-SUBDIVISION
ORDINANCE-
LAND SUBDIVISION REGULATIONS – TAMA COUNTY, IOWA
An ordinance providing rules, regulations and standards to guide land
subdivision in Tama County, Iowa.
ARTICLE I. TITLE
Section 100. Title. This ordinance shall be known, cited and
referred to as the “Subdivision Ordinance” of Tama County, Iowa.
ARTICLE II. PURPOSE AND JURISDICTION.
Section 200. Purpose. The purpose of these regulations is to provide
minimum standards for the design, development, and improvement of all new
subdivisions and resubdivisions so as to provide for the harmonious development
of Tama County and for the coordination of streets and other public open spaces
in new subdivisions with other existing or planned streets and public open
spaces in the County or region.
Section 201. Jurisdiction. Because each new subdivision accepted by Tama
County becomes a permanent unit in the basic physical structure in the growth
and development of the County, all subdivisions hereafter planned within the
unincorporated areas of the County shall in all respects be in full compliance
with the regulations hereinafter set forth. A subdivision is defined in
Section 401.28 as the division of any parcel of land three (3) or more parcels
of lots for the purpose of transfer of ownership. Subdivisions located
within two (2) miles of the corporate limits of any city or town also enforcing
subdivision regulations shall be subject to both the platting regulations of
the County and those of such Cities or Towns.
Section 202. Exceptions. Parcels created by governmental entities or the
division of land for agricultural purposes into lots and not involving a new
street shall not be deemed a subdivision.
ARTICLE III. ADMINISTRATION.
Section 300. County Officials. An appointed Zoning Administrator, the Zoning
Commission, the County Sanitarian, the County Engineer and the Tama County
Board of Supervisors shall administer the provisions of this ordinance.
When applicable, performance bonds are subject to the approval of the County
Attorney and County Treasurer. All plats shall be submitted to the Zoning
Administrator, who shall be responsible for distributing them to the
appropriate offices. After reviewing the plats, the Commission and
Engineer shall submit their recommendations and the plats to the Board of
Supervisors, who shall have the final power to approve or deny the application.
ARTICLE IV. DEFINITIONS.
Section 400. Word Conventions. For
the purpose of this ordinance the language used herein shall be in accordance
with the following rules:
1.
The singular number shall include the plural, and the plural the singular.
2.
The use of the present tense shall include the past and future tense, and the
future shall include the present.
3.
The word “shall” is mandatory, the word “may” is permissive, and the word
“should” is suggestive.
4.
All measured distances, expressed in feet, shall be to the nearest integral
foot.
5.
All distances, unless otherwise specified, shall be measured horizontally.
6.
The word “building” shall include the word “structure.”
Section 401. Definitions. For the purpose of this Ordinance all words
shall carry their customary meanings, except as specifically defined
hereinafter:
1. ALIQUOT
PART. 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.
2. ALLEY.
A right-of-way providing a secondary means of access to abutting property.
3. ARTERIAL
STREET. A public right-of-way with a high degree of continuity that
serves the movement of large volumes of traffic between various districts.
4. BLOCK.
An area of land within a subdivision that is entirely bounded by streets,
railroad rights-of-way, rivers, tracts of public land, or the boundary of the
subdivision.
5. BUILDING
LINE. A line designating the allowable proximity of a building with an
adjacent street, alley or property line.
6. COLLECTOR
STREET. A public street which carries traffic from minor streets to an
arterial, including the principal entrance streets of a residential development
and streets for basic circulation within such a development.
7. COMPREHENSIVE
PLAN. The composite of the functional and geographic elements of the
determined goals and objectives of the County for the harmonious future
development thereof; in the form of plans, maps, charts and text material as
adopted by Tama County.
8. CUL-DE-SAC.
A minor street having one open end and being permanently terminated at the
other end by a vehicular turn-around.
9. EASEMENT.
An authorization by a property owner for another person or persons, or the
public generally, to use a designated part of the owners property for a
specified purpose.
10. FINAL
PLAT. A map or plan of a subdivision, and any accompanying material.
11. HALF
STREET. A street bordering one or more property lines of a tract of land
in which the developer has allocated only a portion of the ultimate
right-of-way width.
12. GOVERNMENT
LOT. 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.
13.
IMPROVEMENT. A change to the land necessary to prepare it for building
sites, including but not limited to grading, filling, street paving, curb
paving, sidewalks, walkways, water mains, sewers and drainage-ways.
14. LOT. A
portion of a subdivision or other parcel of land intended as a unit for the
purpose of transfer of ownership or for building development.
15. MARGINAL
ACCESS STREET. A minor street which is parallel and adjacent to an
arterial, and which provides access to abutting properties and protection from
through traffic.
16. METES AND
BOUNDS DESCRIPTION. A description of land that uses distances and angles,
uses distances and bearings, or describes the boundaries of the parcel by
reference to physical features of the land.
17. MINOR
STREET. A street of limited continuity used primarily for access to
abutting properties and the local needs of a neighborhood.
18. OFFICIAL
PLAT. Either an auditor’s plat or a subdivision plat that meets the
requirements of Chapter 354 and has been filed for record in the office of the
County Recorder.
19. OPEN
SPACE. Land within or related to a development, not individually owned or
dedicated for public use, which is designed for the common use or enjoyment of
the residents of the development and may include such complimentary structures
and improvements as are necessary and appropriate.
