HomeMy WebLinkAbout2997-11/20/1978 (2) subdivision
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ORDINANCE NO. 2997
AN ORDINANCE ESTABLISHING RULES AND REQUIREMENTS FOR THE
DESIGN AND DEVELOPMENT OF NEW SUBDIVISIONS AND OF RE-SUBDI-
VISIONS, PROVIDING FOR PRELIMINARY AND FINAL APPROVAL OF ALL —
SUBDIVISION PLATS, PROVIDING FOR CHANGES AND AMENDMENTS, AND
PROVIDING FOR THE ENFORCEMENT OF THESE REGULATIONS AND REPEAL-
ING ORDINANCE NO. 1956 AND ALL AMENDMENTS THERETO, AND ALL
ORDINANCES OR PARTS OR SECTION OF ORDINANCES IN CONFLICT HERE- —
WITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Ordinance No. 1956 and all amendments thereto, and all
ordinances or parts or sections of ordinances in conflict
herewith , of the City of Waterloo, Iowa, be and the same are
hereby, repealed in their entirety and the following subdivision
ordinance is enacted in lieu thereof.
k `The preparation of this report was financed in part through a Comprehensive
Planning Assistance Grant from the Department of Housing and Urban Development —
V� under Contract CPA-IA-07-00-1048 and also Community Development Block Grant
Funds.
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TABLE OF CONTENTS
Page
SECTION 1 . GENERAL PROVISIONS
1 .1 Title 1
1 .2 Policy 1
1 . 3 Purposes 1
1 .4 Authority 2
1 .5 Jurisdiction 2
1 .6 Enactment 3
1 .7 Interpretation, Conflict and Separability 3
1 .8 Saving Provision 4
1 .9 Reservations and Appeals 4
1 . 10 Amendments 4
1 . 11 Conditions 4
1 . 12 Resubdivision of Land 4
1 .13 Vacation of Plats 5
1 .14 Variances 5
1 . 15 Enforcement, Violations and Penalties 6
SECTION 2. SUBDIVISION APPLICATION PROCEDURE AND APPROVAL PROCESS
2. 1 General Procedure 7
2.2 Preliminary Plat 7
2.3 Final Subdivision Plats 9
2.4 Signing and Recording of Subdivision Plat 9
SECTION 3. ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS
3.1 Improvements and Contract and Waivers 11
3.2 Inspection of Improvements 12
3.3 Maintenance of Improvements 12
3.4 Deferral or Waiver of Required Improvements 12
3.5 Issuance of Building Permits and Certificates of
Occupancy 13
SECTION 4. REQUIREMENTS FOR IMPROVEMENTS, RESERVATIONS AND DESIGN
4. 1 General Improvements 14
4.2 Lot Improvements 15
4.3 Roads 16
4.4 Drainage and Storm Sewers 22
4.5 Water Facilities 25
4.6 Sewerage Facilities 25
4.7 Sidewalks 27
4.8 Utilities 27
4.9 Public Uses 28
4. 10 Preservation of Natural Features and Amenities 28
4.11 Non-Residential Subdivisions 29
SECTION 5. PLATS
5.1 Preliminary Plat 30
5.2 Final Plat 31
SECTION 6. DEFINITIONS
6.1 Usage 32
6.2 Words and Terms Defined 32
SECTION 1 . GENERAL PROVISIONS
1 . 1 These regulations shall hereafter be known, cited and referred to as the Subdi- —
vision and Platting Regulations of the City of Waterloo, Iowa.
1 .2 Policy —
(1 ) It is hereby declared to be the policy of the City of Waterloo to consi-
der the subdivision of land and the subsequent development of the subdi-
vided plat as subject to the control of the City pursuant to the official
master plan of the municipality for the orderly, planned, efficient, and
economical development of the municipality.
(2) Land to be subdivided shall be of such character that it can be used
safely for building purposes without danger to health or peril from fire,
flood or other menace, and land should not be subdivided until available
public facilities and improvements exist and proper provision has been
made for drainage, water, sewerage, and capital improvements such as
schools, parks , recreation facilities and transportation facilities.
(3) The existing and proposed public improvements proposed within a plat
should conform to and be properly related to the proposals shown in the
Comprehensive Plan, Official Zoning Map and the Capital Improvements
Program of the City and it is intended that these regulations should —
supplement and facilitate the enforcement of the provisions and standards
contained in building and housing codes, zoning ordinances, Comprehensive
Plan, Official Zoning Map and Land Use Plan, and Capital Improvements
Program of the municipality.
1 .3 Purposes. These regulations are adopted for the following purposes : —
(1 ) To protect and provide for the public health, safety and general welfare
of the municipality.
(2) To guide the future growth and development of the municipality, in accor- —
dance with its plans and policies.
(3) To provide adequate light, air and privacy to secure safety from fire,
flood and other danger, and to prevent overcrowding of the land and undue --
congestion of population.
(4) To protect the character and the social and economic stability of all
parts of the municipality and to encourage the orderly and beneficial —
development of all parts of the municipality.
(5) To protect and conserve the value of land throughout the municipality
and the value of buildings and improvements upon the land, and to mini- -
mize the conflicts among the uses of land and buildings .
(6) To guide public and private policy and action in order to provide ade-
quate and efficient transportation, water, sewerage, schools , parks ,
playgrounds, recreation, and other public requirements and facilities .
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(7) To provide the most beneficial relationship between the uses of land
and buildings and the circulation of traffic throughout the municipal-
._ ity, having particular regard to the avoidance of congestion in the
streets and highways, and the pedestrian traffic movements appropriate
to the various uses of land and buildings , and to provide for the pro-
per location and width of streets and building lines.
(8) To establish reasonable standards of design and procedures for subdi-
visions and resubdivisions, in order to further the orderly layout and
use of land; and to insure proper legal descriptions and monumenting
of subdivided land.
(9)- To insure that public facilities are available and will have a suffi-
cient capacity to serve the proposed subdivision.
(10) To prevent the pollution of air, streams, and ponds; to assure the
adequacy of drainage facilities; to safeguard the water table; and
to encourage the wise use and management of natural resources through-
out the municipality in order to preserve the integrity, stability,
and beauty of the community and the value of the land.
(11 ) To preserve the natural beauty and topography of the municipality and
to insure appropriate development with regard to these natural features.
(12) To provide for open spaces through the most efficient design and layout
-- of the land, including the use of average density in providing for mini-
mum width and area of lots, while preserving the density of land as
established in the Zoning Ordinance of the municipality.
1 .4 Authority
(1 ) By authority of ordinance , the City Council of the City of Waterloo,
(hereinafter referred to as "City Council ") adopted pursuant to the
powers and jurisdictions vested through Chapter 409 of the Code of Iowa
and other applicable laws, statutes, ordinances, and regulations of the
State of Iowa, the City Council does hereby exercise the power and
authority to review, approve, and disapprove plats for subdivision of
land within the corporate limits of the municipality or unincorporated
areas within two miles of the corporate limits of the City of Waterloo.
1 .5 Jurisdiction
(1 ) These subdivision regulations shall apply to all subdivisions of land,
as defined herein, located within the corporate limits of the munici-
pality, or within the two mile extra-territorial review area estab-
lished by the Code of Iowa and City Ordinance.
(2) No land shall be subdivided within the corporate limits or the two mile
extra-territorial area of the municipality until the following condi-
tions are satisfied:
(a) The subdivider or his agent shall submit a preliminary plat of
the parcel to the Waterloo City Plan and Program Commission;
(b) Obtain a recommendation of the preliminary plat by the Waterloo
City Plan and Program Commission and approval of the preliminary
plat by the City Council ;
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(c) The same process as outlined in a and b above is completed for
the Final Plat of said parcel ; and
(d) The approved Final Plat is filed with the County Recorder. —
(3) No building permit or certificate of occupancy shall be issued for any
parcel or plat of land which was created by subdivision after the effec-
tive date of, and not in conformity with, the provisions of these sub-
division regulations , and no excavation of land or construction of any
public or private improvements shall take place or be commenced except
in conformity with the regulations.
1 .6 Enactment. In order that land may be subdivided in accordance with these
purposes and policy, these subdivision regulations are hereby adopted. —
1 .7 Interpretation, Conflict and Separability .
(1 ) In their interpretation and application, the provisions of these regu-
lations shall be held to be the minimum requirements for the promotion
of public health, safety and general welfare.
(2) Conflict with Public and Private Provisions
(a) Public Provisions. The regulations are not intended to interfere
with, abrogate, or annul any other ordinance, rule or regulation,
statute, or other provision of law. Where any provision of these
regulations imposes restriction different from those imposed by
any other provision of these regulations or any other ordinance,
rule or regulation, or other provision of law, whichever provi-
sions are more restrictive or impose higher standards shall con-
trol .
(b) Private Provisions. These regulations are not intended to abro-
gate any easement, covenant or any other private agreement or
restriction, provided that where the provisions of these regula-
tions are more restrictive or impose higher standards or regula-
tions than such easement, covenant, or other private agreement or
restriction, the requirements of these regulations shall govern.
Where the provisions of the easement, covenant, or private agree-
ment or restriction impose duties and obligations more restrictive,or higher standards than the requirements of these regulations , or
the determinations of the municipality in approving a subdivision
or in enforcing these regulations, and such private provisions are not inconsistent with these regulations or determinations there-
under, then such private provisions shall be operative and supple-
mental to these regulations and determinations made thereunder.
(3) Separability. If any part or provision of these regulations or appli-
cation thereof to any person or circumstances is adjudged invalid by
any court of competent jurisdiction, such judgement shall be confined in its operation to the part, provision, or application directly invol-
ved in all controversy in which such judgement shall have been rendered
and shall not affect or impair the validity of the remainder of these ..
regulations or the application thereof to other persons or circumstances .
The City Council hereby declares that it would have enacted the remain-
der of these regulations even without any such part, provision or appli-
cation.
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1 .8 Saving Provision. These regulations shall not be construed as abating any
action now pending under, or by virtue of, prior existing subdivision regu-
- lations, or as discontinuing, abating, modifying, or altering any penalty
accruing or about to accrue, or as affecting the liability of any person,
firm, or corporation, or as waiving any right of the municipality under any
section or provision existing at the time of adoption of these regulations ,
or as vacating or annulling any rights obtained by any person, firm, or cor-
poration, by lawful action of the municipality except as shall be expressly
— provided for in these regulations.
1 .9 Reservations and Appeals. Upon the adoption of these regulations according
to law, the Subdivision Regulations (Ordinance No. 1956) of the City of
--- Waterloo, adopted December 30, 1953, as amended, are hereby repealed.
