The applicant shall submit the preliminary plat
and proposed plan of the subdivision with every application for a
permit.
The preliminary plat and plan shall include
the following information and documents:
A.
Form. In title block located in the lower right-hand
corner of the sheet shall appear the following:
(1)
The proposed name of the subdivision.
(2)
The location map of the subdivision, including the
address and the section, township and range, adjacent subdivisions,
tracts, roads, streets and other pertinent information.
(3)
The names and addresses of the owner, subdivider,
if other than the owners, and the surveyor or planner of the subdivision.
(4)
Date of preparation, scale (at least two hundred feet
to the inch) and north arrow.
B.
Existing conditions. The plat shall show:
(1)
The location of the nearest horizontal and vertical
control monuments.
(2)
The boundaries of the proposed subdivision and the
acreage included.
(3)
A location map, drawn to a scale of not less than
one inch equals one thousand feet, showing boundary lines of adjoining
unsubdivided or subdivided land within an area bounded by the nearest
arterial streets or other natural boundaries, identifying the type
of use and ownership of surrounding land and showing the alignment
of existing streets.
(4)
Where the plat submitted covers only a part of the
subdivider's tract, a sketch of the prospective street system of the
unplatted parts of the subdivider's land shall be submitted, and the
street system of the part submitted shall be considered in the light
of existing master street plans or other planning and zoning commission
studies.
(5)
The locations, widths and names of all existing streets
within two hundred feet of the subdivision and of all prior platted
streets or other public ways, utility rights-of-way or easements,
parks and other public open spaces, permanent buildings and structures,
houses or permanent easements and section and incorporation lines
within and adjacent to the tract.
(6)
The locations of all wells, proposed, active or abandoned,
and of all reservoirs within the tract and to a distance of at least
one hundred feet beyond the tract boundaries.
(7)
Existing sewers, water mains, culverts or other underground
facilities within the tract and to a distance of at least one hundred
feet beyond the tract boundaries, indicating pipe sizes, grades, manholes
and exact locations.
(8)
Existing ditches, canals, natural drainage channels
and open waterways and proposed realignments.
(9)
Boundary lines of adjacent tracts of unsubdivided
land, showing ownership where possible.
(10)
Contours, existing and finished, at vertical intervals
of not more than five feet, or not more than ten feet for steep terrains;
provided, that property corner elevations shall be adequate for land
which is on a gradient of three percent or less. High water levels,
where known, of all watercourses, if any, shall be indicated in the
same datum for contour elevations.
C.
Planning. Included in the preliminary plat of the
proposed subdivision shall be:
(1)
The layout of streets, curbs, gutters and sidewalks,
showing locations of walks and easements.
(2)
The layout, numbers and dimensions of lots.
(3)
Parcels of land intended to be dedicated or temporarily
reserved for public use or set aside for use of property owners in
the subdivision.
(4)
Easements for all utilities, drainage and other purposes.
(5)
A tentative plan or method by which the subdivider
proposes to satisfy water supply and sewage disposal requirements.
(6)
A tentative plan to adequately prevent siltation of
streams during development.
(7)
A tentative plan to provide fire hydrants.
(8)
A tentative plan to provide street lighting.
(9)
Where necessary, copies of any agreement with adjacent
property owners relevant to the proposed subdivision.
[Amended by Ord. No. 81-13; Ord. No. 84-5; Ord. No. 84-14]
All subdivisions must provide for the following
improvements and comply with the following standards:
A.
Streets.
(1)
The arrangements of streets in a new subdivision shall
make provisions for the continuation of the existing streets in adjoining
areas, or their proper protection where adjoining land is not subdivided,
insofar as such may be deemed necessary by the planning and zoning
commission for public requirements. The street arrangement must be
such as to cause no unnecessary hardship to owners of adjoining property
when they plat their own land and seek to provide for convenient access
to it.
(2)
Minor streets shall approach the major or collector
streets at an angle of not less than eighty degrees.
(3)
Half streets proposed along a subdivision boundary
or within any part of the subdivision shall not be approved.
(4)
All proposed streets, whether public or private, shall
conform to standards set by the City engineer and adopted by the City
council.
(5)
All public and private access rights-of-way shall
be graded and surfaced in accordance with the standards as set forth
by the City engineer.
(6)
Curbs, gutters and sidewalks shall be required and
shall be constructed to City standards and specifications.
B.
Lots.
(1)
The lot arrangement and design shall be such that
lots will provide satisfactory and desirable sites for building and
be properly related to topography and to existing and probable future
requirements.
(2)
All remnants of lots below the minimum size left over
after subdividing a larger tract must be added to adjacent lots rather
than be allowed to remain as unusable parcels.