20. OWNER.
The legal entity holding title to the property being subdivided, or such
representative or agent as is fully empowered to act on said entity’s behalf.
21. PEDESTRIAN
WAY. A right-of-way across or within a block for use by pedestrian
traffic whether designated as a pedestrian way, a crosswalk or other.
22. PERSON.
Any individual, firm, association, partnership, corporation, trust or any other
legal entity.
23. PLAT. A
map, drawing or chart that shows the plans for the subdivision of land.
24. PRELIMINARY
PLAT. A tentative map or plan of a proposed subdivision.
25. PROTECTIVE
COVENANTS. A contract entered into between private parties and which
constitutes a restriction on the use of all private property within a
subdivision for the benefit of property owners, and to provide mutual
protection against undesirable aspects of development that would tend to impair
stability of values.
26. STREET.
A right-of-way that affords primary means of access by pedestrians and vehicles
to abutting properties.
27.
SUBDIVIDER. Any person commencing proceedings under this Ordinance, for
himself or for another.
28.
SUBDIVISION. The division of a parcel of land into three (3) or more lots
or parcels for the purpose of transfer of ownership or for building
development, or, if a new street is involved, any division of a parcel of
land. The term includes resubdivision and, when appropriate to the
context, shall relate to the process of subdividing or to the land subdivided.
29. SUBDIVISION
DESIGN STANDARDS. The guides, principles and specifications for the
preparation of subdivision plans.
30.
SURVEYOR. A licensed land surveyor who engages in the practice of land
surveying pursuant to Chapter 542B of the Code of Iowa.
31. TRACT.
An aliquot part of a section, a lot within an official plat, or government lot.
32.
UTILITIES. A system for the distribution or collection of water, gas, electricity,
wastewater, sewage, storm water, telephone, and cable television.
33. ZONING
ADMINISTRATOR. The County Official appointed by the Board of Supervisors
to administer this Ordinance.
ARTICLE V. PROCEDURE FOR PLAT
APPROVAL.
Section 500. Feasibility Study Procedure.
1.
Before subdividing any tract of land and previous to the filing of an
application for conditional approval of Preliminary Plat, the Subdivider should
meet with the Tama County Zoning Commission and discuss their plans.
Plans and data should be presented to the Commission as specified in Section
600.1 and 600.2 of this Ordinance. This step does not require formal
application, fee, or filing of plat with the Zoning Commission.
Advice to the Subdivider:
The purpose of the
feasibility study is to afford the Subdivider an opportunity to avail
themselves of the advice and assistance of the Zoning Administrator and the
Zoning Commission, and to consult early and informally with the Commission
before preparation of the Preliminary Plat and before formal application for
its approval, in order to save time and money and to make the most of their
opportunities.
The Subdivider should
also consult with parties potentially interested with him/her or with the
ultimate users of the development, such as lending and mortgage insurance
institutions, with a view to reaching, at this initial stage, firm conclusions
regarding what part of the market demand should be served, the suitability of
the location of the proposed subdivision, and the most advantageous subdivision
plan, including the arrangement of streets, lots and other features of the
proposed development.
Here is where the die is
cast; opportunities are assured or lost. Good counsel on all parts of the
problem is essential at this stage. The Subdivider is advised to engage a
land planning specialist qualified to help him/her resolve the major factors
into a workable and profitable subdivision plan.
2.
Either at the time of meeting or within fifteen (15) days after such meeting
and discussion the Zoning Commission shall inform the Subdivider that the plans
and data as submitted or as modified do or do not meet the objectives of these
regulations. When the Zoning Commission finds the plans and data do not
meet the objectives of these regulation it shall express its reasons therefore.
Section 501. Preliminary Plat Procedure.
1.
On reaching conclusions, informally as recommended in Section 500 above,
regarding his/her general program and objectives, the Subdivider shall cause to
be prepared a Preliminary Plat, together with improvement plans and other
supplementary material as specified in Section 601.
2.
At least four (4) copies of the preliminary plat together with four (4)
completed application forms for preliminary approval shall be submitted to the
Zoning Administrator, who shall set a time within two weeks for a meeting of
the Zoning Commission. Upon receipt of a preliminary plat the Zoning
Administrator shall immediately refer two (2) copies of said plat to the
Secretary of the Zoning Commission and one (1) copy to the County Engineer.
3.
The Zoning Commission shall notify the owner or subdivider as to the time and
place of the meeting at which his/her plat and plan will be studied. The
Commission may direct that the owner or subdivider attend any deliberation on
the submitted plat.
4.
The Zoning Commission shall study and act on the preliminary plat and the
County Engineer shall study said plat and plans in regard to street layout and
the provision of water and sewerage and make his/her recommendations on these
aspects to the Zoning Commission; all to be accomplished within forty-five (45)
days after submission to the Zoning Administrator. If the Commission
disapproves a plat, the reasons for disapproval shall be remedied prior to
further consideration. The preliminary plat shall not be approved until
the plans and specifications for necessary improvements are acceptable to the
County Engineer.
5.