1 .10 Amendments. For the purpose of providing public health, safety, and general
welfare, the City Council may from time to time amend the provisions imposed
by these subdivision regulations . Public Hearings on all proposed amendments
shall be held by the Waterloo City Plan and Program Commission and City Coun-
cil in the manner prescribed by law.
1 .11 Conditions. Regulations of the subdivision of land and the attachment of
reasonable conditions to land subdivision is an exercise of valid police
power delegated by the State of Iowa. The developer has the duty of compli-
ance with reasonable conditions laid down by the Waterloo City Plan and Pro-
gram Commission and City Council for design, dedication, improvement, and
restrictive use of the land so as to conform to the physical and economical
development of the municipality and to the safety and general welfare of the
future plot owners in the subdivision and of the community-at-large.
- 1 .12 Resubdivision of Land
(1 ) Procedure for Resubdivision. For any change in a map of an approved
or recorded subdivision plat, if such change affects any street lay-
-` out shown on such map, or area reserved thereon for public use, or
any lot line, or if it affects any map or plan legally reached prior
to the adoption of any regulations controlling subdivisions, such
parcel shall be reviewed by the Waterloo City Plan and Program Commis-
sion and approved by the City Council by the same procedure, rules and
regulations as for a subdivision.
(2) Procedure for Subdivisions Where Future Resubdivision is Indicated.
Whenever a parcel of land is subdivided and the subdivision plat shows
one or more lots containing more than one acre of land and there are
indications that such lots will eventually be resubdivided into small
building sites, the Waterloo City Plan and Program Commission and City
Council may require that such parcel of land allow for the future open-
ing of streets and the ultimate extension of adjacent streets . Ease-
ments providing for the future opening and extension of such streets
may be made a requirement of the plat.
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1 .13 Vacation of Plats
(1 ) Any plat or any part of any plat may be vacated by the owner of the
premises, at any time before the sale of any lot therein, by a written
instrument, to which a copy of such plat shall be attached, declaring
the same to be vacated.
(2) Such an instrument shall be reviewed by the Waterloo City Plan and Pro-
gram Commission and approval by the City Council in like manner as
plats of subdivisions. The City Council may reject any such instrument
which abridges or destroys any public rights in any of its public uses ,
improvements, streets, or alleys.
(3) Such an instrument shall be executed, acknowledged or approved, and
recorded or filed in like manner as plats of subdivisions; and being
duly recorded or filed shall operate to destroy the force and effect
of the recording of the plat so vacated, and to divest all public
rights in the streets, alleys, and public grounds, and all dedications
laid out or described in such plat.
1 .14 Variances _
(1 ) General . Where the City Council finds that extraordinary hardships
or practical difficulties may result from strict compliance with these
regulations and/or the purposes of these regulations may be served to .r
a greater extent by an alternative proposal , it may approve variances
to these subdivision regulations so that substantial justice may be
done and the public interest secured, provided that such variance shall _
not have the effect of nullifying the intent and purpose of these regu-
lations; and further provided the City Council shall not apprive vari-
ances unless it shall make findings based upon the evidence presented
to it in each specific case that:(a) The granting of the variance will not be detrimental to the
public safety, health, or welfare or injurious to adjacent
properties;
(b) The conditions upon which the request for a variance is based
are unique to the property for which the variance is sought
and are not applicable generally to other property;
(c) Because of the particular physical surroundings , shape or top-
ographical conditions of the specific property involved, a
particular hardship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of these regu-
lations are carried out;
(d) The variances will not in any manner vary the provisions of the
Zoning Ordinance, Comprehensive Plan or Official Street Plan.
(2) Conditions. In approving variances, the City Council may require such ._
conditions as will , in its judgement, secure substantially the objec-
tives of the standards or requirements of these regulations.
(3) Procedures. A petition for any such variance shall be submitted in
writing by the subdivider at the time when the preliminary plat is
filed for the consideration of the Waterloo City Plan and Program Com-
mission. The petition shall state fully the grounds for the applica-
tion and all of the facts relied upon by the petitioner.
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1 .15 Enforcement, Violations and Penalties
(1 ) General
(a) It shall be the duty of the City Planning Director to enforce
these regulations and to bring to the attention of the City
Attorney any violations or lack of compliance herewith.
(b) No owner, or agent of the owner, or any parcel of land or lot
located in a proposed subdivision shall transfer deed, or
sell any such a parcel before a plat of such subdivision has
been approved by the City Council in accordance with the pro-
visions of these regulations , and filed with the County Recor-
der. This shall only apply to portions of such proposed sub-
" divisions and shall not apply to the rights of partnerships or
other involvement in the development process.
(c) The Subdivision of any lot or any parcel of land, by the use of
metes and bounds description for the purpose of sale or trans-
fer with the intent of evading these regulations, shall not be
permitted as in accordance with Chapter 409 of the Code of Iowa.
-- All such described subdivisions shall be subject to all of the
requirements contained in these regulations and the Code of
Iowa.
(d) No building permit shall be issued for the construction of any
building or structure located on a lot or plat subdivided or
sold in violation of the provisions of these regulations.
(2) Violations and Penalties. Any person, firm or corporation who fails
to comply with, or violates any of these regulations shall be subject
to a fine of not more than $1 ,000, or imprisonment for a time not
exceeding thirty (30) days , or both, such fine and imprisonment pur-
suant to the provisions of the statutes of the State of Iowa.
(3) Civil Enforcement. Appropriate actions and proceedings may be taken
• by law or in equity to prevent any violation of these regulations, to
prevent unlawful construction, to recover damages, to restrain, cor-
rect, or abate a violation, to prevent illegal occupancy, or a build-
ing structure or premises , and these remedies shall be in addition to
the penalties described above.
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SECTION 2. SUBDIVISION APPLICATION PROCEDURE AND APPROVAL PROCESS
2.1 General Procedure
(1 ) Classification of Subdivisions . Whenever any subdivision of land is
proposed, before any contract is made for the sale of any part thereof,
and before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdividing owner, or his authorized
agent, shall apply for and secure approval of such proposed subdivision
in accordance with the following procedure, which includes basically
two (2) steps for a minor subdivision and three (3) steps for a major
subdivision:
(a) Minor Subdivision
(i ) Preliminary Plat
(ii ) Final Subdivision Plat
(b) Major Subdivision
(i ) Overall Development Plan
(ii ) Preliminary Plat
(iii ) Final Subdivision Plat
(2) Official Submission Dates. For the purpose of these regulations , for
both major and minor subdivisions , the date of the regular meeting of
the Waterloo City Plan and Program Commission at which the approval of
the subdivision plat is considered shall constitute the official sub-
mittal date of the plat at which the statutory period required for for-
mal approval or disapproval of the plat shall commence to run.
(3) Discussion of Requirements. Before preparing the preliminary plat for
a subdivision, the applicant should discuss with the Planning Staff the
procedure for adoption of a subdivision plat and the requirements as to
general layout of streets and for reservations of land, street improve-
ments , drainage, sewerage, fire protection, and similar matters , as
well as the availability of existing services. The staff shall also
advise the applicant, where appropriate, to discuss the proposed sub-
division with those officials who must eventually approve these aspects
of the subdivision plat coming within their jurisdiction.
(4) Classification. Tentative classification of the proposed subdivision
shall be made at this time by the staff as to whether the subdivision
is a major or minor subdivision as defined in these regulations.
2.2 Preliminary Plat
(1 ) Application Procedure and Requirements. The applicant shall assist
the Planning Staff in filing an application for approval of a prelim-
inary plat. The application shall :
(a) be made at the office of the Waterloo City Plan and Program Com-
mission together with a fee of forty dollars ($40.00) per plat
plus one dollar ($1 .00) per lot.
(b) The application shall advise as to the legal owner of the pro-
perty, the contract owner of the property, and, if any corpor-
ations are involved, a complete list of all directors and offi-
cers of each corporation.
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(c) Be delivered to the Planning Office at least two (2) weeks
prior to a meeting of the Waterloo City Plan and Program
Commission.
(d) Include all land which the applicant proposes to subdivide
and all land immediately adjacent extending one hundred (100)
feet therefrom, or of that directly opposite thereto, extend-
ing one hundred (100) feet from the street frontage of such
opposite land, with the names of the adjoining subdivisions.
(e) An overall development plan shall accompany a preliminary plat
which is being submitted for only a portion of the land which is
owned by the requestor and could be subdivided in the future.
(f) Be accompanied by a minimum of six (6) copies of the prelimi-
nary plat as described in these regulations .
(g) The Planning Staff shall refer the proposed preliminary plat to
the Waterloo City Plan and Program Commission for its review,
recommendations and report.
(2) Preliminary Plat Approval . After the Planning Commission has reviewed
the preliminary plat, any municipal recommendations and testimony and
exhibits submitted at the public meeting, the applicant shall be ad-
vised of any required changes and/or additions. The Commission shall
recommend approval , conditional approval , or disapproval of the pre-
liminary plat within forty (40) days after the date of the regular
meeting of the Commission at which the preliminary plat was first pre-
-- sented. Upon recommendation of the Waterloo City Plan and Program
Commission, the City Council shall approve, disapprove or condition-
ally approve the preliminary plat prior to submission of the Final
Plat to the Waterloo City Plan and Program Commission.
(3) Effective Period of Preliminary Approval . The approval of a prelimi-
nary Plat shall be effective for a period of one (1 ) year from the
time the City Council has approved said preliminary plat at the end of
which time Final approval on the subdivision must have been obtained
from the Waterloo City Plan and Program Commission and the City Council ,
although the plat need not yet be signed and filed with the County
Recorder of Deeds. Any plat not receiving Final approval within the
period of time set forth herein shall be null and void, and the devel-
oper shall be required to resubmit a new plat for preliminary approval
subject to all new zoning restrictions and subdivision regulations .
(4) Zoning Regulations. Every plat shall conform to existing zoning regu-
lations and subdivision regulations applicable at the time of proposed
final approval , except that any plat which has received preliminary
approval shall be exempt from any subsequent amendments to the Zoning
Ordinance rendering the plat non-conforming as to bulk or use, provided
that final approval is obtained within the one (1 ) year period.
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2.3 Final Subdivision Plats
(1 ) Application Procedure and Requirements. Following the approval of the
preliminary plat the applicant, if he wishes to proceed with the sub-
division, shall file with the Waterloo City Plan and Program Commission
an application for final approval of a subdivision plat. The applica-
tion shall :
(a) be made at the Office of the Waterloo City Plan and Program
Commission, together with a fee of one dollar ($1 .00) per lot
plus the costs of recording;
(b) include the entire subdivision, or section thereof, which
derives access from an existing state, county or local govern-
ment highway;
(c) be accompanied by a minimum of six (6) copies of the subdivi-
sion plat as described in these regulations;
(d) shall be in substantial conformance with the preliminary plat
as approved;
(e) be presented to the Planning Staff at least two (2) weeks prior
to a regular meeting of the Commission. The date of the regu-
lar meeting of the Commission at which the final approval of
the plat is given shall constitute the official submittal date
of the final plat for the purposes of these regulations.
