HomeMy WebLinkAbout~Master - Amending Zoning Code, Revising Subdivision Regulations r INST.NO. 9 0 7 6 L
STORY COUNTY, IOWA
D fILED FOR RECORD
J UN 0 7 1999 PM
R SUSAN L.VANDE KAMPr Recorder
RECORDING E $_.a . C22 _
AUDITOR'S FEE$ —
DO NOT WRITE IN THE SPACE ABOVE THIS LiNE,RESERVED FOR RECORDER
Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark,Aires,Iowa 50010(Phone: 515-239-5146)
ORDINANCE NO, 3524
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY REPEALING SECTIONS 23.1 THROUGH 23.34
THEREOF AND ENACTING NEW SECTIONS 23.101 THROUGH 23.504
FOR THE PURPOSE OF REVISING REGULATIONS PERTAINING TO
THE PLATTING OF SUBDIVISIONS OF LAND; REPEALING ANY AND
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE
EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND
ESTABLISHING AN EFFECTIVE DATE.
BF IT ENACTED,by the City Council for the City of Allies,Iowa,that:
Section 0i . The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by repealing
Sections 23.1 through 23.34 and enacting new Sections 23.101 through 23.504 as follows:
"DIVISION I
GENERAL PROVISIONS
See.23.101. TITLE.
This chapter shall be known and may be cited and referred to as the Subdivision Regulations for
the City of Ames,Iowa,and will be referred to herein as the"Regulations"to the same effect as if the full
title were stated.
Sec.23.102. PURPOSE,APPLICATION,AND WAIVER/MODIFICATION.
(1) Purpose: It is determined to be in the public interest and the purpose of these Regulations:
(a) To provide for accurate,clear and concise legal descriptions of real estate in order
to prevent,wherever possible,land boundary disputes or real estate title problems;
(b) To provide for a balance between the use rights of individual landowners and the
economic,social,and environmental concerns of the public when the City is developing or enforcing its
land use regulations;and
(c) To encourage orderly development of the City and provide for the regulation and
control of the extension of public improvements,public services,and utilities,the improvement of land,
and the design of subdivisions,that are consistent with the City's Land Use Policy Plan and other specific
community plans.
(2) Application:
(a) The provisions of the Regulations are the minimum requirements fix promotion of
the public health,safety,and general welfare. No zoning pennit or building pen-nit shall be issued for a
principal building,within the meaning of the City's zoning regulations, from the effective date of the
Regulations with respect to any land that has been divided without compliance with the provisions of the
Regulations and all other applicable state laws and city ordinances in force at the time of such division.
if the Regulations impose higher standards than are required in any other statute or local ordinance or
regulation,the Regulations shall govern. If any other statute or local ordinance or regulation imposes
lugher standards than are required by the Regulations,the other statute or local ordinance or regulation
shall govern.
(b) These Regulations govern the review and approval of any plat for subdivision of any
area of land within the City or within two miles of the City boundaries within Story or Boone County.
(3) These Regulations apply where any or all of the following circumstances exist or occur:
(a) any area of land which has been divided or shall hereafter be divided into two or
more parts;
(b) any area of land that is described by metes and bounds,or an area of land that is not
a complete platted lot.
� `t
(4) Such area of land shall be platted in accordance with these Regulations,prior to issuance
of zoning and/or building permits for development or change in use of that area of land. A zoning permit
and/or building permit shall not be issued with respect to an area of land that is within the scope of 3(a)
or 3(b)above until such area of land has been platted in accordance with these Regulations.
Sec.23.103. WAIVER/MODIFICATION.
Where, in the case of a particular subdivision, it can be shown that strict compliance with the
requirements of the Regulations would result in extraordinary hardship to the Applicant or would prove
inconsistent with the purpose of the Regulations because of unusual topography or other conditions,the
City Council may modify or waive the requirements of the Regulations so that substantial justice may be
done and the public interest secured provided,however,that such modification or waiver shall not have
the effect of nullifying the intent and purpose of the Regulations. In no case shall any modification or
waiver be more than necessary to eliminate the hardship or conform to the purpose of the Regulations.
In so granting a modification or waiver,the City Council may impose such additional conditions as are
necessary to secure substantially the objectives of the requirements so modified or waived.
Sec.23.104. FEES.
The City Council shall from time to time establish by resolution,a schedule of reasonable fees,
sufficient to recover incurred costs,to be charged for the review of plats under the Regulations.
Sec.23.105. ENFORCEMENT AND PENALTIES
(1) Enforcement: It shall be the duty of the Building Official/Zoning Enforcement Officer to
enforce provisions of the Regulations and to bring to the attention of the City Council any violations or
lack of compliance.
(2) Penalties: A violation of any provisions of Chapter 23,Subdivisions,shall be a municipal
infraction punishable by a penalty of$500 for a person's first violation,thereof,and a penalty of$750
for each repeat violation.
Sec.23.106. VALIDITY,SEVERABILITY AND EFFECTIVE DATE.
Validity and Severability: If any division,section,subsection,paragraph,sentence,clause,phrase,
or provision of the Regulations is adjudged invalid or held unconstitutional,the same shall not affect the
validity of the Regulations as a whole or any division,section,subsection,paragraph,sentence,clause,
phrase,or provision thereof,other than the division, section,subsection,paragraph, sentence, clause,
phrase,or provision so adjudged to be invalid or unconstitutional. All regulations or parts of regulations
in conflict with the Regulations are hereby repealed to the extent of such conflict.
Sec.23.107. RELATIONSHIP TO OTHER LAWS AND PLANS.
In addition to the requirements of the Regulations,all plats of land must comply with all other
applicable City,county,state and federal statutes or regulations. All references in the Regulations to other
City, county, state or federal statutes or regulations are for informational purposes only, and do not
constitute a complete list of such statutes or regulations. The Regulations are expressly designed to
supplement and be compatible with, without limitation, the following City plans, regulations or
ordinances:
(1) Land Use Policy Plan
(2) Zoning Ordinance
(3) Historic Preservation Ordinance
(4) Flood Plain Ordinance.
(5) Building, Sign and House Moving Code
(6) Rental Housing Code
(7) Transportation Plan
(9) Parks Master Plan
(9) Bicycle Route Master Plan
Plats may be disapproved on the basis of the above,and other City Council approved plans and
policies that may be adopted from time to time.
2
9 9 - 074 62 ��
DIVISION II
DEFINITIONS AND RULES OF CONSTRUCTION
Sec. 23.201. Definitions.
Unless otherwise expressly stated,the following terms shall,for the purposes of the Regulations,
have the meaning herein indicated.
(1) Adequate Public Facilities: Facilities determined by the City Council to be capable of
supporting and servicing specified levels of service for anticipated infrastructure needs in the physical
area and with the designated intensity of a proposed subdivision.
(2) Alley: A public way designed to be used as a secondary means of access to the side or
rear of abutting property whose principal frontage is on some other public way.
(3) Applicant: The owner of land proposed for subdivision or the developer thereof who has
written authority to act on behalf of the owner.
(4) Bikeway: A public way designed to be used for bicycling. 'Bikeway" shall include: any
Bike Path, which is a public way separated from any highway, street or alley and designed for the use
of bicycles; and any Bike Lane, which is a portion of a highway, street, alley or other public way
reserved and marked for the exclusive use of bicycles.
(5) Block: An area of land bounded by streets, or by a combination of streets and public
parks, cemeteries, railroad rights-of-way, exterior boundaries of the subdivision, shorelines of
waterways, or corporate boundaries.
(6) Bond: Any form of security including a letter of credit, a cash deposit, surety bond,
collateral, property or instrument of credit in an amount and form satisfactory to the City Council.
(7) Building: Any structure having a roof supported by columns or walls for shelter, support
or enclosure of persons, animals or chattels. Each area of such structure separated by division walls
from the ground up without openings shall be deemed a separate building.
(8) Building Line: A line fixed parallel to the front lot line in front of which lies the front
yard and behind which all buildings or structures must be setback under the tenors of the Zoning
Ordinance.
(9) Building Official/Zoning Enforcement Officer: The individual appointed by the City
Manager who is responsible for the administration and enforcement of the Zoning Ordinance and
Subdivision Regulations of the City.
(10) Central Water System: A private water system,including water treatment and distribution
facilities,established to serve a new subdivision or re-subdivision that is located outside the corporate
boundaries serving the number of people as specified by the Department of Natural Resources or other
appropriate State Agency.
(11) Central Sewerage System: A private sewer system including collection and treatment
facilities established to serve a new subdivision or re-subdivision that is located outside the corporate
boundaries serving the number of people as specified by the Department of Natural Resources or other
appropriate State Agency.
(12) City: The City of Ames, Iowa.
(13) Dedication: A grant to the City of title to land, without compensation.
(14) Division: An apportionment of an area of land into two or more parts, any of which is
less than 40 acres, except apportionments of an area of land that are made for purposes of lease or
rental.
(15) Driveway Approach:A vehicle access from private property to a public street or alley.
