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HomeMy WebLinkAbout~Master - Regulating Subdivisions ORDINANCE NO . 2652 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES IOWA BY REPEALING CHAPTER 32 THEREOF AS SAID CHAPTER HAS EXISTED HERETOFORE AND ENACTING A NEW CHAPTER 32 FOR THE PURPOSE OF REVISING AND ESTABLISHING PROCEDURAL AND SUB- STANTIVE REGULATIONS RELATIVE TO THE PLATTING AND APPROVAL OF LAND SUBDIVI- SIONS WITHIN THE CITY OF AMES AND WITH- IN TWO 'MILES OF THE CITY OF AMES ; RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT , IF ANY ; PROVID- ING A PENALTY ; AND ESTABLISHING AN EFFECTIVE DATE . BE IT ORDAINED, by the City Council for the City of Ames , Iowa : Section One . The Municipal Code of the City of Ames , Iowa shall be and is hereby amended by repealing Chapter 32 thereof, consisting of section 32-1001 through 32-3009 , inclusive , and enacting a new chapter 32 as follows : "CHAPTER 32" "SUBDIVISIONS" "Article I . In General" " Sec . 32-1001 Platting Required ; Scope of Chapter ; Purpose The subdivision or platting of land within the City of Ames , and the subdivision or platting of any tract of land outside the City of Ames , any point , part or portion of which is less than two miles distant from any point on or within the corporate limits of the city , shall be done only in accor- dance with the procedures , requirements and provisions of the law of the State of Iowa and this chapter . No city zoning permit or building permit will be issued with respect to any land that has been subdivided or platted without compliance with all applicable state laws and city ordinances in force at the time of such subdivisions or plat . It is not the purpose of these regulations set out in this chapter to make illegal any subdivision or plat law- fully done or made prior to their enactment . It is not the purpose of these regulations to repeal , waive or lesson any requirements established by the law of Iowa . The purpose of these regulations is to define , clarify and establish the means by which the requirements of the Iowa law on subdivi- sions and plats are to be met in areas under the juriddiction of the City of Ames and to establish such additional provi- sions , requirements and procedures as are deemed useful to attaining the legitimate governmental Purposes of the City of Ames . Sec . 32-1002 Plats to Conform to City Plans All plats for additions.y subdivisions , or replats of the same shall be consistent with the provisions of the official Land Use Policy Plan of the City of Ames , the Parks Development Plan , the Street Master Plan and any other plans enacted by the City Council relative to public improvements and facilities . r -2- Sec . 32-1003 Planning Conference Required ; Purpose . The first step in obtaining City approval of a sub- division and plat shall be a planning conference with city staff: Arrangements for this conference shall be made by con- tacting the City Department of Community Development . The purpose of this conference is to inform city staff of possible future subdivisions and additions to facilitate staff review of the effect and feasibility of the proposal in relation to the City ' s utility and street systems and city plans ; and to inform owners and their agents of design consideration , ordinance requirements , and processing of the plan. Principal participants in this conference will be representatives of the City Community Development and Public Works Departments , representatives of the owners , and other persons as applicable . Sec . 32-1004 Filing of Conceptual Development Plan ( C . D . P . ) With City Clerk At any time after the planning conference the owner may file with the City Clerk , in 20 copies , a Conceptual Development Plan as described in section 32-1010 . The City Clerk shall distribute twelve ( 12 ) copies to the City Manager for the Manager to distribute to all appropriate city depart- ments and affected utility companies for review and comment . The City Clerk shall distribute remaining copies to the Mayor and City Council and place the matter on the City Council ' s agenda for formal referral to the City Planning and Zoning Commission for review and recommendation . Sec . 32-1005 General City Staff and Utility Review. Before formal review by the Planning and Zoning Commission , all general staff and utility review comments shall be coordinated by the Department of Community Develop- ment for report and recommendation to the Planning and Zoning Commission. Sec . 32-1006 Planning and Zoning Commission Review and Recommendation . The Planning and Zoning Commission shall within thirty ( 30 ) days from the receipt of the Conceptual Develop- ment Plan file their recommendations with the City Clerk on the acceptance , modifications , or rejection of the plan or any part thereof. The City Council may, after receipt of the recommendations from the Planning and Zoning Commission , or after thirty ( 30 ) days without recommendations , approve the Conceptual Development Plan as filed or as revised. Sec . 