HomeMy WebLinkAbout1981-12-29-Ordinance 2007_Land Subdivision Regulations-------(~
ORDINANCE No.2007
AN ORDINANCE PROVIDING RULES,REGULATIONS AND STANDARDS TO
GUIDE LAND SUBDIVISION IN WAUKEE,IOWA.
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.Adoption Clause.That the comprehen-
sive subdivision regulations of the City of Waukee,Iowa,
a copy of which is hereto attached,and by this reference
made a part hereof as though fully set out herein,is
hereby adopted as the subdivision ordinance of the City of
Waukee,Iowa,pursuant to publ ished notice in accordance
with the state law and public hearing held on the ~day
of December,1981.
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 24
ARTICLE X Amendments 25
ARTICLE XI Schedule of Fees,Charges,25
and Expenses
ARTICLE XII Conflict and Validity 25
ARTICLE XIII penalty 26
ARTICLE XIV Enactment and Effective date 26
)LANDSUBDIVISIONREGULATIONS
CITY OF WAUKEE,IOWA
An ord inance prov id ing 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 ofWaukee,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
Ci ty 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
language .used herein
following rules:
the purpose
shall be in
of this ordinance
accordinance with
the
the
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December 29,1981
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§303.5.The singular number shall include the plural
and the plural,the singular.
§303.6.The use of the present tens~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 word "should"is suggestive.
§303.8.The word "building"shall include the word
"structure".
§303.9.The word "Eng ineer:shall,unless otherwise
modified,mean City Engineer.
§303.10.The words "Specifications"or Specification
of the City I S Engineer"refers to specifications attached
hereto and by this reference made a part of this ordinance.
)
§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 pruperty line.
Line:A
building
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 st re e t sof"a re sid en t'ulr-aErv'elcjprrle-rit'--ari'a---'--~~-'
streets for basic circulation within such a development.
§303.17.Commission:
Zoning Commission.
The City's Planning and
c J
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§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.
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§303.23.
which is parallel
vides access to
through traff ic.
.Marginal Access Street:A minor street
and adjacent to an arterial,and which pro-
abutting properties and protection from
§303.24.Minor Street:A
continuity used primarily for access
and the local needs of a neighborhood.
street of limited
to abutting properties
§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
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§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-
v ing a new street shall not be deemed a subd i vision.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
ARTICLEV
§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 Prel iminary Plat,the Subd i vider 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.
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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 consult with parties potentially in-
terested ·withhimor with the-urtimate·--users--o·f~th~e--deve-J:op---_·__··_----·
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,
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the suitability of the location of the proposed subdivision,
the most advantageous subd iv ision 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 regulat ions.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 conclusions,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 ogcupancy and-.-.--"~-_.._~._.-~p-rovide-------a'd-equate dr a inaqe I --the p-r·-e-lirninaYy-·---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
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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.I f 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
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§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 o t: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.
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§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 appl ication form for final approval
shall be submitted to the Administrative Officer at least
fourteen (14)days prior to the date of a regular 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:
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A.Before the City Council approves the
final plat,all of the foregoing im-
provements 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 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·certif ied check
or cash bond is posted,final accep-
tance of the plat will not consti tute
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·"-conforcmance~to·-~~--.._.."~..~._..-.
specifications and standards of the
City and Ordinances of the City.No
public funds will be expended in the
Subdivision until such improvements
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-----·~~----~·~·-·-----------§303;-48";-Tf---crppYovalisgiven,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,
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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 resubd ivision
where only the size,shape and arrange-
ment of the lots is being changed;pro-
vided,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
Commission and one copy to the Engineer upon receipt 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.
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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 publ ic 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 traffic arteries;public
transportation lines;shopping areas;elementary and high
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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.
5303.55.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 to.pographic 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.
5303.56.Preliminary Plat
5303.57.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:
5303.58.Date,scale and north point.
5303.59.Locat ion of the plat by quarter section,
township and range,and any other necessary legal description
to describe the boundary lines of the proposed subdivision.
5303.60.Approximate total area of proposed subdivi-
sion.
5303.61.Names and addresses of owner or subdivider
of tract and Engineer or person preparing plat and informa-
tion.
5303.62.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,,"cfive
(25)percent shall be clearly indicated.
5303.63.Water elevations of adjoining lakes,rivers
and streams at date of survey and their approximate high and
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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.
rest-ricted 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 lo-
cation 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
critic.al areas,at every proposed street intersection.and
where severe cuts or fills are proposed.
perty
§303.73.Approximate location and
to .be dedicated for public use or
all pro-
by deed
area of
reserved
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covenant for use by all property owners in the development,
with a statement of the conditions of such dedication or re-
servation.
5303.74.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.
5303.75.A feasibility report of community water and
sewerage facilities where such facilities are to be incorpor--
ated in the final plat.