If the Zoning Commission acts favorably on a preliminary plat, a notation to
that effect shall be made on the preliminary plat above the signature of the
Chairperson and Secretary and it shall be referred to the Board of Supervisors
for action. The Board of Supervisors shall act within thirty (30) days,
unless mutually agreed upon by the Board and the Subdivider. If the Board
of Supervisors acts favorably its action shall be noted on the plat, signed by
the Chairperson, and returned to the subdivider for compliance with final plat
requirements. Failure of the Board of Supervisors to act within the
allotted or agreed upon time shall imply approval of the preliminary plat.
6.
Conditional approval of the preliminary plat shall confer upon the applicant
the following rights for a two (2) year period from the date of approval:
A. That the general terms and conditions under
which the preliminary approval was granted will not be changed.
B. That the said applicant may submit on or
before the expiration date the whole or some portion of said plat for final
approval.
Section 502. Final Plat Procedure.
1.
Before
consideration of a final subdivision plat, the subdivider shall have installed
the improvements required under Article VIII or the Zoning Commission shall
require the posting of adequate performance bonds with the Zoning Administrator
to assure the installation of the required improvements within one (1) year
after final approval of the plat. See Section 804 of this ordinance for
more information on performance bonds.
2.
Within two (2)
years from the date of the preliminary plat approval, the subdivider shall
submit four (4) copies of the application form for final approval and four (4)
copies of the final plat or, in the case of large subdivisions a final plat of
part of the area covered by the approved preliminary plat, to the Zoning
Administrator for forwarding to the County Engineer and Zoning Commission for
final approval. The Zoning Administrator shall immediately refer one (1)
copy of said plat to the County Engineer and two (2) copies to the Secretary of
the Zoning Commission, and establish a meeting time within fourteen (14) days
for the Commission. The Zoning Commission shall be assisted by the County
Engineer’s recommendations and shall act upon the final plat within sixty (60)
days after the date of submission for final approval to the Zoning
Administrator.
3.
Unless the
preliminary plat is approved without changes, the final plat shall have
incorporated all changes or modifications required by the Zoning
Commission. The final plat shall be accompanied by a statement from the
County Engineer that he has received a map showing all utilities in exact
location and elevation, identifying those portions already installed, those to
be installed, and that the subdivider has complied with one or both of the
following:
A. Installed all improvements in accordance with
the requirements of these regulations, or
B. A performance bond, approved by the County
Attorney and the County Treasurer, has been posted with the Zoning Administrator
in sufficient amount to assure the completion of the required improvements
within one year after final approval of the plat. The amount of the bond
shall not be less one hundred ten percent (110 %) of the estimated cost of the
improvement as determined by a Licensed Professional Engineer acting for the
Subdivider that shall also have the approval of the County Engineer.
4.
If approval is
given, the Chairperson and Secretary of the Zoning Commission shall place their
signatures on the plat and shall then forward the plat to the County Board of
Supervisors for final approval and acceptance of all streets, alleys, ways,
easements, parks or areas preserved for, or dedicated to the public.
Given a favorable recommendation by the Zoning Commission, approval by the
County Board of Supervisors shall require a simple majority.
5.
Failure of the
Zoning Commission to act within this allotted time or a mutually agreed upon
extension shall be deemed to be a favorable recommendation and the plat shall
be forwarded to the Board of Supervisors for their action on the final plat.
6.
If the Zoning
Commission does not approve the final plat of a subdivision, the reasons shall
be properly expressed to the subdivider and Board of Supervisors. The
Board of Supervisors may still approve the plat and accept all streets, alleys,
ways, easements, parks or areas preserved for or dedicated to the public by a
unanimous favorable vote of the entire membership of the Board of Supervisors.
7.
Upon final approval
by the Board of Supervisors, copies of the final plat shall be filed by the
Board of Supervisors with the following:
8.
After final
approval by the Board of Supervisors, the Zoning Commission shall notify the
owner or the subdivider. Within one hundred twenty (120) days after
approval the subdivider shall cause said plat to be filed with the County
Recording Officer of Tama County, Iowa, as provided by the Code of Iowa, and
shall file satisfactory evidence of such recording in the office of the Zoning
Administrator of Tama County, Iowa, before the County shall recognize the plat
as being in full force and effect.
9.
No subdivision
plat, resubdivision plat or street dedication within Tama County, Iowa shall be
filed for record with the County Recorder, or recorded by the County Recorder,
until a final plat of such subdivision, resubdivision, or street dedication has
been reviewed and approved in accordance with the provisions of this ordinance.
10. No lots shall be sold, nor shall any building
commence on any lot, nor shall any structure be moved onto 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 installed.
ARTICLE VI. SPECIFICATIONS FOR PLATS AND
PLANS.
Section 600. Pre-Application Plans and Data. The subdivider should bring the following items
to the Pre-Application meeting set forth in Section 500:
1. A
Sketch Plan on a topographic survey map (if available) shall show in simple
sketch form the proposed layout of streets, lots, and other features in
relation to existing conditions. The sketch plan may be a free-hand pencil
sketch made directly on a print of the topographic survey. In any event
the sketch plan shall include either the existing topographic data list in
Section
601.5 and 601.6 below or
such of these data as the Zoning Commission and County Engineer determines is
necessary for its consideration of the proposed sketch plan.
2. A
Location Map shall show the relationship of the proposed subdivision to
existing community facilities that serve or influence it. Said map shall
include the development name and location; main traffic arteries; public
transportation lines; shopping centers; elementary and high schools; parks and
playgrounds; principal places of employment; other community features such as
railroad stations, airports, hospitals, and churches; title; scale; north
arrow; and date.
