CITY OF SWISHER, IOWA

 

SUBDIVISION REGULATIONS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER 166

SUBDIVISION REGULATIONS

166.01  Short Title and Purpose

166.17  Plat To Conform To Community Development

166.02  Application

Plans and Design Standards

166.03  Recording of Plat

166.18  Street Standards

166.04  Fees Established

166.19  Block and Lot Standards

166.05  Penalties

166.20  Parks and Open Space

166.06  Building Permit To Be Denied

166.21  Nonresidential Subdivisions

166.07  Definitions

166.22  Procedures and Submission Requirements for Plats

166.08  Improvements Required

166.23  Requirements of the Preliminary Plat

166.09  Urban Renewal Area Exception

166.24  Procedures For Review of Preliminary Plats

166.10  Inspection

166.25  Duration of Approval of Preliminary Plat

166.11  Minimum Improvements

166.26  Authorization To Install Improvements

166.12  Easements Required

166.27  Completion and Acceptance of Improvements

166.13  Maintenance Bond Required

166.28  Requirements of the Final Plat

166.14  Minimum Standards Prescribed

166.29  Waivers and Exceptions

166.15  Land Suitability

166.30  Changes and Amendments

166.16  Lands Subject To Flooding

 

166.01    SHORT TITLE AND PURPOSE.  This chapter shall be known as the “Subdivision Ordinance” of the City of Swisher, Iowa.  The purpose of this chapter is to provide minimum standards for the design, development and improvement of all new subdivisions of land, so that existing land uses will be protected, and so that adequate provisions are made for public facilities and services, and so that growth occurs in an orderly manner, consistent with the general planning of the community and to promote the public health, safety and general welfare of the citizens of the City of Swisher, Iowa.

166.02    APPLICATION.  Every owner of any tract or parcel of land who has subdivided or shall hereafter subdivide or plat said tract or parcel into two (2) or more parts, (excepting acquisition plans as defined herein) for the purpose of laying out an addition, subdivision, building lot, or lots, acreage or suburban lots within the City or within the area of the Fringe Area Policy Agreement with Johnson County, Iowa, shall cause plats of such area to be made in the form, and containing the information, as hereinafter set forth before selling any lots herein contained or placing the plat on record.  Section 354.9 of the Code of Iowa and the Fringe Area Policy Agreement with Johnson County, Iowa, grants the City of Swisher the authority to review said proposed subdivisions outside the city limits.

166.03    RECORDING OF PLAT.  No subdivision plat or street dedication within the City of Swisher, Iowa, or within the area of the Fringe Area Policy Agreement shall be filed for record with the County Recorder, or recorded by the County Recorder, until a final plat of such subdivision, or street dedication has been reviewed and approved in accordance with the provisions of this chapter.  Upon the approval of the final plat by the City Council, it shall be the duty of the subdivider to immediately file such plat with the County Auditor and County Recorder, as required by law.  Such approval shall be revocable after thirty (30) days, unless such plat has been duly recorded and evidence thereof filed with the City Clerk within such thirty (30) days.

166.04    FEES ESTABLISHED.  The City Council shall establish, from time to time, by resolution, fees for the review of plats.  No plat for any subdivision shall be considered filed with the City Clerk, unless and until the fees accompany said plat are paid to the City Clerk.

166.05    PENALTIES.  Any person or persons, as owner or agent, who shall dispose of or offer for sale any lot or lots within the area of jurisdiction of this chapter, until the plat thereof has been approved by the City Council, and recorded as required by law, shall forfeit and pay one hundred dollars ($100.00) to the City for each lot or part of lot sold, disposed of or offered for sale; the violator will also be subject to a simple misdemeanor and/or municipal infraction for each lot sold in violation of this provision.  Nothing contained herein shall in any way limit the City’s right to any other remedies available to the City for the enforcement of this chapter.  These remedies include, but are not limited to, the City’s ability to institute an action for injunction, mandamus or other appropriate action or proceeding to prevent any pending disposal or offer of sale, or to prevent any further disposal or offer to sale in violation of this chapter.

166.06    BUILDING PERMIT TO BE DENIED.  No building permit shall be issued for construction on any lot, parcel, or tract, where a subdivision is required by ordinance, unless and until a final plat of such subdivision has been approved and recorded in accordance with this chapter, and until the improvements required by this chapter have been accepted by the City or other provisions have been made in writing with the City regarding the completion of improvements.  A building permit may be issued without the establishment of sidewalks in place.  However, before any occupancy of the subdivided property occurs, the subdivider must install all sidewalks as required by this chapter or obtain a written waiver of the requirement from the City regarding the same.

166.07    DEFINITIONS.  For the purposes of this chapter, certain words herein shall be defined as and interpreted as follows.  Words used in the present tense shall include the future, the singular shall include the plural, the plural shall include the singular, the masculine gender shall include the feminine, the term “shall” is always mandatory, and the term “may” is permissive.

1.                  “Acquisition plat” means the graphical representation of the division of land or rights in land, created as the result of a conveyance or condemnation for right-of-way purposes by an agency of the government or other persons having the power of eminent domain.

