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LAND SUBDIVISION REGULATIONS
CITY OF WAUKEE, IOWA
AN ORDINANCE ESTABLISHING COMPREHENSIVE LAND SUBDIVISION
REGULATIONS FOR THE CITY OF WAUKEE, IOWA, AND PROVIDING FOR THE
ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, AND FOR THE
REPEAL OF CHAPTER 303 OF THE MUNICIPAL CODE AND ALL ORDINANCES IN
CONFLICT THEREWITH.
WHEREAS, the City Council deems it necessary for the purpose of promoting the health, safety,
morals, and general welfare of the City of Waukee to enact such an ordinance, and
WHEREAS, the Planning and Zoning Commission has made a preliminary report and submitted its
final report to the City Council, and
WHEREAS, the City Council has given due public notice of hearings related to land subdivision
regulations, and restrictions, and has held such public hearing;
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,
IOWA:
CHAPTER 303
An ordinance providing rules, regulations and standards to guide land subdivision in Waukee, Iowa.
ARTICLE 1
Title
'303.1. This ordinance shall be known, cited and referred to as AThe Land
Subdivision Regulations of the City of Waukee, Iowa.@
ARTICLE II
Purpose and Jurisdiction
'303.2.Purpose and Jurisdiction. The purpose of this ordinance is to provide
regulations and standards to guide land subdivision in the City of Waukee and in the area within two
(2) miles of any city limit line of Waukee in order to promote the public health, safety, convenience
and general welfare of the municipality. It shall be administered to insure the orderly growth and
development and to insure adequate provision for circulation, utilities and services. To these ends
the City of Waukee hereby adopts the provisions and the restrictions of Section 354.9, Code of Iowa,
as amended, and the same is hereby incorporated herein by this reference.
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ARTICLE III
Subdivision Plat Required
'303.3. A subdivision plat shall be made when a tract of land is subdivided by
repeated division or simultaneous division into three or more parcels, any of which are described by
metes and bounds description for which no plat of survey is recorded. A subdivision plat is not
required when land is divided by conveyance to a governmental agency for public improvements.
'303.4. A subdivision plat shall have succinct name or title that is unique, as approved
by the auditor, for the county in which the plat lies. The plat shall include an accurate description of
the land included in the subdivision and shall give reference to two section corners within the United
States public land survey system in which the plat lies or, if the plat is a subdivision of any portion of
an official plat, two established monuments within the official plat. Each lot within the plat shall be
assigned a progressive number or letter designation approved by the County Auditor. Streets, alleys,
parks, open areas, school property, other areas of public use, or areas within the plat that are set aside
for future development shall be assigned a progressive letter and shall have the proposed use clearly
designated. A strip of land shall not be reserved by the Subdivider unless the land is of sufficient
size and shape to be of practical use or service as determined by the governing body. Progressive
block numbers or letters may be assigned to groups of lots separated from other lots by streets or
other physical features of the land. The surveyor shall not assign lot numbers or letters to a lot
shown within a subdivision plat unless the lot has been surveyed by the surveyor in compliance with
Chapter 355 Code of Iowa, as amended. The county auditor may note a permanent real estate index
number upon each lot within a subdivision plat. Sufficient information, including dimensions and
angles or bearings, shall be shown on the plat to accurately establish the boundaries of each lot,
street, and easement. Easements necessary for the orderly development of the land within the plat
shall be shown and the purpose of the easements shall be clearly stated.
'303.5. If a subdivision plat, described as part of the United States public land survey
system and not entirely within an official plat, lies within more than one forty-acre aliquot part of a
section, the acreage shall be shown only for assessment and taxation purposes for the portion of the
subdivision that lies within each forty-acre aliquot part of the section. The area of the irregular lots
within the plat shall be shown and may be expressed in either acres, to the nearest one-hundredth
acre, or square feet, to the nearest ten square feet. The surveyor shall not be required to establish the
location of a forty-acre 1/4 section line (1/4 of 1/4 section) by survey but is required to use
reasonable assumption in determining its approximate location for assessment and taxation purposes.
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ARTICLE IV
Administration
'303.6. The provisions of this ordinance shall be administered by the Planning and
Zoning Commission of the City of Waukee. Plats shall be reviewed by the Planning and Zoning
Commission, the City’s Engineer and the City Attorney after which the Commission shall submit
their recommendation and the plats to the City Council which shall have the final power to approve
or disapprove the application.
ARTICLE V
Definitions
'303.7. For the purpose of this ordinance the language used herein shall be in
accordance with the following rules:
A. The singular number shall include the plural and the plural, the singular.
B. The use of the present tense shall include the past and future tenses, and the future
shall include the present.
C. The word Ashall@ is mandatory, the word Amay@ is permissive, and the word
Ashould@ is suggestive.
D. The word Abuilding@ shall include the word Astructure@.
E. The word AEngineer@ shall, unless otherwise modified, mean City Engineer.
F. The word Aspecifications@ or Astandard specifications@ shall refer to the City of
Waukee, Iowa - Standard Specifications adopted by the City Council and on file with
the City Clerk.
'303.8. For the purpose of this ordinance, all words shall carry their customary
meanings, except as specifically defined hereafter:
A. Acquisition Plat. 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.
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B. Aliquot Part. 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.
C. Administrative Officer. The City Official appointed by the City Council to assist
with the administration of this ordinance, who shall be responsible for issuance of
building permits.
D. Alley. Right-of-Way providing a secondary means of access to the side or rear of
those properties whose principal frontage is on some other street.
E. Arterial Street. A public right-of-way with a high degree of continuity which serves
the movement of large volumes of traffic between various districts as designated in
the Comprehensive Plan.
F. Auditor=s Plat. A subdivision plat required by either the auditor or the assessor,
prepared by a surveyor under the direction of the auditor.
G. Building Line. A line designating the allowable proximity of a building to an
adjacent street, alley or property line.
H. Collector Street. A street which carries traffic from minor streets to an arterial,
including the principal entrance streets of a residential development and streets for
basic circulation within such a development as designated in the Comprehensive
Plan.
I. Commission. The City’s Planning and Zoning Commission.
J. Comprehensive Plan. The current Comprehensive Plan for the development of the
City of Waukee, Iowa or any of its geographical parts, adopted by the City Council
and including any amendment to such plans or parts thereof.
K. Conveyance. An instrument filed with a recorder as evidence of the transfer of title
to land, including any form of deed or contract.
L. Cul-Des-Sac. A minor street having one open end and being permanently terminated
at the other end by a vehicular turn-around.
M. Division. 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 a public highway
easement, shall not be considered a division for the purpose of this chapter.
N. Easement. A grant by a property owner of the use of land for specific purpose.
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O. Final Plat. A map or plan of record of a subdivision, and any accompanying material
as described in Section 303.54.
P. Forty-Acre Aliquot Part. One-quarter of one-quarter of a section.
Q. Governing Body. The City Council of the City of Waukee, within whose jurisdiction
the land is located, which has adopted ordinances regulating the division of land.
R. Government Lot. A tract, within a section, which is normally described by a lot
number as represented and identified on the township plat of the United States public
land survey system.
S. Lot. A tract of land represented and identified by number or letter designation on an
official plat.
T. Marginal Access Street. A minor street which is parallel and adjacent to an arterial,
and which provides access to abutting properties and protection from through traffic.
U. Metes and Bounds Description. A description of land that uses distances and angles,
uses distance and bearings,/ or describes the boundaries of the parcel by reference to
physical features of the land.
V. Minor Street. A local street of limited continuity used primarily for access to
abutting properties and the local needs of a neighborhood.
W. Official Plat. Either an auditor’s plat or a final subdivision plat that meets the
requirements of this chapter and has been filed for record in the offices of the
recorder, auditor and assessor.
X. Parcel. A part of a tract of land.
Y. Pedestrian Way. A right-of-way across or within a block for use by pedestrian traffic
whether designated as a pedestrian way or a crosswalk or other.