(f) be accompanied by all formal irrevocable offers of dedication
to the public of all streets , local government uses , utilities,
parks, and easements, in a form approved by the City Attorney.
The applicant shall deliver a full covenant to all such lands
in proper form for recording.
(g) be accompanied by the contract and waivers if required, in a
form satisfactory to the City Attorney and the City Engineer.
(2) Vested Rights. No vested rights shall accrue to any plat by reason
of preliminary or final approval until signing of the resolution
approving the plat by the Mayor and City Clerk. All requirements,
conditions, or regulations adopted by the Waterloo City Plan and
Program Commission applicable to the subdivision or on all subdivi-
sions generally shall be deemed a condition for any subdivision prior
to the time of the signing of the Final Plat by the Mayor and City
Clerk. Where the Plan and Program Commission and City Council has
required the installation of improvements prior to signing of the
Final Plat, the City Council shall not unreasonably modify the condi-
tions set forth in the final approval .
2.4 Signing and Recording of Subdivision Plat —
(1 ) Signing of Plat
(a) When contract and waivers are required, the Mayor and City Clerk
shall endorse a resolution approving said plat after the con-
tract and waivers have been approved by the City Council and
all the conditions of the resolution pertaining to the plat have
been satisfied.
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(b) When installation of improvements is required, the Mayor and
City Clerk shall endorse a resolution approving said plat after
all conditions of the resolution have been satisfied and all
improvements satisfactorily completed. There shall be written
evidence that the required public facilities have been installed
in a manner satisfactory to the City as shown by a certificate
signed by the City Engineer and City Planning Director that the
necessary dedication of public lands and improvements has been
accomplished.
(2) Recording of Plat
(a) It shall be the responsibility of the City Planning Director or
his appointee to accompany the developer's agent to file the
plat with the County Recorder of Deeds' Office. Simultaneously
with the filing of the plat, the City Planning Director shall
record the agreement of dedication together with such legal
documents as shall be required to be recorded by the City Attor-
ney. This recording shall be accomplished in a time period to
be determined by the developer, however, not to exceed nine (9)
-- months from the date of City Council approval .
(3) Sectionalizing Major Subdivision Plats. Prior to granting final
approval of a major subdivision plat, the Plan and Program Commission
-- may permit the plat to be divided into two (2) or more sections and
may impose such conditions upon the filing of the sections as it may
deem necessary to assure the orderly development of the plat.
a,
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SECTION 3. ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS
3. 1 Improvements and Contract and Waivers
(1 ) Completion of Improvements. Before the Final Plat is signed by the
Mayor and City Clerk, all applicants shall be required to complete,
in accordance with the City Council 's decision and to the satisfac-
tion of the City Engineer, all the street, sanitary and other improve-
ments including lot improvements on the individual lots of the subdi-
vision as required in these regulations, specified in the final sub-
division plat, and as approved by the City Council , and to dedicate
same to the City of Waterloo, free and clear of all liens and encum-
brances on the property and public improvements thus dedicated.
(2) Contract and Waivers. The Planning Commission in its discretion may
waive the requirement that the applicant complete and dedicate all
public improvements prior to the signing of the subdivision plat, and
that, as an alternative, the applicant establish appropriate contract
and waivers at the time of application for final subdivision approval .
(3) Temporary Improvement. The applicant shall build and pay for all
costs of temporary improvements required by the City and shall main-
tain same for the period specified by the City.
(4) Where a subdivision or replat is proposed along an existing right-of-
way and the street is not improved to the minimum requirements of the
City Engineer, contract and waivers shall accompany the plat which
provide for the future improvement for that portion of the street.
If the subdivision is on both sides of the existing street, the street
shall be required to be improved in accordance with this ordinance.
(5) Costs of Improvements. All required improvements shall be made by the
applicant, at his expense, without reimbursement by the City or any
improvement district therein, unless otherwise requested prior to the
approval by the Plan and Program Commission of the Preliminary Plat.
(6) Governmental Units. Governmental units to which these contract pro-
visions apply may file in lieu of said contract a certified resolution
or ordinance from officers or agencies authorized to act in their
behalf, agreeing to comply with the provisions of this Article.
(7) Failure to Complete Improvement. For subdivisions for which contracts
and waivers have been filed, if the improvements are not completed
within the period specified by the City, normally two (2) years but
subject to the recommendation of the City Engineer and City Council ,
the City may thereupon require that all the improvements be installed
regardless of the extent of the building development at the time the
contract is declared to be in default.
(8) Acceptance of Dedication of Offers. Acceptance of formal offers of
dedication of streets , public areas , easements and parks , shall be by
resolution of the City Council . The approval by the Waterloo City
Plan and Program Commission of a subdivision plat shall not be deemed
to constitute or imply the accpetance by the City of any street, ease-
ment or park shown on said plat until such time as the City Council
formally accepts said plat.
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3.2 Inspection of Improvements
(1 ) The City Engineer shall determine the method in which the final inspec-
tion of the required improvements will be made to insure their satis-
factory completion. If the City Engineer finds upon completion of the
inspection that any of the required improvements have not been construc-
- ted in accordance with the City's construction standards and specifica-
tions, the applicant shall be responsible for completing the improve-
ments. Wherever the provision of improvements is covered by a contract
and waiver agreement, the applicant shall be financially liable for
completing the improvements according to specifications.
(2) Release
(a) Certificate of Satisfactory Completion. The City Council will
not accept dedication of required improvements, until the City
Engineer has submitted a certificate stating that all required
improvements have been satisfactorily completed and until the
applicant's engineer or surveyor has certified to the City
Engineer through submission of detailed "as-built" survey plats
of the subdivisions, indicating location, dimensions , materials ,
and other information required by the Plan and Program Commis-
sion or City Engineer and that the layout of the line and grade
of all public improvements is in accordance with construction
plans for the subdivision. Upon such approval and recommenda-
tion, the City shall thereafter accept the improvements for
dedication in accordance with the established procedure.
3.3 Maintenance of Improvements
(1 ) The applicant shall be required to maintain all improvements on the
-- individual subdivided lots and provide for snow removal on streets and
sidewalks, if required, until acceptance of said improvements by the
City Council . If there are any certificates of occupancy on a street
not dedicated to the City, the City may on twelve (12) hours notice
plow the street or effect emergency repairs and charge same to appli-
cant.
(2) The applicant shall be required to file a maintenance bond with the
City Council , prior to dedication, in an amount considered adequate
by the City Engineer and in a form satisfactory to the City Attorney,
in order to assure that satisfactory condition of the required improve-
ments for a period of two (2) years for storm and sanitary sewers and
four (4) years for street improvements, including curbs and gutters
after the date of their acceptance by the City and dedication of same
to the City.
3.4 Deferral or Waiver of Required Improvements
(1 ) The City Council may defer or waive at the time of Final approval ,
subject to appropriate conditions , the provision of any or all such
improvements as, in its judgement, are not requisite in the interests
of the public health, safety and general welfare, or which are inap-
propriate because of inadequacy or lack of connecting facilities .
-12-
(2) Whenever it is deemed necessary by the City Council to defer the
construction of any improvements required herein because of incom-
patible grades, future planning, inadequate or lack of connecting
facilities, or for other reasons, the applicant shall pay his share
of the costs of the future improvements to the local government _
prior to signing of the final subdivision plat, or the applicant
shall file contracts and waivers regarding completion of said
improvements upon demand of the City Council .
3.5 Issuance of Building Permits and Certificates of Occupancy
(1 ) No certificate of occupancy for any building in a subdivision shall
be issued prior to the completion of the improvements in a manner
which shall be adequate for vehicular access by the prospective
occupant and by police and fire equipment.
(2) No building permits shall be issued in the subdivision prior to the
time that the streets and easements effecting such lot are brought
to the grade established in the construction plans.
(3) No building permit shall be issued for the final ten percent (10%)
of lots in a subdivision, or if ten percent (10%) be less than five
(5) , for the final five (5) lots of a subdivision, until all public
improvements required by the City Council for the plat have been
fully completed and dedicated to the City.
-13-
SECTION 4. REQUIREMENTS FOR IMPROVEMENTS, RESERVATIONS AND DESIGN
4.1 General Improvements
(1 ) Conformance to Applicable Rules and Regulations. In addition to the
requirements established herein, all subdivision plats shall comply
with the following laws, rules and regulations:
(a) all applicable statutory provisions ;
(b) the City Zoning Ordinance, building and housing codes, and
all other applicable laws of the appropriate jurisdictions;
(c) the Comprehensive Plan and Capital Improvements Program of the
City including all streets, drainage systems, and parks shown
on the Comprehensive Plan as adopted;
(d) the special requirements of these regulations and any rules of
the Health Department and/or appropriate state agencies;
(e) the rules of the Iowa Department of Transportation if the sub-
division or any lot contained therein abuts a state highway;
(f) the pertinent standards and regulations adopted by the City
Engineer and all boards, commissions, agencies, and officials
of the City;
(g) plat approval may be withheld if a subdivision is not in con-
formity with the above guides or policy and purposes of these
regulations established in Section 1 .4 of these regulations.
(2) Self-Imposed Restrictions. If the owner places restrictions on any of
the land contained in the subdivision greater than those required by
the Zoning Ordinance of these regulations, such restrictions or refer-
- rence thereto shall be required to be indicated on the subdivision plat
and restrictive covenants which will be recorded with the County
Recorder.
(3) Plats Near Municipal Boundaries. Whenever access to the subdivision is
required across land in another local government, the City Council shall
require assurance from the City Attorney that access is legally estab-
lished and from the City Engineer that the access road is adequately
improved, or that a performance bond has been duly executed and is suf-
ficient in amount to assure the construction of the access road. In
general , plats should be laid out so as not to cross municipal boundary
lines.
(4) Monuments. The applicant shall place permanent reference monuments in
the subdivision as required herein and as approved by a Registered Land
Surveyor in accordance with Chapter 409 of the Code of Iowa.
(5) Character of the Land. Land which the City finds to be unsuitable for
_ subdivision or development due to flooding, improper drainage, steep
slopes, rock formations, adverse earth formations or topography, uti-
lity easements or other features which will reasonably be harmful to
the health, safety and general welfare of the present or future inha-
"` bitants of the subdivision and/or its surrounding areas, shall not be
subdivided or developed unless adequate methods are formulated by the
developer and approved by the City Council , upon recommendation of the
Plan and Program Commission and City Engineer, to solve the problems
created by the unsuitable land conditions. Such land shall be set
aside for other uses.
