Loading...
HomeMy WebLinkAbout~Master - Subdivision regulations pertaining to requirements for Plats of Survey 4 � ORDINANCE NO. 3999 AN ORDINANCE OF THE CITY OF AMES, IOWA, RELATING TO SUBDIVISION REGULATIONS;AMENDING AMES MUNICIPAL CODE SECTION 23.102(3)TO STATE THE CITY'S INTENT TO REGULATE BOUNDARY LINE ADJUSTMENTS; AMENDING AMES MUNICIPAL CODE SECTION 23.103(2) TO REFERENCE PLAT OF SURVEY REQUIREMENTS; AMENDING SECTION 23.201 TO INCLUDE DEFINITIONS OF "BOUNDARY LINE ADJUSTMENT","PLAT OF SURVEY,PROPOSED"AND"PLAT OF SURVEY,OFFICIAL",TO REDEFINE THE DEFINITION OF "MAJOR SUBDIVISION", AND TO ADOPT A NEW DEFINITION OF "RETRACEMENT SURVEY"; AMENDING SECTION 23.301(5) TO INCLUDE BOUNDARY LINE ADJUSTMENT AS A CLASSIFICATION OF SUBDIVISION;ADOPTING A NEW SECTION 23.307 DESCRIBING PROCEDURES FOR REVIEWING PLATS OF SURVEY FOR DIVISIONS OF LAND; ADOPTING A NEW SECTION 23.308 DESCRIBING PROCEDURES FOR BOUNDARY LINE ADJUSTMENTS; ADOPTING A NEW SECTION 23.309 DEFINING REVIEW PROCEDURES FOR RETRACEMENT SURVEYS; AND ADOPTING A NEW SECTION 23.310 DEFINING PROCEDURES FOR CORRECTING PLAT ERRORS BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. Section 23.102(3)of the Ames Municipal Code is hereby amended,to read as follows: "Sec.23.102. PURPOSE,APPLICATION,AND WAIVER/MODIFICATION. (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 loti (c) Any adjustment,addition,or deletion of lot or parcel lines. Section Two. Section 23.103(2)of the Ames Municipal Code is hereby amended,to read as follows: (2) The requirements of the Regulations for the platting of a Minor Subdivision may be waived by city staff when it is determined by city staff that: (a) A clear and accurate description of the area of land will be provided by means of a plat of survey to be procured by the property owner,and in compliance with Section 23.307. (b) With respect to that area of land,all substantive requirements and standards ofthe Regulations area already met. Section Three. Section 23.201 of the Ames Municipal Code is hereby amended to include definitions of "Boundary line Adjustment", "Plat of Survey,Proposed", "Plat of Survey, Official", "Retracement Survey", and to redefine the definition of"Major Subdivision",as follows: 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. (6) Bond: Any form of security including a letter ofcredit,a cash deposit,surety bond,collateral,property or instrument of credit in an amount and form satisfactory to the City Council. s a (7) Boundary line Adjustment. An adjustment of lot or parcel lines between owners of contiguous officially platted lots or parcels where no more than the same number of lots or parcels, or fewer numbers of lots or parcels,exist after the adjustment. (8) 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. (22) 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. (23) Major Subdivision:Any division that is not classified as a Minor Subdivision,Boundary line Adjustment or conveyance division. (25) Outlot:An unbuildable area of land,due to its,size,shape,topography or general location within the phasing of a subdivision. (26) Plat of Survey, Official. The graphical representation of a survey of one or more parcels of land, including a complete and accurate description of each parcel within the plat,prepared and signed by a registered land surveyor in compliance with Code of Iowa Section 355.7. (27) Plat of Survey,Proposed. A graphical representation of an existing parcel or tract of land,or of a proposed division or reconfiguration of an existing lot,parcel or tract of land,prepared in the same format as an Official Plat of Survey but without the signature of the registered land surveyor. (28) Preliminary Plat: A plat for a proposed major subdivision prepared and submitted in accordance with Section 23.13 of the Regulations. (29) 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. (30) Retracement Survey. The process of field locating and marking record title boundaries as described in Code of Iowa Section 355.4. (31) 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. Section Four. Section 23.301(5)of the Ames Municipal Code is hereby amended to read as follows: (5) Classification of Subdivisions and Boundary line Adjustments: (a) The Department of Planning and housing shall issue a written determination as to the classification of a proposed subdivision or boundary line adjustment within 20 days of the conclusion of the Pre- Application Conference process. All subdivisions or boundary line adjustments will be classified as either a Major subdivision,Minor Subdivision,Conveyance Division,or Boundary line Adjustment. (d) A proposed adjustment of lot or parcel lines between contiguous officially platted lots or parcels shall be classified as a Boundary line Adjustment if no more than the same number of lots,or fewer number of lots,exist after the adjustment. Section Five. A new Section 23.307 of the Ames Municipal Code, titled "Review Procedures for Plats of Survey"is hereby adopted to read as follows: Sec. 23.307. REVIEW PROCEDURES FOR PLATS OF SURVEY. (1) Purpose: The purpose of this Section is to provide a review process to determine if proposed plats of survey as defined in Section 23.201 conform to all subdivision standards of this Chapter,and to all development regulations of Chapter 29,prior to the preparation of the official plat of survey,and prior to the submittal of an official plat of survey to the Story or Boone County Recorder's Office and Story or Boone County Auditor's office as specified in Code of Iowa Section 354.8. (2) Applicability: This Section applies to all plats of survey within the City of Ames, and to all plats of survey describing divisions or conveyances of land lying within