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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 2 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 3 §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. 4 §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. 5 §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. 6 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.