(16) Easement: The perpetual right to use the land of another for a specified purpose.
(17) Highway: A public way designated as a highway by an appropriate, state or federal
agency.
3
99 - 07462
(18) Improvement Agreement: A written agreement signed by an Applicant and authorized
agents of the City whereby the Applicant agrees to undertake performance of those obligations imposed
by the Regulations,or agrees to undertake additional public facility improvements in exchange for such
consideration of development rights as may be contained in the agreement and as authorized by the
City, and containing such other terms and provisions and in such form as shall be acceptable to the
City. Specifically,an Improvement Agreement is to be entered into after approval of the Preliminary
Plat in the event that improvements set forth therein will not be completed before submission of the
Final Plat.
(19) Improvement Guarantee: Any surety provided in accordance with Section 23.409 of the
Regulations.
(20) Land Use Policy Plan: The comprehensive plan for the City of Ames, Iowa, as adopted
August 26, 1997, and as subsequently amended.
(21) Lot: An area of land designated by number or letter in a plat of subdivision recorded
pursuant to the Regulations, or otherwise recorded with the office of the County Recorder.
(22) Major Subdivision: Any subdivision that is not classified as a Minor Subdivision.
(23) Minor Subdivision: Any subdivision that plats no more than three lots fronting on an
existing public way and does not require construction or extension of any public ways, utilities or other
improvements, as set out in Section 23.301 of the Regulations.
(24) Outlot: an unbuddable area of land,due to its,size,shape, topography or general location
within the phasing of a subdivision.
(25) Preliminary Plat: A plat for a proposed major subdivision prepared and submitted in
accordance with Section 23.13 of the Regulations.
(26) Public Way: A right-of-way used for passage by the public. "Public Way" shall include,
but not be limited to, any highways, streets or alleys.
(27) Right-of-way: A strip of land acquired by reservation, dedication, prescription, or
condemnation and used or intended to be used by specific persons or the public for a specific purpose
or purposes. "Right-of-Way" shall include, but not be limited to, any public ways.
(28) Shade Tree: An overstory tree of approved species and size.
(29) Sidewalk A public way designed and used for walking and located in public right-of-way
or public easements.
(30) Sketch Plan: A plan of land,preparatory to the plat, showing the location of a proposed
division of land, including the general location and dimensions of any proposed streets and other
improvements and the general layout and arrangement of intended land uses, in relation to the
surrounding area.
(31) Street: A public way designed and used for passage of vehicles. "Street" shall not
include any alleys or highways.
(32) Street Classification: All streets shall be classified as one or more of the following, in
accordance with the adopted street classification map:
(a) Street, Arterial: Those streets, which provide for a rapid movement of
concentrated volumes of traffic over relatively long distances, including:
(i) Freeways and Expressways: Streets or highways which include the major
interstate and interregional traffic corridors and provide the highest mobility level and a high degree
of access control.
(ii) Principal Arterial: A street intended for tie movement of traffic to and
from major traffic generators such as the Downtown or Highway Business areas, the University area,
major industrial areas, or as a route for traffic between communities and that accommodates a high
degree of mobility with a high degree of access control.
(iii) Minor Arterials: Streets intended to collect and distribute traffic in a
manner that is designed to serve low intensity traffic generating areas such as neighborhood commercial
areas, education facilities, churches or designed to carry traffic from collector streets to principal
arterials with a high degree of access control.
(b) Street, Collector: A street intended to move traffic from local streets to arterial
streets. These streets provide for movement at moderate speeds and provide a direct route between
activity centers with a lesser degree of access control than arterial streets.
4 99 - 0 74 6 2 C4
(c) Street, Local: A street designed for low speeds and low intensity traffic volumes
intended to provide access to private property, and also to move traffic to and from low generating
areas to collector and arterial streets.
(i) Cul-de-Sac: A local street closed at one end with a turn-around.
(ii) Dead-end: A local street with only one vehicular traffic outlet.
(iii) Frontage Road: A local street that parallels and is adjacent to an arterial
street, that is separated from the through traffic on the arterial street.
(33) Structure: Anything designed and constructed for use on, above or below the surface of
land or water and located on land or attached to something located on land. "Structure" includes, but
is not limited to, any buildings.
(34) Subdivision: Any area of land divided or proposed to be divided into two or more lots
any of which are less than 40 acres.
(35) Walkway: A public way designed to be used for walking.
23.202. RULES OF CONSTRUCTION.
Words used in the present tense shall include both the past and the future, and words used in
the future tense shall include the present; words in the singular number shall include the plural and
words in the plural number shall include the singular; the word "shall" is mandatory and not directory
while the word "may" is permissive; words or terms not herein defined shall have their ordinary and
customary meaning in relation to the context.
DIVISION III
PROCEDURE
23.301. PRE-APPLICATION CONFERENCE.
(1) Purpose: The purpose of the Pre-Application Conference is: to inform City staff of a
possible future subdivision; to facilitate City staff review of the effect and feasibility of a proposed
subdivision in relation to the City's existing and proposed infrastructure systems, and to inform the
Applicant of the requirements of the Regulations.
(2) Procedure:
(a) The Applicant shall request a Pre-Application Conference with appropriate City
staff,including siff from the Department of Planning and Housing,the Department of Public Works,and
such other departments as determined by the Department of Planning and Housing.
(b) The Applicant shall submit three copies of a Sketch Plan for the area of land
proposed to be subdivided five days prior to the Pre-Application Conference.
(3) Sketch Plan Contents: A Sketch Plan shall contain,at a minimum,the information set forth
in Section 23.501 of the Regulations.
(4) Sketch Plan Review and Comments:
(a) The appropriate City staff shall review and comment upon the Sketch Plan,taking
into consideration the requirements of the Regulations and the best use of the tract or parcel proposed to
be subdivided and giving particular attention to the following:
(i) the location and layout of any proposed streets or other public ways;
(ii) the arrangement and size of any lots to be platted by the proposed subdivision;
(iii) the layout of any proposed public infrastructure;
(iv) the pattern of surface water drainage on the area of land proposed to be
subdivided;and
(v) the potential for any additional development of abutting lots,or areas of land.
(b) Neither the developer nor the City shall be bound by any comments,
recommendations,determinations or decisions of City staff offered or made during the Pre-Application
Conference.
5 - 4 6 2
99 07
(5) Classification of Subdivisions:
(a) The Department of Planning and Housing shall issue a written determination as to
the classification of a proposed subdivision within 20 days of the conclusion of the Pre-Application
Conference process. All subdivisions will be classified as either a Major Subdivision or a Minor
Subdivision.
(b) A subdivision may be classified as a Minor Subdivision only if both of the following
conditions are met:
(i) the proposed subdivision will plat no more than three lots, including a
Consolidation Plat each of which will be legally platted after the recording of the subdivision and each
of which will front on an existing public way,not including alleys;and
(ii) the proposed subdivision will require no public improvements of any kind,
except sidewalks and/or bicycle paths in compliance with the Bicycle Route Master Plan,to provide
adequate facilities and services to any of the lots to be platted by the proposed subdivision or to maintain
existing adequate facilities and services to any other lots,or areas of land.
(c) Any subdivision not meeting both conditions for classification as a Minor
Subdivision shall be classified as a Major Subdivision.
(d) The determination of the Department of Planning and Housing as to the classification
of a proposed subdivision shall be presumed to be correct.
Sec.23.302. MAJOR SUBDIVISIONS.
(1) Major Subdivision Preliminary Plat Procedure: The Applicant shall file a complete
Application for Preliminary Plat Approval of a Major Subdivision with the Department of Planning and
Housing at least 15 days prior to a regular meeting of the Planning and Zoning Commission and no later
than 90 days after issuance of the classification as major subdivision.
(a) An Application for Preliminary Plat Approval of a Major Subdivision shall include:
(i) a completed Application Form(entitled "Application for Preliminary Plat
Approval of a Major Subdivision")available from the Department of Planning and Housing,
(ii) sixteen paper copies no larger than 24"X 36"and one black line copy no
larger than I I"x 17"of a Preliminary Plat prepared in accordance with subsection 23.501.-1
(iii) a computer diskette containing a Computer Aided Design Drawing of the
Preliminary Plat which shall be provided in a format meeting the hardware and software specifications
of the City of Ames,Iowa;and
(iv) any filing fee established by the City Council.
(b) An application for Preliminary Plat Approval of a Major Subdivision shall be
deemed'complete"for the purpose of commencing time periods within which action is required when
so certified by the Department of Planning and Housing.
(2) Staff and Agency Review of Preliminary Plat;Concurrent Review by County:
(a) The Department of Planning and Housing shall file one copy of the Application Form
and the Preliminary Plat with the City Clerk and shall distribute a copy of the Preliminary Plat to the
Department of Public Works and such other departments,persons,and utility companies as it determines
may be necessary or appropriate for their review,comments and recommendations. The Department of
Planning and Housing shall assemble, review, and report on any comments or recommendations
submitted to it for consideration by the Planning and Zoning Commission.