2.                  “Aliquot part” means a fractional part of a section within the United States public land survey system.  Only the fractional parts one-half, one-quarter, one-half of one-quarter, or one-quarter of one quarter shall be considered an aliquot part of a section.

3.                  “Alley” means public property dedicated to public use primarily for vehicular access to the back or side of properties otherwise abutting on a street.

4.                  “Auditor’s plat” means a subdivision plat required by either the auditor or the assessor, prepared by a surveyor under the direction of the Auditor.

5.                  “Block” means an area of land within a subdivision that is entirely bounded by streets, railroad rights-of-way, rivers, tracts of public land, or the boundary of the subdivision.

6.                  “City Engineer” means the professional engineer registered in the State of Iowa designated as City Engineer by the City Council or other hiring authority.

7.                  “Community Development Plan” means the general plan for the development of the community that may be titled master plan, land use plan, or some other title, which plan has been adopted by the City Council.  Such “Community Development Plan” shall include any part of such plan separately adopted, and any amendment to such plan or parts thereof.

8.                  “Conveyance” means an instrument filed with a recorder as evidence of the transfer of title to land, including any form of deed or contract.

9.                  “Cul-de-sac” means a street having one end connecting to another street, and the other end terminated by a vehicular turn around.

10.             “Design Standards” means the City of Swisher, Iowa, Design Standards as adopted by resolution and as may be from time to time amended thereafter by action of the City Council.

11.             “Division” means dividing a tract or parcel of land into two parcels of land by conveyance or for tax purposes.  The conveyance of an easement, other than public highway easement, shall not be considered a division for the purpose of this chapter.

12.             “Easement” means an authorization by a property owner for another to use a designated part of his property for a specified purpose.

13.             “Flood hazard area” means any area subject to flooding by a one percent (1%) probability flood, otherwise referred to as a 100-year flood; as designated by the Iowa National Resources Council or the Federal Insurance Administration.

14.             “Flood Plain Management Ordinance” means an ordinance regulating the development of all property located within a flood plain as shown on the FEMA flood plain map for the City of Swisher.  No provision of this chapter shall vary the terms and conditions of the Flood Plain Management Ordinance.

15.             “Floodway” means the channel of a river or other watercourse and the adjacent lands that must be reserved in order to discharge the waters of a 100-year flood without cumulatively raising the waterway surface elevation more than one (1) foot.

16.             “Forty-acre aliquot part” means one-quarter of one-quarter of a section.

17.             “Fringe Area Policy Agreement” refers to the current Fringe Area Policy Agreement entered into between the City of Swisher and Johnson County regarding zoning and subdivision issues in the area around the City of Swisher as defined in that Agreement.  All applications referring the applicant to the City of Swisher shall follow the terms and provisions of this chapter and of the Zoning Ordinance unless the Fringe Area Policy Agreement specifically provides otherwise.

18.             “Government lot” means a tract, within a section, that is normally described by a lot number as represented and identified on the township plat of the United States public land survey system.

19.             “Improvements” mean changes to land necessary to prepare it for building sites including but not limited to grading, filling, street paving, curb paving, sidewalks, walk ways, water mains, sewers, drainage ways, storm water detention, utilities and other public works items and appurtenances.

20.             “Lot” means a tract of land represented and identified by number or letter designation on an official plat.

21.             “Lot, corner” means a lot situated at the intersection of two streets.

22.             “Lot, double frontage” means any lot that is not a corner lot that abuts two streets.

23.             “Metes and bounds description” means a description of land that uses distances and angles, uses distances and bearings, or describes the boundaries of the parcel by reference to physical features of the land.

24.             “Official plat” means either an auditor’s plat or a subdivision plat that meets the requirements of this chapter and has been filed for record in the offices of the Recorder, Auditor and Assessor.

25.             “Owner” means the legal entity holding title to the property being subdivided, or such representative or agent as is fully empowered to act on its behalf.

26.             “Parcel” means a part of a tract of land.

27.             “Permanent real estate index number” means a unique number or combination of numbers assigned to a parcel of land pursuant to Section 441.29 of the Code of Iowa.

28.             “Planning Commission” means the appointed commission designated by the City Council for the purpose of this chapter, and may also be the Zoning Commission, in which case such commission shall be known as the Planning and Zoning Commission.

29.             “Plat” means a map drawing, or chart on which a subdivider’s plan for the subdivision of land is presented, that he or she submits for approval and intends, in final form, to record.

30.             “Plats Officer” means the individual assigned the duty to administer this chapter by the City Council or other appointing authority.

31.             “Plat of survey” means the graphical representation of survey of one or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a registered land surveyor.

32.             “Proprietor” means a person who has a recorded interest in land, including a person selling or buying land pursuant to a contract, but excluding persons holding mortgage, easement, or lien interest.

33.             “Street” means public property, not an alley, intended for vehicular circulation.  In appropriate context the term “street” may refer to the right-of-way bounded by the property lines of such public property, or may refer to the paving installed within such right-of-way.

34.             “Street, arterial” means a street primarily intended to carry traffic from one part of the City to another, and not intended to provide access to abutting property.

35.             “Street, collector” means a street primarily designed to connect smaller areas of the community, and to carry traffic from local streets to arterial streets.