Z. Permanent Real Estate Index Number. A unique number or combination of numbers
assigned to a parcel of land pursuant to '441.29, Code of Iowa, as amended.
AA. Plat of Survey. The graphical representation of a survey of one or more parcels of
land, including a complete and accurate description of each parcel within the plat,
prepared by a registered land surveyor.
BB. Preliminary Plat. A tentative map or plan of a proposed subdivision.
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CC. Proprietor. A person who has a recorded interest in land, including a person selling
or buying land pursuant to a contract, but excluding persons holding a mortgage,
easement, or lien interest.
DD. Protective Covenants. Contracts entered into between private parties and which
constitute a restriction on the use of all private property within a subdivision for the
benefit of property owners.
EE. Roadway. The developed portion of a street available for vehicular traffic.
FF. Street. A public right-of-way which affords primary means of access by pedestrians
and vehicles to abutting properties.
GG. Subdivider. Any person who undertakes the subdivision of land as defined herein.
HH. Subdivision. A tract of land divided into three (3) or more lots.
II. Subdivision Plat. 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.
JJ. Subdivision Design Standards. The guides, principles and specifications for the
preparation of subdivision plans, including the Waukee Standard Specifications for
Public Improvements and the Des Moines Metropolitan Design Standards Manual.
KK. Surveyor. A registered land surveyor who engages in the practice of land surveying
pursuant to Chapter 542B, Code of Iowa, as amended.
LL. Tract. An aliquot part of a section, a lot within an official plat, or a government lot.
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ARTICLE VI
'303.9. Preapplication Procedure.
'303.10. Before subdividing any tract of land and previous to the filing of an
application for conditional approval of the Preliminary Plat, the Subdivider should meet with the
City Planning and Zoning Commission and discuss the plans. Plans and data should be presented to
the Commission as specified in Article VII, Section 303.28, 303.29, 303.30 and 303.31 of this
ordinance. This step does not require formal application, fee or filing of plat with the Commission.
'303.11.Advice to Subdivider.
The purpose of the APre-application Procedure@ is to afford the Subdivider an opportunity to
meet and receive the advice and assistance of the Commission, and to consult early and informally
with the Commission before preparation of the preliminary plat and before formal application for its
approval, in order to save time and money and to make the most of the Subdivider=s opportunities.
The Subdivider should also consult with parties potentially interested with the Subdivider or
with the ultimate users of the development, such as lending and mortgage insurance institutions, with
a view to reaching, at this initial stage, firm conclusions regarding what part of the marked demand
should be served, the suitability of the location of the proposed subdivision, the most advantageous
subdivision plan, the arrangement of streets, lots and other features of the proposed development.
Either at the time of meeting or within fifteen (15) days after such meeting and discussion,
the Commission shall inform the Subdivider that the plans and data, as submitted or as modified, do
or do not meet the objectives of these regulations. When the Commission finds the plans and data do
not meet the objective of these regulations, it shall express its reasons therefor.
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'303.12.Preliminary Plat Procedure.
'303.13. On reaching conclusions, informally as recommended in Section 303.9 above,
regarding his general program and objectives, the Subdivider shall cause to be prepared a
Preliminary Plat, together with improvement plans and other supplementary material as specified in
Article VII, Section 303.32.
'303.14. For initial submittal provide four (4) prints of the preliminary plat for review
by the City. Submit ten (10) prints of the preliminary plat for the final approval by the Planning and
Zoning Commission and City Council. Preliminary plats and fees shall be submitted to the
Administrative Officer in accordance with the submittal and review schedule approved by the City
Council. The Administrative Officer shall immediately refer two (2) copies of said plat to the
Secretary of the Commission and one (1) copy to the City=s Engineer upon receipt of a preliminary
plat.
'303.15. No land shall be approved for subdivision which is subject to periodic
flooding or which contains extremely poor drainage facilities. However, if the Subdivider agrees to
make improvements which will, in the opinion of the Subdivider=s Engineer, make the area
completely safe for occupancy, and provide adequate drainage, the preliminary plat may be approved
upon recommendation of the City Engineer.
'303.16. The Commission shall notify the owner or Subdivider as to the time and place
of the meeting when the plat will be reviewed. The Commission may direct that the owner or
Subdivider attend any deliberation on the submitted plat.
'303.17. The Commission shall study and act on the preliminary plat and the City
Engineer shall study said plat and plans in regard to street layout and the provision of water and
sewerage and make recommendations on these aspects to the Commission; all to be accomplished
within forty-five (45) days after submittal to the Administrative Officer. If the City Council
disapproves a plat, the reasons for disapproval shall be remedied prior to further consideration. The
plat shall not be approved and construction shall not begin until the plans and specifications for
necessary improvements have been reviewed by the City Engineer and approved by the City Council.
'303.18. If the Commission acts favorably on a preliminary plat, a notation to that
effect shall be made on the plat above the signature of the Chairman and Secretary, and it shall be
referred to the City Council for action. The City Council shall act within forty-five (45) days. Its
action shall be noted on the plat, signed by the Mayor, attested to by the City Clerk and returned to
the Subdivider for compliance with final plat requirements.
'303.19. Conditional approval of the preliminary plat shall confer upon the applicant
the following rights for a two (2) year period from the date of approval:
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A. That the general terms and conditions under which the preliminary approval was
granted will not be changed.
B. That the applicant may submit on or before the expiration date the whole or part or
parts of said plat for final approval.
C. No more than two (2) building permits on land zoned for residential (R) districts, and
no more than one (1) building permit on land zoned for commercial (C), and
industrial (M) districts shall be issued for any parcel or plat of land which was
created by subdivision. However, such structures shall not be occupied or sold prior
to the granting of final approval for the subdivision by the City Council and recording
of the plat thereof.
D. After prior council approval, and subject to obtaining site plan approval in property
zoned for commercial (C) or industrial (M) districts, a property owner may construct
or locate a temporary commercial structure, provided that said temporary commercial
structure shall not be occupied after one year following site plan approval, and shall
be removed within thirteen (13) months of such approval.
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'303.20.Final Plat Procedure.
'303.21. Before consideration of a final subdivision plat, the Subdivider shall have
installed the improvements required under Article IX or the Commission shall require the posting of
adequate performance guarantees with the Administrative Officer to assure the installation of the
required improvements within one (1) year after final approval of the plat. See following
Section 303.22.
'303.22. The final plat or in the case of a large subdivision, a final plat or part of the
area covered by the approved preliminary plat and final plat fees shall be submitted to the
Administrative Officer. Initially, four (4) prints of the final plat shall be submitted to the City for
review. Ten (10) prints shall be submitted to the Administrative Officer for final approval in
accordance with the submittal and review schedule prior to the date of the commission meeting at
which action is sought. The final plat shall be accompanied by a statement from the Engineer that he
has prepared Aas constructed@ plans showing all utilities in exact location and elevation, identifying
those portions already installed. The Subdivider shall comply with one or a combination of the
following:
A. Before the City Council approves 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 or other requirements and
agreements between the Subdivider and the City.
B. This requirement may be waived if the Subdivider will post a cash or corporate surety
bond or certified check or surety approved by the City Council with the City,
guaranteeing that said improvements will be constructed within a period of one (1)
year from final acceptance of the plat, such bond to be approved by the City Attorney.
However, if surety is posted, final acceptance of the plat will not constitute final
acceptance by the City of any improvements to be constructed. Improvements will be
accepted only after their construction has been completed and inspection by
appropriate City personnel certifying the improvements have been completed in
conformance to specifications and standards of the City and Ordinances of the City.
No public funds will be expended in the Subdivision until such improvements have
been completed and accepted by the City.
C. The amount of the bond or certified check or other surety shall be for the actual
estimated cost of the improvements, including all inspection services and tests
conducted by the City and the amount of the estimate of the bond or certified check
must be approved by the City Engineer.