(b) hi addition,where the proposed subdivision occurs within the two-mile radius of the
City in which either Story County or Boone County subdivision regulations will also apply,the Applicant
shall be required to demonstrate compliance with all applicable requirements set forth in such county
regulations prior to approval of the Preliminary Plat by the City Council. Pursuant to Section 3 54.9 Code
of Iowa,the City has power of review of all subdivisions outside the City within two miles distance of the
City's boundaries in both Boone County and Story County.
(3) Planning and Zoning Commission Review:
(a) The Planning and Zoning Commission shall examine the Preliminary Plat, any
comments,recommendations or reports assembled or made by the Department of Planning and Housing,
and such other information as it deems necessary or desirable to consider.
6 99 - 074 62
(b) Based upon such examination,the Planning and Zoning Commission shall ascertain
whether the Preliminary Plat conforms to relevant and applicable design and improvement standards in
these Regulations,to other City ordinances and standards,to the City's Land Use Policy Plan,and to the
City's other duly adopted plans.
(4) Planning and Zoning Commission Recommendation: Following such examination and
within 30 days of the regular meeting of the Planning and Zoning Commission at which a complete
Application is first formally received for consideration, the Planning and Zoning Commission shall
forward a report including its recommendation to the City Council. The Planning and Zoning
Commission shall set forth its reasons for any recommendation to disapprove or to modify any
Preliminary Plat in its report to the City Council and shall provide a written copy of such reasons to the
developer.
(5) City Council Review of Preliminary Plat: All proposed subdivision plats shall be submitted
to the City Council for review and approval in accordance with these Regulations. The City Council shall
examine the Preliminary Plat, any comments, recommendations or reports examined or made by the
Planning and Zoning Commission,and such other information as it deems necessary and reasonable to
consider.
(6) City Council Action on Preliminary Plat:
(a) Based upon such examination, the City Council shall determine whether the
Preliminary Plat conforms to relevant and applicable design and improvement standards in these
Regulations,to other City ordinances and standards,to the City's Land Use Policy Plan and to the City's
other duly adopted plans. In particular, the City Council shall detemune whether the subdivision
conforms to minimum levels of service standards set forth in the Land Use Policy Plan for public
infrastructure and shall give due consideration to the possible burden of the proposed subdivision on
public improvements in determining whether to require the installation of additional public improvements
as a condition for approval.
(b) Following such examination and within 30 days of the referral of the Preliminary Plat
and report of recommendations to the City Council by the Planning and Zoning Commission,the City
Council shall approve, approve subject to conditions, or disapprove the Preliminary Plat. The City
Council shall set forth its reasons for disapproving any Preliminary Plat or for conditioning its approval
of any Preliminary Plat in its official records and shall provide a written copy of such reasons to the
developer.
(7) Effect of Approved Preliminary Plat:
(a) An approved Preliminary Plat authorizes the making or installation of any required
improvements shown on the Preliminary Plat after the Municipal Engineer reviews and provides written
approval of construction plans,including any appropriate profiles or cross sections,for improvement of
public ways,public infrastructure and public utilities.
(b) An approved Preliminary Plat shall be valid for one year from the date on which the
City Council approves the Preliminary Plat,by which time the Applicant shall submit an Application for
Final Plat Approval or the Preliminary Plat shall become null and void unless the City Council has
granted an extension of time for the validity of the Preliminary Plat for a period not to exceed one
additional year beyond the expiration of the original one year period of validity. If the approval period
expires without an Application for Final Plat Approval,nor an extension,the Applicant shall be required
to resubmit a Sketch Plan pursuant to currently existing Regulations.
(c) The City Council may require that all public improvements described on the
approved Preliminary Plat for a Major Subdivision be installed and dedicated prior to approval of the
Final Plat. If the City Council does not require that all public improvements be installed and dedicated
prior to approval of the Final Plat,the City Council shall require the Applicant to execute an Improvement
Agreement as set forth in Section 23.304 and provide security in the form of an Improvement Guarantee
as set forth in Section 23.409 of the Regulations. Between the approval of the Preliminary Plat and
submission of an Application for Final Plat Approval of a Major Subdivision,the Applicant must either
complete all indicated improvements to the satisfaction of the City or enter into an Improvement
Agreement to do so.
(8) Major Subdivision Final Plat Process:
(a) The Applicant shall file an Application for Final Plat Approval of a Major
Subdivision with the Department of Planning and Housing before the expiration of the period of validity
of a Preliminary Plat as described in subsection 23.302(7).
7
99 - 07462 ��
(b) An Application for Final Plat Approval of a Major Subdivision shall include:
(i) a completed Application Form(entitled"Application for Final Plat Approval
of a Major Subdivision")available from the Department of Planning and Housing,
(ii) sixteen paper copies and one reproducible blackline copy no larger than 11"X
17" of a Final Plat prepared in accordance with subsection 23.503,
(iii) a computer diskette containing a Computer Aided Design Drawing of the
Final Plat,which shall be provided in a format meeting the hardware and software specifications of the
City,
(iv) any Improvement Guarantee, as necessary, in a form consistent with the
requirements of Section 23.409 of the Regulations;and
(v) any filing fee established by the City Council.
(9) Staff and Agency Review of Final Plat for Major Subdivision:
(a) The Department of Planning and Housing shall file one copy of the Application Form
and the Final Plat with the City Clerk and shall distribute a copy of the Application Form and the Final
Plat to such other departments, persons, and utility companies as it determines may be necessary or
appropriate for their review,comments and recommendations.
(b) The Department of Planning and Housing shall assemble,review and report on any
comments or recommendations submitted to it and shall examine the Final Plat with regard to its
conformance with the Preliminary Plat.
(c) The Department of Planning and Housing shall forward the Final Plat to the City
Council for its review within 21 days after the Applicant has filed a complete Application for Final Plat
Approval if the Department finds and reports in writing that the Final Plat substantially conforms to the
approved Preliminary Plat. An Application for Final Plat Approval of a Major Subdivision shall be
"complete" for the purpose of commencing time periods within which action by the City Council is
required when so certified by the Department of Planning and Housing.
(10) City Council Action on Final Plat for Major Subdivision:
(a) All proposed subdivision plats shall be submitted to the City Council for review and
approval. Upon receipt of any Final Plat forwarded to it for review and approval,the City Council shall
examine the Application Form,the Final Plat,any comments,recommendations or reports examined or
made by the Department of Planning and Housing,and such other information as it deems necessary or
reasonable to consider.
(b) Based upon such examination,the City Council shall ascertain whether the Final Plat
conforms to relevant and applicable design and improvement standards in these Regulations,to other City
ordinances and standards,to the City's Land Use Policy Plan and to the City's other duly adopted plans.
(c) The City Council may:
(i) deny any subdivision where the reasonably anticipated impact of such
subdivision will create such a burden on existing public improvements or such a need for new public
improvements that the area of the City affected by such impact will be unable to conform to level of
service standards set forth in the Land Use Policy Plan or other capital project or growth management
plan of the City until such time that the City upgrades such public improvements in accordance with
schedules set forth in such plans;or,
(ii) approve any subdivision subject to the condition that the Applicant contribute
to so much of such upgrade of public improvements as the need for such upgrade is directly and
proportionately attributable to such impact as determined at the sole discretion of the City. The terms,
conditions and amortization schedule for such contribution may be incorporated within an Improvement
Agreement as set forth in Section 23.304 of the Regulations.
(d) Prior to granting approval of a major subdivision Final Plat,the City Council may
permit the plat to be divided into two or more sections and may impose such conditions upon approval
of each section as it deems necessary to assure orderly development of the subdivision.
(e) Following such examination, and within 60 days of the Applicant's filing of the
complete Application for Final Plat Approval of a Major Subdivision with the Department of Planning
and Housing,the City Council shall approve,approve subject to conditions,or disapprove the Application
for Final Plat Approval of a Major Subdivision. The City Council shall set forth its reasons for
disapproving any Application or for conditioning its approval of any Application in its official records
and shall provide a written copy of such reasons to the developer. The City Council shall pass a
resolution accepting the Final Plat for any Application that it approves.
8
99 - 074 62 $
See.23.303. MINOR SUBDIVISIONS FINAL PLAT.
(1) Minor Subdivision Procedure:
(a) The Applicant shall file an Application for Final Plat Approval of a Minor
Subdivision with the Department of Planning and Housing at least 15 days prior to a regular meeting of
the City Council. No preliminary plat is required for the Minor Subdivision process.
(b) An Application for Final Plat Approval of a Minor Subdivision shall include:
(i) a completed Application Form(entitled"Application for Final Plat Approval
of a Minor Subdivision")available from the Department of Planning and Housing;
(ii) sixteen paper copies no larger than 24"x 36"and one blackline copy no larger
than 11"X17"of a Final Plat prepared in accordance with subsection 23.504;
(iii) a computer diskette containing a Computer Aided Design Drawing of the
Final Plat,which shall be provided in a format meeting the hardware and software specifications of the
City, if practical. Where an applicant is unable to submit the Final Plat of a Minor Subdivision in a
Computer Assisted Design Drawing, a paper copy may be submitted as an alternative, along with a
payment of fees equal to 150%of the fee normally charged by resolution of the City Council;and
(iv) any filing fee established by the City Council.