the unincorporated area extending not more than two(2)miles beyond the Ames City Limits. It does not apply to retracement surveys as defined by this Chapter. The only types of divisions which may be approved as plats of survey are, boundary line adjustments, replats to correct errors as provided in Section 23.310, auditor's plats as provided in Code of Iowa Section 354.15,and conveyance divisions occurring prior to August 4,2009. All other divisions must be processed as major or minor subdivision plats,as defined by this Chapter. (3) Application for Review of Plats of Survey. (a) The applicant shall file an Application for a Plat of Survey with the Department of Planning and Housing. The application shall contain the following information: (i)Housing. A completed Application Form available from the Department of Planning and of survey. The tax parcel number of the lot,tract or parcel to be divided or adjusted by the plat (iii) A legal description of the lot,tract or parcel to be divided or adjusted, (iv) Six paper copies of a scaled graphic illustration(map)of the existing lot,tract or parcel,identifying lot area,dimensions and reference to established survey monuments,abutting streets and rights ofway, any easements on or serving the site,and any existing structures on the site and within 10 feet of the site, (v) Six paper copies of a map(graphic illustration)of the proposed plat of survey(not an official or signed plat of survey),which includes the proposed name of the plat of survey, references established survey monuments,includes all dimensions of lot or parcel lines, states the area of the lot or parcel by square footage, and which shows all easements on or serving the parcels contained within the proposed plat of survey. The format of the proposed plat of survey shall be in substantially the same form and format as an official plat of survey, and shall include signature blocks for the City of Ames Planning&Housing Director,and for the surveyor who prepared the map, except that it shall be submitted unsigned by the surveyor. as the subject site. (vi) Identification of any contiguous or abutting lots or parcels under the same ownership (vii) The names and signatures of the owners of each lot or parcel that the proposed plat of survey encompasses. (viii) Any filing fee established by the City Council. (4) Staff and Agency Review of Proposed Plat of Survey. (a) Review for Completeness. The Department of Planning and Housing shall review the application to determine if it contains all information required under Section 23.307(3). (b) Distribution. Upon determination ofcompleteness,the Department ofPlanning and Housing shall file one copy of a complete application(less fees)with the City Clerk and shall also distribute copies to the Office ofthe City Assessor,the Department ofPublic Works,the applicable County Planning Department and County Auditor's Office,and such other departments,persons,and utility companies as it determines may be necessary or appropriate for their review,comments and recommendations. (c) Review Procedures—Preliminary Decision. The Planning & Housing Department shall review comments from all departments and agencies that reviewed the proposed plat of survey and render a preliminary decision on the proposed plat of survey. The preliminary decision shall be based upon compliance with all adopted codes and standards,the adequacy of existing infrastructure and services to serve the site, adequate access to the site for ingress/egress,utilities, fire and emergency vehicles, and provisions for storm water. The preliminary decision may include conditions of approval including,but not limited to: (i) The installation of improvements necessary to comply with all Design and Improvement Standards contained in Division IV of this Chapter, and with all other adopted codes and regulations applicable to the division of land. fire access. (ii) Incorporation of any easements necessary for access,utilities,storm water and/or (d) Decisions of Denial. If the Planning&Housing Department finds that the proposed plat of survey does not comply with all standards defined in Subsection 23.307(4)(c), the Director shall render a written decision of denial. The decision shall state how the proposed plat of survey does not conform to all adopted codes and standards. Decisions of denial may be appealed to the City Council pursuant to Section 23.305(2). (5) City Council Review—Final Decision. Once a preliminary decision of approval has been rendered by the Planning&Housing Director,the decision shall be forwarded to the City Council for final review and decision. If the City Council agrees with the Planning&Housing Director's preliminary decision, the Council shall render final approval of the proposed plat of survey. The City Council's decision to approve the proposed plat of survey shall be by resolution, and the resolution shall be certified pursuant to Code of Iowa Section 354.8. (6) Installation of Required Improvements. (a) All public improvements as required by this chapter shall be installed prior to creation and recordation of the official plat of survey and prior to issuance of zoning or building permits.These requirements do not apply to pre-platted conveyance parcels as described in Section 23.306(5), or to boundary line adjustments unless improvements are otherwise required under the provisions of Section 23.309(c). (b) If, in the opinion of the Public Works Director, the public improvements required under subsection A should be delayed,the lot owner may,in lieu of installing the actual public improvements,opt to secure the future installation of these improvements in accordance with Section 23.409. A determination as to whether