D. The Council may waive the requirements of this Ordinance for the construction and
installation of some or all of the improvements in case of resubdivision where only
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the size, shape and arrangement of the lots are being changed. However, such waiver
shall be limited to existing improvements in good repair as determined by the City
Engineer. Improvements not existing or in poor repair shall meet the requirements of
this Ordinance.
E. The Council may waive the requirements of this ordinance for the construction and
installation of some or all of the improvements in cases of dedication of land or
rights-of-way to public use where such dedication is in excess of the needs of the
Subdivision and is desired by a public agency in lieu of a purchase or condemnation
proceeding.
F. Bonds to secure liens as provided in '354.12, Code of Iowa, as amended, may be
approved by the Council.
'303.23. The Administrative Officer shall immediately refer two (2) copies of said plat
to the Secretary of the Commission and one copy to the City Engineer upon receipt of a final plat.
The Commission shall be assisted by the City Engineer=s recommendations and shall act upon the
final plat within sixty (60) days after the date of submission for final approval to the Administrative
Officer.
'303.24. If approval is given, the Commission shall vote such approval on the plat over
the signature of both the Chairperson and Secretary of the Commission and the Commission shall
then forward the plat to the City Council for final approval and acceptance of all streets, alleys, ways,
easements, parks or areas preserved for, or dedicated to, the public.
'303.25. If the Commission does not recommend approval of the final plat of a
subdivision, the City Council may approve the plat and accept all streets, alleys, ways, easements,
parks or areas preserved for or dedicated to the public by a four-fifths vote by the entire membership
of the City Council.
'303.26. Upon final approval by the City Council, one (1) reproducible mylar and six
(6) prints of the approved final plat and one (1) reproducible mylar set of Aas-constructed@ plans,
and two (2) sets of prints of construction plans will be filed with the Administrative Officer.
'303.27. After final approval by the City Council, the City shall notify the owner or the
Subdivider, and the Subdivider shall cause a plat to be filed with the County Recording Officer of
Dallas County, Iowa, as provided by the Code of Iowa; and shall file satisfactory evidence of such
recording in the office of the Administrative Officer of Waukee, Iowa, before the City shall
recognize the plat as being in full force and effect.
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ARTICLE VII
Specifications for Plats and Plans
'303.28.Pre-Application Plans and Data
'303.29. General Subdivision Information shall describe or outline the existing
conditions of the site and the proposed development as necessary to supplement the drawings
required below. This information may include data on existing covenants, land characteristics, and
available community facilities and utilities; and information describing the subdivision proposal such
as number of residential lots, typical lot width and depth, business areas, playgrounds, park areas and
other public areas, proposed protective covenants and proposed utilities and street improvements.
'303.30. A Location Map shall show the relationship of the proposed subdivision to
existing community facilities which serve or influence it. This map shall include the development
name and location; scale, north arrow and date; main traffic arteries; and if requested by the City
other significant features such as public transportation lines; shopping areas; elementary and high
schools; parks and playgrounds; principal places of employment; and community features such as
railroad stations, airports, hospitals and churches.
'303.31. A sketch plan on a topographic survey may (if available) show in simple
sketch form, the proposed layout of streets, lots, and other features in relation to existing conditions.
The sketch plan may be a freehand pencil sketch made directly on a print of the topographic survey.
In any event, the sketch plan shall include either the existing topographic data listed in
Section 303.38 and 303.39 below or such of these items of data as the Commission determines is
necessary for its consideration of the proposed sketch plan.
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'303.32.Preliminary Plat
'303.33. The preliminary plat shall be drafted or computer generated on suitable
reproducible mylar or other material of suitable quality with black ink or laser jet plotter at a scale of
one hundred (100) feet to one (1) inch or larger on 24" x 36" size sheet. It shall show all the
following existing and proposed data and conditions:
'303.34. Initial submittal date and all subsequent revision dates, scale and north point.
'303.35. Location of the plat by quarter section, township and range, and any other
necessary legal description to describe the boundary lines of the proposed subdivision.
'303.36. Approximate total area of proposed subdivision.
'303.37. Names and address of owner or owners and Subdivider of tract and Engineer
or person preparing plat and information.
'303.38. Topographic map, reference to City datum, of the area showing contours at a
minimum of two (2) foot intervals.
'303.39. Water elevations of adjoining lakes, rivers and streams at date of survey and
their approximate high and low water elevations. All elevations shall, when possible, refer to
established City datum.
'303.40. Location and name of the subdivision to be approved and location and names
of adjacent subdivisions and owners of adjoining parcels of unsubdivided land.
'303.41. Present zoning district classification of land to be subdivided and all adjacent
lands.
'303.42. Location, widths and names of all existing, platted or dedicated streets,
easements, railroad and utility rights-of-way, parks, water courses, drainage ditches, permanent
buildings and structures, section and township lines and such other data as may be required by the
Commission within the area being subdivided and within one hundred (100) feet of the exterior
boundaries thereof.
'303.43. Location, size and flow elevations, to City datum, of existing and proposed
sanitary and storm sewers, locations and size of water mains, fire hydrants, culverts and other
underground facilities within the area being subdivided and within one hundred (100) feet of exterior
boundaries thereof. Also to include location of easements for gas lines, electric and telephone lines
or poles, and street lights if other than within street right-of-way.
'303.44. Lengths and bearings of the exterior boundaries of land being subdivided.
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'303.45. The location and width and name of all proposed streets and rights-of-way and
easements, whether public or private, for public and private utilities. Street names shall be the same
as existing street names if the proposed street is an extension of the existing street. Access to public
streets shall be required in all subdivisions.
A. The location, type and size of subdivision identification signs will be indicated on the
plat. The subdivision identification sign shall be in compliance with the provisions
of the zoning ordinance.
'303.46. Approximate dimensions of all lots.
'303.47. Approximate radii of all curves and lengths of all tangents.
'303.48. Approximate finish grades of all streets and surface drainage facilities with
spot elevations given as necessary in critical areas, and where severe cuts or fills are proposed.
'303.49. Approximate location and area of all property to be dedicated for public use or
reserved by deed covenant for use by all property owners in the development, with a statement of the
conditions of such dedication or reservation.
'303.50. Where public water supply and sanitary sewers are reasonably available, the
Subdivider shall connect to these systems. Where the public systems are not available, the
Subdivider shall indicate the type of water supply and sewage treatment proposed to be provided.
The subdivider shall include dry sewers where public sewer system is not available unless this
requirement is waived by the City Council.
'303.51. Where Subdivider proposes to serve the subdivision with private common
water and sewerage facilities, a feasibility report of common water and sewerage facilities where
such facilities are to be incorporated in the final plat, will be submitted to the City for review and
approval.
'303.52. Percolation test results, minimum of one (1) per acre, together with soil
borings, a minimum of one (1) for every acre, to indicate depth of water table and rock formation,
when requested by the City Engineer.
'303.53. A soil analysis obtainable from the United States Department of Agriculture,
Natural Resources Conservation Service, or a soils report prepared by a registered geotechnical
engineer when requested by the City=s Engineer.
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'303.54.Final Plat
'303.55. The final plat shall be drawn in ink on reproducible mylar or suitable paper, or
computer generated on laser jet printer on sheets no smaller than twenty-four (24) inches by
thirty-six (36) inches, and shall be at a scale of one hundred (100) feet to one (1) inch or larger.
Where necessary, the plat may be on several sheets accompanied by an index sheet showing the
entire subdivision. For large subdivisions, the Final Plat may be submitted for approval
progressively in contiguous sections satisfactory to the Commission. The Final Plat shall show the
following:
'303.56. All information required and shown on the preliminary plat as required in
Sections 303.33, 303.34, 303.35, 303.36, 303.37, and 303.39 of this ordinance.
'303.57. Accurate angular and lineal dimensions for all lines, angles and curvatures
used to describe boundaries.
'303.58. True angles and distances to the nearest street lines or official monuments.