(c) An Application for Final Plat Approval of a Minor Subdivision shall be complete
for the purpose of commencing time periods within which action by the City Council is required when
so certified by the Department of Planning and Housing.
(2) Staff and Agency Review of Final Plat Approval for Minor Subdivision: The Department
of Planning and Housing shall file one copy of the Application Form and the Final Plat with the City Clerk
and shall distribute a copy of the Application Form and the Final Plat to the Department of Public Works
and such other departments, persons, and utility companies as it determines may be necessary or
appropriate for their review,comments,and recommendations. The Department of Planning and Housing
shall assemble,review,and report on any continents or recommendations submitted to it for consideration
by the City Council.
(3) City Council Action on Final Plat for Minor Subdivision:
(a) All proposed subdivision plats shall be submitted to the City Council for review and
approval in accordance with Section 354.8 of the Iowa Code,as amended or superseded. Upon receipt
of any Final Plat forwarded to it for review and approval,the City Council shall examine the Application
Form,the Final Plat,any comments,recommendations or reports examined or made by the Department
of Planning and Housing,and such other information as it deems necessary or reasonable to consider.
(b) Based upon such examination,the City Council shall ascertain whether the Final Plat
conforms to relevant and applicable design and improvement standards in these Regulations,to other City
ordinances and standards,to the City's Land Use Policy Plan and to the City's other duly adopted plans.
If the City Council determines that the proposed subdivision will require the installation or upgrade of
any public improvements to provide adequate facilities and services to any lot in the proposed subdivision
or to maintain adequate facilities and services to any other lot,parcel or tract,the City Council shall deny
the Application for Final Plat Approval of a Minor Subdivision and require the Applicant to file a
Preliminary Plat for Major Subdivision.
(4) Effect of City Council Action on Minor Subdivision: Following such examination, and
within 60 days of the applicant's filing of the complete Application for Final Plat Approval of a Minor
Subdivision with the Department of Planning and Housing, the City Council shall approve, approve
subject to conditions,or disapprove the Application for Final Plat Approval of a Minor Subdivision. The
City Council shall set forth its reasons for disapproving any Application or for conditioning its approval
of any Application in its official records and shall provide a written copy of such reasons to the developer.
The City Council shall pass a resolution accepting the Final Plat for any Application that it approves.
9
99 - 074 62 C�
Sec.23.304. IMPROVEMENT AGREEMENTS.
(1) The City Council may require that all public improvements described on the approved
Preliminary Plat for a Major Subdivision be installed and dedicated prior to approval of the Final Plat.
If the City Council does not require that all public improvements be installed and dedicated prior to
approval of the Final Plat, the City Council shall require the Applicant to execute an Improvement
Agreement and provide security in the form of an Improvement Guarantee as set forth in Section 23.409
of the Regulations. Between the approval of the Preliminary Plat and submission of an Application for
Final Plat Approval of a Major Subdivision, the Applicant must either complete all indicated
improvements to the satisfaction of the City or enter into an Improvement Agreement to do so.
(2) The City Council may further require that all public improvements or contributions to
public improvements to be installed or made by the Applicant as a condition for approval of a Final Plat
for a Major Subdivision shall be installed or made prior to such approval. If the City Council does not
require that all public improvements or contributions to public improvements be installed or made prior
to approval of a Final Plat, the City Council shall require the Applicant to execute an Improvement
Agreement and provide security in the form of an Improvement Guarantee.
(3) General: Such Improvement Agreement shall constitute a binding contract between the
Applicant and the City(the"parties")and shall be subject to approval as to form by the City Attorney.
(4) Unless otherwise provided in the Improvement Agreement,the Improvement Agreement
shall create no rights enforceable by any third party who is not a party to the Improvement Agreement.
(5) The Improvement Agreement shall include a clause providing that the Applicant's
substantial compliance with each and every term,condition,provision and covenant of the Preliminary
Plat,of the Improvement Agreement,and of all applicable federal,state and local laws and regulations
shall be a condition precedent of approval of the Final Plat for Major Subdivision.
(6) The hmprovement Agreement shall be adopted by the City Council pursuant to applicable
state and local laws and shall be recorded in the office of the County Recorder.
Sec.23.305 APPROVAL,RECORDATION AND APPEAL.
(1) Approval and Recordation:
(a) The passage of a resolution by the City Council accepting any Final Plat,whether
for Major or Minor Subdivision,shall constitute final approval of the subdivision subject to the City Clerk
receiving a copy of the recorded Final Plat.
(b) The Applicant shall request that a copy of such resolution be certified by the City
Clerk. The Applicant shall cause the Final Plat and the certified resolution to be recorded in the office
of the County Recorder of Story County,or Boone County,Iowa,as appropriate.
(c) A copy of the recorded Final Plat and certified resolution must be received by the
City Clerk within 30 days of the final approval of the Final Plat by the City Council. The City Council
may initiate proceedings to revoke any approved Final Plat not so received.
(2) Appeal of Disapproval: If any Preliminary Plat or Final Plat is disapproved by the City
Council,such disapproval shall state the reasons for such disapproval and shall state requirements for
approval.
DIVISION IV
DESIGN AND IMPROVEMENT STANDARDS
Sec.23.401. SITE DESIGN STANDARDS.
(1) General: The design standards contained in these Regulations are the minimum
requirements applicable to a wide variety of circumstances for the general arrangement and layout of
subdivisions. More stringent standards may be appropriate when the City Council finds and concludes
that site conditions so require in order to ensure development of an economical,pleasant, and durable
neighborhood. More stringent standards may be required so long as such findings and conclusions
demonstrate the consistency and compatibility of the standards with applicable elements of the Land Use
Policy Plan and other City plans and with the following specific considerations:
10
99 - 0 7a 6 � ro
(a) safe and convenient pedestrian and vehicular access to the subdivision;
(b) appropriate preservation and integration of natural features within the subdivision,
(c) the capacity and capability of infrastructure facilities,utility service and community
facility_ service;and
(d) minimizing overall lengths of public ways and infrastructure facilities while limiting
the use of dead-end streets and cul-de-sacs.
(2) Blocks: Any block created by subdivision shall be appropriate to the type of development
and use contemplated and shall conform as nearly as practicable to the size of existing and abutting blocks
within the City's jurisdiction so that any new public way shall extend the existing system of public ways,
so that the preferred block length does not exceed 600 feet and in no case shall a new block be longer than
1,320 feet or shorter than 280 feet between center lines of public ways unless topography or other
conditions justifies variation. Blocks shall have sufficient width to provide for two tiers of lots sufficient
for the building needs of the use proposed and to satisfy applicable zoning requirements. One tier of such
lots shall be permitted for blocks adjacent to arterial streets,railroads,or waterways.
(3) Lots: Any lot created by subdivision shall be appropriate for the type of development and
use contemplated and shall meet any applicable zoning requirements and the following additional
standards:
(a) a lot at the corner or intersection of two public ways shall be of such width to permit
appropriate building setback and orientation to both public ways,as well as to provide adequate vehicular
sight clearance;
(b) a lot with double frontage or reverse frontage shall not be permitted,except where
essential to provide separation of residential development from arterial streets or to overcome specific
disadvantages of topography and orientation;
(c) a lot shall be provided with a usable access to a public way,except that access on
an arterial street shall not be permitted unless alternative arrangements are impractical or impossible in
which instance a frontage road,a cul-de-sac,or some other means of alternative access may be required
in order to limit possible traffic hazard on such street,
(d) a lot should have side lot lines that are substantially at right angles to straight street
lines or radial to curved street lines,
(e) a lot shall have adequate depth and width for any proposed structure, off-street
service,and parking facilities required by the type of development and use contemplated,
(f) a lot created by subdivision that is larger than required under applicable zoning
requirements or other relevant building restrictions shall be arranged along with any other such lots
created by subdivision to allow the opening of future public ways. Any further subdivision and
dedications or reservations providing for such opening or extension of public ways may be made a
requirement of the approval of a final plat to the extent allowed by law;and
(g) an area of land created by subdivision that is unbuildable due to its location,size,
shape,or intended use,shall be labeled"outlot"on the final subdivision plat,the approval of which shall
thereby restrict it as an unbuildable area.
(4) Confonnance to Natural Features: As a means to protect the health,safety and welfare,no
land shall be subdivided into buildable lots which is unsuitable for development due to flooding,improper
drainage,steep slopes,rock formations,adverse earth formations or topography,or other natural features.
The developer may formulate adequate methods to avoid,minimize or mitigate any problems reasonably
expected from subdivision or development of such land. Upon review of methods taken to avoid,mitigate
or minimize any such problems the Planning and Zoning Commission may recommend and the City
Council may approve of such subdivision.