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(6) Subdivision Name. The proposed name of the subdivision shall not
duplicate, or too closely approximate phonetically, the name of any
other subdivision in the area covered by these regulations. The
Plan and Program Commission shall have final authority to designate
the name of the subdivision which shall be determined at the time of
preliminary plat approval .
4.2 Lot Improvements
(1 ) Lot Arrangement. The lot arrangement shall be such that there will
be no foreseeable difficulties , for reasons of topography or other
conditions, in securing building permits to build on all lots in com-
pliance with the Zoning Ordinance and Health Regulations and in pro-
viding driveway access to buildings on such lots from an approved
street.
(2) Lot Dimensions. Lot dimensions shall comply with the minimum stan-
dards of the Zoning Ordinance. Where lots are more than double the
minimum required area for the zoning district, the Plan and Program
Commission may require that such lots be arranged so as to allow
further subdivision and the opening of future streets where they
would be necessary to serve such potential lots, all in compliance
with the Zoning Ordinance and these regulations. Dimensions of cor-
ner lots should be large enough to allow for erection of buildings,
observing the minimum front yard setback from both streets. Depth
and width of properties reserved or laid out for business , commercial ,
or industrial purposes shall be adequate to provide for the off-street
parking and loading facilities required for the type of use and dev-
elopment contemplated, as established in the Zoning Ordinance.
(3) Double Frontage Lots and Access to Lots.
(a) Double Frontage Lots. Double frontage lots and reversed fron-
tage lots shall be avoided except where necessary to provide —
separation of residential development from traffic arterials
or to overcome specific disadvantages of topography and orien-
tation.
(b) Access from Major and Secondary Arterials . Lots shall not
derive access from a major or secondary arterial . Where drive-
way access from a major or secondary arterial may be necessary
for several adjoining lots, the Plan and Program Commission
may require that such lots be served by a combined access
drive in order to limit possible traffic hazard on such street.
Where possible, driveways should be designed and arranged so -�
as to avoid requiring vehicles to back into traffic on major
or secondary arterials.
(4) Soil Preservation, Grading and Seeding.
(a) Soil Preservation and Final Grading. In grading platted lots
at least six (6) inches of top soil shall be maintained on the
lots.
(b) Lot Drainage. Lots shall be laid out so as to provide positive
drainage away from all buildings and individual lots drainage
shall be coordinated with the general storm drainage pattern for
the area. Drainage shall be designed so as to avoid concentra-
tion of storm drainage water from each lot to adjacent lots.
-15-
(5) Debris and Waste. No cut trees, timber, debris , junk, rubbish, or
other waste materials of any kind shall be buried in any land, or
left or deposited on any lot or street at the time of issuance of
a certificate of occupancy, and removal of same shall be required
prior to issuance of any certificate of occupancy in a subdivision.
Nor shall any be left or deposited in any area of the subdivision
at the time of expiration of the performance bond or dedication of
public improvements, whichever is sooner.
(6) Waterbodies and Watercourses. If a tract being subdivided contains
a water body, or portion thereof, lot lines shall be so drawn as to
distribute the entire ownership of the water body among the fees of
adjacent lots. The City Council may approve an alternative plan
whereby the ownership of and responsibility for safe maintenance of
the water body is so placed that it will not become a responsibility
of the City. Where a watercourse separates the buildable portion of
a lot from the street by which it has access , provisions shall be
made for installation of a culvert or other structure, of design
approved by the City Engineer.
4. 3 Roads
(1 ) General Requirements.
(a) Frontage on Improved Streets. No subdivision shall be approved
unless the area to be subdivided shall have frontage on and
access from an existing street or a street shown upon a plat
W approved by the Plan and Program Commission and recorded in the
County Recorder of Deeds' Office. Such street or highway must
be suitably improved as required by the highways rules, regula-
tions , specifications , or orders, or be secured by a contract
required under these subdivision regulations, with the width
and right-of-way required under these subdivision regulations
or the Official Street Plan. Wherever the area to be subdivi-
- ded is to utilize existing street frontage, such street shall
be suitably improved as provided herein above.
(b) Grading and Improvement Plan. Streets shall be graded and
improved and conform to the City construction standards and
specifications and shall be approved as to design and specifi-
cations by the City Engineer, in accordance with the construc-
- tion plans.
(c) Topography and Arrangement.
(i ) Streets shall be related appropriately to the topo-
graphy. Local roads should be curved wherever pos-
sible to avoid conformity of lot appearance. All
streets shall be arranged so as to obtain as many
possible of the building sites at, or above, the
grades of the streets. Grades of streets should
conform as closely as possible to the original topo-
graphy. A combination of steep grades and curves shall
` be avoided. Specific standards are contained in the
design standards of these regulations.
(ii ) All streets shall be properly integrated with the
existing and proposed system of thoroughfares and
dedicated right-of-way as established in the Compre-
hensive Plan.
-16-
(iii ) The design of thoroughfares should be properly related
to special traffic generators such as industries , busi-
ness districts, schools , churches, and shopping centers;
to population densities; and to the pattern of existing
and proposed land uses.
(iv) Minor or local streets should be laid out to conform as
much as possible to the topography, to discourage use by
through traffic, to permit efficient drainage and uti-
lity systems, and to require the minimum number of
streets necessary to provide convenient and safe access
to property.
(v) The rigid rectangular gridiron street pattern need not
necessarily be adhered to, and the use of curvilinear
streets , cul-de-sacs , or U-shaped streets should be
encouraged where such use will result in a more desirable
layout.
(vi ) Proposed streets shall be extended to the boundary lines
of the tract to be subdivided, unless prevented by topo-
graphy or other physical conditions, or unless in the
opinion of the Plan and Program Commission such extension
is not necessary or desirable for the coordination of the
layout of the subdivision with the existing layout or the
most advantageous future development or adjacent tracts.
(vii ) In business and industrial developments , the street and
other accessways shall be planned in connection with the
grouping of buildings, location of rail facilities , and
the provision of alleys , truck loading and maneuvering
areas and walk and parking areas so as to minimize conflict
of movement between the various types of traffic, including
pedestrian.
(d) Blocks
(i ) Blocks shall have sufficient width to provide for two (2)
tiers of lots of appropriate depths. Exceptions to this
prescribed block width shall be permitted in block adjacent
to major streets , railroads or waterways.
(ii ) The lengths, widths and shapes of blocks shall be such as
are appropriate for the locality and the type of development
contemplated, but block lengths in residential areas shall
not exceed one thousand two hundred (1 ,200) feet nor be less
than four hundred (400) feet in length. Wherever practica-
ble, blocks along major arterials and collector streets
shall not be less than eight hundred (800) feet in length.
(iii ) In long blocks the Plan and Program Commission may require
the reservation of an easement not less than ten (10) feet
wide through the block to accomodate utilities, drainage
facilities , or pedestrian traffic. Pedestrianways may be
required by the Plan and Program Commission through the
center of blocks more than eight hundred (800) feet long
where deemed essential to provide circulation or access to
schools, playgrounds , shopping centers, transportation, or
other community facilities. Blocks designed for industrial
-17-
uses shall be of such length and width as may be
determined suitable by the Plan and Program Commis-
sion for prospective use.
(e) Access to Primary Arterials. Where a subdivision borders on
or contains an existing or proposed major or secondary arterial ,
the Plan and Program Commission shall require that access to
such streets be limited by one of the following means:
(i ) The subdivision of lots so as to back onto the pri-
mary arterial and front onto a parallel local street;
no access shall be provided from the primary arterial .
(ii ) A series of cul-de-sacs, U-shaped streets, or short
loops entered from and designed generally at right
angles to such a parallel streets, with the rear lines
or their terminal lots backing onto the major arterial .
-- (iii ) A marginal access or service road (separated from the
primary arterial ) .
(f) Street Names. The preliminary plat as submitted shall indicate
names of proposed streets. Names shall be sufficiently different
in sound and in spelling from other road names in the metropolitan
area so as not to cause confusion. A road which is or is planned
as a continuation of an existing road shall be the same name.
(g) Street Lights. Installation of street lights shall be required
in accordance with design and specification standards approved
by the City Engineer.
(h) Reserve Strips. Installation of street lights shall not be per-
mitted adjacent to a proposed street in such a manner as to deny
-- access from adjacent property to such street.
(i) Construction of Roads and Dead-End Roads
(i ) Construction of Roads. The arrangement of streets shall provide
for the continuation of principal streets between adjacent
properties when such continuation is necessary for conven-
ient movement of traffic, effective fire protection, for
efficient provision of utilities, and where such continua-
tion is in accordance with the comprehensive plan. If the
adjacent property is undeveloped and the street must be a
--- dead end street temporarily, the right-of-way shall be
extended to the property line. A temporary T- or L-shaped
or circular turnabout shall be provided on all temporary
dead-end streets serving more than two (2) lots, with the
notation on the subdivision plat that land outside the
normal street right-of-way shall revert to abuttors when-
ever the street is continued. The Plan and Program Com-
mission may limit the length of temporary dead end streets
in accordance with the design standards of these regula-
tions.
(ii ) Dead-End Roads (permanent). Where a road does not extend
beyond the boundary of the subdivision and its continua-
tion is not required by the Plan and Program Commission
for access to adjoining property, its terminus shall nor-
mally not be nearer to such boundary than fifty (50) feet.
However, the Plan and Program Commission may require the
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-... 1
reservation of an appropriate easement to accomodate drain-
age facilities , pedestrian traffic, or utilities. A cul-
de-sac
turnaround shall be provided at the end of a perma-
nent dead-end street in accordance with City construction
standards and specifications. For greater convenience to
traffic and more effective police and fire protection,
permanent dead-end streets shall , in general , be limited
in length in accordance with the design standards regula-
tions.
(iii ) When a street or street right-of-way is required to
insure access to an abutting property outside the subdivi-
sion, but is not required to be improved, the developer of
the adjacent property shall be responsible for the improve-
ments of said street at such time as the adjacent property
is developed.
(2) Design Standards
(a) General . In order to provide for roads of suitable location, width
and improvement to accomodate prospective traffic and afford satis-
factory access to police, firefighting, snow removal , sanitation,
and road maintenance equipment, and to coordinate roads so as to
compose a convenient system and avoid undue hardships to adjoining
properties, the following design standards for roads are hereby
required (road classification may be indicated on the Comprehensive
Plan or Official Map; otherwise, it shall be determined by the
Plan and Program Commission).
