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HomeMy WebLinkAbout1984-01-10-Ordinance 2029_Land Subdivision RegulationsORDINANCE NO.2029 AN ORDINANCE TO AMEND CHAPTER 303,WAUKEE MUNICIPAL CODE, SUBDIVISION REGULATIONS BY REVOKING CHAPTER 303 IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 303. BE IT ORDAINED by the Council of the City of Waukee: Section 1.Chapter 303,Waukee Municipal Code, Subdivision Regulations is hereby revoked and there is adopted in lieu thereof the following: SUBDIVISION REGULATIONS LAND SUBDIVISION REGULATIONS CITY OF WAUKEE,IOWA TABLE OF CONTENTS ARTICLE I.Title 1 ARTICLE II Purpose and Jurisdiction 1 ARTICLE III Administration 1 ARTICLE IV Definitions 1 ARTICLE V Procedure For Plat Approval 4 ARTICLE VI Specifications For Plats and 9 Plans ARTICLE VII Subdivision Design Standards 14 ARTICLE VIII Required Improvements 20 ARTICLE IX Variances 26 ARTICLE X Amendments 27 ARTICLE XI Schedule of Fees,Charges,27 and Expenses ARTICLE XII Conflict and Validity 27 ARTICLE XIII Penalty 28 ARTICLE XIV Enactment and Effective date 28 LAND SUBDIVISION REGULATIONS CITY OF WAUKEE,IOWA An ordinance providing rules,regulations and stan- dards to guide land subdivision in Waukee,Iowa. ARTICLE I Title §303.1.This ordinance shown be known,cited and re- ferred to as "The Land Subdivision Regulations of the City of Waukee,Iowa.". ARTICLE II Purpose and Jurisdiction §303.2.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 muni- cipality.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 409.14,Code of Iowa,as amended,and the same is hereby incorporated herein by this reference. ARTICLE III Administration §303.3.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 and the City's Engineer after which the Commission and the Engineer shall submit their recommendation and the plats to the City Council which shall have the final power to approve or disapprove the application. ARTICLE IV DEFINITIONS §303.4.For the purpose language used herein shall be in following rules: of this ordinance accordinance with the the -1- §303.5.The singular number shall include the plural and the plural,the singular. §30 3.6.The use of the present tense shall include the past and future tenses,and the future shall include the present. §303.7.The word "shall"is mandatory,the work "may"is permissive,and the wo r d "should"is suggestive. §303.8.The word "building"shall include the word IIstructurell• §303.9.The word "Engineer:shall,unless otherwise modified,mean City Engineer. §303.10.The word "specifications"or "standard specifications"shall refer to the City of Waukee,Iowa Standard Specifications adopted by the City Council and on file with the City Clerk. §303.11.For the purpose of words shall carry their customary specifically defined hereafter: this ordinance, meanings,except all as §303.12.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. §303.13.Alley:Right-of-way providing dary means of access to the side or rear of those whose principal frontage is on some other street. a secon- properties §303.14.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. §303.15.Building allowable proximity of a alley or property line. Line-: building A line to an designating the adjacent street, §303.16.Collector Street:A street which car- ries 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. §303.17.Commission: Zoning Commission. The City's Planning and -2- §303 .18.Cul-De-Sac: open end and being permanently a vehicular turn-around. A minor street having one terminated at the other end by §303.19.Easement:A grant by a property owner of the use of land for specific purpose. §303.20.Final Plat:A map or plan of record of a subdivision,and any accompanying material as described in Section 303.78. §303.21.Half Street:A street bordering one or more property lines of a tract of land in which the developer has dedicated only part of the ultimate right-of-way width. §303.22.Lot:A portion of a subdivision or other parcel of land intended as a unit for the purpose of transfer of ownership or for building development . §303.23. which is parallel vides access to through traffic. •Marginal Access Street:A minor street and adjacent to an arterial,and which pro- abutting properties and protection from §303.24.Minor Street:A street of limited continuity used primarily for access to abutting properties and the local needs of a neighborhood. §303.25.