(5) Monumentation: Monuments shall meet all requirements specified by statute and shall be
placed within the area subdivided as follows: 5/8-inch iron re-rod or pipe monuments not less than thirty
inches in length shall be placed at each corner of any block,each end of any curve,and each angle or
change in direction along any boundary line and''/z-inch iron re-rod or pipe not less than 30 inches in
length shall be placed at each individual lot angle point. Any monument shall have a cap of inert material
affixed to the top,shall bear a cut marking of the Iowa registration number of the land surveyor,and shall
be driven to or below ground level to a depth of not more than six inches. Monumentation shall occur
prior to the submittal of the Final Plat as required in Section 23.302(8).
I1
� 9 � 0 74 62 (11)
(6) Subdivision Name: The proposed name of any subdivision shall not duplicate or too closely
approximate phonetically the name of any other subdivision in the county. The City Council shall have
the final authority after consultation with the Planning Commission to designate the official name of any
subdivision,which it shall determine at the time of preliminary plat approval for any major subdivision
and of final plat approval for any minor subdivision.
(7) Subdivision Improvement Plan Submittal Requirements:
(a) Plans for public improvements shall be submitted to the Department of Public
Works for review and approval at least 21 days prior start of construction. Upon approval,and at least
7 days prior to construction,the developer shall deliver the following documents to the Department of
Public Works:
(i) six sets of paper plans on paper no larger than 24"X 36",
(ii) one set of plans drawn on a reproducible plastic copy no larger than 24"X
36";and
(iii) a computer diskette containing a Computer Aided Design Drawing of the
Public Improvements plans provided in a format meeting the hardware and software specifications of the
City of Ames,Iowa.
(b) Construction shall not proceed until the above documents have been delivered and
a pre-construction conference has occurred with representation from the Department of Public Works,
the developers Engineering Consultant,and the Contractor.
Sec.23.402.RESIDENTIAL SUBDIVISION LANDSCAPING STANDARDS.
General As a requirement of subdivision approval for all subdivisions zoned residentially,trees
shall be planted within the right-of-way of all streets proposed within the subdivision. Trees shall be
planted in accordance to the requirements of this Section.
(1) Tree Species: Trees planted in the public-right-way shall be of a species as approved by
the Department of Public Works from the list of approved tree species for the City.
(2) Spacing:Trees shall be planted no closer than the distance of the full spread of the tree to
the next adjacent tree according to the species selected. Generally trees shall be planted at 30 to 50 feet
spacing on center. This spacing may be adjusted as a result of drive openings, underground utility
services,street light placement,and other potential obstructions.
(3) Area Requirement Per Tree:A minimum of nine square feet of area shall be maintained for
each tree and no impervious material shall be installed closer than 30 inches to the trunk of the tree.
(4) Placement: Trees shall not be located closer than 2-1/2 feet to the back of curb or the
sidewalk line. Where the distance between the back of curb and the sidewalk line is 8 feet,tree shall be
centered in the space. Where the distance between the back of curb and the sidewalk line is greater than
8 feet,trees shall be planted within 4 feet of the sidewalk line.
(5) Location at Intersections: Trees shall not be planted closer than 30 feet from the corner at
intersections and shall not be closer than 20 feet to the intersection of the front and side lot line on a
corner lot.
(6) Location From Driveways: Trees shall not be located closer to driveways than specified
herein:
(a) Residential driveways- 10 feet
(b) Commercial driveways-determined on a case by case basis
(7) Location From Street Lights:Trees shall not be located closer to a street light pole than the
distance of the spread of the tree at maturity. The distance shall be measured from center of the tree to
the center of the pole.
Sec.23.403. STREETS.
(1) General: The arrangement,character,extent,width,grade and location of all streets shall
conform with the City's arterial street map,these Regulations,and any further plans adopted by the City
Council.
12
9 � - 074 62 ���
(2) Installation:
(a) Any subdivision for which a public street is necessary requires the installation of
such street including curbs and gutters adequate to serve all lots or parcels of land within the area to be
subdivided. Streets shall be installed with due regard to the present and foreseeable needs of the area to
be subdivided and to the location and capacity of existing streets. Streets shall be installed at the
subdivider's expense and be constructed according to requirements of the City under the supervision of
the Department of Public Works.
(b) Any such street shall become the property of the City,upon the City's inspection,
approval,and acceptance of such street,after the subdivider pays to the City any costs associated with its
installation including any reasonable charge for any supervisory or other services provided by the City.
(3) Wider Streets: A street may be required to be installed that is wider than necessary to meet
the needs of the area to be subdivided but is of a size necessary to complete the city arterial street system.
The City may pay any portion of the cost in materials or labor that exceeds the cost that is attributable to
the installation of a street of sufficient width to meet the needs of the area to be subdivided in accordance
with the established Capital Investment Strategy of the City.
(4) Relation to Existing Streets and Natural Features: Any collector or arterial street shall
continue the alignment and width of any such street on any abutting area when such continuation is
necessary for convenient movement of traffic, effective fire protection, and for efficient provision of
utilities. Any other street shall conform as much as possible to the topography to discourage use by
through traffic,to permit efficient drainage and utility systems,and to require the minimum number of
streets necessary to provide convenient and safe access to property.
(5) Street hitersections: Any street shall be designed so as to intersect as nearly as possible at
right angles with any existing or proposed street except where topography or other conditions justify
variation.Any street jog shall have a centerline off-set of no less than 280 feet except where topography
or other conditions justify variation.
(6) Street Grades: Any street shall be graded and improved to conform to applicable standards
and specifications and shall be approved as to design and specifications by the City Engineer and shall
be arranged so as to provide the maximum number of lots at or above the grade of any street. A
combination of steep grades and curves shall be avoided.
(7) Dead End Streets: Dead-end streets shall not be permitted to be longer than 150 feet.
However, when the street is planned to continue and ultimately provide access to future adjacent
subdivisions,then a temporary turnaround shall be provided in the public right-of-way.
(8) Street Names: Any street that aligns and connects with any existing street shall bear the
name of such existing street. Any proposed name of any new streets shall not duplicate or sound similar
to any existing street name,and be conforming to the street naming policy of the City.
(9) Frontage and Access:
(a) Any subdivision shall have frontage on and access from an existing street meeting
applicable right-of-way standards. To the extent possible,access from a public-way to subdivisions from
an arterial street shall be separated by a minimum of 660 feet.
(b) Lots created by subdivision shall not have direct access to any arterial street,except
in the case where an existing platted lot had direct access to an arterial street prior to the adoption of these
regulations and the owner of such lot now seeks to resubdivide. A frontage road separated from an
arterial street by a planting or grass strip and having access to the arterial street at suitable points may be
used as a means to provide access to lots created by subdivision.
(c) Any subdivision shall have no less than two means of access whenever the length
of any street in the subdivision exceeds 1,320 feet or the average daily traffic is expected to exceed 750
vehicles.
13
99 - 074 62 �I3
(10) Rights-of-Way Widths: The minimum right-of-way widths, with and without vehicular
parking,are as follows:
Type of Street Minimum Width(ft) Minimum Width(ft)
Without Parking With Parallel Parkin
Principal Arterial 120 N/A
Minor Arterial 100 N/A
Commercial/Industrial 66 66/74
Residential Collector 66 66/74
Local Residential 55 55/63
Residential Cul-de-Sac 55 55/63
Commercial/Industrial Alley 20 N/A
Residential Alley 16 N/A
(11) Street Widths: The minimum lane width,minimum number of tratf is lanes,and minimum
street widths,with and without vehicular parking,are as follows:
Type of Street Minimum Minimum Street Minimum Street Width
Number of Width Without With Parallel Parking
Lanes Parkin
Principal Arterial 5 61 B.B. N/A
Minor Arterial 2 or 4 25 or 49 B.B. N/A
Commercial/Industrial 2 26 B.B. 34 or 42 B.B.
Residential Collector 2 25 B.B. 33 or 41 B.B.
Local Residential 2 N/A 26 or 37 BB.
Residential Cul-de- 2 N/A 26/37
Sac
These street widths may be modified by the City Council based upon the type of development or
use anticipated for the area to be subdivided.
(12) Vehicular Parking: The minimum allowance for vehicular parking on each side of a street
is as follows:
I)arking Type Width(ft) Curb Length(ft)
Parallel Parking 8 23
45° Park-in /Commercial 19.9 12.7
90' Parking/Commercial 19 9
The addition of parking as part of the street cross section shall require a corresponding increase
in the required street width and right-of-way width.
(13) Street Lights: Street lights shall be installed by the City at the subdivider's expense and
according to design and specification standards approved by the City Council and after approval of the
municipal utility.
(14) Sidewalks and Walkways:
(a) Sidewalks and walkways shall be designed to provide convenient access to all
properties and shall connect to the City-wide sidewalk system. A minimum of a four-foot wide concrete
sidewalk shall be installed in the public right-of-way along each side of any street. Such a sidewalk shall
connect with any sidewalk within the area to be subdivided and with any existing or proposed sidewalk
in any adjacent area. Any required sidewalk shall be constructed of concrete and be at least four feet
wide.
