b)
The filing of a surety
bond issued by an insurance company or bonding company acceptable
to the Council upon which the subdivider is a principal and the City
is the sole obligee. The bond shall be in an amount equal to the cost
of the improvements as estimated by the City Engineer. The assignment
of subcontractor bonds by the subdivider will not satisfy the provisions
of this paragraph.
(c)
The filing of an irrevocable
letter of credit from a bank or other financial institution acceptable
to the Council in an amount equal to 120% of the cost of the improvements
as estimated by the City Engineer. The letter of credit shall provide
that if all required public improvements are not completed and accepted
by the City prior to the expiration commitment, the City may draw
sufficient funds from the letter of credit to finance the construction
of the uncompleted public improvements.
(d)
The filing of a petition,
waiver of notice and consent to special assessment for installation
by the City of the required improvements and an irrevocable guarantee
by a bank or other acceptable financial institution that a bid will
be submitted on special assessment bonds issued by the City to pay
for the installation of said improvements. The filing of said petition
shall be accompanied by the filing of cash, cash escrow account or
irrevocable letter of credit in an amount of 10% of the cost of the
improvements as estimated by the City Engineer.
(2)
Releases. The City Engineer
may release specific lots within the subdivision from effect of any
of the special conditions under this subsection, if, and only if,
all public improvements needed to provide services to the lot have
been accepted by the Council, with the exception of minor cleanup
items.[1]
[1]
Editor's Note: Former § 175.04, Subsection 3.C,
of the 2003 Code, which previously followed this subsection, was repealed
by Ord. No. 14-11.
(3)
Form of documents. All documents
guaranteeing performance of the contract shall be in a form approved
by the City Attorney. If improvements are not completed within the
time specified, the Council may use the security or any necessary
portion thereof to complete said improvements. The Council may allow
an extension of time for completion of improvements consistent with
the security provided. The subdivider may enter into a memorandum
of agreement with the City with respect to any unusual circumstances
relative to construction of, or cost sharing for any required public
improvements.
D.
Inspection and testing of improvements.
The subdivider or their designee shall notify the City Engineer before
construction of each public improvement in order to facilitate the
inspection to assure that said improvements are constructed in accordance
with the approved plans, profiles and specifications. It is the ultimate
responsibility of the subdivider and their professional engineer to
provide assurance that the required improvements are constructed in
accordance with the approved plan of improvements for the subdivision,
the Design Standards Manual and with any specific standards contained
in this Code of Ordinances. The City Engineer may require testing
by qualified professional testing services of the capacity, durability
and other factors regarding the installation of public improvements
as they may deem necessary to assure that the public improvements
meet the Design Standards Manual and any specific standards contained
in this Code of Ordinances or the laws of the State of Iowa or the
United States. The Council may establish a schedule of fees for City
inspection of public improvements and/or to cover City expenses related
to such testing. The developer shall pay all costs associated with
geotechnical testing that is required by this section.
[Ord. No. 05-26; 8-17-2023 by Ord. No. 23-21]
E.
Acceptance. Acceptance of completed
public improvements by resolution of the Council shall be based upon
favorable recommendation by the City Engineer following receipt of
maintenance bonds as prescribed in the Design Standards Manual. The
public improvements become the property of the City upon acceptance.
(Reserved for future use.)
A.
Standards prescribed. The standards
set forth in this chapter shall be considered the minimum standards
necessary to protect the public health, safety, and general welfare.
General standards for layout of the subdivision are set out in this
section. Specific standards for design and construction of public
improvements are set out in the Design Standards Manual as most currently
approved by the Council and are incorporated herein by reference.
B.
Land suitability. The Council
shall not approve the subdivision of land which they find during the
subdivision review and approval process to be unsuitable for development
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. The Council may require engineering analysis of conditions
to determine whether land proposed for subdivision is suitable for
development. The cost of said engineering studies shall be borne by
the developer. If a subdivision is proposed for land which contains
land unsuitable for development, the subdivider may proceed if it
is determined during the review and approval process that the proposed
subdivision provides adequate developable land within each lot and
that all services can be provided to each lot and that the public
interest is served. If the Council finds that the land within a proposed
subdivision is unsuitable for development, the reasons for the determination
shall be stated in writing and the subdivider shall be afforded an
opportunity to present data regarding such unsuitability. Thereafter,
the Council may reaffirm, modify or withdraw its determination regarding
such unsuitability. The City Engineer may require at the subdivider's
cost any tests and information necessary to determine the suitability
of the land for development including recommendations for corrective
measures for any unsuitable conditions identified.
C.
Land subject to flooding. The subdivision of any land subject to significant flood hazard shall conform to the provisions of Chapter 163, Flood Damage Prevention, of this Code of Ordinances.
D.