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. §303.26.Preliminary Plat: plan of a proposed subdivision. A tentative map or §303.27.Protective Covenants,:Contracts entered into between private parties and which constitute a restric- tion on the use of all private property within a subdivision for the benefit of property owners,and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values. §303.28.Roadway:The developed street available for vehicular traffic. portion of a §303.29.Street: affords primary means of to abutting properties. A public right-of-way which access by pedestrians and vehicles -3- §303.30.Subdivider:Any person the subdivision of land as defined herein. who undertakes §303.31.Subdivision:The division of a parcel of land into three (3)or more lots or parcels for the pur- pose of transfer of ownership or building development,or,if a new street is involved,any division of a parcel of land; provided that the division of land for agricultural purposes into lots or parcels of ten (10)acres or more and not invol- ving a new street shall not be deemed a subdivision.The term includes re-subdivision and,when appropriate to the context,shall relate to the process of subdividing or to the land subdivided. §303.32.Subdivision,Design guides,principles and specifications for subdivision plans. Standards:The the preparation of ARTICLE V §303.33.Pre-Application Procedure. §303.34.Before subdividing any tract of land and previous to the filing of an application for conditional ap- proval of the Preliminary Plat,the Subdivider should meet with the City Planning and Zoning Commission and discuss his plans.Plans and data should be presented to the Commission as specified in Article VI,Section 303.52,303.53,303.54 and 303.55 of this ordinance.This step does not require formal application,fee nor filing of plat with the Commis- sion. Advise to Subdivider: The purpose of the "Pre-application Procedure"is to afford the subdivider an opportunity to avail himself of 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 ap- proval,in order to save time and money and to make the most of his opportunities. He should also consul t with parties potentially in- terested with him or with the ultimate users of the develop- ment,such lending and mortgage insurance institutions,with a view to reaching,at this initial stage,firm conclusions regarding what part of the market demand should be served, -4- 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. Here is where the die is cast;opportunities are assured or lost.Good counsel on all parts of the problem is essential at this stage.The subdivider is advised to engage a land planning specialist qualified to help him resolve the major factors into a workable and profitable subdivision plan. §303.35.Either at the time of meeting or within fifteen (15)days after such meeting and discussion the Com- mission 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 objectives of these regulations,it shall express its reasons therefor. §303.36.Preliminary Plat Procedure. §303.37.On reaching conclus ions,informally as recommended in Section303.33 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 VI., Section303.36. §303.38.At least four (4)prints of the preliminary plat together with four (4)completed application forms for preliminary approval,and preliminary plat fees shall be sub- mitted to the Administrative Officer at least two (2)'weeks prior to the Commission meeting at which consideration is de- sired.The Administrative Officer shall immediately refer two (2)copies of said plat to the Secretary of the Commis- sion and one (1)copy to the City's Engineer upon receipt of a preliminary plat. §303.39.No land shall be approved for subdivision which is subject to periodic flooding or which contains ex- tremely poor drainage facilities.However,if the Subdivider agrees to make improvements which will,in the opinion of the Engineer,make the area completely safe for occupancy and provide adequate drainage,the preliminary plan may be approved. §303.40.The Commission shall notify the owner or subdivider as to the time and place of the meeting at which -5- his plat and plan will be studied.The Commission may direct that the owner or subdivider attend any deliberation on the submitted plat. §303.41.The Commission shall study and act on the preliminary plat and the Engineer shall study said plat and plans in regard to street layout and the provision of water and sewerage and make this recommendations on these aspects to the Commission;all to be accomplished within forty-five (45)days after submission to the Administrative Officer.If the Commission disapproves a plat,the reasons for disapprov- al shall be remedied prior to further consideration.The preliminary plat shall not be approved until the plans and specifications for necessary improvements are acceptable to the Engineer. §303.42.If the Commission acts favorable on a pre- liminary 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 ac- tion shall be noted on the plat,signed by the Mayor,attest- ed to by the City Clerk and be returned to the subdivider for compliance with final plat requirements. §303.43.Conditional approval of 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 said applicant may or before the expiration whole or part or parts of for final approval. submit on date the said plat §303.44.Final Plat Procedure §303.45.Before consideration of a final subdivision plat,the Subdivider shall have installed the improvements required under Article VIII or the