3.
General subdivision
information shall be included which describes or outlines the existing
conditions of the site and the proposed development. The information
shall serve to supplement the drawing required above and should include data on
existing covenants, land characteristics, and available community facilities
and utilities. It should also include information describing the
subdivision proposal such as the number of residential lots, typical lot width
and depth, business areas, playgrounds, park areas, and other public areas,
proposed protective covenants and proposed utilities and street improvements.
Section 601. Preliminary Plat. The preliminary plat shall be drawn at a scale
of one hundred (100) feet to one (1) inch or larger. It shall show all of
the following existing and proposed data and conditions:
1.
Date, scale and north point.
2.
Location of the plat by quarter, quarter section, section, town and range and
any other necessary legal description to describe the boundary line of the
proposed subdivision.
3.
Lengths and bearing of the exterior boundaries of the land being subdivided.
4.
Approximate total area of proposed subdivision.
5.
Names and addresses of owners or subdivider of the tract and the Engineer or
person preparing the plat and information.
6.
Topographic map of the area showing contours as follows: two (2) foot intervals
where slope is seven (7) percent or less; five (5) foot intervals where slope
is from seven (7) to fifteen (15) percent; ten (10) foot intervals where slope
is greater than fifteen (15) percent. All areas of the subdivision to be
platted with a slope of greater than twenty-five (25) percent shall be clearly
indicated.
7. Water
elevations of adjoining lakes, rivers and streams at date of survey and their
approximate high and low water elevations. All elevations shall, when
possible, refer to established United States Geodetic Survey Datum.
8. Location
and names of adjacent subdivisions and the owners of adjoining parcels of
unsubdivided land.
9. CSR
of the land to be subdivided and all adjacent lands.
10. Present zoning
district classification of land to be subdivided and all adjacent lands, and
the proposed zoning district classification for the land to be subdivided if a
change is intended.
11. Location,
widths and names of all existing, platted, or dedicated streets, easements,
railroad and utility rights-of-way, parks, water courses, drainage ditches,
permanent buildings and structures, section and township lines and such other
data as may be required by the Zoning Commission within the area being
subdivided and within three hundred (300) feet of the exterior boundaries
thereof.
12. Location, size
and flow elevations of existing and proposed sanitary and storm sewers;
location and size of water mains, culverts and other underground facilities
within the area being subdivided and within three hundred (300) feet of the
exterior boundaries thereof. Also to include the size and location of all
existing and proposed gas lines, fire hydrants, electric, telephone and cable
lines or poles and street lights.
13. The layout,
width and name of all proposed streets and rights-of-way and easements, whether
public or private for public and private utilities. Street names shall be
identical to existing street names if the proposed street is an extension of
the existing street. Streets in subdivisions shall remain the property of
the Subdivision and shall not become the responsibility of the County.
14. Approximate
dimensions of all lots.
15. Approximate
radii of all curves and lengths of all tangents.
16. Approximate
finish grades of all streets and surface drainage facilities with spot
elevations given in critical areas, at every proposed street intersection and
where severe cuts or fills are proposed.
17. Approximate
location and area of all property to be dedicated for public use or reserved by
deed covenant for use by all property owners in the development with a
statement of the conditions of such dedication or reservation.
18. Approximate
location of well site and sanitary treatment facility site if community water
and/or sanitary treatment facilities are being proposed, or the source of
domestic water supply and type of sewage disposal.
19. A feasibility
report of community water and sewerage facilities where such facilities are to
be incorporated in the final plat.
20. Percolation
test results, minimum of four (4) perc holes per lot, together with soil
borings, a minimum of one (1) for every acre to indicate depth to water table
and rock formation, when requested by County Sanitarian.
21. A soil analysis obtainable from the United States Department of Agriculture, National Resource Conservation Service, when requested by the County Sanitarian or the County Engineer.
22. An electronic copy of the plans in a .dwg format, if the plans are created using electronic means.
Section 602. Final Plat. The final plat shall be drawn on sheets no
larger than twenty-two (22) inches by thirty-four (34) inches and shall be at a
scale of one hundred (100) feet to one (1) inch or larger. Where
necessary, the plat may be on several sheets accompanied by an index sheet
showing the entire subdivision. For large subdivisions the Final Plat may
be submitted for approval progressively in contiguous sections satisfactory to
the Zoning Commission. The Final Plat shall show the following:
1.
All information required and shown on the Preliminary Plat, as required by
Sections 601.1, 601.2, 601.3, 601.4, 601.5, 601.6 and 601.7 of this Ordinance.
2.
The name of the subdivision, as approved by the County Auditor.
3.
Accurate angular and lineal dimensions for all lines, angles and curvatures
used to describe boundaries.
4.
True angles and distances to the nearest street lines or official monuments.
5.
Lines of adjoining streets and alleys, with their widths and names.
6.
Municipal, township, county and section lines accurately tied to the lines of
the subdivision by distances and angles.
7.
Radii, arcs and chords, points of tangency, central angles for all horizontal
street curves and radii for all rounded corners.
8.
Exact dimensions of all lots.
9.
An identification system for all lots and blocks using consecutive numbers.