36.             “Subdivider” means the owner of the property being subdivided, or such other person or entity empowered to act on the owner’s behalf.

37.             “Subdivision” means the division of land into two or more parts for the purpose, whether immediate or future, of transfer of ownership or building development.  The term, when appropriate to the context may refer to the process of subdividing or to land subdivided.

38.             “Subdivision plat” means the graphical representation of the subdivision of land, prepared by a registered land surveyor, having a number or letter designation for each lot within the plat and a succinct name or title that is unique for the county where the land is located.

39.             “Surveyor” means a registered land surveyor who engages in the practice of land surveying pursuant to Chapter 114 of the Code of Iowa.

40.             “Tract” means an aliquot part of a section, a lot within an official plat, or a government lot.

41.             “Utilities” means the systems for the distribution or collection of water, gas, electricity, wastewater, phone and storm water.

166.08    IMPROVEMENTS REQUIRED.  The subdivider shall, at his or her expense, install and construct all improvements required by this chapter and the Design Standards of the City of Swisher, and as shown on the preliminary plat within the subdivision proper.  All required improvements shall be constructed in accordance with the aforementioned Design Standards established for such improvements and shall be reviewed by the City and the City Engineer.

166.09    URBAN RENEWAL AREA EXCEPTION.  The City may consider waiving portions of Section 166.08 if all of the following circumstances exist:

1.                  The subdivision is located within an active urban renewal area eligible for tax increment reimbursement; and

2.                  The subdivider can demonstrate how the City’s participation in cost sharing for improvements within the subdivision will achieve the goals and objectives of the urban renewal area; and

3.                  The subdivider is prepared to offer the City an infrastructure improvement, property, or service that is equal or commensurate to the City’s financial contribution and meets the stated goals and objectives of the City’s Urban Renewal Plan. 

166.10    INSPECTION.  The City Engineer shall inspect all improvements to insure compliance with the requirements of this chapter.  The cost of such inspection shall be borne by the subdivider and shall be the actual cost of the inspection to the City.

166.11    MINIMUM IMPROVEMENTS.  The improvements set forth below are considered the minimum improvements necessary to protect the public health, safety and welfare.  All of the minimum improvements mandated by this section shall be designed and constructed in accordance with the requirements of this chapter, the Swisher Design Standards, and the minimum requirements of all applicable State or Federal regulatory agencies or departments.  The subdivider must provide evidence of any and all construction permits, highway or road easements and access, or other appropriate documentation from private entities, and State or Federal regulatory agencies prior to approval of the final plat.  Easements from and for all utility companies will also be required.  The City reserves the right to request changes to a proposed subdivision that may exceed the minimum municipal capacities for streets, sewer, water, or other services to project the needs as defined in the current Land Use Plan.  The City and the City Engineer shall determine said additional needs or future capacity requirements.  Developments must adhere to the current Future Land Use Plan for meeting ultimate growth and meet all zoning requirements passed by resolution of the City Council. 

1.                  Streets in General.  The subdivider of land being subdivided shall provide the grading of the entire street right-of-way, alley or public place and provide appropriate paving, including curb and gutter on all streets.  All streets shall be constructed in compliance with this chapter and the City of Swisher Design Standards.

A.        Under all circumstances the City shall require, as a condition for approval of the plat, dedication and at the subdivider’s expense, improvement of a street system that may have a width greater than necessary to meet the needs of the platted area, but necessary to complete the City street system as it relates to both the area being platted and designated use to meet the goals as outlined in the current Future Land Use Plan.  The streets with right-of-way shall, upon final approval and acceptance by the City, become the property of the City. 

2.         Sanitary Sewer System in General.  The subdivider of the land being platted shall make adequate provision for the disposal of sanitary sewage from the platted area, with due regard being given to present or foreseeable future needs.  There shall be constructed, at the subdivider’s expense, a sanitary sewer system including all necessary pumping stations, pumping equipment, sewer access manholes, service lines and all other necessary or desirable appurtenances to provide for the discharge of sanitary sewage from all lots or parcels of land within the platted area to a connection with the City’s existing sanitary sewer system.  The City’s role in reviewing the plans is to determine the sanitary sewer’s placement, size, route, and including the point of connection to the existing system.  The sanitary sewer system shall be constructed in compliance with this chapter and the City of Swisher Design Standards.

A.                 Under all circumstances the City will require, as a condition for approval of the plat, installation of a sanitary sewer that is larger than necessary to meet the needs of the platted area, but necessary to complete the City’s sanitary sewer system as it relates to both the area being platted and the intended service areas required to be served as outlined within the current Future Land Use Plan.

B.                 The City’s inability to efficiently collect or treat wastewater may be grounds for rejection of a proposed subdivision.  A proportional fee may be requested by the City, from the subdivider, to pay for the necessary upgrades in the existing sewer system.

C.                 The sewer system improvements shall, upon inspection, after approval and acceptance by the City, become the property of the City.

D.                The subdivider must provide evidence of construction permits from the Iowa Department of Natural Resources prior to construction and approval of the final plat. 

3.         Storm Sewer/Storm Water Management System in General.  The subdivider of land being platted shall install and construct a storm sewer/storm water management system adequate to serve the platted area.  The storm sewer/storm water management system shall be constructed in compliance with this chapter and the City of Swisher Design Standards.