'303.59. Lines of adjoining streets and alleys, with widths and names.
'303.60. Township, county and section lines accurately tied to the lines of the
subdivision by distance and angles.
'303.61. Radii, arcs and chords, points of tangency, central angles for all curvilinear
streets and radii for all rounded corners.
'303.62. Exact dimensions of all lots.
'303.63. Identification of all lots and blocks using consecutive numbers.
'303.64. Exact location and area of all land to be dedicated for public use or reserved
by deed covenant for common use of all property owners with the purpose indicated thereon.
All lands dedicated for public use, other than street, shall be marked ADedicated to Public.@
All protective or deed covenants or private restrictions shall be shown on the plat or correctly
referenced.
'303.65. Building set back lines as established by the Restrictive Residence Districts
Ordinance or deed restrictions.
'303.66. Where community type water and sewerage facilities are not available, a
statement that any lot sold or transferred will have a minimum width and area equal to that shown on
the plat to accommodate private well and wastewater disposal system.
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'303.67. When a proposed entrance of the subdivision is onto a controlled access street
or road, letter of approval of the City’s Engineer regarding such entrance shall accompany the final
plat. Where such control is exercised by the Iowa Department of Transportation, the approval of this
body shall accompany the final plat.
'303.68. Certification by a Licensed Land Surveyor that the plat represents a survey
made by him that the monuments and markers shown thereon exist as shown.
'303.69. Every plat shall be accompanied by:
A. Statement by the proprietors and their spouses, if any, that the plat is prepared with
their free consent and in accordance with their desire, signed and acknowledged
before an officer authorized to take the acknowledgment of deeds. The statement by
the proprietors may also include a dedication to the public of all lands within the plat
that are designated for streets, alleys, parks, open areas, school property, or other
public use, if the dedication is approved by the governing body.
B. Statement from the mortgage holders or lien holders, if any, that the plat is prepared
with their free consent and in accordance with their desire, signed and acknowledged
before an officer authorized to take the acknowledgment of deeds. An affidavit and
bond as provided for in '354.12 of the Code of Iowa, as amended, may be recorded in
lieu of the consent of the mortgage or lien holder. When a mortgage or lien holder
consents to the subdivision, a release of mortgage or lien shall be recorded for any
areas conveyed to the governing body or dedicated to the public.
C. An opinion by an attorney-at-law who has examined the abstract of title of the land
being platted. The opinion shall state the names of the proprietors and holders of
mortgages, liens, or other encumbrances on the land being platted and shall note the
encumbrances, along with any bonds securing the encumbrances. Utility easements
shall not be construed to be encumbrances for the purpose of this section.
D. A certificate of the treasurer that the land is free from certified taxes and certified
special assessments or that the land is free from certified taxes and that the certified
special assessments are secured by bond.
E. A subdivision plat which includes no land set apart for streets, alleys, parks, open
areas, school property or public use other than utility easements, shall be
accompanied by the documents listed in subsections 1, 2 and 3 and a certificate of the
treasurer that the land is free from certified taxes other than certified special
assessments.
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F. A certificate by the owner or owners dedicating to the public for full public use all
street and street rights-of-way and other land designated as ADedicated to Public@,
and the granting of utility easements as shown on the plat.
G. A Resolution of Plat Approval with the mayor and clerk=s certification.
H. Bonds as required under the terms and provisions of these Land Subdivision
Regulations.
18
ARTICLE VIII
Subdivision Design Standards
'303.70.Streets
'303.71. The arrangement, character, extent, width, grade and location of all streets
shall conform to existing and planned streets, to topographical conditions, to public convenience and
safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.
A. The design of streets shall be in accordance with the Des Moines Metropolitan
Design Standards Manual and the City of Waukee Standard Specifications for Public
Improvements.
'303.72. The arrangement of streets in a subdivision shall either:
A. Provide for the continuation of appropriate projection of existing principal streets in
surrounding areas in conformance with the Comprehensive Plan, or
B. Conform to a plan for the neighborhood approved or adopted by the Commission to
meet a particular situation where topographical or other conditions make continuance
or conformance to existing streets impracticable.
'303.73. Local service streets shall be so laid out that their use by through traffic will
be discouraged.
'303.74. Where a subdivision abuts or contains an existing or proposed arterial street,
the Commission may require marginal access streets, double frontage lots with screen planting
contained in a nonaccess reservation along the rear property lines, deep lots with rear service alleys,
or such other treatment as may be necessary for adequate protection of the residential or other
proposed properties and to afford separation of through and local traffic.
A. Where a subdivision adjoins an existing granular surfaced street, the Subdivider shall
be responsible for the construction of a paved roadway on the adjoining street
according to the design standards and City of Waukee Standard Specifications.
'303.75. Where a subdivision borders on or contains a railroad right-of-way, the
Commission may require a street approximately parallel to and on each side of such right-of-way, at
a distance suitable for the appropriate use of the intervening land. Such distances shall also be
determined with due regard for the requirements of approach grades and future grade separations, but
in no case be less than one hundred fifty (150) feet.
19
'303.76. Streets shall be designed in accordance with the Des Moines Metropolitan
Design Standards Manual and City of Waukee Standard Specifications.
'303.77. Street jogs with centerline offsets of less than one hundred and twenty-five
(125) feet shall be avoided.
'303.78. A tangent at least one hundred (100) feet long shall be introduced between
reverse curbs on arterial and collector streets.
'303.79. When connecting street lines deflect from each other at any one point by more
than ten (10) degrees, they shall be connected by a curve with a radius adequate to insure a sight
distance of not less than one hundred (100) feet for minor and collector streets, and of such greater
radii as the Commission shall determine for special cases.
'303.80. Streets shall be laid out so as to intersect as nearly as possible at right angles
and no street shall intersect another street at less than sixty (60) degrees. More than two (2) streets
intersecting at the same location shall be prohibited.
'303.81. Property lines at street intersections shall be rounded with a radius of not less
than twenty-five (25) feet or comparable chords in lieu of the rounded corner may be permitted by
the City. Greater radius may be required at intersections of collector and arterial streets.
'303.82. Street pavement and right-of-way widths shall not be less than as follows:
Minimum Width of
Street Type Right-of-Way Roadway Surface
State Highway (Requirements set by the IowaDepartment of Transportation)
Municipal Arterial 100 ft. 31 ft. B/B*(24' existing)
Major Collector 70 ft. 31 ft. B/B*
Minor Collector 60 ft. 31 ft. B/B
Local Service Through Street 60 ft. 29 ft. B/B
Loop Street and Cul-de-sac 50 ft. 25 ft. B/B
*Greater widths may be required. Each situation will be reviewed on a case by case basis.
'303.83. Half streets shall be prohibited, except where essential to the reasonable
development of the subdivision in conformity with the other requirements of these regulations, and
where the Commission finds it will be practicable to require the dedication of the other half when the
adjoining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the
other half of the street shall be platted within such tract.
20
'303.84. Dead-end streets, designed to be so permanently, shall not be longer than six
hundred (600) feet except where the Commission has approved a maximum length not to exceed one
thousand (1,000) feet due to property limitations. Such streets shall be provided at the closed end
with a turnaround having an outside roadway diameter of at least eighty (80) feet, and a street
property line diameter of at least one hundred four (104) feet. The Commission may approve a AT@
or AY@ type turnaround in lieu of the circular turnaround.
A. Temporary turnaround shall be provided on dead-end streets that are intended to be
extended in the future.
'303.85. No street names shall be used which will duplicate or be confused with the
names of existing streets. Street names shall be subject to the approval of the Commission.
'303.86. Street grades, wherever feasible, shall not exceed the following, with due
allowance for reasonable vertical curves:
Street Type Percent Grade
Arterial 6%
Collector 7%
Minor Collector and Local Service 8%
Cul-de-sac 8%
Marginal Access 8%
'303.87. No street grade shall be less than 0.5 percent where drainage is carried within
the traveled roadway, but a grade of 0.4% may be considered in isolated areas subject to approval by
the City Council based on recommendations of the City Engineer.