10. Exact location
and area of all land to be dedicated for public use or reserved by deed
covenant for common use of all property owners with the purpose indicated
thereon. All lands dedicated for public use, other than streets, shall be
marked, “Dedicated to Public.” All protective or deed covenants or
private restrictions shall be shown on the plat or correctly referenced.
11. Building
setback lines as established by the Zoning Ordinance or deed restrictions.
12. Where
community type water and sewerage facilities are not available; a statement
that any lot sold or transferred will have a minimum width and area equal to
that shown on the plat and sufficient to meet water and sewer requirements
according to the Iowa Administrative Code Chapter 69.
13. Proper acknowledgments
of owners and mortgages accepting said platting and restrictions.
14. When a
proposed entrance of the subdivision is onto a county road the approval of the
County Engineer regarding such entrance shall accompany the Final Plat.
Where such control is exercised by the Iowa Department of Transportation the
approval of said body shall accompany the Final Plat.
15. In all
plats where private roads are to be approved, a Road Association Agreement
shall be established to guarantee access to all lots, to ensure repair and
maintenance of said facilities, and to provide for any necessary utility
easements.
16. Certification
by a Licensed Land Surveyor that the Final Plat represents a survey made by him
and that monuments and markers shown thereon exist as shown.
17. A
certificate from the Iowa State Board of Health that plans for the water supply
system and sanitary system have been approved whenever applicable.
18. A certificate
issued by the authorized County officials stating that there are no
unpaid taxes or special
assessments on any of the lands included in the plat.
19. A certificate
by the owner or owners dedicating to the public for full public use all street
and street rights-of-way and other land designated as “Dedicated to Public” and
the granting of utility easements as shown on the plat.
20. A certificate
of Approval by the Zoning Commission, the County Engineer, the County Attorney
and the Board of Supervisors, which shall be placed after the approval of each.
21. A certificate
by the owner and his or her spouse, if any, that the subdivision is with their
free consent, and is in accordance with the desire of the owner and spouse.
22. An attorney’s
opinion showing that the fee title to the subdivision is free from encumbrance
other than those secured by an encumbrance bond.
23. A copy of any
existing encumbrance bonds.
24. A statement of restrictions that run with the land and become covenants in the deeds of lots.
25. An electronic copy of the plans in a .dwg format, if the plans are created using electronic means.
ARTICLE VII. SUBDIVISION DESIGN STANDARDS.
Section 700. Land Subject to Flooding. No land shall be approved for subdivision which
is subject to periodic flooding or which contains extremely poor drainage
facilities unless the subdivider agrees to make improvements that will, in the
opinion of the County Engineer, make the area completely safe for occupancy and
provide adequate drainage. Land located within a flood hazard area or a
floodway may be included with a plat, subject to the approval of the Board of
Supervisors, if it is reserved for open space for recreation use and maintained
by all owners of lots in the subdivision through an agreement, or if it is
dedicated to the County as public open space for recreation or for flood
control purposes.
Section 701. Soil Erosion and Sediment Control. The subdivider shall submit a letter of intent
including a soil erosion and sediment control plan for the entire area of the
proposed subdivision. The owner shall bear final responsibility for
controlling erosion of the subdivision by such methods as seeding, sodding,
earth dikes, sediment basins or other controls as deemed necessary. No
preliminary and/or final plat will be granted approval unless it includes a
soil erosion and sediment control plan. Cutting of trees and shrubbery
shall be so conducted as to minimize erosion and sedimentation and preserve and
improve scenic qualities. Earth movements, such as grading, topsoil
removal, mineral extractions, stream course changing, road cutting, waterway
construction or enlargement, removal of stream or lade bed materials,
excavation, channel clearing, ditching, drain tile laying, dredging and
lagooning, shall be so conducted as to prevent erosion and sedimentation and to
least disturb the natural fauna, flora, water course, water regimen and
topography.
Section 702. Drainage Requirements. The subdivider shall submit a letter of intent
including a drainage control plan for subdivisions with natural drainage
courses and waterways. Natural drainage courses and waterways within any
subdivision shall be preserved. No preliminary plat shall be granted
approval unless it includes a drainage control plan. Natural drainage
courses and waterways within any subdivision shall be preserved in their
natural state. Native vegetation shall be used to line eroding or
erodable banks.
Section 703. Streets. The following are the minimum standards for
streets:
1. The
arrangement, character, extent, width, grade, and location of all streets shall
conform to Tama County’s Comprehensive Plan and shall be considered in their
relation to existing and planned streets, to topographical conditions, to
public convenience and safety, and in their appropriate relation to the
proposed uses of the land to be served by such streets.
2. Where
such is not shown in Comprehensive Plan, the arrangement of streets in a
subdivision shall either:
A. Provide for the continuation or appropriate
projection of existing principal streets in surrounding areas; or
B. Conform to a plan for the neighborhood
approved or adopted by the Zoning Commission to meet a particular situation
where topographical or other conditions make continuance or conformance to
existing streets impracticable.
3. Minor
streets shall be so laid out that their use by through traffic will be
discouraged.
4. Where
a subdivision abuts or contains an existing or proposed arterial street, the
Zoning Commission may require marginal access streets, reverse frontage with
screen planting contained in a non-access reservation along the rear property
line, deep lots with rear service alleys, or such other treatment as may be
necessary for adequate protection of the residential or other proposed
properties and to afford separation of through and local traffic.