A.                 Under some circumstances the City may require, as a condition for approval of the plat, installation, at the subdivider’s expense, of a storm sewer/storm water management system that is larger than necessary to meet the minimum needs of the platted area, but necessary to complete the City total storm sewer system as it relates to both the area being platted and tributary areas as designated within the current Future Land Use Plan. 

B.                 Where existing conditions exist or where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Council may withhold approval of the subdivision until provision has been made for the recovery of the cost for the improvement of said potential condition in such sum as the City Council shall determine.  No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.

C.                 The subdivider must document that adequate storm water management detention is included in the storm sewer design as per the Design Standards.  All storm water management detention facilities shall be included within the platted area.

D.                The storm sewers shall, upon inspection, approval and acceptance by the City, become the property of the City.  However, the City will not own any detention basin or other storage facility and shall require written provisions for the maintenance of each facility from the subdivider.

4.         Water System in General.  The subdivider of land being platted shall install and construct a water system, at the subdivider’s expense, to adequately serve all lots or parcels of land within the platted area, with due regard to the present and design year needs of the entire platted area.  The water mains, valving and service lines shall be constructed in compliance with the City of Swisher Design Standards.  (Source and Storage requirements are to be designed according to the Iowa Department of Natural Resources, or Johnson County, when applicable.)

A.                 The subdivider shall construct one complete system to serve all lots or tracts within the platted area.  When applicable, such system shall meet all Iowa Department of Natural Resources criteria for a “public” system.  The subdivider shall install adequate water facilities, to include hydrants and system valving that shall be subject to City review.

B.                 Under all circumstances the City will require, as a condition for approval of the plat, installation of water mains that are larger than necessary to meet the needs of the platted area, but necessary to plan for the City’s future water system needs, and as it relates to both the area being platted and the current Future Land Use Plan.

C.                 When applicable, all Iowa Department of Natural Resources permits must be secured prior to construction and approval of the final plat.

D.                All water mains and lines shall be placed within utility easements located adjacent to the platted right-of-ways or property lines.  If it becomes necessary to replace, relocate, or maintain these water mains in the future, any damage within the public right-of-way, will be at the expense of the utility owner.

E.                 All water mains installed shall be extended from and to the edge of subdivision to accommodate some future City’s water system connection.

5.         Other Improvements:  The owners and/or subdivider of the land being platted shall be responsible, at their expense, for the installation of sidewalks within the street area; mid-block pedestrian walks between lots; the installation of erosion control measures; and the installation of street lighting.  All such improvements shall be under the direction of the City Engineer.  All improvements shall be constructed in compliance with the provisions of the City of Swisher Design Standards.

166.12    EASEMENTS REQUIRED.

1.         Public Utilities.  The flexible placement of easements for public utilities shall be allowed; however, such placement shall be subject to the review of the governing body and all applicable utility companies prior to approval of the final plat.  All utilities to serve each lot shall be placed in a common easement.  Said easements shall be at least ten (10) feet in width.  Easements of greater width may be required along lot lines, or across lots when necessary for the placement and maintenance of utilities.  No buildings or structures, except as necessary for utilities, shall be permitted on such easements.

2.         Easements Along Streams and Watercourses.  Wherever any stream or surface watercourse is located in an area that is being subdivided, the subdivider shall, at the subdivider’s own expense, make adequate provisions for the proper drainage of surface water and shall provide and dedicate to the City an easement equal to the floodway along said stream or watercourse to ensure the proper maintenance of the watercourse, as approved by the City.

166.13    MAINTENANCE BOND REQUIRED.  The owner and/or subdivider of the land being platted shall be required to provide to the City proper maintenance bonds satisfactory to the City.  Bond duration is defined within the Design Standards for street, sanitary sewer and storm sewer improvements.  The City may, at its sole discretion, accept alternative sureties to maintenance bonds to insure the workmanship of the improvements accepted by the City.

166.14    MINIMUM STANDARDS PRESCRIBED.  The standards set forth in this chapter and those contained in the Design Standards shall be considered the minimum standards necessary to protect the public health, safety, and general welfare.  These standards should also be considered in accordance with the requirements of applicable State and Federal agencies.  In the event that the City’s minimum standards should conflict with applicable State and Federal requirements, the State and Federal requirements shall prevail.

166.15    LAND SUITABILITY.  No land shall be subdivided that is found to be unsuitable for subdividing by reason of flooding, ponding, poor drainage, adverse soil conditions, adverse geological formations, unsatisfactory topography or other conditions likely to be harmful to the public health, safety or general welfare, unless such unsuitable conditions are corrected to the satisfaction of the City.  If land is found to be unsuitable for subdivision for any of the reasons cited in this section, the City Council shall state its reasons in writing and afford the subdivider an opportunity to present data regarding such unsuitability.  Thereafter, the City Council may reaffirm, modify or withdraw its determination regarding such unsuitability.