Commission shall require the posting of adequate performance guarantees with the Ad- ministrative Officer to assure the installation of the re- quired improvements within one (1)year after final approval of the plat.See following Section 303.46. -6- §303.46.The final plat or in the case of large sub- divisions,a final plat of part of the area covered by the approved preliminary plat and final plat fees shall be sub- mitted to the Administrative Officer.Four (4)prints and four (4)copies of the application form for final approval shall be submitted to the Administrative Officer at least fourteen (14)days prior to the date of a Commission meeting at which action is sought.Unless the preliminary plat is approved without changes,the final plat shall be accompanied by a statement from the Engineer that he has received a map showing all utilities in exact location and elevation, identifying those portions already installed,and that the Subdivider has complied with one or a combination of the following: A.Before the City Counc il approves the final plat,all of the foregoing im- provements shall be constructed and accepted by formal resolution of the Ci ty Council.Before passage of said resolution of acceptance,the City Engineer shall report that said im- provements 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 bond or certified check with the City,guaran- teeing 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 certified check or cash bond is posted,final accep- tance of the plat will not constitute final acceptance by the City of any im- provements to be constrtucted.Im- provements will be accepted only after their construction has been completed and inspection by appropriate City personnnel 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 -7- have been completed and accepted by the City. The amount of the bond or certified check shall not be less than the 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. 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 the size,shape and arrange- ment of the lots is being changed;pro- v ided,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 require- ments of this Ordinance. The Council may waive the requirments 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. §303.47.The Administrative Officer shall immediate- ly refer two (2)copies of said plat to the Secretary of the Commi ss ion and one copy to the Eng ineer upon rece ipt of a final plat.The Commission shall be assisted by the Engine- er's recommendations and shall act upon the final plat within thirty (30)days after the date of submission for final ap- proval to the Administrative Officer. §303.48.If approval is given,the Commission shall vote such approval on the plat over the signature of both the Chairman and Secretary of the Commission and the Commission shall then forward the plat to the City Council for final ap- proval and acceptance of all streets,alleys,ways, -8- easements,parks or areas preserved for,or dedicated to,the public. §303.49.If the Commission does not recommend ap- proval 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 unanimous favorable vote by the entire membership of the City Council. §303.50.Upon final approval,copies of the final plat shall be filed by the City Council with the following: A.Planning and Zoning Commission B.Administrative Officer C.City Engineer §303.51.After final approval by the City Council, the Commission 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. ARTICLE VI Specifications for Plats and Plans §303.52.pre~Application Plans and Data §303.53.General Subdivision Information shall de- scribe 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 exis- ting covenants,land characteristics,and available community facilities and utilities;and information describing the sub- division 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. §303.54.A Location Map shall show the relationship of the proposed subdivision to eXisting community facilities which serve or influence it.Such map shall include the de- velopment name and location;main traff ic arteries;public transportation lines;shopping areas;elementary and high -9- schools;parks and playgrounds;principal places of employ- ment;other community features such as railroad stations, airports.hospitals and churches;title,scale,north arrow and date. 1303.55.A sketch plan on a topographic survey may (if available)shall 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 fre-hand 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 303.62 and 303.63 below or such of these items of data as the Commission determines is necessary for its consideration of the proposed sketch plan. 1303.56.Preliminary Plat 1303.57.The preliminary plat shall be drawn on suitable tracing paper or other material of suitable quality with black ink or graphite pencil at a scale of one hundred (100)feet to one (1)inch or larger.It shall show all the following existing and proposed data and condtions: 1303.58.Date,scale and north point. 