21
'303.88.Alleys
'303.89. Alleys shall be provided in commercial and industrial districts except that the
Commission may waive this requirement where other definite and assured provision of made for
service access, such as off-street loading, unloading, and parking consistent with and adequate for the
uses proposed.
'303.90. Alleys shall not be permitted in a residential district unless deemed necessary
by the Commission.
'303.91. The minimum width of an alley shall be twenty (20) feet.
'303.92. Alley intersections and sharp changes in alignment shall be avoided; but
where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.
'303.93. Dead-end alleys shall be avoided where possible; but if unavoidable, shall be
provided with adequate turnaround facilities at the dead end, as determined by the Commission.
22
'303.94.Easements
'303.95. Easements across lots or centered on rear or side lot lines shall be provided for
utilities and shall be not less than five (5) feet in width on each side of all rear lot lines and side lot
lines and side lot lines where necessary for poles, wires, conduits, storm sewer and sanitary sewers,
gas, water and heat mains. Easements for sidewalks shall be not less than ten (10) feet wide and for
trails a minimum of not less than sixteen (16) feet in width will be provided where necessary when
located outside the street right-of-way. Greater width easements may be required in some cases.
'303.96. Where a subdivision is traversed by a watercourse, drainage way, channel or
stream, there shall be provided a storm water easement or drainage right-of-way conforming
substantially with the lines of such watercourse, and such further width or construction or both as
will be adequate for the purpose. Parallel streets or parkways may be required in connection
therewith. If it is deemed advisable by the Commission or the City Engineer, such watercourse or
drainage way may be re-established to conform with the proposed street pattern, in which case
suitable storm drainage facilities shall be installed as designed and established by a Registered
Professional Engineer for the Subdivider.
23
'303.97.Blocks
'303.98. The lengths, widths and shapes of blocks shall be determined with due regard
to:
A. Provision of adequate building sites suitable to the special needs of the type of use
contemplated.
B. Requirements as to lot size and dimensions.
C. Needs for convenient access, circulation, control and safety of street traffic.
D. Limitations and opportunities of topography and other natural features.
'303.99. Block lengths shall not exceed one thousand four hundred (1,400) feet, or be
less than the following unless approved by the City Council.
Street Minimum Block Length
(feet)
Arterial 500
Major Collector 400
Minor Collector 300
Local Service 200
'303.100. Pedestrian crosswalks, not less than ten (10) feet wide, shall be required where
deemed essential at mid-block street crossings to provide circulation, or for access to schools,
playgrounds, shopping centers, transportation and other community facilities.
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'303.101. Lots
'303.102. The lot size, width, depth, slope and orientation, and the minimum setback
lines shall be appropriate for the location of the subdivision and for the type of development and use
contemplated.
'303.103. The lot dimensions shall be as specified in the zoning ordinance.
A. Lot depth shall be not less than one hundred ten (110) feet.
'303.104. Depth and width of properties reserved or laid out for commercial and
industrial purposes shall be adequate to provide for the off-street service and parking facilities
required by the type of use and development contemplated.
'303.105. The subdividing of the land shall be such as to provide, by means of a public
street, each lot with satisfactory access to an existing public street.
'303.106. Large lot subdivisions. Where the area is divided into lots containing one (1)
or more acres and there are indications that such lots will eventually be subdivided into smaller
building lots, consideration shall be given to the street and lot arrangement of the original
subdivision so that additional minor streets can be opened which will permit a logical and functional
arrangement of smaller lots.
'303.107. Double frontage and reverse frontage lots should be avoided except where
essential to provide separation of residential development from traffic arteries or to overcome
specific disadvantages of topography and orientation. A planting screen easement of at least ten (10)
feet, and across which there shall be no right of access, shall be provided along the line of lots
abutting such a traffic artery or other disadvantageous use.
'303.108. Side lot lines shall be substantially at right angles or radial to street lines. Side
lines of lots formed by radial projections shall form a lot having not less than twenty (20) feet across
the rear property lines.
'303.109. Corner lots for residential use shall have additional minimum width of a
required front yard to permit appropriate building setback from an orientation to both streets.
25
'303.110. Public Sites and Open Spaces
'303.111. Where a proposed park, playground, school or other public use is located in
whole or in part in a subdivision, the Commission may require that such area be reserved for
acquisition by the City or School District for a period of one and one-half (1-1/2), in those cases in
which the Commission deems such requirements as reasonable.
'303.112. Where deemed essential by the Commission, upon consideration of the
particular type of development in the subdivision and especially in large scale neighborhood unit
development, the Commission may take a one and one-half (1-1/2) year option for the City=s
acquisition of such other areas or sites of a character, extent and location suitable to the needs created
by such development for schools, parks and other neighborhood purposes.
26
'303.113. Utilities
'303.114. The source of domestic water supply and type of sewage disposal shall
accompany each plat for the information of the Commission, the Engineer and the City Council.
27
ARTICLE IX
Required Improvements
'303.115. Monuments
'303.116. Durable iron monuments shall be placed at all lot and block corners, at all
angle points in any line, at each of all curves, and at such other points as may be required by the
City=s Engineer in accordance with the survey monumentation of Chapter 355, Code of Iowa.
'303.117. The external boundaries of the subdivision, block corners, angle points and
ends of curves shall be monumented in the field by iron rods of 1/2" to 5/8" diameter or pipes of 3/4"
to 1" diameter at least thirty (30) inches long.
'303.118. All lot corners and other points not referred to in Section 303.117 shall be
monumented in the field by iron rods of 1/2" to 5/8" diameter or pipes of 3/4" to 1" diameter at least
twenty-four (24) inches long.
'303.119. All monuments shall be properly set flush with the ground by a licensed land
surveyor within one (1) year after approval of the final plat. The surveyor shall affix a cap of inert
material bearing an embossed or stencil cut marking of the Iowa registration number of the surveyor
on the top of each monument.
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'303.120. Street Construction
'303.121. The Subdivider shall grade and improve all streets within the subdivision to
the full right-of-way width of the street. Roadway pavement shall be either full width Portland
cement concrete with integral curbs or 30-inch Portland cement concrete curb and gutter sections
with rolled stone base and asphaltic concrete surface in accordance with the City of Waukee
Standard Specifications. The asphaltic concrete surface option is subject to approval by the City
Council. Minimum pavement thickness shall be:
Portland Cement Concrete 6-inch reinforced or
7-inch non-reinforced
Asphaltic Concrete 8-1/2 inches
Pavement thickness requirements in commercial or industrial areas will be evaluated on a
case by case basis. Construction of all streets shall be in accordance with the Standard
Specifications.
'303.122. The width of the roadway shall conform to the requirements of its functional
classification as specified in Article VIII, Section 303.82.
'303.123. Alleys shall be paved with either Portland cement concrete or asphaltic
concrete to their full width in accordance with the City of Waukee Standard Specifications.
'303.124. All streets shall be sodded or seeded with grass in a manner which shall
provide suitable protection from erosion over that area lying between the right-of-way lines and the
back of street curbs in accordance with the City of Waukee Standard Specifications.
'303.125. Street profiles and the necessary drainage plans to serve the area shall be
determined and designed by a Registered Professional Engineer for the Subdivider. All construction
of such facilities shall be in accordance with such profiles and plans and the Standard Specifications
and shall be subject to the recommendations, supervision and approval of the City=s Engineer.
29
'303.126. Sidewalk Construction
'303.127. The Subdivider or as delegated by the Subdivider to a builder, shall install or
cause to be installed sidewalks on each side of surfaced streets (for the full length of blocks).
Sidewalks shall be a minimum of four (4) feet wide and located in the street right-of-way with the
outer edge one (1) foot from the right-of-way line. Sidewalks or trails will be provided at other
locations in the subdivision as determined by the City.