166.16    LANDS SUBJECT TO FLOODING.  No subdivision containing land located in a floodway or a flood hazard area shall be approved by the City unless the land is of such size and shape that it will contain a suitable area for development as allowed by the zone in which the lot is located.  Those areas subject to flooding shall be determined by the U.S. Federal Emergency Management Agency (FEMA) flood plain map for the City of Swisher.  Land located within a “flood hazard” area or a “floodway” may be included within a plat as follows, subject to the approval of the City and appropriate regulatory agencies.

1.                  Included within individual lots in the subdivision with approved grading operations, and subject to the limitations of this section.

2.                  Reserved as open space or outlot for recreation use by all owners of lots in the subdivision, with an appropriate legal instrument, approved by the City, providing for its care and maintenance by such owners.

3.                  If acceptable to the City, dedicated to the City as public open space for recreation or flood control purposes.

166.17    PLAT TO CONFORM TO COMMUNITY DEVELOPMENT PLANS AND DESIGN STANDARDS.  The arrangement, character, extent, width, grade and location of all streets shall conform to this chapter and the City of Swisher Design Standards.  The general nature and extent of the lots and uses proposed shall conform to the Community Development Plan of the City, provided such plan has been adopted by the City; and shall conform to such other plans as the City may have adopted.  The Design Standards shall have such force and effect as if they were fully set forth herein.

166.18    STREET STANDARDS.  The City of Swisher Design Standards shall govern all standards for the construction of streets, trails, driveways, sidewalks, and alleys as provided therein unless specifically contradicted by the terms of this Subdivision Ordinance.

1.         General.  The following standards shall apply to all streets to be located within the subdivision:

A.                 Streets shall provide for the continuation of the designated “arterial,” “collector” and “local” streets from adjoining platted areas, and the extension of such streets onto adjoining unplatted areas.  Where a plat encompasses the location for an arterial or collector streets proposed in the current Future Land Use Plan, the plat shall provide for such street designations.

B.                 There shall be at a minimum of two (2) ingress/egress streets adjoining an existing platted street for each proposed platted area.

C.                 Half-streets are prohibited; except, where an existing platted half-street abuts the subdivision, a platted half-street to complete the street shall be required.

D.                Street jogs with centerline offsets of less than 125 feet shall be prohibited, except where topography or other physical conditions make such jogs unavoidable.  No street jogs on “arterial” designated street will be allowed.

E.                 Streets shall intersect as nearly at right angles as possible; and no street shall intersect any other street at less than eighty (80) degrees.

F.                  At intersections of arterial streets, and otherwise as necessary, lot corners abutting the intersection shall be rounded with a radius sufficient to provide necessary space within the right-of-way for sidewalks, traffic control devices, and other necessary improvements without encroachment onto the corner lots.

G.                Dead-end streets are prohibited, except where a street is planned to continue past the subdivider’s property, a temporary dead end may be allowed.

H.                Streets shall connect with other existing platted streets for maintenance, fire protection and circulation.  Cul-de-sacs are permitted if there are no other feasible alternatives available, and only upon City approval.

I.                    Alleys shall not be permitted in residential areas and may be required in commercial areas with normal street frontage.  Dead-end alleys are prohibited, unless provided with a turn-around with a minimum right-of-way diameter of one hundred (100) feet.

J.                   When a tract is subdivided into larger than normal lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and opening of future streets and adequate utility connections as per the current Future Land Use Plan.  Easements for the future openings and extensions for such streets or utilities may, at the discretion of the City Council, be made a requirement of the plat.

K.                Streets that are or will become extensions of existing streets shall be given the same name as the existing streets.  New street names shall not be the same or sound similar to existing street names.  All street names shall be at the approval of the City Council.

L.                 Private streets shall be prohibited.  The City Council may approve a waiver to this rule where unusual conditions make a private street desirable, provided adequate covenants or other legal documents ensure that the City will not have or need to assume any maintenance or other responsibility for such street.

2.         Railroads and Limited Access Highways.  Railroad right-of-ways and limited access highways where so located as to affect the subdivision of adjoining lands shall be treated as follows:

A.                 In all districts a buffer strip at least fifty (50) 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.  A buffer strip at least twenty (20) feet in depth in addition to the normal depth of the limited access highway.  This strip shall be part of the platted lots and shall be designated on the plat:  “This strip is reserved for screening.  The placement of structures hereon is prohibited.”

B.                 Streets parallel to the railroad when intersecting a street that crosses the railroad at grade shall, to the extent practicable, be at a distance of at least one hundred sixty (160) 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.

166.19    BLOCK AND LOT STANDARDS.  The following standards shall apply to the layout of blocks and lots in all subdivisions:

1.                  No residential block shall be longer than 900 feet or shorter than 300 feet measured from street line to street line.  The width of blocks should be arranged so as to allow two tiers of lots, with utility easements.

2.                  In blocks over 700 feet in length, the City Council may require a public way or an easement at least 10 feet in width, at or near the center of the block, for use by pedestrians.

3.                  The size and shape of lots intended for commercial or industrial use shall be adequate to provide for the use intended, and to meet the parking, loading, and other requirements for such uses contained in the Zoning Ordinance.

4.                  Lot arrangement and design shall be such that all lots will provide satisfactory building sites, properly related to topography and surrounding land uses.

5.                  All lots shall comply with all requirements of the Zoning Ordinance applicable to the zone in which the lot is located.