(3)
No standards are given for lots in subdivisions for
multi-family, planned unit development, mobile home, commercial or
industrial purposes. Subdivision plans for such land uses shall be
submitted to show land usage, proposed structures, vehicular and pedestrian
circulation, parking, public use if any, landscaping and dedicated
open spaces, and the plan shall include all necessary drawings to
demonstrate the character and physical relationships of all proposed
development within the subdivision to adjacent land uses and circulation
systems.
(4)
The planning and zoning commission may require that
easements for drainage through an adjoining property be provided by
the subdivider, and easements of not less than ten feet in width for
water, sewer, drainage, power lines and other utilities shall be provided
in the subdivision when required by the commission.
(5)
The subdivider shall allocate and convey to the City
five percent of the total land area of his subdivision for public
purposes, at a location agreed upon by the City and the subdivider,
or, at the option of the City, the subdivider shall, in lieu of such
conveyance of land, pay to the City a cash amount equal to eleven
percent of the raw land value to the total land area in the proposed
subdivision. The price of such land shall be established and agreed
upon by the City and the subdivider prior to accepting the final plat
of such subdivision. If the City and the subdivider fail to agree
on the value of such land, the value shall be established by three
independent appraisers mutually acceptable to the subdivider and the
City. The costs of such appraisal shall be shared equally between
the City and the subdivider. The payments made in lieu of conveyance
of land shall be retained in a separate account and used only for
public purposes.
C.
Water supplies.
(1)
Except in those cases where the City council deems
it possible for them to provide water to a subdivision, all subdivisions
will be required to connect to the City water system.
(2)
The subdivider will be required to construct a water
distribution system in the subdivision, with water connections being
provided at each lot line.
(3)
The subdivider shall convey to the City all water
rights appurtenant to the subdivided land.
(4)
The City council shall have the option of assessing
a proportionate share of any necessary improvements to water supply
facilities necessary to provide water to the subdivision.
(5)
Where the City council deems it impossible to provide
water to a subdivision, the subdivider will be required to construct
a central water system in accordance with standards and requirements
of the City and the state departments of health and environmental
quality.
D.
Sewage disposal.
(1)
Except in cases where it is deemed by the City engineer
and the City council as impossible to serve a proposed subdivision,
all subdivisions will be required to connect to the City's sanitary
sewage system. The subdivider will be required also to construct the
necessary collection facilities with connections to each lot line
in the subdivision.
(2)
The system shall be constructed to meet or exceed
City standards and shall be approved by the state.
(3)
The City council shall have the option of assessing
a proportionate share of the cost necessary to upgrade the treatment
and collection facilities in order to adequately handle the sewage
of the proposed subdivision.
E.
Storm water. The planning and zoning commission may
require the subdivider to dispose of storm water if such provision
is deemed necessary. If easements are required across abutting property
to permit drainage of the subdivision, it shall be the responsibility
of the subdivider to acquire such easements.
F.
Fire hydrants. Fire hydrants shall be installed. All
fire hydrants shall be furnished by the City and shall remain its
property and be accessible to the City and subject to its control;
provided, that it shall be the subdivider's responsibility and expense
to reimburse the City for the cost of the fire hydrants. It shall
be the subdivider's responsibility to install such fire hydrants;
however, such installation shall be done under the direction and supervision
of the City engineer.
G.
Protection strips. Where subdivision streets parallel
contiguous property of other owners, the subdivider may, upon approval
of the planning and zoning commission, retain a protection strip not
less than one foot in width between the street and adjacent property;
provided, that an agreement, approved by the City attorney, has been
made by the subdivider, contracting to deed to the owners of the contiguous
property the one foot or larger protection strip for a consideration
named in the agreement, such consideration to be not more than the
fair cost of land in the protection strip, the street improvement
property chargeable to the contiguous property, plus the value of
one-half of the land in the street at the time of agreement, together
with interest at a fair rate from the time of agreement until the
time of subdivision of such contiguous property. One copy of the agreement
shall be submitted by the City attorney to the planning and zoning
commission prior to approval of the final plat. Protection strips
shall not be permitted at the end or within the boundaries of a public
street or proposed street or within any area intended for future public
use.
H.
Public lighting. Public lighting shall be installed
according to standards of the City engineer and the public utility
providing the electrical power.
I.
Utilities. All utilities shall be located underground.
J.
Street signs. Street signs shall be installed at every
intersection within or adjacent to the subdivision. All streets signs
shall be furnished by the City and shall remain its property and be
accessible to the City and subject to its control; provided, that
it shall be the subdivider's responsibility and expense to reimburse
the City for the cost of the street signs. It shall be the subdivider's
responsibility to install such street signs; however, such installation
shall be done under the direction and supervision of the City engineer.