32-1007 Effect of City Council Action . a. Upon City Council ' s approval, the owner , developer , or designated agent , may proceed with the filing of an Administrative Plat as described in section 32-1012 . b . Upon City Council ' s approval with modifications , the owner , developer , or designated agent , may be instructed to : 1 . If modification is minor , be directed to proceed with the filing of an Administrative Plat upon filing with the City ' s Community Development and Public Works Departments , a revised as approved copy of the Conceptual Development Plan . -3- 2 . If modification is major , be directed to file with City Council a revised Con- ceptual Development Plan incorporating the modifications for City Council ' s approval or referral back to Planning and Zoning Commission for further Conceptual Develop- ment Planning . Sec . 32-1008 Effect of approved Conceptual Development Plan Approval of the Conceptual Development Plan establishes the street system and the overall design of the subdivision. All ultimate development of the subdivision shall be substan- tially in conformance with the Conceptual Development Plan. Any deviation changing the intent of the plan as reflected in the subsequent Administrative Plat shall be disallowed and shall cause reinitiation of the Conceptual Development Planning process . Sec . 32-1009 Approval of Conceptual Development_ Plan Not Final Acceptance . The approval of the Conceptual Development Plan by the City Council does not constitute final acceptance of the addition or subdivision by the City . Sec . 32-1010 Conceptual Development Plan ; Contents . The Conceptual Development Plan , when filed with the City Clerk , shall be of the form and contain the follow- ing information : a. Items pertaining to the title : 1 . Proposed name of development . 2 . Location of development . 3. Name of owner/developer and author of the plan . 4 . Scale of one inch equals fifty feet . With special conditions and prior approval , this scale may be modified. 5 . Date . 6 . North arrow. b . Items pertaining to the plan area ( existing) : 1 . All of the contiguous land of the owner as well as all platted or unplatted adjacent pro- perties not owned by the platter within 200 feet shall be included in the plan . 2 . The boundary of the plan area accurately indicated by a heavy solid line . 3 . Location , width , and names of all existing and platted streets or other public ways ; rail- road and utility right-of-ways ; parks and other open spaces . 4 . Zoning district ( s ) of property to be sub- divided and all abutting properties . 5 . Existing contours with intervals of two feet , except in those areas where the slope of the land is greater than four feet horizon- tal to one foot vertical , in which case five foot intervals will be sufficient . All ele- vations and contours shall be referred to the city datum. 6 . Drainage channels , and other environmental features . 7 . Location and present use of existing build- ings or structures within the area being pro- posed for development . 8 . Size and location of existing storm or sanitary sewer and water mains . 9 . Any other pertinent items as applicable . C . Items pertaining to the plan (proposed) : 1 . Layout of streets with approximate dimen- sions . 2 . Layout , numbers , and approximate dimensions of lots . 3 . Parcels of land intended to be dedicated, temporarily reserved for public use , or to be reserved for use of property owners in the subdivision . 4 . Approximate location of extensions of storm or sanitary sewers and water mains . 5 . Grading plans as applicable . Sec . 32-1011 . Administrative Plat ; Administrative Processing . Within one (1 ) year of Council approval of the Conceptual Development Plan , the owner may proceed to plat all or any part of same . The purpose of the Administrative Plat is to coordinate all engineering aspects and technical requirements -to be included in the Final Plat . Twelve (12 ) copies are to be filed with the City Manager , who shall dis- tribute the copies to the appropriate city departments and utility companies . The Department of Public Works shall serve as plat coordinator and all review comments and engineer- ing aspects shall be directed to such department . Sec . 32-1012 . Administrative Plan ; Contents . a . Items to be included on the plat : 1 . Name of development . 2 . Scale of one inch equals fifty feet . With special conditions this scale may be modified. 3 . Date . 4 . Dimension of all platted lots and unplatted areas . 