6.                  All lots shall abut a public street or an approved private street.

7.                  Unless approved by the City, commercial/industrial lots shall not front on or have direct access to arterial streets.  None will be permitted for residential lots.

8.                  All lot lines shall be at right angles to straight street lines or radial to curved street lines, except where, in the judgment of the City Council, a waiver of this provision will provide a better street and lot layout.

9.                  Reversed frontage lots are prohibited.  Double frontage lots shall only be permitted where abutting an arterial street.

166.20    PARKS AND OPEN SPACE.  All subdivisions shall be so designed as to meet the neighborhood park and open space needs of their residents.  The following standards and procedures will be used to determine the park and open space requirements for all proposed developments or subdivisions greater than one-half acre in size within the City of Swisher:

1.         For all developments and subdivisions, the subdivider shall be responsible for providing adequate park and open space in one or both of the following ways, depending on the decision of the City of Swisher.

A.        If it is feasible and compatible with the Community Development Plan of the City of Swisher, as determined by the City Council upon the recommendation of the Planning and Zoning Commission, the subdivider will be required to dedicate and reserve an area for parks and open space, without cost to the City.

(1)       The amount of land shall be determined by first calculating the entire size of the land area of the proposed development as shown on the preliminary plat or site plan and then to require dedication or reservation of five percent (5%) of this amount for parks and open space.

(2)       This area shall be denoted on the final plat prior to approval of the final plat.

B.        As determined by the City Council upon recommendation of the Planning and Zoning Commission, the subdivider shall, in lieu thereof, pay to the City a fee or combination of fee and land, equivalent to the value of the required dedication or reservation to be determined and used in the following manner:

(1)       The City Council, upon recommendation of the Planning and Zoning Commission, shall determine the size of the land area that it would have required to set aside for parks and open space (5% of the total land area).

(2)       The cash value of said land shall be determined by taking the total purchase price or cost of all the land in the proposed subdivision and charge the owner the proportionate value of the land area so designated; based upon such purchase price or cost; provided such purchase price or cost is the current fair and reasonable value of the land.  If such purchase price or cost does not reflect the current fair value of the land, the fair value of said land shall be determined by an impartial appraisal, and in such manner as may be designated by the City Council, cost for said appraisal to be shared equally between the subdivider and the City.

(3)       All funds so levied, assessed, and collected by the City shall be deposited in a special fund to be known as the “Special Fund for the Acquisition and Development of Public Service Areas, Open Space and Recreational Facilities,” and said funds so levied and collected shall be used for such purposes at such places and in such a manner as shall be approved, ordered and directed by a recreation committee appointed by the City Council.  Any interest accumulated upon such funds shall be added to the “Special Fund” and be used only for acquisition and developments of open space and recreational facilities.

2.         At the time of the preliminary plat approval, the City Council, upon recommendation by the Planning and Zoning Commission, shall determine whether to require a dedication of land within the subdivision or the payment of a fee, in lieu thereof, or a combination of both, from the subdivider, for parks and open space.

3.         Where a dedication is required; it shall be accomplished with a properly executed Warranty Deed dedicating the required land to the City without cost to the City.  Where a fee, in lieu of dedication is required, the fee shall be deposited with the City Clerk.  Whichever action is required, it shall be accomplished prior to the approval of the final plat.

4.         The determination by the City of whether to require dedication of land, or a fee, in lieu thereof, shall be based on the following:

A.                 Recreational element of the City’s Community Development Plan.

B.                 Topographic and geologic conditions and access and location of land in subdivision available for dedication.

C.                 Size and shape of the subdivision and land available for dedication.

D.                The relation of the subdivision to the Community Development Plan map, particularly as such plan map may show proposed public service areas, open space and recreational areas.

E.                 The character and recreational needs of the neighborhood in which the subdivision is located.

F.                  The unsuitability in the subdivision for open space and recreational purposes by reason of location, access, greater cost of development and maintenance.

G.                The possibility that land immediately adjoining the subdivision will serve in whole or in part the public service area, open space, and recreational needs of such subdivision.

H.                Any and all other information relevant to a proper determination.

The determination of the City Council as to whether land shall be dedicated or reserved or a fee shall be charged, or a combination thereof, shall be final and conclusive.

166.21    NONRESIDENTIAL SUBDIVISIONS.  The following provisions shall apply to nonresidential subdivisions in addition to other provisions within this chapter:

1.                  General.  If a proposed subdivision includes land that is used for commercial or industrial purpose, the layout of the subdivision with respect to such land may be subject to additional provisions as the City Council may require.  A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the City Council, and shall conform to the current Future Land Use Plan.

2.                  Standards.  In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the subdivider shall demonstrate to the satisfaction of the City that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity.  The following principles and standards shall be observed:

A.                 Proposed industrial or commercial parcels shall comply with the Zoning Ordinance.

B.                 Special requirements may be imposed by the City with respect to the installation of public utilities, including water, sewer, and storm water drainage.

C.                 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 necessary.

D.                Streets carrying nonresidential or domestic traffic, especially truck traffic, shall not be extended to the boundaries of adjacent existing or potential residential areas.