(b) Road Surfacing and Improvements. After sewer and water utilities
have been installed by the developer, the applicant shall construct
curbs and gutters or integral curbs, and shall surface or cause to
be surfaced roadways to the widths prescribed in these regulations.
Said surfacing shall be of such character as is suitable for the ..•i
expected traffic and in harmony with similar improvements in the
surrounding areas. Types of pavement shall be as determined by the
City Engineer and City Council in accordance with the use of the
street which is anticipated. Adequate provision shall be made for
culverts , drains , and bridges.
All road pavement, shoulders, drainage improvements , and structures ,
curbs, turnarounds, and sidewalks shall conform to all construction
standards and specifications adopted by the Plan and Program Commis-
sion, City Engineer and City Council and shall be incorporated into
the construction plans required to be submitted by the developer.
(c) Excess Right-of-Way. Right-of-way widths in excess of the standards
designated in these regulations shall be required whenever, due to
topography, additional width is necessary to provide adequate earth
slopes. Such slopes should not be in excess of three to one ratio.
(d) Railroads and Limited Access Highways. Railroad rights-of-way and
limited access highways where so located as to affect the subdivi-
sion of adjoining lands shall be treated as follows :
(i ) In residential districts a buffer strip at least twenty-
five (25) feet in depth in addition to the normal depth
of the lot required in the district shall be provided
adjacent to the railroad right-of-way or limited access
highway. This strip shall be part of the platted lots
-19-
and shall be designated on the plat: "This strip is
reserved for screening. The placement of structure
hereon is prohibited. "
(ii ) In districts zoned for business , commercial , or indus-
trial uses the nearest street extending parallel or
,N approximately parallel to the railroad shall , wherever
practicable, be at a sufficient distance therefrom to
ensure suitable depth for commercial or industrial sites.
— (iii ) Streets parallel to the railroad when intersecting a
. t street which crosses the railroad at grade shall , to the
extent practicable, be at a distance of at least One
Hundred Fifty (150) feet from the railroad right-of-way.
', Such distance shall be determined with due consideration
of the minimum distance required for future separation of
grades by means of appropriate approach gradients.
(e) Intersections
(i ) Streets shall be laid out so as to intersect as nearly as
possible at right angles. A proposed intersection of two
(2) new streets at an angle of less than seventy-five (75)
degrees shall not be acceptable. An oblique street should
be curved approaching an intersection and should be approxi-
mately at right angles for at least one hundred (100) feet
therefrom. Not more than two (2) streets shall intersect
{ at any one point unless specifically approved by the City
-- Council . -
(ii ) Proposed new intersections along one side of an existing
street shall , wherever practicable, coincide with any exist-
- ing intersections on the opposite side of such street.
Street jogs with center-line offsets of less than One Hun-
dred Fifty (150) feet shall not be permitted, except where
the intersected street has separated dual drives without
median breaks at either intersection. Where streets inter-
sect major streets, their alignment shall be continuous.
Intersection of major streets shall be at least eight hun-
dred (800) feet apart.
(iii ) Minimum curb radius at the intersection of two (2) local
streets shall be at least twenty (20) feet; and a minimum
curb radius at an intersection involving a collector street
shall be at least twenty-five (25) feet. Alley intersections
and abrupt changes in alignment within a block shall have
the corners cut off in accordance with standards of the City
Engineer.
(iv) Intersections shall be designed with a flat grade wherever
practical . In hilly or rolling areas a nearly horizontal
approach shall be provided at the intersection.
(v) Where any street intersection will involve earth banks or
existing vegetation inside any lot corner that would create
a traffic hazard by limiting visibility, the developer shall
cut such ground and/or vegetation (including trees) in con-
-- nection with the grading of the public right-of-way to the
extent deemed necessary to provide an adequate sight dis-
tance.
-20
(vi ) The cross-slopes on all streets should normally be two
percent (2%).
(f) Bridges and Box Culverts. Bridges or Box Culverts of primary
benefit to the applicant, as determined by the Plan and Program
Commission, shall be constructed at the sole expense of the appli-
cant without reimbursement from the local government. The sharing
expense for the construction of bridges and box culverts not of
primary benefit to the applicant, as determined by the City Engi-
neer and the City Council , will be fixed by a special agreement _
between the City and the applicant.
TABLE 1 .
DESIGN STANDARDS FOR ROADS
DEVELOPMENT DENSITY
RESIDENTIAL NON-RESI-
DENTIAL
LOW MEDIUM HIGH BUSINESS _
INDUSTRIAL
MINIMUM WIDTH RIGHT-OF-WAY (IN FEET) ,
Local Road 50 60 60 60
Collector Road 60 60 70 60
Secondary Arterial 60 80 80 80
Primary Arterial 100 100 i 100 100
MINIMUM WIDTH TRAVELED ROUTE (IN FEET)
Local Road , 25 W/S* 28 W/C** 31 W/C I 30 W/C
Collector Road 28 W/S 31 W/C ( 40 W/C 40 W/C
Secondary Arterial 28 W/S 40 W/C 44 W/C 44 W/C
Primary Arterial 44 W/S' 48 W/C 48 W/C 48 W/C
MAXIMUM GRADE (PERCENT)
Local Road 10 10 8 6
Collector Road 8 8 8 6
Secondary Arterial 6 6 6 5
Primary Arterial 6 6 6 5
MINIMUM GRADE (PERCENT) .5 .5 . 5 .5
MINIMUM TURNAROUND (IN FEET)
Local Roads R-O-W Diameter 100 100 120 120
Pavement Diameter 70 70 90 90
Center Island Diameter (if required) 0 0 20 20
DESIGN SPEED (MILES PER HOUR)
Local Roads 25 30 30 30
Collector Roads 30 35 35 35
Secondary Arterial 40 40 40 40
Primary Arterial 40 40 40 50
LENGTH OF CUL-DE-SACS '
—
Maximum Twelve times miminum lot width serving no more
than twenty-five (25) families and not exceed-
_` i ing seven hundred twenty (720) feet in length__
*W/S = With Shoulders (roll type curb)
**W/C = With Curbs (integral curbs)
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(3) Road Dedications and Reservations
(a) New Perimeter Streets. Street systems in new subdivisions shall
be laid out so as to eliminate or avoid new perimeter half
streets. Where an existing half-street is adjacent to a new
subdivision, the other half of the street shall be improved and
dedicated by the subdivider. The Plan and Program Commission
may authorize a new perimeter street where the subdivider im-
proves and dedicates the entire required street right-of-way
-- width within his own subdivision boundaries.
(b) Widening and Realignment of Existing Roads. Where a subdivision
borders an existing narrow road or when the Comprehensive Plan,
Official Map or Zoning setback regulations indicate plans for
realignment or widening a road that would require use of some
of the land in the subdivision, the applicant shall be required
to improve and/or dedicate at his expense such areas for widen-
ing or realignment of such roads. Such frontage roads and
streets shall be improved and dedicated by the applicant at his
own expense to the full width as required by these subdivision
regulations. Any paving requirement over thirty-one (31 ) feet
will be paid for by the City in an amount equal to the additional
costs over the thirty-one (31 ) feet width. Land reserved for any
road purpose may not be counted in satisfying yard or area
requirements of the Zoning Ordinance whether the land is to be
dedicated to the municipality in fee simple or an easement is
granted to the City.
4.4 Drainage and Storm Sewers
(1 ) General Requirements. The Plan and Program Commission shall not
recommend for approval any plat of subdivision which does not make
adequate provision for storm or flood water runoff channels or basins.
The storm water drainage system shall be separate and independent of
any sanitary sewer system. Storm sewers, where required, shall be
designed by the Rational Method, or other methods as approved by the
City Engineer, and a copy of design computations shall be submitted
along with plans. Inlets should be provided so that surface water is
not carried across or around any intersection nor for a distance of
more than six hundred (600) feet in the gutter. When calculations
indicate that curb capacities are exceeded at a point, no further
allowance shall be made for flow beyond that point, and basins shall
be used to intercept flow at that point. Surface water drainage
patterns shall be shown for each and every lot and block. Drainage
from individual lots, onto adjacent property, shall be restricted
through utilization of proper grading techniques and storm drainage
improvements. Drainage from these lots should be directed to the
street or available drainage easements.
(2) Nature of Storm Water Facilities
(a) Location. The applicant may be required by the Plan and Program
— Commission upon the recommendation of the City Engineer to carry
away by pipe or open ditch any spring or surface water that may
exist either previously to, or as a result of the subdivision.
Such drainage facilities shall be located in the road right-of-
way where feasible, or in perpetual unobstructed easements of
appropriate width, and shall be constructed in accordance with
construction standards and specifications.
-22-
(b) Accessibility to Public Storm Sewers
(i ) Where a public storm sewer is accessible, the applicant
shall install storm sewer facilities, or if no outlets
are within a reasonable distance, adequate provision
shall be made for the disposal of storm water, subject
to the specifications of the City Engineer. Inspection
of facilities shall be conducted by the City Engineer.
Parking areas for multi-family, commercial and industrial
activities shall be required to have the drainage flow
indicated on site plans submitted for building permits.
(ii ) If a connection to a public storm sewer will be provided
eventually, as determined by the City Engineer, the dev-
eloper shall make improvements for storm water disposal
by a public storm sewer system at the time that the plat
receives final approval .
(iii ) Where a central storm sewer system is not reasonably
accessible, but will become available within a reasonable
time (not to exceed fifteen (15) years) the applicant
shall install said storm sewer improvements within the
plat to be in conformance with the City's specifications
and ready for connection to the City system. The City
will assume maintenance responsibility for these facili-
ties with the approval of the improvements by the City
Engineer.
(c) Accomodation of Upstream Drainage Areas. A culvert or other
drainage facility shall in each case be large enough to accomo-
date potential runoff from its entire upstream drainage area,
whether inside or outside the subdivision. The City Engineer
shall determine the necessary size of the facility, based on the
provisions of the construction standards and specifications assum-
ing conditions of maximum potential watershed development permit-
ted by the Zoning Ordinance and Master Plan.
(d) Effect on Downstream Drainage Areas. The City Engineer shall also
study the effect of each subdivision on existing downstream drain-
age facilities outside the area of the subdivision. Engineering
drainage studies together with such other studies as shall be
appropriate, shall serve as a guide to needed improvements. Where -
it is anticipated that the additional runoff incident to the dev-
elopment of the subdivision will overload an existing downstream
drainage facility, the City Council may withhold approval of the
subdivision until provision has been made for the improvement of
said potential condition. No subdivision shall be approved unless
adequate drainage will be provided to an adequate drainage water-
course or facility.