A. Sidewalks will be installed by developer on streets adjoining the subdivision and
having double frontage lots prior to final plat approval. The sidewalks will be
installed on street side that adjoins the subdivision unless waived by the City
Council.
B. Sidewalks will be indicated on the final plat.
30
'303.128. Water Facilities
'303.129. Where a public water main is accessible, the Subdivider shall install adequate
water facilities to meet the needs of the development and to provide fire flow protection. The size of
water main extensions shall be eight (8) inch minimum diameter or larger as required by the City to
provide fire flows. The design and construction of these improvements shall be in accordance with
the Standard Specifications and the design standards of the Iowa Department of Natural Resources
and as approved by the City Engineer and the Municipal water department. Fire hydrants shall be
required in all subdivisions. Fire hydrants shall be located in accordance with the provisions of the
City of Waukee Standard Specifications.
'303.130. If a public utility system is not available, individual wells may be used,
provided that construction is in accordance with the Iowa Department of Natural Resources and the
Dallas County Health Department, and that permits are issued approving well water for human
consumption.
31
'303.131. Sewer Facilities
'303.132. Where a public sanitary sewer is accessible, the Subdivider shall install
adequate sanitary sewer facilities (including the installation of house service lines to streets
right-of-way lines) in accordance with the City standard specifications.
'303.133. Where sewage pumping stations are required, the location will be determined
by the City=s Engineer. The Subdivider will install the lift station together with all required
appurtenances and force main. The Subdivider will be reimbursed in the proportion of which the
area outside the subdivision, but served by the pumping station, bears to the total area served by the
pumping station.
A. If the Subdivider connects to a sewer leading to a sewage pumping station,
Subdivider will be required to pay to the City of Waukee his pro rata share of the cost
of the pumping station and force main according to the ratio of area the subdivision
has to the total area served by the sewage pumping station.
'303.134. Where a public sanitary sewer is not available, the minimum lot areas shall
conform to the requirements of the City of Waukee zoning ordinance. The Subdivider shall make, or
cause to be made, percolation tests of the soil as required by the Dallas County Health Department
and City=s Engineer. These tests shall be the basis for design of individual sanitation facilities. Dry
sewer shall be provided in addition to other sanitation facilities unless this requirement shall have
been waived by the City Council upon recommendation of the Commission.
'303.135. In the future, however, if a public sanitary sewer is accessible and a sanitary
sewer is placed in a street, alley or easement 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 such property an individual sewage disposal system.
32
'303.136. Storm Water
'303.137. When a public storm sewer is accessible, the developer shall install storm
sewer facilities. Where no outlets are available within a reasonable distance, adequate provision
shall be made for disposal of storm water. Design of all storm sewer shall be based upon a 10-year
reoccurrence interval. Minimum pipe size shall be fifteen (15) inches except for intake cross-runs
which shall be twelve (12) inch minimum diameter. For storms greater than the 10-year, use the
100-year storm for design of overland flow drainage. The developer may consider detention
facilities as recommended by the developer=s engineer, and approved by the City Engineer, and in
conformance with the stormwater management plan of the City.
'303.138. Sump pumps and footing drains shall be required in all plats approved after
effective date of this ordinance, in all construction where the foundation is in excess of 42" in depth.
The sump pumps and footing drains shall be installed pursuant to the standard specifications for
streets and utility improvements as adopted by the City of Waukee. Footing drains may gravity flow
to the storm sewer line or to a drainage channel subject to approval by the City Engineer. If a
foundation is to be less than 42" in depth, the construction is only required to have footing drains as
long as the footing drains gravity flow to the storm sewer line or to a drainage channel subject to
approval by the City Engineer. If the footing drains do not gravity flow to the sewer line or a
drainage course, the construction is required to have a sump pump.
A. All storm sewer design and construction shall be done in accordance with the City of
Waukee Standard Specifications.
33
'303.139. Natural Gas
'303.140. The Subdivider shall be responsible for the cost of installing the natural gas
system within all new subdivisions. The necessary piping and appurtenances shall be installed by the
City and the costs of all material, equipment, and labor shall be billed to and paid by the Subdivider.
Within ninety (90) days of meter installation or upon permanent occupancy of the principal building
on a lot in the new subdivision, a refund shall be made to the Subdivider, of the costs of materials
and installation of the gas main, pro-rated as to the ratio of said lot to the total number of said
building lots in the subdivision.
34
'303.141. Street Lights
'303.142. Street lights shall be installed to illuminate all roadways and sidewalk surfaces
as determined by the electrical power company and approved by the City Council upon
recommendation of the City=s Engineer, and in accordance with the design of the City of Waukee
Standard Specifications. Street lights will be provided along the streets adjoining the subdivision.
35
'303.143. Utilities
'303.144. All utility lines, including electric lines, shall be underground. It shall be the
responsibility of the Subdivider to contact utility companies to determine the availability of services
and to make the necessary arrangements for their installation within necessary rights-of-way and
easements.
'303.145. Public water, storm drains and sanitary sewer or septic system plans shall be
designed by a Registered Professional Engineer for the Subdivider. The facilities shall be
constructed in accordance with such plans and the City Standard Specifications and shall be subject
to the supervision and approval of the City Engineer. The public improvements, except sidewalks,
shall be installed or performance bond posted therefor prior to construction of buildings on the lots.
A performance bond will be posted with the final plat for the sidewalks that are to be installed in the
future.
'303.146. The location and depth of all underground utilities shall be in accordance with the
City of Waukee Standard Specifications and the general utility location plan prepared by the City=s
Engineer.
36
ARTICLE X
'303.147. Maintenance Bonds.
'303.148. Posted. The Subdivider shall at the time of acceptance of the improvements
by the city council, post maintenance bonds in an amount described herein as sufficient and as
approved by the city attorney as to form, sufficiency and manner of execution as set forth in these
regulations.
'303.149. Separate Bonds Required. A separate bond shall be posted for each phase of
the construction such as sanitary sewer, water main, storm sewer, pavement, etc.
'303.150. Time Period. The Subdivider shall be required to maintain all required
improvements free of defects due to faulty materials and workmanship after acceptance of said
improvements by the city council for a period specified below:
Sanitary Sewer - two (2) years
Water Main - two (2) years
Storm Sewer - two (2) years
Pavement - four (4) years
Sidewalks - two (2) years
'303.151. Subcontractor Bonds. Maintenance bonds posted by the Subdivider=s
contractor may be accepted providing the contractor or subcontractor is bound unto the City for the
maintenance of the improvements.
'303.152. Amount. Maintenance bonds shall be in the amount of the performance
bonds or as otherwise approved by the City.
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ARTICLE XI
'303.153. Adoption of City Standard Specifications for Public Improvements.
'303.154. The City of Waukee, Iowa, has adopted in full the Standard Specifications for
Public Improvements for the City of Waukee, Iowa, as proposed and recommended by the City
Engineer on the 6th day of November, 1995. These specifications shall apply to, govern and regulate
the construction of all public improvements in public rights-of-way within the City, and utilities
connected thereto. The City of Waukee Standard Specifications shall be available for purchase,
inspection and copying. All contractors and suppliers shall be charged with knowledge of its
contents.
'303.155. The City Engineer may, from time to time, propose additions or changes to the
specifications in the form of amendments. All such amendments shall be presented to the Council
for examination and approval. The Council may approve and adopt such amendments by resolution.
Following adoption by resolution, the amendment shall be placed in the publication on file with the
City Clerk, and shall have the full force and effect of law as of the date the amendments are filed.
38
ARTICLE XII
Development Impact on Community Facilities
'303.156. Purpose. This ordinance is enacted to insure that land is properly located and
preserved and community facilities provided to accommodate future community growth; and to
further insure that the cost of providing the community facilities necessary to serve the additional
residents brought into the community through subdivision development may be most equitable
apportioned on the basis of the additional public requirements created by such subdivision
development.