1303.59.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. 1303.60.Approximate total area of proposed subdivi- sion. 1303.61.Names and addresses of owner or subdivider of tract and Engineer or person preparing plat and informa- tion. 1303.62.Topographic map,reference to City datum, of the area showing contours as follows:two (2)foot inter- vals where slope is seven (7)percent or less;five (5)foot intervals where slope is from seven (7)to fifteen (15)per- cent;ten (10)or twenty (20)foot intervals where slope is greater than fifteen (15)percent.All areas of the subdivi- sion to be platted with a slope of greater than twenty-five (25)percent shall be clearly indicated. 1303.63.Water elevations of adjoining lakes,rivers and streams at date of survey and their approximate high and -10- low water elevations.All elevations shall,when possible, refer to established City datum. §303.64.Location and names of adjacent subdivisions and the owners of adjoining parcels of unsubdivided land. §303.65.Present classification of land to lands. restricted residence be subdivided and all district adjacent §303.66.Location,widths and names of all existing, platted or dedicated streets,easements,railroad and utility rights-of-way,parks,water courses,drainage ditches,per- manent 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. §303.67.Location,size and flow elevations,to City datum,of existing and proposed sanitary and storm sewer 10- ca tion and size of water mains,culverts and other under- ground facilties within the area being subdivided and within one hundred (100)feet of the exterior boundaries thereof. Also to include location of gas lines,fire hydrants,elec- tric and telephone lines or poles,and street lights. §303.68.Lengths and bearings of the exterior boun- daries of the land being subdivided. §303.69.The location and width and name of all pro- posed streets and rights-of-way and easements,whether pUblic or private,for public and private utilities.Street names shall be identified to existing street names if the proposed street is an extension of the existing street.Public streets shall be required in all subdivisions. §303.70.Approximate dimensions of all lots. §303.71.Approximate radii of all curves and lengths of all tangents. §303.72.Approximatefinish grades of all streets and surface drainage facilities with spot elevations given in cri tical areas,at every proposed street intersection and where severe cuts or fills are proposed. §303.73.Approximate location and area of all pro- perty to be dedicated for public use or reserved by deed -11- covenant for use by all property owners in the development, with a statement of the conditions of such dedication or re- servation. §303.74.Where public water supply and sanitary sewers are reasonably available,the subdivider shall connect to these systems.Where the public systems are not avail- able,the subdivider shall indicate the type of water supply and sewage treatment proposed to be provided. §303.75.A feasibility report of community water and sewerage facilities where such facilities are to be incorpor- ated in the final plat. §303.76.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. §303.77. States Department when requested by A soil analysis obtainable from the united of Agriculture,Soil Conservation Service, the City's Engineer. §303.78.Final Plat §303.79.The final plat shall be drawn in ink on tracing cloth on sheets no larger 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 continguous sections satisfactory to the Commission.The Final Plat shall show the following: §303.80.All information required and shown on the preliminary plat as required by Sections 303.57,303.58, 303.59,303.60,303.61 and 303.63 of this ordinance. §303.81.Accurate angular and lineal dimensions for all lines,angles and curvatures used to describe boundaries. §303.82.True angles and distances to the nearest street lines or official monuments. §303.83.Lines of adjoining streets and alleys,with widths and names. -12- §303.84. accurately tied and angles. Township,county and section lines to the lines of the subdivision by distance §303.85.Radii,arcs and chords,points of tangency, central angles for all curvilinear streets and radii for all rounded corners. §303.86.Exact dimensions of all lots. §303.87.An identification system for all lots and blocks using consecutive numbers. §303.88.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 "Dedicated to Public".All protective or deed covenants or private restrictions shall be shown on the plat or correctly referenced. §303.89. the Restrictive strictions. Building set back lines as established by Residence Districts Ordinance or deed re- §303.90.