5 . Location , width, and dimensions of all streets , alleys , and grounds proposed to be dedicated for public use , such as walkways , school sites , parks , playgrounds , or other similar features . -5- 6 . Calculated lot areas . 7 . Location , character, and dimension of all existing and proposed easements to be used for utility purposes . 8 . The bearing and distance from a monumented block or lot corner within the platted area to some corner of congressional division within the city . 9 . Legal description . 10 . Name , certification and seal of the regis- tered land surveyor making the plat . 11 . The plat shall be drawn on sheets whose dimensions are 8-1/2 inches by 14 inches , or multiples thereof . b . Items related to engineering to accompany plat . An original and one ( 1 ) copy of separate drawings showing a profile and cross sections of all streets , alleys , or public ways pro- posed to be dedicated for public use . The profiles shall be drawn to a horizontal scale of 50 feet per inch and a vertical scale of 5 feet per inch. The cross sections shall be taken and platted at intervals of not more than 50 feet along the center lines of proposed streets and alleys and shall extend to the approximate building line on each side of the proposed right-of-way . The cross sections shall be drawn to a horizontal scale of 5 feet per inch and a vertical scale of 1 foot per inch , allowing at least 3 inches between sections . They shall be in sufficient detail to permit accurate computation to be made of earthwork quantities for grading. Curve data and stationing shall be shown for the center lines of all curvilinear streets . Cross sec- tions shall be taken from stationing along the curve . Sec . 32-1013 . Action on Plat . Upon satisfactory completion and favorable review of all the above requirements , the Department of Public Works shall notify the City Manager. The City Manager shall notify the owner that the Administrative Plat is approved and instruct the owner to prepare and file within one (1 ) year the Final Plat and other required documents as herein set forth , and upon his failure to do so within the time specified, approval of the Administrative Plat is null and void. Sec . 32-1014 . Final Plat ; Contents . The Final Plat shall be prepared by the owner and shall contain all the information required to be shown on the Administrative Plat and in addition , the following information : a . The names of all streets , public ways , and places dedicated for public use within the platted area . -6- b . The type and location of all permanent monuments at block and lot corners and elsewhere within the platted area. C . The radii , arcs and chords , points of tangency, and central angles , for curved streets and the radii of all curves shall be shown on the plat . Curve data and stationing shall be shown for the street center lines of all curvilinear streets . d . The certification of the registered land sur- veyor preparing the plat and the date of survey shall be shown . e . The location of easements to be conveyed to the City . Sec . 32-1015 . Owner to file documents prior to approval of plat The owner shall have on file with the City Clerk not less than fourteen ( 14 ) days prior to consideration by the City Council of the final acceptance of the plat the following plats , documents , and information in the forms and number of copies as hereinafter specified : a. Sixteen ( 16 ) copies of the Final Plat . b . Three ( 3 ) copies of all easements for utility or other purposes . C . Four ( 4 ) copies of a proposed resolution to be adopted by the City Council approving the Final Plat and accepting lands to be dedicated for public use . d, Three signed copies of the agreement for re- quired public improvements as required and described by Sec . 32-1017 . Sec . 32-1016 . Owner to file document of consent , dedication . The owner shall before approval of the plat , file a document which shall state that the person or persons whose names are affixed to this document and appear on the Final Plat are the sole , lawful owners of the property , and that the plat is with their free consent and in accordance with their desires , and that they dedicate the areas shown on the plat or as set forth in the document to the perpetual use by the public for the purpose as stated. If dedicated for a specific use by the public , the use shall be described and set forth in the document . Sec . 