166.22    PROCEDURES AND SUBMISSION REQUIREMENTS FOR PLATS.

1.         Pre-Application Conference.  Whenever a subdivision located within the platting jurisdiction of the City is proposed, the owner and subdivider shall schedule a pre-application conference with the Mayor.  The conference should be attended by the Mayor and such other City or Utility representatives as is deemed desirable; and by the owner and his engineer or planner, as deemed desirable.  The purpose of such conference shall be to acquaint the City with the proposed subdivision, and to acquaint the subdivider with the requirements, procedures, and any special problems related to the proposed subdivision.

2.         Concept Plan Required.  For the pre-application requirements, the subdivider shall provide a plan or sketch showing the location of the subdivision, the general location of any proposed streets and other improvements, and the general layout and arrangement of intended land uses, in relation to the surrounding area.  The intent of this concept plan is to inform development intentions to the City.

3.         Presentation To Planning Commission.  The subdivider shall present the concept plan to the Planning and Zoning Commission for review, prior to incurring significant costs preparing the preliminary or final plat.

4.         Subdivision Classified.  Any proposed subdivision shall be classified as a “minor subdivision” or a “major subdivision.”

A.                 Minor Subdivision.  Any subdivision that contains not more than three (3) lots fronting on an existing street or private drive and does not require State permit approval for construction of any public improvements and does not adversely affect the remainder of the parcel shall be classified as a minor plat.

B.                 Major Subdivision.  Any subdivision that, in the opinion of the City Council, does not for any reason meet the definition of a minor subdivision shall be classified as a major subdivision.

5.         Plats Required.  The owner and subdivider of any major subdivision shall comply with the requirements for a preliminary plat and separate requirements for a final plat.  The owner and subdivider of a minor subdivision may elect to combine the requirements of the preliminary and final plats into a single document.

166.23    REQUIREMENTS OF THE PRELIMINARY PLAT.  The subdivider shall prepare and file with the City Clerk twenty (20) copies of the preliminary plat, drawn at a scale of one inch equals one hundred feet (1" = 100') or larger.  Sheet size shall not exceed twenty-four inches by thirty-six inches (24" x 36").  Where more than one sheet is required, the sheets shall show the number of the sheet and the total number of sheets in the plat, and match lines indicating where other sheets adjoin.  The preliminary plat shall be clearly marked “Preliminary Plat” and shall show, or have attached thereto, the following:

1.                  Title, scale, north point and date.

2.                  Proposed name of the subdivision that shall not duplicate or resemble existing subdivision names in the county.

3.                  The name and address of the owner and the name, address and profession of the person preparing the plan.

4.                  A key map showing the general location of the proposed subdivision in relation to surrounding development.

5.                  The names and locations of adjacent subdivisions and the names of record owners and location of adjoining parcels of unplatted land.  A list of all owners of record of property located within two hundred (200) feet of the subdivision boundary shall be attached.

6.                  The location of property lines, streets and alleys, easements, buildings, utilities, watercourses, tree masses, and other existing features affecting the plat.

7.                  Existing and proposed zoning of the proposed subdivision and adjoining property and identification of Fringe Area designations where relevant.

8.                  Contours at vertical intervals of not more than two (2) feet if the general slope of the site is less than ten percent (10%) and at vertical intervals of not more than five (5) feet if the general slope is 10% or greater.

9.                  Identification of any flood plain areas and 100-year flood elevations, and the flood plain alphanumeric designation within the subdivision.

10.             The legal description of the area being platted.

11.             The boundary of the area being platted, shown as a dark line with the approximate length of boundary lines and the approximate location of the property in reference to known section lines.

12.             The layout, numbers and approximate dimensions of proposed lots.

13.             The location, width and dimensions of all streets and alleys proposed to be dedicated for public use.

14.             The proposed names for all streets in the area being platted.

15.             Present and proposed utility systems, including sanitary and storm sewers, other drainage facilities, water lines, gas mains, electric utilities, cable utilities, telephone utilities and other facilities, and their connections to existing utilities.

16.             Proposed easements, showing locations, widths, purposes and limitations.

17.             Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semi-public or community purposes, or shown for such purpose in the current Future Land Use Plan or other adopted plans.

18.             A general summary description of any protective covenants or private restrictions to be incorporated with the final plat.

19.             Any other pertinent information, as necessary.

20.             The fee, as required by this chapter.

21.             Show and identify and all future planned development within the area (phase two, phase three, etc.) under the control / option / ownership / intention of the subdivider.  Failure to completely identify all proposed development segments/phases/parts, etc in the subdivision area will be grounds for rejecting the plat.

166.24    PROCEDURES FOR REVIEW OF PRELIMINARY PLATS.

1.                  The City Clerk, upon receipt of twenty (20) copies of the preliminary plat, shall file one copy in the records of the City, shall retain one copy for public inspection, and shall forward the remaining copies of the plat as provided herein.

2.                  The City Clerk shall provide copies of the plat to the City Engineer, to the City Attorney, and such other persons as necessary to review the plat; and shall schedule the plat for consideration by the Planning and Zoning Commission.