14
99 - 07462 �4-
T
(b) A pedestrian walkway made of concrete may be required where deemed essential
to provide access to schools,parks and playgrounds,commercial areas,transportation or community
facilities. Any such walkway shall be not less than eight feet wide.
(15) Bikeways: A bicycle path shall be constructed in an area to be subdivided in order to
conform with the Bicycle Route Master Plan adopted by the City Council. The dimensions and
construction specifications of any such bicycle path shall be determined by the number and type of users
and the location and purpose of the bicycle path.
Sec.23.404. WATER SUPPLY.
(1) Existing Water Supply: Any subdivision to which a public water main is accessible
requires installation of adequate water facilities including fire hydrants,at the subdivider's expense and
subject to City specifications. Prior to the connection with the existing water system of the City,it may
be necessary for the developer to pay a connection fee in accordance with requirements of the City.
(2) New Water Supply: Any subdivision to which a public water main is not accessible
requires the installation at the subdivider's expense and subject to requirements of the City plans and
specifications and under the supervision of the Department of Public Works. The water main system to
be installed shall include any water mains and other water facilities adequate to serve all lots or areas of
land within the area to be subdivided.Due regard shall be given to the present and reasonably foreseeable
needs of the area to be subdivided and to the location and capacity of existing water mains and other water
facilities. Any such water mains or other water facilities shall become the property of the City,upon the
City's inspection,approval,and acceptance of such mains and facilities,after the subdivider pays to the
City any costs associated with their installation including any reasonable charge for any supervisory or
other services provided by the City.
(3) Oversize Water Supply: A water main may be required to be installed that is larger than
necessary to meet the needs of the area to be subdivided but is of a size necessary to complete the City
water distribution system as it relates to both the area to be subdivided and other areas which may
reasonably be anticipated to be subdivided or otherwise developed or used. The City may pay any portion
of the cost in materials or labor that exceeds the cost that is attributable to the installation of a water main
of sufficient size to meet the needs of the area to be subdivided according to the Capital Investment
Strategy of the City.
Sec.23.405. SANITARY SEWERS.
(1) General: Any lot or area of land created by subdivision shall be served by sanitary sewer
facilities in a manner prescribed by City plans and specifications and any applicable rules,regulations and
standards of the Iowa Department of Natural Resources and no such lot or area of land shall be served
by any individual sanitary sewer disposal system. To the greatest extent possible, the design of the
subdivision shall be developed with a gravity sanitary sewer system. The use of sanitary sewer lift
stations shall be limited to those instances where no other alternatives exist.
(2) Existing Sanitary Sewer: Any subdivision to which a sanitary sewer is accessible requires
installation of adequate sewage facilities including sewer mains,manholes and any other necessary or
desirable appurtenances to provide for discharge of sanitary sewage. The sewer system from all lots or
parcels within the area to be subdivided shall be connected with the existing sanitary sewer system at the
subdivider's expense and subject to City specifications.
(3) New Sanitary Sewer: Any subdivision to which a sanitary sewer is not accessible requires
the installation at the subdivider's expense and subject to requirements of the City and at the sewer grades
established by the City and under the supervision of the Department of Public Works. The sanitary sewer
system to be installed shall include any sanitary sewers and other sewage facilities adequate to serve all
lots or areas of land within the area to be subdivided. Due regard shall be given to the present and
reasonably foreseeable needs of the area to be subdivided and to the location and capacity of existing
sanitary sewers and other sewage facilities. Any such sanitary sewers or other sewage facilities shall
become the property of the City,upon the City's inspection,approval,and acceptance of such sewers and
facilities,after the subdivider pays to the City any costs associated with their installation including any
reasonable charge for any supervisory or other services provided by the City.
15
89- 0 74 62 �l5
(4) Oversize Sanitary Sewer:
(a) A sanitary sewer may be required to be installed that is larger than the minimum
standard size. When a larger sanitary sewer main is required because of grade,land use or circumstances
created by the development, these larger sanitary sewer mains shall be installed at the developer's
expense.
(b) When a larger sanitary sewer main is required by the City,the cost of the installation
of the main will be the responsibility of the City unless lots within the subdivision have direct service
connection to this larger main. In that instance the cost of the larger main shall be shared by the City and
the developer. The City may pay any portion of the cost in materials that exceeds the cost that is
attributable to the installation of a sanitary sewer of sufficient size to meet the needs of the area to be
subdivided according to the Capital Investment Strategy of the City.
Sec.23.406. ELECTRIC DISTRIBUTION AND STREET LIGHTING IMPROVEMENTS.
(1) There shall be constructed an underground electric distribution system to adequately serve
all lots with the platted area,with due regard to the present and reasonably foreseeable needs of the entire
area shown in the preliminary plat. When the area being developed is in the service territory of the Ames
Municipal Electric Utility,the Utility shall install the electric distribution system underground,but the
Developer shall pay to the City the costs of an underground electric system that are in excess of what
would have been the cost of an overhead electric distribution system.
(2) The existing overhead electric feeder system adjacent to a new subdivision shall remain
overhead but may be placed underground if requested by the developer of a new subdivision. All costs
associated with such conversion will be at the Developers sole expense.
(3) Street lights shall be installed by the City at the subdivider's expense and according to the
design and specification standards approved by the City Council and after review and approval by the
Ames Municipal Utility. The electric distribution system for the street light system shall also be installed
underground
Sec.23.407. STORM WATER MANAGEMENT.
(1) General:
(a) Any subdivision shall make adequate provision to control the rate of storm or flood
water runoff including by storm water management measures necessary and appropriate for carrying away
by pipe or surface channelization any spring or surface water that may exist at the time of subdivision or
be reasonably expected to be created by development or use of the area to be subdivided.
(b) Any required storm sewers including foundation drain collector lines shall be
separate from any required sanitary sewers and shall be installed at the subdivider's,expense and subject
to requirements of the City and shall be adequate to serve all lots or parcels of land within the area to be
subdivided.
(c) The storm sewer system shall be designed with due regard to the present and
reasonably foreseeable needs of the area to be subdivided and to the location and capacity of existing
storm sewers and other storm water management measures available to serve existing and reasonably
anticipated development or use of areas abutting the area to be subdivided.
(d) Any such storm sewers may become the property of the City, upon the City's
inspection, approval, and acceptance of such sewers, after the subdivider pays to the City any costs
associated with their installation including any reasonable charge for any supervisory or other services
provided by the City.
(2) Storm Water Management Design Standards: Storm water management design shall
include grading,facilities or improvements or some combination thereof,which results in no increase
in the rate of runoff when compared to the undeveloped condition of the area to be subdivided. The
rainfall frequencies that shall be incorporated in the design of the storm water management system shall
include the five year, ten year, 50 year, and 100 year design storm events. In the case of major
subdivisions,the calculations and design of the storm water management system shall be prepared by an
engineer licensed to practice in Iowa.
16
99 _ 07462 r�
(3) Accommodating Upstream Drainage Areas: Any necessary and appropriate storm water
management measure shall be designed to accommodate runoff from any upstream area potentially
draining into or through the area to be subdivided,whether such area is inside or outside the area to be
subdivided. Such design shall assume that the upstream area will be regulated such that storm water
discharge shall be equal to the runoff from the undeveloped condition for the various regulated design
storm events as provided for in Section 23.407(2).
(4) Protecting Downstream Drainage Areas: Any subdivision shall provide for mitigation of
any overload condition reasonably anticipated on any existing downstream storm water management
measure outside the area to be subdivided, provided that the development or use of the area to be
subdivided creates or contributes to such condition.
(5) Preserving Floodplain Areas: Any portion of any area to be subdivided that lies within the
floodway of any water body or watercourse shall be preserved from any dumping of earth,waste,or other
material and the subdivider shall grant an easement to the City over any portion of any area included
within the floodway.
(6) Dedicating Drainage Easements: Any necessary and appropriate public storm water
management measure shall be located in the right-of-way associated with a public way to the extent
practical. Any such measures that cannot be so located shall be located in a perpetual unobstructed
easement with satisfactory access to a public way and from a public way to a natural watercourse or to
other storm water management measure. Any such easement shall be secured by the subdivider and
dedicated to the City.
Sec.23.408. SOIL EROSION AND SEDIMENTATION CONTROL.
A subdivider shall grade any portion of the area to be subdivided only in conformity with an
approved grading plan,including an approved erosion and sedimentation plan for the entire area. The
subdivider shall provide assurances satisfactory to the Department of Public Works that the grading
improvements have been completed in accordance with the approved grading plans. No building or
structure shall be constructed that is not in general conformance with the approved grading plans or with
an amended plan that has been approved by the City. The subdivider shall provide to the City a copy of
the NPDES Discharge Permit Authorization from the Iowa Department of Natural Resources for
coverage of the subdivision. A copy of the notification to the IDNR shall also be submitted as
development continues into the next addition of the subdivision.
Sec.23.409. IMPROVEMENT GUARANTEES.