'303.157. Park Site Dedication, Reservation or Payment In-Lieu-Of Dedication. As
a condition of approval of a final plat of subdivision or a site plan, each Subdivider or developer
shall be required to dedicate land without cost to the City for park and recreational purposes to serve
the immediate and future needs of the neighborhood, in accordance with the following criteria:
A. Park, Recreation Acres, and Open Space Dedication. In the design of the
SUBDIVISION PLAT OR PLANNED UNIT DEVELOPMENT (PUD), dedication
of land, or payment of money for park site acquisition and/or physical improvement
of the neighborhood park system shall be required by the Planning and Zoning
Commission and the City Council as to all subdivisions.
1. Procedure. The procedure for determining whether the Subdivider or
developer is to dedicate or reserve land, or pay a fee, shall be as follows:
At the time of filing a preliminary plat or site plan with the Planning and
Zoning Commission, the owner or developer of the property shall, as a
part of such filing, indicate whether said owner or developer desires to
dedicate or reserve property for open space and recreational purposes, or
pay a fee in lieu thereof. If the owner or developer desires to dedicate or
reserve land for this purpose, said owner or developer shall designate the
area thereof on the preliminary plat or site plan as submitted.
2. Action of City. At the time the preliminary plat or site plan is approved by
the City Council, the Council shall determine as a part of such approval
whether to require a dedication or reservation of land within the
subdivision or development, or payment of a fee in lieu thereof. Provided,
however, the City shall determine which land shall apply to the dedication
or reservation and the requirements contained herein.
B. Dedication of Land for Park, Recreation Areas, and Open Spaces. The amount
of land or money required to be dedicated by a Subdivider pursuant to this Article
shall be based on the area included in the subdivision (area being all land including
streets, right-of-way, and public or private easements), determined by the formula
contained in this subsection.
39
The amount of park land dedicated shall be determined by the following formula:
Residential Uses:
Percentage of
Minimum Lot Area Per Unit Total Land Area
25,001 sq.ft. or greater 3%
8,001 sq.ft. to 25,000 sq.ft. 5%
Up to 8,000 sq.ft. 10%
C. Payment in Lieu of Dedication. Whenever a parcel of land within the City is to be
subdivided and presented to the City for residential development purposes, and the
City has elected to receive fee payments rather than land dedication, the fees shall be
computed as follows:
1. The developer shall pay $100.00 per acre.
2. Concurrently with final plat approval of a residential subdivision within the
City, a fee payment shall be paid based upon the type and number of dwelling
units to be constructed according to the following schedule:
a. Detached Single Family Units: $200 per unit
b. Attached Single Family Units: $150 per unit
c. Apartment Units: $ 75 per unit
3. Credit for Private Amenities: A credit of not to exceed 25% of the total
dedication fee due under Section 303.157(C)(2) herein may be granted by the
City for permanent recreational facilities and amenities in private
developments wherein said facilities and amenities are available for common
use, without rental charge, by residents within the development.
The credit against the dedication fee shall be determined by taking the total
value of the recreational facilities and amenities provided within the private
development which are for common use, without rental charge, by residents
within the development.
Recreational facilities and amenities which are to be considered in
establishing a credit include, but are not limited to, swimming pools, wading
pools, court games facilities, athletic field apparatus and playground
equipment but shall not include the value of any land where the facilities and
amenities are located or any open recreational spaces.
40
The value of the credited recreational facilities or amenities shall be verified
by the person or entity seeking the credit and shall be presented to the City
Council for acceptance prior to the granting of the credit by the City.
No credit shall be given after 24 months from the payment of the dedication
fee required under section 303.157(C).
4. Use of Fee. Any fee levied and collected herein shall be deposited in a sub
fund of the General Fund of the City and shall be used exclusively for park
site acquisition and/or physical improvement of the Neighborhood Park
System. The City Treasurer shall at all times account for monies collected
pursuant to this Chapter, and shall upon request provide a complete
accounting of receipts and expenditures of the sub fund including interest
received on said funds. Any use of the sub fund by the Park Board shall be
with the concurrence of the City Council.
5. Implementation. Where a park site is in accordance with the Master Parks
Plan or Comprehensive Plan, the park site shall be schematically and
dimensionally located and a schedule determined between the City and the
Developer for the acquisition of the park site by the City.
When a final plat or site plan has been submitted to the City for approval, and
it has been determined that land shall be reserved for acquisition by the City
for park use, the location and final accurate dimensions of the park site shall
be shown in detail and legal description provided by the developer for
accurate transfer of ownership. Plans for development of the park site shall
be prepared by the City to establish accurate dimensions and acreage of the
parcel to be acquired by the City.
6. Reservation of Park Site. When a Neighborhood Park System is proposed
within the City’s Master Parks Plan or Comprehensive Plan and it is
determined that the park land is to be reserved for future acquisition by the
City, at the time a developer initiates development of the area adjoining the
proposed park site or prior thereto the City and developer shall enter into a
written recordable agreement setting forth a schedule for the acquisition of
the park site by the City. The City shall be obligated to purchase the reserved
park site as agreed upon between the developer and the City or if no
agreement between the City and the developer, then when development
adjoining the park site encompasses 50% of the area within 500 feet of the
proposed park.
7. Acquisition of Park Site. Land conveyed to the City for park purposes shall
be conveyed by warranty deed, free and clear of any and all liens and
encumbrances including all judgments, attachments, mechanics and other
liens.
41
8. Retroactive Enforcement. When a Planned Unit Development has not been
completely developed prior to enactment of this Chapter, the following
provisions shall govern:
a. The fee payments required herein shall be waived provided the
Developer has dedicated at least 5% of the total land area within the
development to the City for public park use.
b. If less than 5% of the total land area within the development has been
dedicated by the Developer to the City for public park use, then the
Developer shall be required to pay a fee based upon the difference of
the percentage of the acres of land dedicated to the City to 5% of the
total land area within the development. Where there is a deficiency of
land less than 5% not so dedicated within the development for public
park use, a fee shall be paid by the developer to the City based upon
the current fair market value per acre of the deficient land not so
dedicated. Current fair market value per acre shall be determined by
using the undeveloped land remaining in the development excluding
any improvements.
The fee shall be paid when directed by the City Council.
9. Right of Appeal.
a. Appeal Procedure. Any person, entity, or developer affected by any
decision made by any department acting under this Chapter, may
appeal to the City Council by filing notice of appeal with the City
Clerk and a filing fee of $35 payable to the City Treasurer to be
credited to the General Fund of the City. Such appeal shall be taken
within ten (10) days from the decision of the department acting under
this Chapter and shall set out in detail the reasons and grounds for the
appeal. The City Clerk shall forthwith transmit to the City Council
all papers constituting the record upon which the action appeal is
taken. An appeal stays all proceedings in furtherance of the appeal.
b. Public Hearings. The City Council shall upon the filing of an appeal
fix a reasonable time for a hearing, giving public notice thereof as
well as due notice to the parties in interest. All interested persons
may offer oral or written testimony at the public hearing on the
appeal. A vote of three (3) members of the City Council may affirm,
modify, or reverse any decision of any department acting under this
Chapter.
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c. City Council Review. Prior to the public hearing on appeal before the
City Council, the Commission shall review the decision of any
department acting under this Chapter and shall make a
recommendation to the City Council for consideration at the public
hearing. The City shall act upon this review within ninety (90) days.
d. Appeal to the District Court. Any person, entity, or developer
aggrieved by any appeal decision of the City Council may within
thirty (30) days from the date of the City Council rendering a
decision, appeal therefrom to the District Court of Dallas County,
Iowa, in accordance with the Rules of Civil Procedure, Division XIV,
entitled ACertiorari@.
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'303.158. Development Capital Fees for Community Facilities. As a condition of
approval of final plat of subdivision or a site plan or approval of a building permit, each subdivider
or builder shall be required to file fee payments computed as follows:
A. Wastewater Treatment Capital Fees:
1. Single family residential development in a new platted area where the final
plat is filed after the effective date of the Ordinance: $340 payable as a part of
the building permit.