3.                  The Planning and Zoning Commission shall examine the plat and the reports of the City Engineer and City Attorney, and such other information, as it deems necessary or desirable, to ascertain whether the plat conforms to the ordinances of the City, and conforms to the Community Development Plan and other duly adopted plans of the City.  The Planning Commission shall, within forty-five (45) days of the filing of the plat with the City Clerk, forward a report and recommendation regarding the plat to the City Council.  If such recommendation is to disapprove or modify the plat, the reasons therefore shall be set forth in writing in the report, and a copy of the report and recommendation shall be provided to the subdivider.

4.                  The City Council shall examine the plat, the reports of the City Engineer and City Attorney, the report of the Planning Commission, and such other information, as it deems necessary or desirable.  Upon such examination, the City Council shall ascertain whether the plat conforms to the ordinances and standards of the City, conforms to the Community Development Plan and other duly adopted plans of the City, and will be conducive to the orderly growth and development of the City; in order to protect the public health, safety, and welfare.  Following such examination, the City Council may approve, approve subject to conditions, or disapprove the plat.  If the decision of the City Council is to disapprove the plat, or to approve the plat subject to conditions, the reasons therefore shall be set forth in writing in the official records of the City Council, and such decisions shall be provided to the subdivider.  Action on the preliminary plat by the City Council shall be taken within sixty (60) days of the filing of the plat with the City Clerk.

166.25    DURATION OF APPROVAL OF PRELIMINARY PLAT.  The approval of a preliminary plat by the City Council shall be valid for a period of one (1) year from the date of such approval; after which such approval shall be void, and the subdivider shall take no action requiring the precedent approval of a preliminary plat except upon application for and approval of an extension of such period of validity, by the City Council.

166.26    AUTHORIZATION TO INSTALL IMPROVEMENTS.  The approval of the preliminary plat shall constitute authorization by the City Council for the preparation of construction plans, documents, permits for the installation of improvements as required by this chapter, and as shown in general conformity with the approved preliminary plat.  No such improvements shall be constructed or installed until the detailed plans, specifications, etc. for the construction of such improvements have been submitted to, and approved in writing by, the City Engineer; and all necessary permits have been issued from the appropriate Local, State and Federal agencies (i.e., IDNR, IDOT, Johnson County, etc.); and all utility easements are obtained from any private entity.  The City shall have a copy of all such documents in their possession prior to construction.

166.27    COMPLETION AND ACCEPTANCE OF IMPROVEMENTS.  Before the City Council will approve the final plat, all of the foregoing improvements shall be constructed and accepted by formal resolution of the City Council.  Before passage of said resolution of acceptance, the City Engineer shall report that said improvements meet all City specifications and ordinances; and the City Attorney shall report that all filing documents and agreements between the subdivider and the City have been completed and constitute acceptance.

166.28    REQUIREMENTS OF THE FINAL PLAT.  The subdivider shall, within one (1) year from the date of approval of the preliminary plat, unless such time period has been extended, prepare and file with the City Clerk, twenty (20) copies of the final plat and required attachments, as set forth in this chapter.  Except for a final plat for a minor subdivision as set forth herein, no final plat shall be considered by the City Council until and unless a preliminary plat for the area included in the proposed final plat has been approved and has not expired and become void as set forth above.  Copies of the final plat shall be distributed to the City Engineer and the City Attorney for their review, and upon completion of same, the City Engineer and City Attorney shall report the findings of their review to the City Council for its consideration regarding acceptance of the final plat by resolution.  All resolutions approving final plats shall be recorded by the subdivider, with copies of the recorded documents to be provided to the City Attorney.  The final plat shall be drawn at a scale of one-inch equals one hundred feet (1" = 100') or larger.  Sheet size shall be no greater than eighteen inches by twenty-four inches (18" x 24") or smaller than eight and one-half inches by eleven inches (8-1/2" x 11") and shall be of a size acceptable to the County Recorder/Auditor.  If more than one sheet is used, each sheet shall clearly show the number of the sheet, the total number of sheets included in the plat, and match lines indicating where other sheets adjoin.  The final plat shall be clearly marked “Final Plat” and shall show the following:

1.                  The name of the subdivision.

2.                  Name and address of the owner and subdivider.

3.                  Scale, and a graphic bar scale, north arrow and date on each sheet.

4.                  All monuments to be of record, as required by Chapter 355, Code of Iowa.

5.                  Sufficient survey data to positively describe the bounds of every lot, block, street, easement, or other area shown on the plat, as well as the outer boundaries of the subdivided lands.

6.                  All distance, bearing, curve, and other survey data, as required by Chapter 355, Code of Iowa.

7.                  All adjoining properties shall be identified, and where such adjoining properties are a part of a recorded subdivision, the name of the subdivision shall be shown.  If the subdivision platted is part of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made. 

8.                  Street names and clear designation of any public alleys or private streets.

9.                  Block and lot numbers.

10.             Accurate dimensions for any property to be dedicated or reserved for public use, and the purpose for which such property is dedicated or reserved for public use.

11.             The purpose of any easement shown on the plat shall be confined to only those easements pertaining to public utilities including gas, power, telephone, cable television, water, sewer; easements for trails, bikeways, ingress and egress; and such drainage easements as are deemed necessary for the orderly development of the land encompassed within the plat.

12.             All interior excepted parcels, clearly indicated and labeled, “not a part of this plat.”