32-1017 . Agreement for Installation of Required Public Improvements Before approval of the final plat the subdivider shall file a properly executed written agreement to undertake and complete , to the satisfaction of the City , all public improvements required as a condition for approval of the plat . This agreement shall also set out the time limit for comple- tion of the specified work , the amount of surety bond or -7- certified check to be given as security for satisfactory completion of the work , and the right of the City , in the event the required work is not completed in a proper or timely manner , to perform or complete the work and recover the actual cost thereof :from the subdivider or the subdivider ' s sureties or from the certified check . The subdivider ' s agreement for public improvements will set out - he public improvements required and also set out or incorporate by appropriate references , the plans and spe- cifications for said improvements . The subdividers agreement and bond for required public improvements shall be reviewed and approved as to form and content by the City Engineer and the City Attorney . Sec . 32-1018 . Contents of resolution approving Final Plat The resolution filed for adoption by the City Council shall describe the property included in the area being platted , shall state that the plat has been submitted to the Planning and Zoning Commission and that they have acted thereon as provided by law, that the owner has complied with all cond_tions as set forth in the ordinances of the City of Ames and the laws of the State of Iowa , that all the lands shown on the plat or as described in the resolution within the platted area which are dedicated for the perpetual use of the public are accepted by the city, that the plat is hereby approved, and the Mayor and City Clerk are directed to certify the resolution affixed to the plat . Sec . 32-1019 . Owner to record plat ; give city evidence of same . The passage of the resolution approving the plat shall con- stitute final approval of the platting of the area shown on the Final Plat; , but the owner shall cause the plat to be recorded in the office of the County Recorder of Story County , Iowa as required by law, and shall file satisfactory evidence of the recording in the office of the City Clerk before the city shall recognize the plat being in full force and effect . ARTICLE II . DESIGN STANDARDS . Sec . 32-2001 . Applicability . The rules set out in this article govern the accep- tance of plats by the City Council . Sec . 32-2002 . General guidelines for design review. a . Consistency and compatibility with applicable elements of the Land Use Policy Plan and other city plans . b . Access to the subdivision and individual lots safe and convenient for pedestrians , cyclists , and veh__cles . C . Natural features appropriately preserved and integrated within the project . d. Consideration given to energy conservation techniques such as structure orientation with respect to sun and wind. -8- e . Consideration given to alternative methods of storm water drainage . Sec . 32-2003 . Street Standards . a. The arrangement , character , extent , width , grade , and location of all streets shall be in conformity with the Arterial Street Map of the City of Ames , these regulations , and any further plans adopted by the City Council . b . For all rights-of-way, the widths shall not be less than the following minimum design standards : Parkways , Boulevards 100 feet Arterials 80 feet Collector , Residential 70 feet Business , Industrial Areas 80 feet Minor , Residential 60 feet Cul-de-sac , Residential 60 feet with 55 foot radius Business Alleys 24 feet Residential Alleys 20 feet C . Roadway widths . The minimum roadway widths and number of traffic lanes , exclusive of vehicular parking are as follows : Type of Street Min .Width Per Min . No . Traffic Lane of Lanes Primary Thoroughfare 12 feet 4 Other Major Streets 11 feet 2 or 4 Minor Streets 10 feet 2 Commercial/Industrial Streets 12 feet - Upon request of the developer and upon con- currence of the City Council , these roadway widths may be modified in relation to the type of development that may be proposed. d. Allowance for vehicular parking . The minimum allowance for vehicular parking on each side of the roadway is as follows : Roadway Width Required ( each side ) Length of curb required Parking parallel to curb - 8 feet 22 feet Parking at 45' to the curb line - 15 feet 11 . 31 feet Parking at 90' to the curb line - 19 feet 8 . 5:L feet e . Street intersections . Streets shall be so designed as to intersect as nearly as possible at right angles except where topography or other conditions justify variation . f. Roadgrades . The grades of all streets , alleys , and side- walks , shall be established by the City . -9- g . Relation to existing streets . All streets within the area to be platted shall conform as nearly as practicable • to the align- ment and width of existing streets in adjacent platted areas . h. Circulation . When possible , minor streets shall be planned so as to discourage through traffic and to conveniently channel traffic onto collector and major streets . i . Dead end streets . Dead end streets are prohibited except where the street is planned to continue and ultimately provide access to future adjacent subdivisions . j . Half streets . Half streets are prohibited. k. Streets jogs . Street jogs with centerline off-sets of less than 125 feet shall be avoided except where topography or other conditions justify varia- tion . 