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 shall be shown on the plat correctly referenced. §303.91.Proper acknowledgements of owners and mortgagees accepting said platting and restrictions. §303.92.When a proposed entrance of the subdivision is onto a controlled access street or road,the approval of the City's Eng ineer regarding such entrance shall accompany the final plat.Where such control is exercised by the Iowa State Highway Commission,the approval of this body shall accompany the final plat. §303.93.Certification by a Licensed Land Surveyor that the plat represents a survey made by him and that monu- ments and markers shown thereon exist as shown. §303.94.Every plat shall be accompanied by a com- -13- plete abstract of title and an opinion from an attorney at law showing that the fee title is in the proprieter and that the land platted is free from encumbrance,or is free from encumbrance other than that secured by the bond provided for in Section 409.11 of the Code of Iowa;and a certified statement from the treasurer of the county that it is free from taxes,and from the clerk of the district court that it is free from all judgments,attachments,mechanics or other 1 iens as appears by the record in his office,and from the recorder of the county that the title in fee is in such pro- prietor and that it is free from encumbrance or fee from encumbrance other than that secured by the above cited bond as shown by the records of this office. §303.95.A Certificate by the owner or owners dedi- cating 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 "Dedicated to Public", and the granting of utility easements as shown on the plat. §303.96.A Certificate of Approval by the Planning and Zoning Commission and the City's Engineer. §303.97.A Resolution of Plat Approval with the mayor and clerk's certification. ARTICLE VII SUBDIVISION DESIGN STANDARDS §303.98.Streets §303.99.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. §303.100.The arrangement of streets in a subdivi- sion shall either: A.Provide for the continuation or appro- priate projection of existing principal streets in surrounding areas,or B.Conform to a plan for the neighborhood approved or adopted by the Commiss ion to meet a particular situation where -14- topographical or other conditions make continuance or conformance to existing streets impracticable. §303.101.Minor streets shall be so laid out that their use by through traffic will be discouraged. §303.102.Where a subdivision abuts or contains an existing or proposed arterial street,the Commission may re- quire marginal access streets,reverse frontage 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. §303.103.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,as for park purposes in residential dis- tricts,or for commercial or industrial purposes in appropr- iate districts.Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. §303.104. streets shall be definitely placed the Commission. Reserve strips controlling prohibi ted except where their with the City under conditions access control approved to is by §303 .105.Street jogs with centerl ine offsets less than one hundred and twenty-f ive (125)feet shall avoided. of be §303.106.A tangent at least one hundred (100)feet long shall be introduced between reverse curves on arterial and collector streets. §303.107.When connecting street lines deflect from each other at anyone 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. sect §303.108. as nearly as Streets shall be laid out so as to inter- possible at right angles and no street -15- shall intersect and other street at less than sixty (60)de- grees.More than two (2)streets intersecting at the same location shall be prohibites. §303.109.When the Commission finds it necessary for reasons of safety and the protection of property,property lines at street intersections shall be rounded with a radius of fifteen (15)feet or they may permit comparable chords in lieu of the rounded corner. §303.110.Street and right-of-way widths shall not be less than as follows: Street Type Right-of-Way Minimum Width of Roadway Surface* State Arterial (Requirements set by the Iowa Department of Transportation) 80 ft.31 ft.BIB 70 ft.31 ft.BIB 60 ft.25 ft.BIB 60 ft.25 ft.BIB 50 ft.25 ft.BIB Municipal Arterial Collector Minor Cul-de-sac Marginal Access *Greater widths may be required.Each situation will be reviewed on a case by case basis. §303.111.Half streets shall be prohibited,except where essential to the reasonable development of the subdivi- sion in conformity with the other requirements of these regu- lations,and where the Commission finds it will be practic- able 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. §303.112.Dead-end streets,designed to be so perma- nently,shall not be longer than six hundred (600)feet ex- cept where the Commission has approved a maximum length not to exceed one thousand (1,000)feet due to property limita- tions.