(e) Areas of Poor Drainage. Whenever a plat is submitted for an area
which is subject to flooding, the City Council may approve such
subdivision provided that the applicant fills the affected area
of said subdivision to an elevation sufficient to place the lowest
water entry level, as herein defined, of any structure at a minimum
of twelve (12) inches above the elevation of the 100-Year Flood, _
for an area at least ten (10) feet equi-distant around the struc-
ture, as determined by the City Engineer. The plat of such sub-
division shall provide for an overflow zone along the bank of any
-23-
stream or watercourse, in a width which shall be sufficient in
times of high water to contain or move the water, and no fill
shall be placed in the overflow zone nor shall any structure be
erected or place therein. The boundaries of the overflow zone
shall be subject to approval by the City Engineer. Development
within areas of extremely poor drainage should be discouraged.
(f) Flood Fringe Areas. The City Council may when it deems neces-
sary for the health, safety or welfare of the present and future
population of the area and necessary to the conservation of water,
drainage, and sanitary facilities, prohibit the subdivision of
any portion of the property which lies within the flood fringe
areas of any stream or drainage course. These areas shall be
preserved from any and all destruction or shall be preserved from
any and all destruction or damage resulting from clearing, grad-
ing or dumping of earth, waste material , or stumps , except at the
discretion of the City Council .
(g) Floodway Areas. The City Council shall prohibit the subdivision
of land for residential , commercial or industrial development
located within areas of the City which are designated as floodway.
(3) Dedication of Drainage Easements
(a) General Requirements. Where a subdivision is traversed by a
watercourse, drainageway, channel , or stream, there shall be pro-
vided a storm water easement or drainage right-of-way conforming
substantially to the lines of such watercourse, and of such width
and construction or both as will be adequate for the purpose.
Wherever possible, it is desirable that the drainage be maintained
by an open channel with landscaped banks and adequate width for
maximum potential volume flow.
(b) Drainage Easements
(i ) Where topography or other conditions are such as to make
impractical the inclusion of drainage facilities within
road rights-of-way, perpetual unobstructed easements at
least sixteen (16) feet in width for such drainage faci-
lities shall be provided across property outside the road
lines and with satisfactory access to the road. Easements
shall be indicated on the preliminary and final plat.
Drainage easements shall be carried from the road to a
natural watercourse or to other drainage facilities.
(ii ) When a proposed drainage system will carry water across
private land outside the subdivision, appropriate drain-
age rights must be secured and indicated on the plat.
(iii ) The applicant shall dedicate by drainage or conservation
easement the land on both sides of existing watercourses,
to a distance to be determined by the City Engineer.
(iv) Low-lying lands along watercourses subject to flooding or
overflowing during storm periods, whether or not included
in areas for dedication, shall be preserved and retained
as natural drainageways.
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4.5 Water Facilities
(1 ) General Requirements
(a) Necessary action shall be taken by the applicant to extend or
create a water-supply district for the purpose of providing a
water supply system capable of providing domestic water use and
fire protection.
(b) Where a public water main is accessible the subdivider shall
install adequate water facilities (including fire hydrants) sub-
ject to the specification of the Waterloo Water Works.
(c) Water main extensions shall be approved by the officially desig-
nated agency of the State of Iowa and the Waterloo Water Works.
(d) To facilitate the above, the location of all fire hydrants , all
supply improvements, and the boundary lines of proposed districts,
indicating all improvements proposed to be served, shall be shown
on the preliminary plat.
(2) Individual Wells and Central Water Systems
(a) In low-density zoning districts, at the discretion of the Plan and
Program Commission, if a public water system is not available,
individual wells may be used or a central water system provided in
such a manner that an adequate supply or potable water will be
available to every lot in the subdivision. Water samples shall be
submitted to the Health Department for its approval , and indivi-
dual wells and central water systems shall be approved by the
appropriate health authorities.
(b) If the Plan and Program Commission requires that a connection to
the public water main be eventually provided as a condition to
approval of an individual well or central water system, the appli-
cant shall make arrangements for future water service at the time
the plat receives final approval . Performance or cash bonds shall
be required to insure compliance.
(3) Fire Hydrants. Fire hydrants shall be required for all subdivisions
except those coming under Section 4.5(2a). Fire hydrants shall be loca-
ted in conformance with Waterloo Water Works Specifications and shall
be approved by the applicable protection unit. To eliminate future
street openings, all underground utilities for fire hydrants , together
with the fire hydrants themselves and all other supply improvements
shall be installed before any final paving of a street shown on the
subdivision plat.
4.6 Sewerage Facilities
(1 ) General Requirements. The applicant shall install sanitary sewer faci- _
lities in a manner prescribed by the City's construction standards and
specifications. All plans shall be designed in accordance with the
rules, regulations and standards of the City Engineer and the Iowa
Department of Environmental Quality. Necessary action shall be taken
by the applicant to extend or create a sanitary sewer district for the
purpose of providing sewerage facilities to the subdivision, where no
district exists for the land to be subdivided.
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(2) Residential Districts. Sanitary sewerage systems shall be construc-
ted as follows:
(a) Where a public sanitary sewerage system is reasonably accessible
the applicant shall connect with same and provide sewers acces-
sible to each lot in the subdivision.
(b) Where public sanitary sewerage systems are not reasonably acces-
sible but will become available within a reasonable time (not to
exceed fifteen (15) years) , the applicant may choose one of the
following alternatives:
(i ) Central Sewerage System. The maintenance cost to be
assessed against each property benefited. Where plans
for future public sanitary sewerage systems exist, the
applicant shall install the sewer lines , laterals and
mains to be in permanent conformance with such plans
and ready for connection to such public sewer mains; or
(ii ) Individual disposal systems, provided the applicant
shall install sanitary sewer lines, laterals, and mains
from the street curb to a point in the subdivision
boundary where a future connection with the public
sewer main shall be made. Sewer lines shall be laid
from the house to the street lines, and a connection
shall be available in the home to connect from the
individual disposal system to the sewer system when
the public sewers become available. Such sewer systems
shall be capped until ready for use and shall conform
to all plans for installation of the public sewer sys-
tem, where such exist, and shall be ready for connec-
- tion to such public sewer main. The City will be res-
ponsible for maintenance after the improvements have
been accepted by the City.
(c) Where sanitary sewer systems are not reasonably accessible and
will not become available for a period in excess of fifteen (15)
years, the applicant may install sewerage systems as follows:
(i ) Medium Density Residential Districts. A central sewer-
age system only. No individual disposal systems will be
permitted. Where plans exist for a public sewer system
to be built, for a period in excess of fifteen (15) years ,
the applicant shall install all sewer lines, laterals and
mains to be in permanent conformance with such plans and
ready for connection to such public sewer main.
(ii ) Low-Density Residential District. Individual disposal
systems or central sewerage systems shall be used.
(3) Mandatory Connection to Public Sewer System. If a Public sanitary
sewer is accessible and a sanitary sewer is placed in a street or alley
abutting upon property, the owner thereof shall be required to connect
to said sewer for the purpose of disposing of waste, and it shall be
unlawful for any such owner or occupant to maintain upon any such pro-
perty an individual sewage disposal system.
(4) Individual Disposal System Requirements. If public sewer facilities
are not available and individual disposal systems are proposed, minimum
lot areas shall conform to the requirements of the Zoning Ordinance and
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percolation tests and test holes shall be made as directed by the Black
Hawk County Health Department and the results submitted to the Health
Department. The individual disposal system, including the size of the
septic tanks and the size of the tile fields or other secondary treat-
ment device, shall also be approved by the Health Officer.
4. 7 Sidewalks
(1 ) Required Improvements
(a) Sidewalks shall be included within the dedicated non-pavement
right-of-way of all roads as shown in Table 2.
(b) Concrete curbs are required for all roads where sidewalks are
required by these regulations or where required in the discretion
of the Plan and Program Commission.
(c) Sidewalks shall be improved as required in Section 4.3(2b) of
these regulations. A median strip of grassed or landscaped areas
at least five (5) feet wide shall separate all sidewalks from
adjacent curbs in residential subdivisions.
(2) Pedestrian Access. The Plan and Program Commission may require, in
order to facilitate pedestrian access from the roads to schools , parks,
playgrounds, or other nearby roads , perpetual unobstructed easements
not less than ten (10) feet in width. Easements shall be indicated on
the plat.
TABLE 2
SIDEWALKS REQUIRED
DEVELOPMENT DENSITY
NON-RESI-
RESIDENTIAL 1DENTIAL
LOW MEDIUM HIGH ;BUSINESS
INDUSTRIAL
Local Road Optional* Optional One side** Optional*
Collector Road One Side** One Side** ; Both Sides ! Both Sides
4' wide 4' wide 4' wide 4' wide
Secondary Arterial One Side** Both Sides ( Both Sides ';Both Sides
4' wide 4' wide 4' wide '6' wide
Primary Arterial Both Sides Both Sides Both Sides Both Sides
5' wide 5' wide 5' wide 6' wide
I l i
* Optional , but where provided four (4) feet minimum on either side of road with
concrete curbs.
**One side minimum; may be required on both sides of road upon recommendation of
the Plan and Program Commission.
4.8 Utilities
(1 ) Location. All utility facilities with the exception of pad-mount
transformers and terminals , including but not limited to gas,
electric power, telephone, and CATV cables , shall be located under-
ground throughout the subdivision. All utility easements existing
and proposed throughout the subdivision shall be shown on the pre-
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liminary plat. Uncerground service connections to the property line
of each platted lot shall be installed at the subdivider's expense.
At the discretion of the Plan and Program Commission, the requirement
for service connections to each lot may be waived in the case of
adjoining lots to be retained in single ownership and intended to be
developed for the same primary use.
(2) Easements
(a) Easements centered on rear lot lines which are provided for
municipal utilities shall be at least sixteen (16) feet wide.
Proper coordination shall be established between the City,
the subdivider and the applicable utility companies for the
establishment of utility easements prior to approval of the
preliminary plat.
(b) Where topographical or other conditions are such as to make
impractical the inclusion of utilities within the rear lot lines,
perpetual unobstructed easements at least sixteen (16) feet in
width shall be provided along side lot lines with satisfactory
access to the road or rear lot lines. Easements shall be indi-
cated on the plat.
4.9 Public Uses
(1 ) Parks, Playgrounds and Recreation Areas
(a) Recreation Standards. The City should obtain land for parks and
playgrounds or other recreation purposes in locations designated
on the Comprehensive Plan or otherwise where such reservations
would be appropriate. Each reservation shall be of suitable size,
dimension, topography, and general character and shall have ade-
quate road access, for the particular purposes envisioned by the
Park Board. The area shall be shown and marked on the plat,
"reserved for Park and/or Recreation Purposes". When recreation
areas are established, the Park Board shall determine the number
of acres to be reserved.