1. 'Visibility. All streets shall intersect with other streets to afford maximim visibility in all directions . M. Street names . Streets which possess uninterrupted alignment with existing streets shall , unless otherwise illogical or. due to severe directional change, bear the names of existing streets . The pro- posed names of new streets shall be shown on the Final Plat and the names shall not dupli- cate or sound similar to existing street names . Council reserves the right to alter or change the proposed names of streets before final acceptance of the plat . Sec . 32-2004 . Blocks standards . a. Lengths . No block shall be longer than 1320 feet or shorter than 280 feet between centerlines of streets , except in instances where topography or other conditions may justify variation . b . General . The width and shapes of blocks shall , generally , be determined with regard given to : 1 . Zoning requirements as to lot sizes and dimensions . 2 . Provision of adequate building sites suitable to the particular needs of the type of use contemplated . -10- 3 . Needs for convenient access , circulation , control , and safety of street traffic . C . Walkways . Pedestrian walkways , not less than 10 feet in width , may be required where deemed essen- tial to provide access to schools , parks and playgrounds , commercial areas , transportation , or community facilities . Sec . 32-2005 . Lots . a. Size . Depending upon proposed use , lots shall carry dimensions and meet certain spacing requirements no less than as required by the zoning ordinance . b . Corner lots . Residential lots at the corner or intersection of two streets shall be a minimum of 70 feet in width to permit appropriate building set- back and orientation to both streets as well as to provide adequate vehicular right clearance . C . Double frontage and reverse frontage lots . Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from major streets or to overcome specific disad- vantages of topography and orientation . d. Major streets . Insofar as possible , lots facing on major streets shall be avoided. It is preferable that the sides of such lots adjoin major streets with vehicular egress from such lots being oriented to a minor street . e . Side lot lines . Side lot lines shall substantially be right angles or radial to street lines . ARTICLE III . IMPROVEMENTS Sec . 32-3001 . Sanitary Sewer System; duty of owner to construct . Before a .final plat will be approved and accepted the City shall require the owner and subdivider of the land being platted to make adequate provision for the disposal of sanitary sewage from the platted area with due regard being given to present or reasonably foreseeable needs of the en- tire area shown in the Conceptual Development Plan . There shall be constructed, at the owner and subdividers expense , a sanitary sewer system including all necessary pumping sta- tions , pumping equipment , manholes , and all other necessary or desirable appurtenances to provide for the discharge of sanitary sewage from all lots or parcels of land within the platted area to a connection with the City ' s sanitary sewers . The sanitary sewer system shall be constructed in accordance with the plans and specifications of the City and at the sewer grades as established by the City . The installations -11- of the sewers shall be under the supervision and inspection of the Department of Public Works and the subdivider may be required to pay a reasonable charge for the engineering and inspection service . The above mentioned facilities for the collection and disposal of sanitary sewage from the platted area shall , upon final approval and acceptance by the City , become the property of the City . Under some circumstances the City may require , as a condition for approval of the plat , installation of a sanitary sewer that is larger than necessary to meet the needs of the platted area or the area being subdivided as shown by the Conceptual Development Plan , but necessary to complete the City Sanitary sewer system as it relates to both the area being platted and other areas . In such event the City will pay the subdivider the difference in cost of pipe and installation between the larger sewer and the diameter of sewer reasonable to meet the foreseeable needs of the area shown on the Conceptual Development Plan. Sec . 