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 twenty (120)feet.The Commission may ap- prove a "T"or "yo type turnaround in lieu of the circular turnaround. §303 .113.No street names shall be used which will duplicate or be confused with the names of existing streets. -16- Street names shall be subject to the approval of the Commis- sion. §303.114.Street not exceed the following, vertical curves: grades,wherever feasible,shall with due allowance for reasonable Street Type Percent Grade Arterial Collector Minor Cul-de-sac Marginal Access 6% 8% 10% 10% 8% percent roadway. §303.115.No street where drainage is grade shall be carried wi thin less the than 0.5 traveled §303.116.Alleys §303.117.Alleys shall be provided in commercial and industrial districts except that the Commission may waive this requirement where other definite and assured provision is made for service access,such as off-street loading, unloading,and parking consistent with and adequate for the uses proposed. §303.118.Alleys shall not be permitted in a resi- dential district unless deemed necessary by the Commission. §303 .119.The minimum width of an alley shall be twenty (20)feet. §303.120.Alley intersections and sharp changes in alignment shall be avoided;but where necessary,corners shall be cut off sufficiently to permit safe vehicular move- ment. §303.121.Dead-end alleys shall be avoided where possible;but if unavoidable,shall be provided with adequate turnaround facilties at the dead end,as determined by the Commission. §303.122.Easements §303.123.Easements across lots or centered on rear or side lot lines shall be provided for utilities and shall -17- be not less than 7.5 feet in width on each side of all rear lot lines and side lot lines where necessary for poles, wires,conduits,storm sewer and sanitary sewers,gas,water and heat mains.Greater width easements may be required in some cases. §303.124.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 con- forming substantially with the lines of such watercourse,and such further width or construction or both as will be adequte for the purpose.Parallel streets or parkways may be re- quired in connection therewith.If it is deemed advisable by the Commission or the 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 estalished by a Registered Professional Engineer for the subdivider. §303.125.Blocks §303.126.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 dimensions. as to lot sizes and C.Needs for convenient access,circula- tion,control and safety of street traffic. D.Limitations and opportunities of topog- raphy and other natural features. §303.126. sand four hundred (500)feet. Block lengths shall not exceed one thou- ($1,400)feet,or be less than five hundred §303.127.Pedestrian crosswalks,not less than ten (10)feet wide,shall be required where deemed essential to provide circulation,or access to schools,playgrounds,shop- ping centers,transportation and other community facilities. -18- §303 .128.Lots §303.129.The lot size,width,depth,slope and orientation,and the minimum setback lines shall be appropri- ate for the location of the subdivision and for the type of development and use contemplated. §303.130.Lot dimensions shall be as follows: A.Residential lots where served by public sewer shall be not less than sixty (60) feet wide at the building setback line nor less than seven thousand two hun- dred (7,200)square feet in area. B.Re s iden t ial lots where not served by public sewer shall be not less than one hundred twenty (120)feet wide at the building setback line nor less than twenty thousand (20,000)square feet in area. §303.131.Depth and width of properties reserved or laid out for commercial and industrial purposes shall be ade- quate to provide for the off-street service and parking faci- lities required by the type of use and development contempla- ted. §303.132.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. §303.133.Large lot subdivisions. is divided into lots containing one (1) Whenever the area or more acres and there are indications that such lots will eventually be sub- divided into smaller building lots consideration shall be given to the street and lot arrangement of the original sub- division so that additional minor streets can be opened which will permit a logical and functional arrangement of smaller lots. §303.134.Double frontage and reverse frontage lots should be avoided except where essential to provide separa- tion of residential development from traffic arteries or to overcome specific disadvantages of topography and orienta- tion.A planting screen easement of at least ten (10)feet, -19- and across which there shall be no right of access,shall be provided along the line of lots abutting such a traffic ar- tery or other disadvantageous use. §303.135.