Conformity with the plans and
ordinances of the City. The arrangement, character, extent, width,
and location of all streets and other public improvements, and the
general nature and extent of all lots and uses proposed shall conform
with the Comprehensive Development Plan, any other plan officially
adopted by the City and with this Code of Ordinances.
E.
Street standards. The following
standards shall apply to all public streets to be located within a
subdivision:
(1)
Where the subdivision encompasses
the alignment for a major street as identified in either the Linn
County Regional Planning Commission Major Street Plan, the Marion
Comprehensive Development Plan, or the Marion Major Street Ordinance,
the plat shall provide for such major street on an alignment and with
a right-of-way width in conformance with said adopted plans.
(2)
Minor streets. Minor streets
(local service) should be planned so as to discourage through traffic
and to conveniently channel traffic to the collector and arterial
streets.
(3)
Street connectivity. A connected
street network is required within neighborhoods. Street classes below
collectors shall not directly connect two or more arterial streets,
or an arterial and collector street to avoid cut-through traffic.
(4)
Street continuity. Streets
shall provide for the continuation of street alignments and grades
from adjoining platted areas, and for the extension of streets into
adjacent unplatted areas. Street alignments and grades shall take
into consideration access needed to develop adjoining properties.
(5)
Dead-end streets. Dead-end
streets are prohibited. However, if a street is planned to continue
beyond the subdivision, a temporary dead end may be allowed. A temporary
turnaround meeting the Design Standards Manual shall be provided and
maintained until such time as the street is extended.
(6)
Culs-de-sac. Streets which
connect to other streets are preferred for maintenance, fire protection,
and circulation, but culs-de-sac may be permitted where topography,
low traffic volumes, or other conditions justify their use. Cul-de-sac
streets should not exceed 600 feet in length and must terminate in
a circular right-of-way of not less than 120 feet in diameter.
(7)
Street right-of-way. Street
right-of-way shall be required within all subdivision plats consistent
with the street classification identified in the Marion Transportation
Plan. Standard right-of-way requirements corresponding to street classification
are set out below:
|
Classification
|
Standard Right-of-Way
|
|---|---|
|
Expressway
|
IDOT Design Criteria
|
|
Major arterial
|
100 feet
|
|
Minor arterial
|
80 feet
|
|
Collector
|
80 feet
|
|
Local street
|
60 feet
|
(a)
Standard street right-of-way
widths have been established within much of the built environment.
Street right-of-way width of existing streets have been established
and are included in the Major Streets Right-of-Way Guide. The Major
Streets Right-of-Way Guide is adopted by resolution and maintained
by the Engineering Department.
(b)
The minimum width for street
rights-of-way shall conform to this section, provided that the applicable
conditions are met.
[1]
Rights-of-way for residential
streets shall be determined by the need for such rights-of-way to
protect the City and to enable future revisions to the street system,
which can reasonably be foreseen.
[2]
Rights-of-way requirements
for all collector and arterial streets shall consider the need for
future widening and may be greater if required by the City Engineer.
[3]
Additional rights-of-way
for pedestrian access or landscaping adjacent to paved streets shall
be granted where sidewalks or other aesthetic enhancements are deemed
necessary in addition to the street.
[4]
If future widening is
indicated, the rights-of-way width shall be minimum, consistent with
accommodating the increased pavement.
[5]
Slopes adjacent to roadways,
natural or man-made, may be placed within easements on individual
properties rather than acquired as rights-of-way.
[6]
The minimum width provided
in this section may be reduced by Council action if such reduction
in width is offset by the reduction of on-street parking.
(8)
Partial width streets. Partial
width streets shall not be allowed except as part of development of
a major street with a planned alignment straddling a property line.
In such cases, the portion of the street to be developed must be wide
enough to accommodate two-way vehicular traffic. In most cases, it
shall be the responsibility of the subdivider to coordinate development
of any street along the boundary of their property with the development
of adjacent property in order to accomplish development of a full
width street. Where an existing platted partial width street abuts
a subdivision, a complementary partial width street to complete the
street shall be required.
[Amended 8-17-2023 by Ord. No. 23-21]
(9)
Intersection angles. Streets
shall intersect as nearly as possible to right angles. No streets
shall intersect at an angle of less than 60°.
(10)
Offset intersections. Street
intersections with center line offsets of less than 125 feet shall
be prohibited except where topography or other physical limitations
make such jogs unavoidable.
(11)
Street grades. Street grades
shall conform with the overall drainage pattern of the locality of
the subdivision and shall be in compliance with the Design Standards
Manual. Street grades and alignments shall be set to achieve safe
vertical and horizontal sight distances as specified in the Design
Standards Manual.
(12)
Street naming. New street
names shall not be the same or sound similar to existing street names.
Streets which are or will become extensions of existing streets shall
be given the same names as the existing streets. In general, new street
name suffixes should suggest the type and orientation of the street.