32-3002 . Storm sewers ; duty of owner to construct . There shall be constructed , at the owner and sub- divider ' s expense , a storm sewer system adequate to serve the area, including anticipated extension of use to serve additional areas . The storm sewer system shall be constructed in accordance with plans and specifications of the city and at sewer grades established by the city . The installation of the storm sewers shall be under the supervision and inspec- tion of the Director of Public Works and the owner may be required to pay a reasonable charge for the engineering and inspection service . The sewers shall , upon inspection , approval , and acceptance by the city, become the property of the city . In the storm sewer design phase , consideration shall be given to alternatives and principles of storm water management . Sec . 32-3003 . Water Main system; Duty of owner to construct . There shall be constructed, at the owner and sub- divider ' s expense , a water main system to adequately serve all lots or parcels of land within the platted area, with due regard to the present and reasonably foreseeable needs of the entire area shown in the Conceptual Development Plan , and shall connect the same to the City ' s existing water mains . The water main system shall be constructed in accor- dance with plans and specifications of the City . The installa- tion , construction , and sterilization of the water mains shall be under the supervision and inspection of the Director of Public Works , and the owner may be required to pay a reasonable charge for the engineering , inspection and steri- lization service . The water mains shall , upon inspection , approval , and acceptance by the city, become the property of the city . Under some circumstances the city may require , as a condition for approval of the plat , installation of a water main that is larger than necessary to meet the needs of the platted area or the area being subdivided as shown by the Conceptual Development Plan , but necessary to complete the city water distribution system as it relates to both the area being platted and other areas . In such event the City will pay the subdivider the difference in cost of pipe and installation between the larger water main and the diameter of water main reasonable to meet the foreseeable needs of the area shown on the Conceptual Development Plan . -12- Sec . 32-3004 . Streets , street grading and surfacing ; duty of owner to provide . The owner of land being platted shall , at his expense , provide the grading of the entire street right-of- way , alley or public place , and provide appropriate paving including curb and gutter on all streets . The street im- provement shall be constructed in accordance with the plans and specifications of the city , and shall adequately reflect the classification of the street , its location , and antici- pated volume of traffic . The installation of the streets is under the supervision of the Director of Public Works and the owner may be required to pay a reasonable charge for the engineering and inspection service . All streets or roads shall be of such width and shall be so constructed as to meet the standards of the public body responsible for the mainte- nance thereof . Under some circumstances the city may require , as a condition for approval of the plat , dedication and improve- ment of a street having a width greater than necessary to meet the needs of the platted area or the area being sub- divided as shown by the Conceptual Development Plan , but necessary to complete the city arterial street system as it relates to both the area being platted and other areas . In such event , the city will pay the subdivider the difference in cost of improving the wider street and the sized street reasonable to meet the foreseeable needs of the area shown in the Conceptual Development Plan . Sec . 32-3005 . Additional duties of owners . The owner and subdivider of the land being platted is responsible for the grading ; seeding or sodding of resi - dential lots ; planting of trees in the parking area ; construc- tion of sidewalks within the street areas , walkways ( as appropriate ) , street lights , and street signs . All such improvements shall be done under the direction and supervi - sion of the Director of Public Works or Director of the Electric Utility as appropriate . Sec . 32-3006 . Owner to guarantee completion of improvements ; bones check required. In the event the sanitary sewer aforementioned or any other improvement , except sidewalks , required in this chapter has not been installed and accepted by the city prior to the approval of the final plat by the City Council , the owner shall , before final approval of the plat , file a cor- porate surety bond or certified check with the City Clerk in an amount not less than the Director of Public Works ' certi- fied estimate of cost of constructing or completing the im- provements , including an estimated inspection charge . The bond or certified check shall be retained by the city until the work is completed , as a guarantee that the work will be completed in an acceptable manner within the time specified in the agreement between the owner and the city. , r -13- Sec . 