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. §303.136.Corner lots for residential use shall have additional width to permit appropriate building setback from an orientation to both streets. §303.137.Public Sites and Open Spaces §303.138.Where a proposed park,playground,school or other public use is located in whole or in part in a sub- division,the Commission may require that such area be reser- ved for acquisition by the City or School District for a period of one and one-half (1 1/2)years,in those cases in which the Commission deems such requirements as reasonable. §303.139.Where deemed essential by the Commission, upon consideration of the particular type of development in the subdivision and especially in large scale neighborhood uni t development,the Commission may require a one and one- half (1 1/2)year reservation 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. §303.140.utilities §303.14l.The source of domestic water supply and type of sewage disposal shall accompany each plat for the in- formation of the Commission,the Engineer and the City Council. ARTICLE VIII Required Improvements §303.142.Monuments §303.143.Durable iron monuments shall be placed at all lot and block corners,at all angle points in any line, -20- at each end of all curves,and at such other points as may be required by the City's Engineer. §303.144.The external boundaries of the subdivi- sion,block corners,angle points and ends of curves shall be monumented in the field by iron rods or pipes at least thirty (30)inches long and one and one-half 1 1/2)inches in dia- meter. §303.145.All lot corners and other points not re- ferred to in Section 303.144 shall be monumented in the field by iron rods or pipes at least twenty-four (24)inches long and one (1)inch in diameter. §303.146.All monuments shall be properly set flush with the ground by a licensed land surveyor. §303.147.Street Construction §303.148.The subdivider shall grade and improve all streets with 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.Minimum pavement thickness shall be: Portland Cement Concrete -6 inch reinforced or 7 inch non-reinforced Asphaltic Concrete 8 1/2 inch Pavement thickness requirements in commercial or industrial areas will be evaluated on a case by case basis.Construc- tion of all streets shall be in accordance with the Standard Specifications. §303.149.The width of the roadway shall conform to the requirements of its functional classification as specified in Article VII.,Section 303.110. §303.150.Alleys shall be paved with either Portland cement concrete or asphaltic concrete to their full width in accordance with specif ications approved by the City's Engineer. §303.151.All streets shall be sodded or seeded with grass in a manner which shall provide sui table protection -21- from erosion over that area lying between the right-of-way lines and the back of street curbs. §303.152.Street profiles and the necessary drainage plans to serve the area shall be determined and designed by a Reg istered Professional Eng ineer 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. §303.153.Sidewalk Construction §303.154.The subdivider 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. §303.155.Water Facilities §303.156.Where a public water main is accessible, the subdivider shall install adequate water facilities to meet the needs of th development and to provide fire flow protection.The size of water main extensions shall be 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 Speci- fications and the design standards of the Iowa Department of Water,Air and Waste Management 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 no more than 600 feet apart and within 300 feet of any structure and shall be approved by the City. §303.157.If a public utility system is not available,individual wells may be used,provided that construction is in accordance with Iowa State Department of Health Standards and that samples submitted to the Iowa State Department of Health are approved for human consumption. §303.158.Sewer Facilities §303.159.Where a public sanitary sewer is accessi- ble,the subdivider shall install adequate sanitary sewer facilities (including the installation of house service lines -22- to the street right-of-way lines)subject to the specifica- tions of the City's Engineer. §303.l60.Where sewage pumping stations are requir- ed.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 out- side 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.he 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 his sub- division has to the total area served by the sewage pumping station. §303.l6l.Where a public sanitary sewer is not available.the minimum lot areas shall conform to the re- quirements of Section 303.130 of this ordinance.The subdi- vider shall make.or cause to be made.percolation tests of the soil as required by the City's Engineer.These tests shall be the basis for design of individual sanitation facil- ities. §303.l62.In the future.however.if a public sani- tary 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. §303.l63.Storm Water §303.l64.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 aID-year reocurrence interval.Minimum pipe size shall be 15 inches except for intake cross-runs which shall be 12 inch minimum diameter. For storms greater than the 10-year.use the 100 year storm for design of overland flow drainage. -23- §303.l65.All storm sewer design and construction shall be done in accordance with the standards and specifica- tions of the City's Engineer. §303.l66.Natural Gas §303.l67.The subdivider shall be responsible for the cost of installing the natural gas system within all new subd ivis ions.