For example, "circle" and "court" should identify culs-de-sac, and
"lane," "way," "road" and "drive" should be applied to curving or
diagonal streets. "Avenue" should never be applied to a street with
a north-south general direction, and "street" should not be used for
an east-west oriented street. Streets with a numerical name lying
south of First Avenue must include a "South" prefix in the name, and
avenues with a numerical name lying west of First Street must include
a "West" prefix in the name.
(13)
Provision for additional
streets. When a tract of land is subdivided into large lots, such
lots shall be so arranged as to permit the logical location and development
of future streets and appropriate resubdivision with provision for
adequate utility connections for such resubdivision. Easements or
dedications for the future openings and extensions of such streets
or utilities may, at the discretion of the Council, be required for
approval of the subdivision.
(14)
Private streets and access
easements.
(a)
All platted streets within
the City are for public use, the dedication to be by deed or other
appropriate conveyance. Where unusual conditions make a private street
desirable, provided adequate covenants and agreements ensure that
the City will not have or need to assume any maintenance or other
responsibility for such street. The City may consider approval of
private streets and access easements under the following circumstances:
[1]
When the street is
a cul-de-sac or loop street;
[2]
When the street will
serve a very limited group of people and is designed and situated
so as to discourage use by the general public;
[3]
When the street is
proposed in a location for which adequate right-of-way does not exist
to meet public street standards because of natural topographical conditions;
or
[4]
When the street will
serve as access and/or required frontage for only one single-family
dwelling unit.
(b)
Design specification.
Private streets and access easements shall meet all requirements of
this section and the Design Standards Manual of public improvements
with the exception that private streets and access easements which
serve as public access to or provide required frontage for only one
single-family residence need not be terminated with a circular turnaround.
All private streets and access easement streets shall be installed
and constructed in accordance with plans, profiles, and cross sections
submitted to and approved by the City Engineer.
(c)
Maintenance and liability.
The owners and/or assigns of private streets and access easements
shall be responsible for maintenance of said streets, and the City
shall have no liability for injuries or damages sustained on the premises.
F.
Block and lot standards. The following
standards shall apply to the design of blocks and lots in all subdivisions
and, to the extent possible, in all resubdivisions, and shall be observed
except in special conditions where variations are warranted:
(1)
The width of a block shall
normally be sufficient to allow for two tiers of lots with utility
easements as needed. Blocks intended for business or industrial use
shall be of such width as may be best suited for the contemplated
use of the property.
(2)
No residential block shall
be longer than 1,300 feet measured from street line to street line.
(3)
Lot arrangement and design
shall provide satisfactory building sites properly related to topography
and surrounding land uses.
(5)
In no case shall a lot have
a width of less than the required lot width of the underlying zoning
district when measured at the front yard setback line and less than
35 feet measured at the front lot line.
[Amended 7-6-2023 by Ord.
No. 23-12]
(6)
Corner lots shall have sufficient extra width to permit the required corner side yard setbacks as specified in Chapter 340, Zoning.
(7)
Double frontage lots and reversed
frontage lots shall be avoided except where necessary to provide separation
of development access from high traffic arterial streets or to overcome
specific topographic and/or orientation problems.
(8)
Dwelling units shall not be
given direct driveway access to arterial or collector streets except:
(9)
All buildable lots shall have
frontage on a public or private street or be served by an approved
access easement.
(10)
All side lot lines should
be as near as possible to right angles to straight street lines or
radial to curved street lines, unless a variation will provide a better
street or lot layout.
(11)
Any lot not to be served
by a sanitary sewage system shall have sufficient area as determined
by the Linn County Health Department to allow for satisfactory operation
of an alternative septic system.
G.
Easement standards. The following
standards shall apply to the provision of easements in all subdivisions:
(1)
Easements shall conform to
the provisions of the Design Standards Manual.
(2)
An easement for public utilities
and facilities shall be provided, where necessary, as prescribed for
location and width by the benefiting utility operator to form a continuous
easement through the service area.
(3)
In general, a minimum easement
width along a side or rear lot line shall be eight feet resulting
in a combined easement 16 feet in width. Easements of greater width
or across lots may be required and easements of lesser width may be
approved if accepted by the utility operator(s) and the City.
(4)
Written approval of the easements
by each utility operator shall be submitted to the City prior to approval
of the final plat.
(5)
Sanitary sewer easements shall
be required in those cases where the sanitary sewer must be located
outside public rights-of-way or general utility and/or drainage easements.