(1) The subdivider shall file a bond with the City Clerk in an amount not less than the certified
estimate of the Director of Public Works for the cost of constructing or completing any improvement
required under this section that has not been installed and accepted by the City prior to final plat approval.
Such bond shall be retained by the City Clerk until any such improvement is completed and accepted by
the City,as a guarantee that the work will be completed in an acceptable manner within the time specified
in any agreement between the subdivider and the City. The time frame for installing improvements
required for the approval of the subdivision shall not exceed 2 years from the date of approval of the Final
Plat. Additionally,the term of the bond shall be for a period of time equal to or longer than the time
specified in the Improvement Agreement.
(2) The subdivider shall apply in writing to the City Council for any extension of time for
completing any improvements and the City Council shall provide notice and an opportunity for comment
from any purchaser of any lot in the area subdivided before acting on the subdivider's application. The
City Council shall grant such extensions in increments of not more than two years but in any event only
if there shall be no unreasonably adverse effect on persons who purchased lots in the area subdivided in
reliance on timely completion of any improvement.
(3) The subdivider shall file a new bond upon the granting of an extension of time in an amount
based on any revised estimate of the cost of completing any improvement.
17 g- 0 74 6 2
DIVISION V
SUBMISSION REQUIREMENTS
Sec. 23.501. SKETCH PLAN CONTENTS.
A Sketch Plan shall contain the following information at a minimum:
(1) the name of the proposed subdivision;
(2) the name,address and other pertinent information about the property owner,the Applicant,
or other preparer of the Sketch Plan;
(3) a north arrow and the preparation or submission date;
(4) the general location, areas and dimensions of any lots to be platted by the proposed
subdivision;
(5) the general location,width and dimensions of any highways,streets,alleys,and other ways
existing or proposed to be reserved or dedicated for public use on or abutting the area of land proposed
to be subdivided,
(6) the general location of any existing or proposed public infrastructure including water mains,
sanitary sewer mains,storm sewer mains,and facilities and other infrastructure;and
(7) the location,width and character of all existing or proposed utility easements on or abutting
the area of land proposed to be subdivided.
Sec.23.502. PRELIMINARY PLAT(MAJOR SUBDIVISION).
(1) General. A Preliminary Plat shall be prepared by a registered land surveyor at a scale of
one inch equals 50 feet,unless an alternate scale is approved by the Director of Planning and Housing
and the sheets shall be numbered in sequence if more than one sheet is used and shall be of such size as
is acceptable for filing in the office of the City Clerk,but shall be no greater than 24 inches by 36 inches
and no less than 8'/z inches by 11 inches. The Preliminary Plat shall be prepared on a computer diskette
containing a Computer Aided Design Drawing of the Preliminary Plat which shall be provided in a format
meeting the hardware and software specifications of the City.
(2) Features. In addition to all information provided with the Sketch Plan,the Preliminary Plat
shall show the following information:
(a) a statement by a registered land surveyor that the Preliminary Plat was prepared by
or under his or her supervision, the surveyor's signature, Iowa registration number or seal, and
certification of accuracy. As an alternative,a Preliminary Plat may be prepared where a registered land
surveyor certifies that the perimeter boundary of the subdivision was prepared under his or her
supervision,and all other intermediate lot lines may be prepared by an engineer licensed in the State of
Iowa,
(b) the number of each sheet,the total number of sheets included in the plat,and match
lines indicating where each sheet adjoins any other sheet,and an index sheet showing the relationship
between the sheets;
(c) survey data describing the lengths and bearings and curve data of any existing or
proposed lot(except internal lot lines)block,public or private way,railroad or utility right-of-way,deed
restriction,covenant,easement,dedication or other area within the tract or area of land proposed to be
subdivided,and the outer boundaries of the tract or area of land proposed to be subdivided;
(d) the general location,use and dimensions of any existing structures on any portion
of the tract or area of land proposed to be subdivided, including required setback distances from lot
boundaries for any structures on any portion of the tract or area of land proposed to be subdivided,
(e) the general location and areas of any existing water courses,wetlands,floodplains,
trees,woodland resources,prairie resources or other environmentally sensitive areas on or within 200
feet of any portion of the tract or area of land proposed to be subdivided;
(0 topographical features including contours at vertical intervals of not more than two
feet,unless an alternate contour interval is approved by the Director of the Department of Planning and
Housing;
(g) any existing or proposed sidewalks,bikeways,highway,street,alley or other public
way including centerline street stationing and geometries;
18
99 - 074 62CIg
(h) the location and dimensions of any existing or proposed public infrastructure
including any water main,sanitary sewer main or storm sewer main and any associated facility,including
appropriate easements;
(i) the location and dimensions of any existing or proposed utilities including electric,
gas,telephone or cable,including appropriate easements-,
0) a grading plan and a plan for soil erosion and sediment control,
(k) a plan for storm water management and run-off control;
(1) the name of any proposed street in conformance with the street naming plan of the
City-,
(m) the location of property with respect to surrounding property and streets,the names
of all adjoining property owners of record,or the names of adjoining developments-,
(n) the names of adjoining streets;
(o) the location and width of all existing and proposed streets and easements,alleys,and
other public ways,and easement and proposed street rights-of-way and building set-back lines including
proposed parking prohibitions,
(p) the location and dimensions of all property proposed to be set aside for park or
playground use,or other public or private reservation,with designation of the purpose of those set asides,
and conditions,if any,of the dedication or reservation;
(q) sufficient data to enable an accurate review by City staff to determine readily the
location, bearing, and length of all lines, and to reproduce such lines upon the ground as required in
Section 23.502(2)(c)-,
(r) indication of existing and proposed zoning,
(s) progressive block numbers or letters may be assigned to groups of lots separated
from other lots by streets or other physical features of the land. Each lot within each block of the plat
shall be assigned a progressive number. Streets,alleys,parks,open areas,school property,other areas
of public use, or areas within any block of the plat that are set aside for future development shall be
assigned a progressive letter and shall have the proposed use clearly designated. No strip of land shall
be reserved by the subdivider unless it is of sufficient size and shape to be of practical use or service as
determined by the City Council-,and
(t) lot dimensions and lot areas.
(3) The lack of information under any item specified herein,or improper information supplied
by the Applicant,shall be cause for disapproval of a Preliminary Plat.
See.23.503. FINAL PLAT(MAJOR SUBDIVISION.
(1) General: A Final Plat for a Major Subdivision shall be drawn at a scale of one inch equals
50 feet unless an alternate scale has been approved by the Director of the Department of Planning and
Housing.A Final Plat shall be drawn on sheets measuring no greater than 24 inches by 36 inches and no
less than 8-1/2 inches by 11 inches. The Final Plat shall also be prepared on a computer diskette
containing a Computer Aided Design Drawing of the Final Plat which shall be provided in a format
meeting the hardware and software specifications of the City.
(2) Features. A Final Plat shall show,at a minimum,the following information:
(a) the name of the proposed subdivision on each sheet and a notation identifying any
resubdivision as such wherever the name of the proposed subdivision appears; .
(b) the name, address and other pertinent information about the owner and the
developer;
(c) a statement by a registered land surveyor that the plat was prepared by or under his
or her supervision, the surveyor's signature, Iowa registration number or seal, and certification of the
accuracy of the plat;
(d) the number of each sheet,the total number of sheets included in the plat,and match
lines indicating where each sheet adjoins any other sheet,and an index sheet showing the relationship
between the sheets;
(e) a scale,a north arrow and the preparation or submission date on each sheet;
(f) all monuments existing or to be of record,as required by Chapter 355 of the Code
of Iowa,as amended or superseded,
19 gg - 074 62 �q
(g) survey data describing the bounds of any existing or proposed lot,block,public or
private way,railroad or utility right-of-way,deed restriction,covenant,easement,reservation,dedication
or other area within the tract or area of land proposed to be subdivided,the outer boundaries of the tract
or area of land proposed to be subdivided,and reference to at least two section corners within the United
States Public Land Survey System in which the plat lies or to at least two established monuments within
any existing recorded plat when the proposed subdivision is a resubdivision in whole or in part,
(h) if a subdivision plat, described as part of the United States Public Land Survey
System and not entirely a resubdivision of an existing recorded plat,lies within more than one forty-acre
aliquot part of a section,the acreage shall be shown only for assessment and taxation purposes for the
portion of the subdivision that lies within each forty-acre aliquot part of the section,
(i) all distance,bearing,curve,and other survey data,as required by Chapter 355 of the
Code of Iowa,as amended or superseded;
0) the identity of any lot to be platted by the proposed subdivision by address,block
and lot numbers, and of all adjoining or interior excepted tracts or areas of land by clear and relevant
identifying information including the notation"not a part of this plat,"and of any public ways within or
abutting the proposed subdivision by name, and of any recorded subdivision abutting the proposed
subdivision by name;
(k) the location,areas and dimensions of any existing floodplains;
(1) the following notation:
SOIL BORINGS ARE REQUIRED IN AREAS WITHIN THIS PLAT WHICH
HAVE BEEN IDENTIFIED BY THE CITY OF AMES AS HAVING SOILS
THAT MAKE CONSTRUCTION OF BUILDINGS DIFFICULT;
(m) the area of any lot to be platted by the proposed subdivision,to be shown on the plat
either on each such lot or in a lot area table;
(n) the names of any existing or proposed public ways;
(o) street stationing data for each street;
(p) any other information previously provided on the Sketch Plan or Preliminary Plat
and requested by the Department of Planning and Housing;and
(q) two monuments on the boundary of the proposed subdivision shall be noted as being
in accordance with the City's requirements relative to the established State Plain Coordinate System as
defined in Chapter 355 of the Code of Iowa.