[Added 7-20-2004 by Ord. No. 04-07]
All new rural residential subdivisions located
in the Rural Residential 1 (RR-1) and Rural Residential 5 (RR-5) zoning
districts must provide for the following improvements and comply with
the following standards:
A.
Streets.
(1)
Streets shall be developed as public streets, and
the paved portion of the street shall have a width of at least 24
feet with an eight-foot gravel shoulder on both sides of the street
that can be used for parking.
(2)
Streets shall be improved with asphalt or concrete.
(4)
No sidewalks or planting strips shall be required.
A circulation plan shall be provided to show any pedestrian pathways,
bicycle trails, equestrian trails or ATV trails. Such pathways and
trails need not be improved with concrete or asphalt.
B.
Public lighting. At a minimum, street lighting shall
be located at the street intersections and at fire hydrant locations.
C.
street signs. The subdivider shall provide all street
signs which are necessary for traffic control and public safety.
[Amended by Ord. No. 81-62]
Refunds to the subdivider for extension of water, sewer, storm sewer mains, City streets and utilities as provided for in section 22-17 or as directed by the City council shall be made as follows:
A.
Refunds will be made:
[Amended 10-2-2012 by Ord. No. 12-04]
(1)
When
extensions are made outside of the subdivision boundary and are necessary
to provide services to the subdivision; and
(2)
When
a subdivider constructs an extension in a platted, but unimproved
subdivision, or a phase of a platted, but unimproved subdivision,
and the subdivider does not own all of the lots within the platted
subdivision or the phase of the platted subdivision, and another owner
of a lot within the subdivision connects to or uses the extension.
B.
In order to receive a refund, the subdivider must
petition the City to set up an extension account by providing the
City with complete and accurate information showing the costs incurred
to construct the extension. The City will evaluate the costs associated
with construction of the extension and establish a cost per foot to
be charged to property owners who connect to or use the extension
which has been installed by the subdivider. In determining the cost
per foot of the extension, the total cost of extending the main line,
street or utility, including engineering and construction cost, will
be divided by the total front footage of the property bordering on
the extension. If, after the cost per foot has been computed and the
cost figures have been filed with the City, a new road intersects
the extension, the cost per foot will remain the same as originally
computed.
[Amended 10-2-2012 by Ord. No. 12-04]
C.
The City will maintain accurate cost records and establish
a ledger sheet for each extension.
[Amended 10-2-2012 by Ord. No. 12-04]
D.
When property located adjacent to the water, sewer and storm sewer mains and other City streets and utilities is developed and the owner desires to connect to such line extensions and City streets and utilities, the owner of the property shall, before obtaining a building permit or connecting to or using such mains, streets or utilities, pay the City a fee based on the number of proposed units in the development and determined by the City engineer after reviewing the ultimate design population and cost of the project. The City engineer may consider the ultimate design capacity, the potential number of units in both the original property and the proposed development, the total actual cost of the extension of main lines, streets and utilities and any other factors in making his determination. Such fee shall be in addition to the regular water and sewer tapping or connection fees as provided for in Chapters 19 and 23 of this Code.
[Amended 10-2-2012 by Ord. No. 12-04]
E.
When property located not adjacent to the water, sewer and storm sewer mains and other City streets and utilities is developed and the owner desires to connect to such line extensions, streets and utilities, the owner of that property shall, before connecting to or using such mains, streets or utilities, pay the City a fee based on the number of proposed units in the development and determined by the City engineer after reviewing the ultimate design population and cost of the project. The City engineer may consider the ultimate design capacity, the potential number of units in both the original property and the proposed development, the total actual cost of the extension of main lines, streets and utilities and any other factors in making his determination. Such fee shall be in addition to the regular water and sewer tapping or connection fees as provided for in chapters 19 and 23 of this Code.
F.
The regular connection or tapping fee will be retained
by the City.
G.
If the original subdivider paid for the cost of the
extension, the additional amount will be refunded to the original
subdivider or other agent as he may direct. If the City paid for all
of the cost of the original extension, the City shall retain the additional
connection fee. If the City paid for part of the cost of the original
extension, the additional connection cost shall be divided between
the City and the original subdivider based on the design capacity
paid for by the City and the original subdivider.
H.
In the event that only one side of the street can be developed, the cost will be the same as provided in subsection D of this section.
I.
Reimbursements for the extensions shall extend for
a period of ten years from the date of completion of the main line,
street or utility, after which no further reimbursement shall be made
to the subdivider. After ten years, no further refunds shall be made
to the subdivider, nor shall the reimbursement include interest or
be for a greater sum than the initial cost of the extensions. The
date of completion shall be the date the subdivider submits to the
City the total cost for the extension and certifies to the City that
the costs submitted are the total actual costs of such extensions.
J.
If a particular situation does not fit into the above
policy, the City council shall make such agreements as necessary to
satisfy the intent of this policy.