public improvements may be delayed shall be reached during the plat of survey review process as described in this Section. (7) Preparation of Official Plat of Survey. Once a proposed plat of survey has been approved by the City Council by certified resolution, and once all conditions of approval pertaining to installation of public improvements have been met,the official plat of survey may be prepared for signature by a licensed surveyor in compliance with all conditions of approval. The prepared plat of survey shall in all respects reflect the graphic illustration of the proposed plat of survey reviewed and approved by the City Council, except that it shall reflect any and all conditions of approval pertaining to the format or content of the map. (8) Submittal for Signature. The plat of survey prepared for official signatures shall be submitted to the Planning&Housing Department for the Director's review and signature. The Planning& Housing Director shall sign the prepared plat of survey if it fully conforms to all conditions of approval. (9) Recording of Plat of Survey. Once signed by the Planning&Housing Director,the surveyor may sign the prepared survey to make it the official plat of survey and submit it,along with the certified resolution approving the plat of survey,to the County Recorder's office for recordation. The plat of survey shall not be signed or submitted to the County Recorder without fully complying with the requirements of this Section. (10) Completion of Approval Process. The official plat of survey shall not be recognized as a binding plat of survey for permitting purposes until a copy of the signed and recorded plat of survey is filed with the Ames City Clerk's office, and a digital image in Adobe PDF format has been submitted to the Planning&Housing Department. Section Six. Anew Section 23.308 of the Ames Municipal Code,titled"Review Procedures for Boundary line Adjustments" is hereby adopted to read as follows: Sec.23.308. REVIEW PROCEDURES FOR BOUNDARY LINE ADJUSTMENTS. Boundary line adjustments are subject to the following provisions: (1) The lots or parcels resulting from a boundary line adjustment must conform to the requirements of the zoning ordinances of the City and the subdivision regulations of the City in place at the time of the boundary line adjustment. (2) The boundary line adjustment may be created by plat of survey or through the minor subdivision process, as regulated by this chapter. If the adjustment is created by plat of survey,then only the newly created parcel lines shall be recognized for permitting purposes;not the original lot lines. If the minor subdivision option is used,then the original lot lines are eliminated. (3) No public improvements shall be required in association with a boundary line adjustment unless the adjustment increases the street frontage of the original lot or parcel that currently has frontage improvements,in which case existing frontage improvements,which may include curbs,gutters,sidewalks,paths,street trees and/or street lights, shall be extended across the entire frontage of the adjusted lots or parcels prior to preparation of the official plat of survey,or prior to minor plat approval. 1 • A Section Seven. A new Section 23.309 ofthe Ames Municipal Code,titled"Review Procedures for Retracement Surveys"is hereby adopted to read as follows: Sec.23.309. RETRACEMENT SURVEYS. Any plat of survey prepared for retracing the lines of an original survey or record title boundary is exempt from the procedural requirements of this Chapter, except that the retracement survey shall be submitted to the City Assessor's office at least 7 days prior to recording. The County Recorder may accept for recording any plat of survey that is clearly titled "Plat of Retracement Survey"without a certificate of resolution from the City. However, plats of retracement surveys shall not be recognized descriptions of official lots or parcels for permitting purposes. Only the original survey or plat of a lot or parcel approved by the applicable governing body shall be used for permitting purposes. If the retracement survey lines differ from the lot or parcel lines originally approved by the governing body, and if the proprietors of record wish to have the retracement lines recognized as the official lot or parcel lines for permitting purposes,they must submit application for a boundary line adjustment as defined in Section 23.308 of this Chapter. If the lot or parcel line difference is the result of an error in the original survey, the surveyor or proprietor may pursue correction of the error as provided in Section 23.310 of this Chapter. Section Eight Anew Section 23.310 of the Ames Municipal Code, titled"Plat Errors and Corrections" is hereby adopted to read as follows: Sec.23.310. PLAT ERRORS AND CORRECTIONS. If an error is identified on an original plat, the surveyor may record an affidavit of error with the county Recorder pursuant to Code of Iowa Section 354.24, except that if the error results in a difference of more than 10% of the dimension of any line on the original plat,or results in a change of more than 10%of the lot or parcel area on the original plat,the error shall be considered substantial and may only be corrected by a replat of the official plat pursuant to Code of Iowa Section 354.25. A replat may be processed as a plat of survey under the provisions of Section 23.307 of this Chapter,or as a minor subdivision. Section Nine. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this ordinance. Section Ten. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Eleven. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 28'day of July,2009. Diane R.Voss,City Clerk Ann H. Campbell,Mayor