(b) Minimum size of Park and Playground Reservations. In general ,
land reserved for recreation purposes shall have an area of at
least four (4) acres. When less than four (4) acres , the Commis-
- sion may require that the recreation area be located at a suitable
place on the edge of the subdivision so that additional land may
be added at such time as the adjacent land is subdivided.
4.10 Preservation of Natural Features and Amenities
(1 ) General . Existing features which would add value to residential Bevel-
- opment or to the City as a whole, such as trees , as herein defined,
watercourses and falls, historic spots, and similar irreplaceable
assets, should be preserved in the design of the subdivision. The plat
_ shall show the number and location of existing trees, as required by
these regulations and shall further indicate all those marked for reten-
tion.
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4.11 Non-Residential Subdivisions
(1 ) General . If a proposed subdivision includes land that is zoned for
commercial or industrial purposes, the layout of the subdivision with
respect to such land shall make such provision as the Plan and Program
Commission may require. A non-residential subdivision shall also be
subject to all the requirements of site plan approval set forth in the
Zoning Ordinance. Site plan approval and non-residential subdivision
plat approval may proceed simultaneously at the discretion of the Plan
and Program Commission. A non-residential subdivision shall be subject —
to all the requirements of these regulations, as well as such addition-
al standards required by the Plan and Program Commission, and shall
conform to the proposed land use and standards established in the Com-
prehensive Plan and Zoning Ordinance.
(2) Standards. In addition to the principles and standards in these regu-
lations , which are appropriate to the planning of all subdivisions , the
applicant shall demonstrate to the satisfaction of the Commission that
the street, parcel , and block pattern proposed is specifically adaptap-
ted to the uses anticipated and takes into account other uses in the
vicinity. The following principles and standards shall be observed:
(a) Proposed industrial parcels shall be suitable in area and dimen-
sions to the types of industrial development anticipated.
(b) Street rights-of-way and pavement shall be adequate to accomodate
the type and volume of traffic anticipated to be generated there-
upon.
(c) Special requirements may be imposed by the local government with
respect to street, curb, gutter, and sidewalk design and construc-
tion.
(d) Special requirements may be imposed by the local government with
respect to the installation of public utilities , including water,
sewer and storm water drainage.
(e) Every effort shall be made to protect adjacent residential areas
from potential nuisance from a proposed commercial or industrial
subdivision, including the provision of extra depth in parcels
backing up on existing or potential residential development and
provisions for a permanently landscaped buffer strip when neces-
sary.
(f) Streets carrying non-residential traffic, especially truck traf-
fic, shall not normally be extended to the boundaries of adjacent
existing or potential residential areas and shall connect to a
collector street. -29-
SECTION 5. PLATS
5.1 Preliminary Plat
(1 ) General . The preliminary plat should be prepared by a licensed engi-
neer, licensed lanc surveyor, licensed architect, or licensed landscape
architect, at a convenient scale not more than one (1 ) inch equals one
hundred (100) feet.
(2) Features. The preliminary plat shall show the following:
(a) The location of property with respect to surrounding property
and streets; the names of adjoining developments; the names
of adjoining streets.
(b) The approximate location and dimensions of all boundary lines
of the property to be expressed in feet and decimals of a foot.
(c) The location of existing streets, easements , water bodies , tree
masses, streams , and other pertinent features such as swamps ,
railroads, buildings, parks , cemeteries , drainage ditches,
bridges, etc.
(d) The location and width of all existing and proposed right-of-
ways and street improvements , easements, alleys, and other pub-
lic ways, and building setback lines.
(e) The location, dimensions and areas of all proposed or existing
lots.
(f) 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 thereof.
(g) The name and address of the owner or owners of land to be sub-
divided, the name and address of the subdivider if other than
the owner, and the name of land surveyor.
(h) The date of the map, approximate North point, scale and
title of the subdivision.
(i ) Names of all new streets to be approved by the Plan and Program
Commission.
(j ) Indication of the Zoning of any lot and all uses other than
residential proposed by the subdivider.
(k) All lots in each subdivision shall be consecutively numbered.
Outlots shall be lettered in alphabetical order within each
— block.
(1 ) The lack of information under any item specified herein, or
improper information supplied by the applicant, shall be cause
for delay of a preliminary plat.
(m) Existing and proposed topography lines with intervals of not more
than two (2) feet.
(n) The location and sizes of existing and the location of proposed
water mains, sanitary sewer, storm sewer, street lights, and gas
mains.
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5.2 Final Plat
(1 ) General . The Final Subdivision Plat shall be presented on reproduci-
ble mylar and contain the information as required in Section 5.2(3) ,
except for any changes or additions required by resolution of the Plan
and Program Commission, as shown on the preliminary plat. All revi-
sion dates must be shown as well as the following:
(a) Notation of any self-imposed restrictions, and locations of any
building lines proposed to be established in this manner, if
required by the Plan and Program Commission in accordance with
these regulations.
(b) All monuments erected, corners, and other points established in
the field in their proper places in accordance with Chapter 409
of the Code of Iowa.
(2) Preparation. The Final Subdivision Plat shall be prepared by a land
surveyor licensed by the State.
(3) Information required. All Final Plats shall include:
(a) The boundaries of the property, the lines of all proposed streets
and alleys, with their widths and names , and the lines and dimen-
sions of any other portions intended to be dedicated to the public
use.
(b) All lot lines and an identification system for all lots and blocks
with figures showing their dimensions.
(c) Building lines and easements for any rights-of-way provided for
public use, services or utilities, with figures showing their
dimensions.
(d) All dimensions, both linear and angular, necessary for locating
lots , tracts, or parcels of ground, streets , alleys and easements
and the boundaries of the subdivision; the linear dimensions are
to be expressed in feet and one hundredths (1/100) of a foot.
(e) Radii , arc dimensions , points of tangency, central angles and
curve data for all curves.
(f) The location of all permanent monuments set in the subdivision.
(g) Name of the subdivision, location and extent of property subdivi-
ded, points of the compass, scale of the plat, date and name of
the land surveyor platting the tract.
(h) Certification under seal by a land surveyor, licensed under the
laws of Iowa, to the effect that the plat represents a survey
made by him and that all necessary survey monuments are correctly
shown thereon.
(i ) Where private restrictions appear on a separate instrument, refer-
ence to such instrument shall be made on the plat.
(j ) Certificate of Survey.
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SECTION 6. DEFINITIONS
6.1 Usage
(1 ) For the purpose of these regulations, certain numbers , abbreviations ,
terms, and words used herein shall be used, interpreted, and defined
as set forth in this section.
(2) Unless the context clearly indicates to the contrary, words used in
the present tense include the future tense; words used in the plural
number include the singular; the word "herein" means "in these regu-
lations" ; the word "regulations" means "these regulations".
(3) A "person" includes a corporation, a partnership, and an incorporated
association of persons such as a club; "shall " is always mandatory;
a "building" or "structure" includes any part thereof; "used" or
"occupied" as applied to any land of building shall be construed to
include the words "intended, arranged, or designed to be used or
occupied".
6.2 Words and Terms Defined
Abutting. Having property or district lines in common.
Adjacent. Nearby, not distant, may or may not have common property or dis-
trict lines.
Alley. A public or private right-of-way primarily designed to serve as
secondary access to the side or rear of those properties whose principal
frontage is on some other street.
Applicant. The owner of land proposed to be subdivided of his representative.
Consent shall be required from the legal owner of the premises.
Backage Street. Any street to be constructed by the developer or any existing
street on which development is designed to take place on both sides.
Block. A tract of land bounded by streets, or by a combination of streets
and public parks, cemeteries, railroad rights-of-way, shorelines of waterways,
or boundary lines of municipalities.
Block Length. The length of a block measured at the right-of-way lines and
at right angles to its width. If the width and length of the block are not
equal in distance, the length shall be considered to be the greater of the
two.
Block Width. The width of a block measured at the right-of-way lines and at
right angles to its length. If the width and length of the block are not
equal in distance, the width shall be considered to be the lesser of the two.
Bond. Any form of security including a cash deposit, surety bond, collateral ,
property, or instrument of credit in an amount and form satisfactory to the
City Attorney. All bonds shall be approved by the City Council wherever a
bond is required by these regulations.
Building. Any structure built for the support, shelter, or enclosure of per-
sons, animals, chattels, or movable property of any kind, and include any
structure.
_ Capital Improvements Program. A proposed schedule of all future projects
listed in order of construction priority together with cost estimates and the
anticipated means of financing each project. All major projects requiring
the expenditure of public funds, over and above the annual local governments
operating expense, for the purchase, construction, or replacement of the
physical assets for the community are included.
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Central Water System. A private water company formed by a developer to
serve a new community development in an outlying area. It includes water
treatment and distribution facilities.
Central Sewerage System. A community sewer system including collection
and treatment facilities established by the developer to serve a new sub-
division in an outlying area.
Collector Roads. A road intended to move traffic from local roads to
secondary arterials. A collector road serves a neighborhood or large
subdivisions and should be designed so that no residential properties
face onto it.
Comprehensive Plan. A plan for development of the City, prepared and
adopted by the Plan and Program Commission, pursuant to State Law and
including any part of such plan separately adopted and any amendment to
such plan, or parts thereof.
Construction Plan. The maps or drawing accompanying a subdivision plat
and showing the specific location and design of improvements to be instal-
led in the subdivision in accordance with the requirements of the Plan and
Program Commission as a condition of the approval of the plat.
Cul-de-sac. A local street with only one outlet and having an appropriate
terminal for the safe and convenient reversal of traffic movement.
Developer. The owner of land proposed to be subdivided or his representa-
tive. Consent shall be required from the legal owner of the premises.
Depth. The mean horizontal distances between the front and rear lot lines.
In the case of a corner lot, the lot depth is the greater of the mean hori-
zontal distances between the front lot lines and the respective side lot
line opposite each.
Easement. Authorization by a property owner for the use by another, and
for a specified purpose, of any designated part of his property.
Escrow. A deposit of cash with the local government in lieu of an amount
required and still in force on a performance or maintenance bond. Such
escrow funds shall be deposited by the City in a separate account.
Final Plat. The map or plan or record of a subdivision and any accompany-
ing material , as described in these regulations.
Flexible Zoning. Zoning which permits uses of land and density of build-
ings and structures different from those which are allowed as of right
within zoning district in which the land is situated. Flexible zoning
applications shall include, but not be limited to, all special permits
and special uses, planned unit developments, group housing projects , com-
munity unit projects , average density or density zoning projects.