(6)
Drainage easements for storm
sewers and/or open channels shall be required where storm drainage
cannot be practically carried by streets or other rights-of-way as
determined by the SUDAS and the City of Marion's General Supplemental
to SUDAS. The location of drainage easements shall be based upon evidence
of natural drainage patterns and/or grading and drainage plans submitted
with the subdivision documentation in accordance with the Design Standards
Manual and the SUDAS and the City of Marion's General Supplemental
to SUDAS. The width of drainage easements shall be determined based
upon a combination of the design width of any open channel drainageway
as determined by the SUDAS and the City of Marion's General Supplemental
to SUDAS and the Design Standards Manual and of the need to use large
motorized equipment to maintain the storm sewer or open channel.
[Amended 3-23-2023 by Ord. No. 23-02]
(7)
The easement rights provided
pursuant to this section shall be granted by the developer to the
City for the benefit of the appropriate utility operator.
(8)
No structures shall be placed
or erected on or over any easement without a specific release from
the benefiting utility operator and approved by the City.
(9)
Utility and drainage easements,
as recorded on a subdivision plat, shall not thereafter be changed
or vacated without the approval of the Council by resolution based
upon releases from the benefiting utility operators and recommendations
from the City Engineer.
H.
New residential subdivisions submitted
for final plat approval after July 1, 2007, that provide for on-street
parking of vehicles shall limit the parking of vehicles to only one
side of each street. The City Engineer shall review the sides designated
for vehicle parking and may direct revision if the Engineer determines
that the other side of any street is the side that should be designated
for parking.
[Ord. No. 14-05]
[Ord. No. 20-09]
Maintenance bonds shall be provided as required by Division 1, Section 1070, Part 3, Section 60-1 of the SUDAS Specification Manual as adopted and approved by City Council. In lieu thereof, at the option of the City Engineer, the owner, developer, or contractor shall make a cash payment to the City's Construction Maintenance Self-Insurance Fund in the amount determined in § 284-8 or by subsequent resolution of the City Council. The City Engineer will approve said cash payment in lieu of maintenance bond if the City Engineer is satisfied from past performance or other evidence that the construction work of the owner, developer, or contractor on a project will be such that acceptance of a cash payment into the fund in lieu of a maintenance bond will not expose the fund to a significantly higher than normal risk of loss. The payment must be made prior to City Council acceptance of any public improvement.
[Ord. No. 02-16]
A.
Establishment.
(1)
There is hereby established
in the office of the City Finance Director a Construction Maintenance
Self-Insurance Fund.
(2)
Cash payments may be made
to said fund in lieu of posting a maintenance bond under Division
1, General Provisions and Covenants, of the Design Standards Manual.
[Amended 3-23-2023 by Ord. No. 23-02]
(3)
The initial amount of the
payment into this fund to relieve an owner, developer, and/or contractor
of the responsibility of posting a maintenance bond shall be calculated
by the City Engineer:
As $12 per $1,000 of the contract price of a street, storm or
sanitary sewer improvement or improvements, or $12 per $1,000 of the
City Engineer's estimate of the contract price of the storm or sanitary
sewer improvement or improvements, whichever is greater. Where a performance
bond has been posted a credit of one year shall be allowed.
(4)
The amount of this payment
may, from time to time, be revised by the City Council by adoption
of a resolution revising the same.
(5)
Payment into this fund will
relieve the owner, developer, and/or contractor of any further responsibility
or liability to remedy any and all defects that may develop in said
work by reason of bad workmanship or poor material used in the construction
of said work or to keep the same in good repair after acceptance of
the improvement except that payment into this fund shall not relieve
any surety or principal of these obligations covered under the terms
of a performance bond filed with the City for the same improvement.
(6)
This fund will be liable to
the City General Fund for costs incurred to remedy any and all defects
that may develop in said work by reason of bad workmanship or poor
material used in the construction of said work or to keep the same
in good repair after acceptance of the improvement for a period of
two years from the date of acceptance of a storm or sanitary sewer
project and for a period of four years from the date of acceptance
of a street construction project and for administrative and inspection
costs relating to the fund and said projects and these costs shall
be paid by the Finance Director by transfer when so directed by the
City Manager.
B.
Funding.
(1)
The City Finance Director
is hereby authorized to consult with the City's auditors, actuaries
and such other persons as the Finance Director deems necessary to
determine:
[Amended 3-23-2023 by Ord. No. 23-02]
(2)
The
City Finance Director is hereby authorized to recommend to the City
Council a proposed amount to transfer from the City's unencumbered
general fund cash balance, or other available funds, such funds as
are necessary to fund an adequate starting balance. Said transfer
shall be deemed a non-interest-bearing loan which shall be repaid
when and as the condition of the Construction Maintenance Self-Insurance
Fund allows.
(3)
The City Finance Director
shall provide the City Council with an annual report on the condition
of the Construction Maintenance Self-Insurance Fund.
(4)
Not less than every five years
from inception of the fund, the City Finance Director shall include
in their annual report a recommendation as to whether or not:
[Amended 8-17-2023 by Ord. No. 23-21]