(3) Major Subdivision Final Plat Attachments. The following shall be attached to and
accompany any Final Plat for a Major Subdivision:
(a) a legal description of the area of and proposed to be subdivided and of any lot to be
platted by the proposed subdivision;
(b) a certificate signed and acknowledged by the owner and spouse,if any,before an
officer authorized to take the acknowledgment of deeds that the subdivision plat is prepared with their
free consent and is in accordance with their desire. Such certificate may also include a dedication to the
public of all lands within the plat that are designated for streets,alleys,easements,parks,open areas,
school property or other public use provided that such dedication is approved by the City Council;
(c) a certificate signed and acknowledged by any mortgage holders or lien holders before
an officer authorized to take the acknowledgment of deeds that the subdivision plat is prepared with their
free consent and is in accordance with their desire. An affidavit and bond as provided in Section 354.12
of the Iowa Code may be recorded in lieu of the consent of the mortgage holders or lien holders,if any.
When a mortgage holder or lien holder consents to such subdivision,a release of mortgage or lien shall
be recorded for any areas conveyed to the City Council or dedicated to the public;
(d) an opinion by an attorney who has examined the abstract of title of the land being
subdivided and platted that the fee title to the tract or parcel proposed to be subdivided is in the owner.
It shall further state the names of any mortgage holders,lien holders or other encumbrancers of record,
shall describe such encumbrances and shall identify any bonds securing such encumbrances (utility
easements shall not be construed to be encumbrances for purposes of this section);
(e) a certificate from the County Treasurer that the area of land proposed to be
subdivided is free from certified taxes and from certified special assessments,or that said area of land is
free from certified taxes and that any certified special assessments are secured by a bond in compliance
with section 354.12 of the Iowa Code;
20 99 _ p74 62 �0
(f) a certificate from the Municipal Engineer that"as built"plans show that all required
improvements have been satisfactorily completed in accordance with approved construction plans,or a
certificate from the City Clerk that a performance bond guaranteeing completion of all required
improvements has been approved by the City Attorney and filed with the City Clerk;and
(g) a resolution from the City Council accompanied by an as-built certification from the
Municipal Engineer accepting and approving any required improvements that have been made or installed
along with any required maintenance bond for such improvements;and
(h) a resolution for approval by the City Council describing the area of land proposed
to be subdivided and stating that the plat depicting the proposed subdivision has been submitted to and
reviewed by the Planning and Zoning Commission and/or the City Council,that the owner has complied
with all relevant provisions of the code of the City of Ames and the laws of the State of Iowa,that the City
has accepted any areas dedicated for public use,that the plat is hereby approved,and that the Mayor and
the City Clerk are hereby directed to certify the resolution.
Sec.23.504. FINAL PLAT(MINOR SUBDIVISION.
(1) General. A Final Plat for a Minor Subdivision shall be drawn at a scale of one inch equals
50 feet unless an alternate scale has been approved by the Director of the Department of Planning and
Housing. A Final Plat shall be drawn on sheets measuring no greater than 24 niches by 36 inches and
no less than 8-1/2 inches by I 1 inches. The Final Plat shall also be provided on a computer diskette
containing a Computer Aided Design Drawing of the Final Plat,which shall be provided in a format
meeting the hardware and software specifications of the City.
(2) Features. A Final Plat shall show,at a minimum,the following information:
(a) the name of the proposed subdivision on each sheet and a notation identifying any
resubdivision as such wherever the name of the proposed subdivision appears;
(b) the name, address and other pertinent information about the owner and the
developer;
(c) a statement by a registered land surveyor that the plat was prepared by or under his
or her supervision,the surveyor's signature, Iowa registration number or seal, and certification of the
accuracy of the plat,
(d) the number of each sheet,the total number of sheets included in the plat,and match
lines indicating where each sheet adjoins any other sheet,and an index sheet showing the relationship
between the sheets;
(e) a scale,a north arrow and the preparation or submission date on each sheet;
(f) all monuments existing or to be of record,as required by Chapter 355 of the Code
of Iowa,as amended or superseded;
(g) survey data describing the bounds of any existing or proposed lot,block,public or
private way,railroad or utility right-of-way,deed restriction,covenant,easement,reservation,dedication
or other area within the tract or parcel proposed to be subdivided,the outer boundaries of the tract or
parcel proposed to be subdivided,and ties to at least two section corners within the United States Public
Land Survey System and to two established monuments within any existing recorded plat when the
proposed subdivision is a resubdivision in whole or in part;
(h) all distance,bearing,curve,and other survey data,as required by Chapter 355 of the
Code of Iowa,as amended or superseded,
(i) the identity of any lot to be platted by the proposed subdivision by block and lot
numbers, and of all adjoining or interior excepted areas of land by clear and relevant identifying
information with a clear label "not a part of this plat," and of any public ways within or abutting the
proposed subdivision by name,and of any recorded subdivision abutting the proposed subdivision by
name;
(j) any other information previously provided on the Sketch Plan and requested by the
Department of Planning and Housing;
(k) location of floodplain as applicable,
(1) the following notation:
SOIL BORINGS ARE REQUIRED IN AREAS WITHIN THIS PLAT W141CH
HAVE BEEN IDENTIFIED BY THE CITY OF AMES AS HAVING SOILS
THAT MAKE CONSTRUCTION OF BUILDINGS DIFFICULT.
21 99 - 074 62 C��
i
(m) if a subdivision plat, described as part of the United States Public Land Survey
System and not entirely a resubdivision of an existing recorded plat,lies within more than one forty-acre
aliquot part of a section,the acreage shall be shown only for assessment and taxation purposes for the
portion of the subdivision that lies within each forty-acre aliquot part of the section;
(n) the area of any lot to be platted by the proposed subdivision,to be shown on the plat
on each lot or in a lot area table;
(o) the names of existing streets;and
(p) two monuments on the boundary of the proposed subdivision shall be noted as being
in accordance with the City's requirements relative to the established State Plain Coordinate System as
defined in Chapter 355 Code of Iowa.
(3) Minor Subdivision Final Plat Attachments. The following shall be attached to and
accompany any Final Plat for a Minor Subdivision:
(a) a legal description of the area of land proposed to be subdivided and of any lot to be
platted by the proposed subdivision;
(b) a certificate signed and acknowledged by the owner and spouse,if any,before an
officer authorized to take the acknowledgment of deeds that the subdivision plat is prepared with their
free consent and is in accordance with their desire. Such certificate may also include a dedication to the
public of all lands within the plat that are designated for,parks,open areas, school property or other
public use provided that such dedication is approved by the City Council,
(c) a certificate signed and acknowledged by any mortgage holders or lien holders before
an officer authorized to take the acknowledgment of deeds that the subdivision plat is prepared with their
free consent and is in accordance with their desire. An affidavit and bond as provided in section 354.12
of the Iowa Code may be recorded in lieu of the consent of the mortgage holders or lien holders,if any.
When a mortgage holder or lien holder consents to such subdivision,a release of mortgage or lien shall
be recorded for any areas conveyed to the City Council or dedicated to the public;
(d) an opinion by an attorney who has examined the abstract of title of the land being
subdivided and platted that the fee title to the tract or parcel proposed to be subdivided is in the owner.
It shall further state the names of any mortgage holders,lien holders or other encumbrancers of record,
shall describe such encumbrances and shall identify any bonds securing such encumbrances (utility
easements shall not be construed to be encumbrances for purposes of this section);
(e) a certificate from the County Treasurer that the tract or parcel proposed to be
subdivided is free from certified taxes and from certified special assessments,or that said tract or parcel
is free from certified taxes and that any certified special assessments are secured by a bond in compliance
with section 354.12 of the Iowa Code;
(f) a resolution for approval by the City Council describing the tract or parcel proposed
to be subdivided and stating that the plat depicting the proposed subdivision has been submitted to and
reviewed by the City Council,that the owner has complied with all relevant provisions of the code of the
City of Ames and the laws of the State of Iowa,as amended or superseded,that the City has accepted any
areas dedicated for public use,that the plat is hereby approved,and that the Mayor and the City Clerk are
hereby directed to certify the resolution."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction
punishable as herein provided.
Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent
of such conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication
as required by law.
Passed this 25th day of May
Diane R. Voss, City,Clerk Ted Tedesco, Mayor
0532
Rev.5-21-99
22 99 -