5. Where
a subdivision borders on or contains a railroad right-of-way or limited access
highway right-of-way, the Zoning Commission may require a street approximately
parallel to and on each side of such right-of-way, at a distance suitable for
the appropriate use of the intervening land, as for park purposes in
residential districts, or for commercial or industrial purposes in appropriate
districts. Such distances shall also be determined with due regard for
the requirements of approach grades and future grade separations.
6. Reserve
strips controlling access to streets shall be prohibited except where their
control is definitely placed in the County under conditions approved by the
Zoning Commission.
7. Subdivisions
of four (4) or more lots shall not have individual access for each lot to an
existing public road unless approved. A private road shall be required to
provide access for all lots to the public road. The access of private
roads to the public roads will be limited to a reasonable number. Where
the private road meets the public road there will be a minimum of 750’ of sight
distance each direction along the public road.
8. At
each point that a private road in a subdivision accesses a public road, the
County Engineer may require that provisions be made for the future construction
of turning lanes from the public road.
9. Street
jogs with centerline offsets of less than one hundred and twenty-five (125)
feet shall be avoided.
10. A tangent at
least one hundred (100) feet long shall be introduced between reverse curves on
arterial and collector streets.
11. When
connecting street lines deflect from each other at any one point by more than
ten (10) degrees, they shall be connected by a curve with a radius adequate to
insure a sight distance of not less than two hundred (200) feet for minor and
collector streets, and of such greater radii as the Zoning Commission shall
determine for special cases.
12. Streets shall
be laid out so as to intersect as nearly as possible at right angles and no
street shall intersect any other street at less than sixty (60) degrees.
More than two (2) streets intersecting at the same location shall be
prohibited.
13. When the
Zoning Commission finds it necessary for reasons of safety and the protection
of property, property lines at street intersections shall be rounded with a
radius of fifteen (15) feet or they may permit comparable chords in lieu of the
rounded corner.
14. Street
right-of-way widths shall be as shown in the Comprehensive Plan and where not
shown therein shall be not less than as follows:
Minimum Width
Street Type Right-of-way of Roadway
Arterial 100 ft 40 ft.
Collector 100 ft 40 ft.
Minor 66 ft 31 ft.
Cul-de-sac 66 ft. 31 ft.
Marginal access 60 ft 31 ft.
15. Half streets
shall be prohibited, except where essential to the reasonable development of
the subdivision in conformity with the other requirements of these regulations;
and where the Zoning Commission finds it will be practicable to require the dedication
of the other half when the adjoining property is subdivided. Wherever a
half street is adjacent to a tract to be subdivided, the other half of the
street shall be platted within such tract.
16. Dead-end
streets, designed to be so permanently, shall not be longer than six hundred
(600) feet except where the Zoning Commission has approved a maximum length not
to exceed one thousand (1000) feet due to property limitations. Such
streets shall be provided at the closed end with a turnaround having an outside
roadway diameter of at least eighty (80) feet, and a street property line
diameter of at least one hundred twenty (120) feet. The Zoning Commission
may approve a “T” or “Y” type turnaround in lieu of the circular turnaround.
17. No street
names shall be used which will duplicate or be confused with the names of
existing streets. Street names shall be subject to the approval of the
911 Board.
18. Street grades,
wherever feasible, shall not exceed the following, with due allowance for
reasonable vertical curves:
Street Type Percent
Grade
Arterial 6%
Collector 8%
Minor 10%
Cul-de-sac
10%
Marginal Access 8%
19. No street
grade shall be less than 0.5% where drainage is carried within the traveled
roadway.
20. The subdivider
shall grade and improve all streets and alleys (if any) within the subdivision;
such grading and improvement shall be provided to the full width of
right-of-way.
21. The roadway
shall be compacted to ninety (90) percent of proctor density.
22. The surfacing
of streets and alleys shall be of such character as is suitable for the
expected traffic, but in no case shall it consist of less than four (4) inches
of gravel surfacing. Where pavement is necessary or desirable, it shall
consist of a minimum of four (4) inches of asphalt on a suitable base, as
determined by the County Engineer, or six (6) inches of concrete having a
minimum 28-day compressive strength of 4,000 psi. The County Engineer may
increase these minimum requirements if the nature of the development warrants
it.
23. All streets
shall be sodded or seeded with grass in a manner that shall provide suitable
protection from erosion over that area lying between the right-of-way lines and
the edge of the traveled (surfaced) portion of the roadway.
24. Adequate
provisions for the collection and disposal of surface and storm water shall be
provided within the street right-of-way in accordance with Federal regulations.
25. Street
profiles and the necessary drainage plans to serve the area shall be determined
and designed by a Licensed Professional Engineer for the subdivider. All
construction of such facilities shall be in accordance with such profiles and
plans and shall be subject to the recommendations, supervision and approval of
the County Engineer
Section 704. Alleys. The following are the minimum standards
for alleys:
1.
Alleys shall be provided in commercial and industrial districts, except that
the Zoning Commission may waive this requirement where other definite and assured
provision is made for service access, such as off-street loading, unloading,
and parking consistent with and adequate for the uses proposed.
2.
Alleys shall not be permitted in a residential district unless deemed necessary
by the Zoning Commission.
3.
