HomeMy WebLinkAbout2021-06-30-303.9-27 ARTICLE VI1
ARTICLE VI
§303.9. Pre-application 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 Sub-divider 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 Sub-divider.
The purpose of the “Pre-application Procedure” is to afford the Sub-divider 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 Sub-divider’s opportunities.
The Sub-divider should also consult with parties potentially interested with the
Sub-divider 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 Sub-divider 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.
A.Limitations on Building on Subdivided Land Within the City of Waukee.
Subdivisions of land within the City of Waukee may allow multiple ownership of
parcels of land (lots) within a larger tract of land originally under single
ownership. Each lot has limitations of use and some lots may not be suitable for
erection of dwellings or ancillary buildings. Notwithstanding compliance with all
local zoning requirements and City ordinances, each lot is subject to limitations of
use by Federal, State and local laws – limitations by lack of available central
wastewater collection system or suitable on site individual disposal system, lack
of service by utility companies, unstable soils, old coal mines, waterways and
floodways, wetlands, groundwater, environmental limitations, or other natural or
man-made features which, known or unknown, to the City Building Inspector
may cause a health or safety concern for the potential occupants of the lot.
Individuals who purchase a lot within a subdivision, or a partial lot caused by the
division of a lot within a subdivision assume all risk in determining the suitability
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of the use of such lot for building purposes. A copy of this ordinance shall be
included in each plat for which approval is requested in the City of Waukee.
November 1, 1999 – Ordinance No. 2308
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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 Sub-divider 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 Sub-divider agrees to make improvements which will, in the opinion of the Sub-
divider’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 Sub-divider as to
the time and place of the meeting when the plat will be reviewed. The Commission
may direct that the owner or Sub-divider 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 Sub-divider for
compliance with final plat requirements.
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§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:
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 Sub-divider
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 “as
constructed” plans showing all utilities in exact location and elevation, identifying those
portions already installed. The Sub-divider 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 Sub-divider and the City.
B. This requirement may be waived if the Sub-divider 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.
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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
re-sub-division where only 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
“as-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 Sub-divider, and the Sub-divider 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.