32-3007. Owner to grant easements to _city. a. Where alleys are not available , the owner shall , before the plat is accepted, grant an easement of not less than five ( 5 ) feet to the city on each side of all rear and side lot lines where necessary for public utility requirements . Easements of greater width may be required along lot lines or across lots when necessary for the extension of main sewers or other utilities . Subdividers shall secure the required information regarding utility easements from the office of the Director of Public Works before filing the final plat . b. Utility easements shall convey to the city, its successors and assigns , the perpetual right within the areas shown on the plat and described in the easement , to construct , reconstruct , operate and maintain required public utilities , including the right to trim or remove trees within the areas where necessary to secure a clearance of four( 4 ) feet from wires or poles , together with the right to extend to any telephone , telegraph, electric power , gas or cable T.V. company , the right to use separately or jointly with the city the areas included in the easement for the purposes above enumerated. C . Easements for storm drainage to surface water shall be required as necessary. Sec . 32-3008 . Monuments to be placed in platted areas ; specifications . The owner of the land being platted shall , before submitting the final plat for approval , cause minimum sized monuments to be placed within the platted area as follows : Five-eighths ( 5/8 ) inch iron re-rod pipe monuments not less than thirty ( 30 ) inches in length and driven to ground level or not more than six ( 6 ) inches below the ground surface shall be placed at each block corner , each end of curves and each angle or change in direction along lot lines . These controlled monuments shall have a cap of enert material affixed to the top and shall bear a cut marking of the Iowa registration number of the land surveyor . One-half ( 1/2 ) inch iron rods not less than twenty-four ( 24 ) inches in length shall be placed at each lot corner . Lot corners when in place shall be left flush with the finished ground surface . Sec . 32-3009 . Modification of the improvement requirements . All improvement requirements as contained within this section shall be provided for in all subdivisions with the exceptions as follows : a. Upon specific request and upon concurrence of City Council , certain improvements may be waived. -14- b . Upon request and concurrence by City Council , street final surfacing (paving) in commercial and industrial areas may not be required until that street or part of the street adjoins a completed building ready and offered for occupancy and for which building a Certificate of Occupancy has been issued by the Chief Building Official . Such paving shall be done continuously from the entrance into the subdivision . C . Nothing contained in this chapter shall be interpreted as preventing the City Council from making other reasonable requirements for dedica- tions or installations of public improvements or facilities desirable to meet the public needs caused by new subdivisions , that is , by way of specification but not limitation : 1 . Such pipes or conduits as are necessary to carry sump pump discharge water directly into the storm sewers so as to prevent in- filtration or discharge into the sanitary sewer system . 2 . Advance payment to the Municipal Electric Utility of the cost of electric distribution apparatus . 3 . Dedication of such park or open space land as is warranted by the reasonably foreseeable population and use of an area shown in a Conceptual Development Plan. " Section Two . Violation of this ordinance shall constitute a simple misdemeanor punishable by a fine not to exceed one hundred dollars ( $100 ) or by imprisonment for a period not to exceed thirty ( 30 ) days . Section Three . The sections , paragraphs , sentences , clauses and phrases of this ordinance are severable , and if any phrase , clause , sentence , paragraph or section of this ordinance shall be declared invalid , unenforceable , or uncon- stitutional by the valid judgment or decree of a court of competent jurisdiction , such invalidity, unenforceability or unconstitutionality shall not affect any of the remaining phrases , clauses , sentences , paragraphs and sections of this ordinance . Section Four . All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict . Section Five . This ordinance shall be in full force and effect from and after its passage and publication as re- quired by law . Passed this 18th day of April 1978 . f /Lc r 6tc41 Mary E./ Paul , City Clerk Lee Fellinger , Mayor