The minimum width of an alley shall be twenty (20) feet.
4.
Alley intersections and sharp changes in alignment shall be avoided, but where
necessary, corners shall be cut off sufficiently to permit safe vehicular
movement.
5.
Dead-end alleys shall be avoided where possible, but if unavoidable, shall be
provided with adequate turnaround facilities at the dead-end, as determined by
the Zoning Commission.
Section 705. Easements. The following easements shall be required:
1.
Easements across lots or centered on rear or side lot lines shall be provided
for utilities and shall be not less than ten (10) feet in width on each side of
all rear lot lines and side lot lines where necessary for poles, wires,
conduits, storm sewer and sanitary sewers, gas, water and heat mains.
Greater width easements may be required in some cases.
2.
Where a subdivision is traversed by a watercourse, drainage way, channel, or
stream, there shall be provided a storm water easement or drainage right-of-way
conforming substantially with the lines of such watercourse, and such further
width or construction, or both, as will be adequate for the purpose. Parallel
streets or parkways may be required in connection therewith. If it is
deemed advisable by the Zoning Commission or the County Engineer, such
watercourse or drainage way may be re-established to conform with the proposed
street pattern, in which case suitable storm drainage facilities shall be
installed as designed and established by a Licensed Professional Engineer for
the subdivider.
Section 706. Blocks. Blocks shall adhere to the following
guidelines:
1.
The lengths, widths and shapes of blocks shall be determined with due regard
to:
A. Provision of adequate building sites suitable
to the special needs of the type of use contemplated.
B. Zoning requirements as to lot sizes and
dimensions.
C. Needs for convenient access, circulation,
control and safety of street traffic.
D. Limitations and opportunities of topography
and other natural features.
2.
Block lengths shall not exceed one thousand four hundred (1,400) feet, nor be
less than five hundred (500) feet.
3.
Pedestrian crosswalks, not less than ten (10) feet wide, shall be required
where deemed essential to provide circulation, or access to schools,
playgrounds, shopping center, transportation, and other community facilities.
Section 707. Lots. Lot dimensions shall conform to the requirements
of the Zoning Ordinance; however, greater lot areas and dimensions may be
required where community water and sewerage facilities are not available, if
necessary and as determined by the tests and analyses specified in Section
601.19 and 601.20 of this Ordinance.
1.
Depth and width of properties reserved or laid out for commercial and
industrial purposes shall be adequate to provide for the off-street service and
parking facilities required by the type of use and development contemplated.
2.
The subdividing of the land shall be such as to provide, by means of a public or
private street, each lot with satisfactory access to an existing public street.
3.
Large lot subdivisions. Whenever the area is divided into lots containing
one (1) or more acres and there are indications that such lots will eventually
be subdivided into smaller building lots, consideration shall be given to the
street and lot arrangement of the original subdivision so that additional minor
streets can be opened which will permit a logical and functional arrangement of
smaller lots.
4.
Double frontage, and reverse frontage lots, should be avoided except where
essential to provide separation of residential development from traffic
arteries or to overcome specific disadvantages of topography and
orientation. A planting screen easement of at least ten (10) feet, and
across which there shall be no right of access, shall be provided along the
line of lots abutting such a traffic artery or other disadvantageous use.
5.
Side lot lines shall be substantially at right angles or radial to street lines.
Side lines of lots formed by radial projections shall form a lot having not
less than twenty (20) feet across the rear property line.
6.
Corner lots for residential use shall have additional width to permit
appropriate building set back from an orientation to both streets.
Section 708. Public Sites and Open Spaces.
1.
Where a proposed park, playground, school or other public use shown in the
Comprehensive Plan is located in whole or in part in a subdivision, the Zoning
Commission may require that such area be reserved for acquisition by the County
for a period of one and one-half (1½) years, in those cases in which the Zoning
Commission deems such requirement to be reasonable.
2.
Where deemed essential by the Zoning Commission, upon consideration of the
particular type of development proposed in the subdivision, and especially in
large scale neighborhood unit development not anticipated in the Comprehensive
Plan, the Zoning Commission may require a one and one-half (1½) year reservation
for County acquisition of such other areas or sites of a character, extent, and
location suitable to the needs created by such development for schools, parks,
and other neighborhood purposes.
Section 709. Utilities.
1.
The source of domestic water supply and type of sewage disposal shall accompany
each plat for the information of the Zoning Commission, the County Engineer,
County Sanitarian and the Board of Supervisors.
2.
If an existing public water supply system is available within one (1) mile,
then the subdivider shall provide the subdivision with water from that public
water supply system. If the proposed subdivision is greater than one (1)
mile from an existing system, or the governing body of the system denies
access, the subdivider shall construct such a system. For subdivisions of
eight (8) or more platted lots, a central (public) water system must be planned
for the subdivision. The well must be permitted by the Iowa Department of
Natural Resources, and must conform to all applicable rules and regulations of
the IDNR. For subdivisions of
less than eight (8) lots, a central private water system must be
provided. Such a system shall conform to all applicable state and county
rules on water systems. No subdivision shall be approved until and unless
the proposed system for providing water has been approved by the County
Sanitarian.
3.
If an existing public sanitary sewer system is available within one (1) mile,
the subdivider shall connect to the existing system. If the proposed subdivision
is greater than one (1) mile from an existing system or the governing body of
the system denies access, the subdivider may construct such a system.