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. §303.l68.Street Lights §303.l69.Street lights shall be installed to illu- minate all roadways and sidewalk surfaces as determined by the City Council upon recommendation of the City's Engineer and in accordance with the design and specification standards approved by the City's Engineer. §303.l70.Utilities §303.l71.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 necesary rights- of-way and easements. §303.l72.Public water,storm drains and sanitary sewer or septic system plans shall be designed by a Register- ed Professional Engineer for the subdivider.The facilities shall be constructed in accordance with such plans and the Standard Specifications and shall be subject to the supervi- sion and approval of the City Engineer.The public improve- ments,except sidewalks,shall be installed or bond posted therefor prior to construction of buildings on the lots. §303.l73.The location and depth of all underground utilities shall be in accordance with the general utility lo- cation plan prepared by the City's Engineer. ARTICLE IX §303.l74 Maintenance Bonds -24- §303.175.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. §303.176.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. §303.177.Time Period.The subdivider shall be required to maintain all required improvements free of de- fects due to faulty materials and workmanship after accep- tance 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 -four (4)years §303.178.Subcontractor Bonds.Maintenance bonds posted by the subdivider's contractor may be accepted provi- ding the contractor or subcontractor is bound unto the City for the maintenance of the improvement. §303.179. the amount of the by the City. Amount.Maintenance bonds shall be in performance bonds or as otherwise approved ARTICLE X §303.180. Specifications Adoption Of Standard Construction §303.181.The City of Waukee,Iowa,hereby adopts in full the standard construction specifications for the City of Waukee,Iowa,as proposed and recommended by the City Engine- er on the 4th day of October,1983.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.A copy of the specifica- tions shall remain on file at the Office of the City Clerk and shall be available for inspection and copying.All con- -25- tractors and suppliers shall be charged with knowledge of its contents. §303.182.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. ARTICLE XI Variances §303.183.Hardship §303.184.Where the Commission finds that extraordi- nary hardships may resul t from strick compl iance 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. §303.185.Large Scale Development §303.186.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 Com- mission 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. §303.187.Conditions §303.188.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. -26- I, ARTICLE XII AMENDMENTS §303.189.Any regulations or provisions of this or- dinance 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. ARTICLE XIII Schedule of Fees,Charges,and Expenses §303.190.The City Council shall establish a schedu- le of fees,charges,and expenses and a collection procedure for plat approval and other matters pertaining to this ordi- nance.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,char- ges,and expenses have been paid in full,no action shall be taken on any application or appeal. §303.191.Construction Review. §303.192.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. ARTICLE XIV Conflict and Validity §303.193.Conflict -27- §303.194.Wherever the requirements of this ordi- nance are at variance with the requirements of any other law- fully adopted rules,regulations,or ordinances,the most re- strictive or that imposing the higher standard shall govern. §303.195.Validity §303 .196.Should any section,sentence,clause or provision of this ordinance be declared by a court to be in- valid,the same shall not affect the validity of this ordi- nance as a whole or the remaining portions of this ordinance. ARTICLE XV Penalty §303.197.Any person,firm or corporation who viola- tes,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 XVI Enactment and Effective Date §303.198.This ordinance shall be in full force and effect from and after its passage,adoption,as provided by law. Section 2.Severability.If any section,provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional,such adjudication shall not affect the va- lidity of the ordinance as a whole or any section,provision or part thereof not adjudged invalid or unconstitutional. Passed by the Council the 10th day of January,1984,and approved this lOth day of January,1984.aG;~~~~~~~,#'~L- MAY 0 R