2. Single family residential development where the final plat was filed prior to
the effective date of the ordinance: $170 payable as a part of the building
permit.
3. Residential non-single family: $170 per unit payable as a part of the building
permit.
4. Non-residential development: $7 per fixture unit based on the fixture unit fee
set forth in Attachment 1 as a part of the building permit.
5.The fees will increase annually based on the following schedule to account
for interest incurred by the City for the Wastewater Treatment Facility
improvements:
6. Fences. The building permit fee shall be $20.00
7. Signs. 0-100 sq. ft. $15 Base plus $0.25/sq. ft.
101 sq. ft. and up $40 Base plus $0.15/sq. ft.
8. Storage Tanks. The Building Permit fee shall be $25 each for installation or
removal.
9.Temporary Structure. The building permit fee shall be $25. This applies to
tents, canopies, membrane structures and similar structures.
10. The permit fee for building permits issued as the result of an order issued by
the City of Waukee building department to abate violation(s) of City of
Waukee Property Maintenance Ordinance, may be waived if the permit
applicant makes application showing good cause for waiver of such fee to the
Code Compliance Officer, and the application for waiver of fees is approved
by the City Council.”
[2262 - December 21, 1998]
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Residential BuildingNon-Residential
Year Permit Fee Per Fixture Unit*
(per unit)
1997 $340 $ 7.00
1998 340 7.00
1999 350 7.20
2000 360 7.40
2001 370 7.60
2002 380 7.80
2003 390 8.00
2004 400 8.20
2005 410 8.40
2006 420 8.60
2007 430 8.80
2008 440 9.00
2009 450 9.20
2010 460 9.40
2011 470 9.60
2012 480 9.80
2013 490 10.00
2014 500 10.20
2015 510 10.40
2016 520 10.60
2017 530 10.80
*Refer to Attachment 1 for number of fixture units.
B. Water Supply Capital Fees:
1. Single family residential development in a new platted area where the final
plat is filed after the effective date of the ordinance: $300 payable as a part of
the building permit.
2. Single family residential development where the final plat was filed prior to
the effective date of the ordinance: $150 payable with the building permit.
3. Residential non-single family: $150 per unit payable as a part of the building
permit fee.
4. Non-residential development: $6 per fixture unit based on the fixture unit fee
set forth in Attachment 1 as part of the building permit.
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5. The fees will increase annually based on the following schedule to account
for interest incurred by the City for Water Supply improvements provided by
the Des Moines Water Works.
Residential Building Non-Residential
Year Permit Fee Per Fixture Unit*
(per unit)
1997 $300 $ 6.00
1998 300 6.00
1999 310 6.20
2000 320 6.40
2001 330 6.60
2002 340 6.80
2003 350 7.00
2004 360 7.20
2005 370 7.40
2006 380 7.60
2007 390 7.80
2008 400 8.00
2009 410 8.20
2010 420 8.40
2011 430 8.60
2012 440 8.80
2013 450 9.00
2014 460 9.20
2015 470 9.40
2016 480 9.60
2017 490 9.80
*Refer to Attachment 1 for number of fixture units.
C. Warning Sirens Capital Fees:
1. Residential development in new platted area where the final plat filed after
the effective date of the ordinance: $40 per acre payable with final plat.
2. Non-residential development in new platted area where the final plat is filed
after the effective date of the ordinance: $40 per acre payable with final plat.
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D. No development impact fees are required for water mains 12" diameter or smaller.
The 12" diameter water mains are required for fire flows and will be installed by
developers as required by Section 303.128. Water mains larger than 12" diameter
required by the City will be installed by the City and the cost to the developer will be
pro rated in proportion of the subdivision to the total area served by the larger main.
E. No development capital fees are required for peripheral streets adjoining a
subdivision which will be installed by developer as required under Section 303.74.A.
F. No development capital fees are required for storm sewers and overland stormwater
drainage ways and detention facilities which will be installed by the developer as
required under Section 303.137.
G. No development capital fees are required for trunk sewers which have been
developed by the Subdivider or which are financed and developed through special
assessments by the City.
H. Capital fees may be waived for non-profit organizations or other charitable purposes
when deemed acceptable by the city council.
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ARTICLE XIII
Variances
'303.159. Hardship
'303.160. Where the Commission finds that extraordinary hardships may result from
strict compliance with these regulations, it may vary the regulations so that substantial justice may be
done and the public interest secured; provided that such variation will not have the effect of
nullifying the intent and purpose of this ordinance.
'303.161. Large Scale Development
'303.162. The standards and requirements of these regulations may be modified by the
Commission in the case of a planned program for a self-contained, complete community or a
neighborhood unit, which would in the judgment of the Commission provide adequate public spaces
and improvements for the circulation, recreation, light, air and service needs of the tract when fully
developed and populated, and which would also provide such covenants or other legal provisions as
will assure conformity to and achievement of the plan.
'303.163. Conditions
'303.164. In granting variances and modifications, the Commission shall weigh the
benefits or hardships against the general standards and objectives of this ordinance; and may require
such conditions as well, in its judgment, secure substantially the objectives of the standards or
requirements so varied or modified.
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ARTICLE XIV
Amendments
'303.165. Any regulations or provisions of this ordinance may be changed and
amended from time to time by the City Council with such amendment being initiated by the City
Council, by a motion of the Commission or by a petition by any person; provided that such
changes or amendments shall not become effective until they have first been reviewed and a
recommendation has been made thereon by the Commission, or until forty-five (45) days after
submission to the Commission if the Commission makes no recommendation within that time;
and further providing that a public hearing shall be held by the City Council, public notice of
which shall be given in the newspaper of the City of Waukee, or by posting in three (3) public
places within the City not less than ten (10) nor more than twenty (20) days before the date of
hearing.
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ARTICLE XV
Schedule of Fees, Charges and Expenses
'303.166. The City Council shall establish a schedule of fees, charges, and expenses
and a collection procedure for plat approval and other matters pertaining to this ordinance. The
schedule of fees shall be posted in the office of the administrative official, and may be altered or
amended only by the City Council. Until all applicable fees, charges, and expenses have been
paid in full, no action shall be taken on any application or appeal.
A. Subdivider shall be responsible for just and reasonable costs incurred by
the City for review of preliminary and final plats and construction plans
deemed necessary by the City to insure proper conformance with City
ordinances and standard specifications.
'303.167. Construction Review
'303.168. Subdivider shall be responsible for just and reasonable costs incurred by
the City during the course of construction of the improvements for inspection, testing or other
work deemed necessary by the City to insure proper construction in accordance with the
approved construction drawings and applicable standards and ordinances.
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ARTICLE XVI
Conflict and Validity
'303.169. Conflict
'303.170. Wherever the requirements of this ordinance are at variance with the
requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive
or that imposing the higher standard shall govern.
'303.171. Validity.
'303.172. Should any section, sentence, clause or provision of this Ordinance be
declared by a court to be invalid, the same shall not affect the validity of this Ordinance as a
whole or the remaining portions of this Ordinance.
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ARTICLE XVII
Penalty
'303.173. Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance
shall, upon conviction, be fined not more than one hundred dollars ($100.00) or imprisoned for
not more than thirty (30) days for each offense; and each day that a violation is permitted to exist
shall constitute a separate offense.
ARTICLE XVIII
Enactment and Effective Date
'303.174. This Ordinance shall be in full force and effect from and after its passage,
adoption and publication, as provided by law.
Passed and approved by the Waukee City Council on the 8th day of September 1997.
/s/ Donald L. Bailey Jr.
Mayor
ATTEST:
/s/ Kurt A. Rueckel
City Clerk
I hereby certify that the foregoing was published as Ordinance No. 2230 in the Dallas County
News on the 8th day of September, 1997.
/s/ Kurt A. Rueckel
City Clerk