ARTICLE VIII. REQUIRED IMPROVEMENTS.
Section 800. Responsibilities. The subdivider shall, at their own expense,
install, construct and maintain any improvements required by this
ordinance. In no case shall Tama County own, operate or maintain the
improvements required in this ordinance unless said improvement is specifically
identified and accepted as being dedicated to the public. All required
improvements shall be installed and constructed in accordance with the design
standards established for such improvements by the County, and as shown on the
approved final plat.
Section 801. Monuments. Durable iron monuments shall be place as
required in Section 602.15 at all property and block corners, all intermediate
points on property lines and blocks where there is a change in the direction of
the line, at points of curves in streets, at each angle and curve point on the
exterior boundary lines of the plat, and at such other points as may be
required by the County Engineer.
Section 802. Street Construction. All streets shall be constructed to meet the
requirements or Article VII, Subdivision Design Standards, prior to acceptance
of the Final Plat. Staged construction of an asphaltic surface may be
allowed, but in no case shall acceptance be granted until the surface has a
minimum of two (2) inches of asphalt. Performance bonds in the amount of the
remaining improvement will be required.
Section 804. Utilities. All utilities indicated on the Preliminary Plat
shall be installed prior to acceptance of the Final Plat.
Section 804. Performance Bonds. The Final Plat shall not be approved until the
plans and specification for the improvements are acceptable to the County
Engineer and those improvements have been completed. In lieu of final
completion of the minimum improvements before the plat is finally approved, the
subdivider shall post a bond approved by the County Attorney and County
Treasurer, which bond will insure to the county that the improvements will be
completed by the subdivider within one (1) year after final approval of the
plat. The amount of the bond shall not be less than one hundred ten
percent (110%) of the estimated cost of the improvement as determined by a
Licensed Professional Engineer acting for the subdivider and approved by the
County Engineer.
Section 805. Inspection. All improvements shall be inspected to ensure
compliance with the Final Plat. The Board of Supervisors shall appoint
and set the wage of the inspector. The cost of such inspection shall be
borne by the subdivider.
ARTICLE IX. VARIANCES.
Section 900. Hardship. Where the Zoning Commission finds that extraordinary
hardship may result from strict compliance with these regulations, it may vary
the regulations so that substantial justice may be done and the public interest
secured, provided that such variation will not have the effect of nullifying
the intent and purpose of the Comprehensive Plan nor this Ordinance. The
inability of the subdivider to maximize profit shall not be considered a
hardship.
Section 901. Large-Scale Development. The standards and requirements of these
regulations may be modified by the Zoning Commission in the case of a plan and
program for a self-contained, complete community, or a neighborhood unit, which
would in the judgment of the Zoning Commission provide adequate public spaces
and improvements for the circulation, recreation, light, air and service needs
of the tract when fully developed and populated, and which would also provide
such covenants or other legal provisions as will assure conformity to and
achievement of the Comprehensive Plan.
Section 902. Conditions. In granting variances and modifications, the
Zoning Commission shall weigh the benefits or hardships against the general
standards and objectives of this Ordinance, and may require such conditions as
will, in its judgment, secure substantially the objectives of the standards or
requirements so varied or modified.
ARTICLE X. AMENDMENTS.
Section 1000. Amendments. Any regulations or provisions of this Ordinance
may be changed and amended from time to time by the Board of Supervisors with
such amendment being initiated by the Board of Supervisors, by a motion by the
Zoning Commission or by a petition by any person; provided that such changes or
amendments shall not become effective until they have first been reviewed and a
recommendation has been made thereon by the Zoning Commission, and further
provided that a public hearing shall be held by the Board of Supervisors,
public notice of which shall be given in the newspapers of Tama County no less
than four (4) days and no greater than twenty (20) days prior to such hearing,
according to Iowa Code Section 331.305.
ARTICLE XI. CONFLICT AND VALIDITY.
Section 1100. Conflict. Wherever the requirements of this Ordinance are
at variance with requirements of any other lawfully adopted rules, regulations,
or ordinances, the most restrictive or that imposing the higher standard shall
govern.
Section 1101. Validity. Should any section, sentence, clause or provision
of this Ordinance be declared by a court to be invalid, the same shall not
affect the validity of this Ordinance as a whole or the remaining portions of
this Ordinance.
ARTICLE XII. PENALTIES.
Section 1200. Penalty Amount. A violation of any regulation of this ordinance
is a County infraction as specified in Iowa Code Section 331.307, and all
subsequent amendments and revisions thereto. The penalties shall be all
those available under Iowa Code Section 331.302 (15), and all subsequent
amendments and revisions thereto.
ARTICLE XIII. APPEALS.
Section 1300. Appeals. Any appeal of the Board of Supervisor’s decision
shall be made to the district court in accordance with Iowa Code Section 354.10
and shall be perfected within twenty (20) days as prescribed by that Section.
ARTICLE XIV. ENACTMENT AND EFFECTIVE DATE.
Section 1400. Effective Date. This Ordinance shall be in full force and effect
from and after its passage, adoption, as proved by law.
Passed this 19th
day of August, 2003.
Keith Sash,
Chairman
Jim Ledvina, Vice
Chair
Larry
Vest,
Supervisor
Attest: John A. Adams,
Tama County Auditor