Floodway. The channel of a river or other watercourse and the adjacent
portion of the flood plain that must be reserved in order to discharge the
100-Year Flood without cumulatively increasing the water surface elevation
more than one (1 ) foot at any point assuming equal conveyance reduction
outside the channel from the two (2) sides of the flood plain.
Floodway Fringe. That area of the flood plain outside of the floodway,
that on the average is likely to be flooded once every one hundred (100)
years (i .e. , that has a one percent (1%) chance of flood occurence in any
one year) .
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Frontage. The side of a lot abutting on a street or way and ordinarily
regarded as the front of the lot, but it shall not be considered as the
ordinary side of a corner lot.
Frontage Street. Any street which separates a development from a major
street and which does not have developments occurring between the two
streets.
Grade. The slope of a road, street or other public way, specified in
percentage terms.
Health Department and Health Officer. The agency and person designated
by the City Council to administer the health regulations of the City.
High Density. Those residential zoning districts in which the density
is equal to or greater than one (1 ) dwelling unit per six thousand (6,000)
square feet.
Highway, Limited Access. A freeway, or expressway, providing a trafficway
for through traffic, in respect to which owners or occupants of abutting
property on lands and other persons have no legal right to access to or
from the same, except at such points and in such manner as may be deter-
mined by the public authority having jurisdiction over such trafficway.
Improvements. See Lot Improvements or Public Improvements.
Individual Sewage Disposal System. A septic tank, seepage tile sewage
disposal system, or any other approved sewage treatment device.
Joint Ownership. Joint ownership among persons shall be construed as the
same owner; "constructive ownership" for the purpose of imposing subdivi-
sion regulations.
Local Road. A road intended to provide access to other roads from indivi-
dual properties and to provide right-of-way beneath it for sewer, water and
storm drainage pipes.
Lot. A tract, plot, or portion of a subdivision or other parcel of land
intended as a unit for the purpose, whether immediate or future, of trans-
fer of ownership or for building development.
- Lot, Corner. A lot situated at the intersection of two (2) streets , the
interior angle of such intersection not exceeding one hundred thirty-five
(135) degrees.
Lot Improvement. Any building, structure, place, work of art, or other
object, or improvement of the land on which they are situated constituting
a physical betterment of real property, or any part of such betterment.
Certain lot improvements shall be properly bonded as provided in these regu-
lations.
Low Density. Those residential zoning districts in which the density is
equal or less than one (1 ) dwelling unit per forty thousand (40,000) square
feet.
Lowest Water Entry Level . Means the elevation of a building or building
- complex, below which the structure is designed and constructed to withstand
the seepage or passage of water into the structure and to withstand the
hydrostatic pressure of an elevated water table consistent with the Iowa
Natural Resources Council Administrative Code.
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Major Subdivision. All subdivisions not classified as minor subdivision,
including any size subdivision requiring any new street or extension of
the local government facilities, or the creation of any public improve-
ments.
Master Plan. See Comprehensive Plan.
Medium Density. Those residential zoning districts in which the density
is between six thousand (6,000) and forty thousand (40,000) square feet
per dwelling unit.
Minor Subdivision. Any subdivision fronting on an existing street, not
involving any new street or road, or the extension of municipal facilities,
or the creation of any public improvements, and not adversely affecting
the remainder of the parcel or adjoining property, and not in conflict
with any provision or portion of the Comprehensive Plan, Official Map,
Zoning Ordinance, or these regulations.
Non-Residential Subdivision. A subdivision whose intended use is other
than residential , such as commercial or industrial . Such subdivision shall
comply with the applicable provisions of these regulations.
Off-Site. Any premises not located within the area of the property to be
subdivided, whether or not in the same ownership of the applicant for sub-
division approval .
Official Map. The map established by the City of Waterloo pursuant to law
showing the streets , highways , and parks , and drainage systems and setback
lines theretofore laid out, adopted and established by law, and any amend-
ments or additions thereto adopted by the City of additions thereto resul-
ting from the approval of subdivision plats by the Plan and Program Commis-
sion and the subsequent filing of such approved plats.
Ordinance. Any legislative action, however denominated, of a local govern-
ment which has the force of law, including any amendment or repeal of any
ordinance.
Overall Development Plan. A plan for the entire property owned by the
developer indicating the general layout of streets, lots , etc.
Owner. Any person, group of persons, firm or firms, corporation or cor-
porations, or any other legal entity having legal title to or sufficient
proprietary interest in the land sought to be subdivided under these reg-
ulations.
Perimeter Street. Any existing street to which the parcel of land to be
subdivided abuts on only one (1 ) side.
Plan and Program Commission. The City of Waterloo's Plan and Program Com-
mission established in accordance with City Ordinance, as amended.
Preliminary Plat. The preliminary drawing or drawings, described in these
regulations, indicating the proposed manner or layout of the subdivision
to be submitted to the Plan and Program Commission and City Council for
approval .
Primary Arterial . A road intended to move through traffic to and from such
major attractors as central business districts, regional shopping centers ,
colleges and/or universities, military installations, major industrial _
areas , and similar traffic generators within the governmental unit; and/or
as a route for traffic between communities or large areas.
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Public Improvement. Any drainage ditch, roadway, parkway, sidewalk, pedes-
trianway, tree, lawn, off-street parking area, lot improvement, or other
facility for which the local government may ultimately assume the responsi-
bility for maintenance and operation, or which may affect an improvement
for which local government responsibility is established. All such improve-
., ments shall be properly bonded.
Registered Engineer. An engineer properly licensed and registered in the
State of Iowa.
Registered Land Surveyor. A land surveyor licensed and registered in the
State of Iowa.
Resubdivision. A change in a map of an approved or recorded subdivision
plat if such change affects any street layout on such map or area reserved
thereon for public use, or any lot line; or if it affects any map or plan
legally recorded prior to the adoption of any regulations controlling sub-
- divisions.
Right-of-way. A strip of land occupied or intended to be occupied by a
_ street, crosswalk, railroad, road, electric transmission line, oil or gas
pipeline, water main, sanitary or storm sewer main, shade trees , or for
another special use. The usage of the term "right-of-way" for land platting
purposes shall mean that every right-of-way hereafter established and shown
on a final plat is to be separate and distinct from the lots or parcels
adjoining such right-of-way and not included within the dimensions or areas
of such lots or parcels. Rights-of-way intended for streets, crosswalks ,
water mains, sanitary sewers , storm drains, shade trees , or any other use
involving maintenance by a public agency shall be dedicated to public use
by the maker of the plat on which such right-of-way is established.
Roads, Classification. For the purpose of providing for the development of
the streets, highways, roads, and rights-of-way in the governmental unit,
and for their future improvement, reconstruction, realignment, and neces-
sary widening, including provision for curbs and sidewalks, each existing
street, highway road, and right-of-way, and those located on approved and
final plats, have been designated on the Official Map of the local govern-
ment and classified therein. The classification of each street, highway,
road, and right-of-way is based upon its location in the respective zoning
districts of the local government and its present and estimated future
traffic volume and its relative importance and function as specified in
the Comprehensive Plan of the local government. The required improvements
shall be measured as set forth for each street classification on the Offi-
cial Map.
Road, Dead-End. A road or a portion of a street with only one (1 ) vehicu-
lar traffic outlet.
Road Right-of-Way Width. The distance between property lines measured at
right angles to the center lines of the street.
Sale or Lease. Any immediate or future transfer of ownership, or any
possessory interest in land, including contract of sale, lease, devise,
estate succession, or transfer, of an interest in a subdivision or part
thereof, whether by metes and bounds, deed, contract, plat, map, lease,
devise, estate succession, or other written instrument.
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Same Ownership. Ownership by the same person, corporation, firm, entity,
partnership, or unincorporated association; or ownership by different
corporations, firms, partnerships, entities, or unincorporated associations,
in which a stockholder, partner, or associate, or a member of his family
owns an interest in each corporation, firm, partnership, entity, or unincor-
porated association.
Secondary Arterial . A road intended to collect and distribute traffic in a
manner similar to primary arterials, except that these roads service minor
traffic generating areas such as community-commercial areas, primary and
secondary educational plants, hospitals, major recreational areas , churches,
and offices , and/or designed to carry traffic from collector streets to the
system of primary arterials.
Setback. The distance between a building and the street line nearest there-
to.
Street. See Road.
Subdivider. Any person who (1 ) having an interest in land, causes it, dir-
ectly or indirectly, to be divided into a subdivision, or who (2) directly
or indirectly sells, leases, or develops, or offers to sell , lease or dev-
elop, or advertise for sale, lease, or development, any interest, lot, parcel
site, unit, or plat in a subdivision, or who (3) engages directly or through
an agent in the business of selling, leasing, developing, or offering for
sale, lease, or development of a subdivision or any interest, lot, parcel ,
site, unit, or plat in a subdivision, and who (4) is directly or indirectly
controlled by, or under direct, or indirect common control with any of the -
foregoing.
Subdivision. Any land, vacant or improved, which is divided or proposed to
be divided into three (3) or more lots , parcels, sites, units, plots, or
interests for the purpose of offer, sale, or development, either on the
installment plan or upon any and all other plans, terms and conditions,
including resubdivision. Subdivision includes the division or development
of residential and non-residential zoned land, whether by deed, metes and
bounds description, devise, intestacy, map, plat, or other recorded instru-
ment.
Subdivision Agent. Any person who represents, or acts for or on behalf of,
a subdivider or developer, in selling, leasing, or developing, or offering
to sell , lease, or develop any interest, lot, parcel , unit, site or plat in
a subdivision, except an attorney-at-law whose representation of another
person consists solely of rendering legal services.
Subdivision, Major. See Major Subdivision.
Subdivision, Minor. See Minor Subdivision.
Subdivision Plan. The final map or drawing, described in these regulations ,
on which the subdivider's plan of subdivision is presented to the Plan and
Program Commission for approval and which, if approved, may be submitted to
the County Clerk or Recorder of Deeds for filing.
Temporary Improvement. Improvements built and maintained by a subdivider
during construction of the subdivision and prior to release of the perfor-
mance bond.
Utilities, Public (Municipal ) . Includes such services as sanitary sewer,
water and storm sewer as well as other services normally provided for by
a municipality.
-37-
Utilities, Quasi-Public. Includes such services as electricity, telephone
and cable television as well as other similar services provided by others
than local government.
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111110
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Passed and adopted this Twentieth day of November, 1978.
C
Mayor Leo P. Rooff
ATTEST:
—4c r It
Katherine Gibbs , City Clerk
Passed first reading on October 16, 1978
Passed second reading on October 23, 1978
Passed third reading on November 6, 1978
Adopted, following public hearing on
November 20, 1978
Published in the Waterloo Daily Courier on November 24, 1978.
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