5303.76.Percolation test results,minimum of .one
(1)per acre,together with soil bor ings,a minimum of one
(1)for every acre,to indicate depth of water table and rock
formation,when requested by the City Engineer.
5303.77.
States Department
when requested by
A soil analysis obtainable from the United
of Agriculture,Soil Conservation Service,
the City's Engineer.
5303.78.Final Plat
5303.79.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:
5303.80.All information required and shown
preliminary plat as required by Sections 303.57,
303.59,303.60,303.61 and 303.63 of this ordinance.
on the
303.58,
5303.81.Accurate angular and lineal dimensions for
all lines,angles and curvatures used to describe boundaries.
5303.82.True angles and distances to the nearest
street lines or official monuments.
5303.83.Lines of adjoining streets and alleys,with
widths and names.
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§303.84.
accurately tied
and angles.
Township,county and section lines
to the lines of the subdivision by distance
central
rounded
§303.85.Radii,arcs and chords,points of tangency,
angles for all curvilinear streets and radii for all
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 Engineer 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 L·and ·Surveyor
that the plat represents a survey made by him and that monu-
ments and markers shown thereon exist as shown.
§3"03.94.Every plat shall be accompanied by a com-
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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
liens 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.
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§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 ne ighborhood
approved or adopted by the Cornrnission
to meet a particular situation where
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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 ana 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 determin€d 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 thei r
with the City under conditions
access
control
approved
to
is
by
§303.105.Street jogs with centerline offsets
less than one hundred and twenty-five (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 su ch-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
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)
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 right-of-way widths shall be not
less than as follows:
Street Type Right-of-Way Minimum Width of
Roadway Surface
State Arterial Requirements set by Iowa State
Highway Commission
80 ft.25 ft.b.b.
70 ft.25 ft.b.b.
60 ft.25 ft.b.b.
60 ft.25 ft.b.b.
50 ft.25 ft.b.b.
on-street parking is to be permitted,an
(9)feet per parking lane shall be re-
}
Community Arterial
Collector
Minor
Cul-de-sac
Marginal Access
Note:Where
additional nine
quired.
§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 practica-
ble to require the dedication of the other half when the ad-
joining 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.
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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 grade shall be
where drainage is carried within
than 0.5
traveled
less
the
§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
S303.123.Easements across lots or centered on rear
or side lot lines shall be provided for utilities and shall
-17-
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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 drainagB
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
sui table to the special needs of the
type of use contemplated.
B.Requirements
dimensions.
lot sizes andasto
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.
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§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.Residential 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.
§30 3.131.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 mirior streets can be opened which
will permit.a log ical and functional arrangement of smaller
lots.
.:.§39.3.,~~""Q2ldP.~~c,.~j~1:Q.ntage.and :r.?v~'l:.§';L;:fr,g.ll:t.ag~.1(),t.l:'L..
should be avoided'except 'where essential to provide separa-
tionof,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,
and across'whi ch there shall be no right of access,shall be
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provided along the line of lots abutting such a traffic ar-
tery or other disadvantageous use.
§301.135.Side lot lines shall be substantially at
right angles or radial to street lines.Sidelines 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
add it ional width to permi t appropri ate build ing setback from
an orientation to both streets.
5303.137.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
unit 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
5303.141.The source of domestic water
type of sewage disposal shall accompany each plat
formation of the Commission,the Engineer and
Council.
supply and
for the in-
the City
ARTICLEVIII
Required Improvements
5303.142.Monuments
5303.143.Durable iron monuments shall be placed at
all lot and block corners,at all angle points in any line,
at each end of all curves,and at such other points as may be
required by the City's Engineer.
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§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.
§30 3.145.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.Pavement thick-
ness and specification shall be approved by the Cit~'s
Engineer.•
§303 .149.The width of the roadway shall conform to
the requirements of its functional classification as sp'eci-
fied in Article VII.,Section 303.110.
§303.150.
cement concrete or
accordance with
Engineer.
Alleys shall be paved with either Portland
asphaltic concrete to their full width in
specifications approved by the City's
§303.151.All streets shall be sodded or seeded with
grass in a manner whi ch Shall provide su itable protection
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 shall be subj ect to the recommen-
dations,supervision and approval of the City's Engineer.
§303.153.Sidewalk Construction
)
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)
§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 (in-
cluding fire hydrants)according to the specifications of the
City's Engineer and municipal water department.Proposed lo-
cations of fire hydrants shall be approved by the City's
Engineer and the municipal water department.
§303 .157.If a public utility system is not avail-
able,individual wells may be used,provided that construc-
tion is in accordance with Iowa State Department of Health
Standards and that samples submitted to the Iowa State Depar-
tment of Health are approved for human consumption.
§303.158.Sewer Facilities
)§303.159.Where a publ ic sanitary sewer is accessi-
ble,the subdivider shall install adequate sanitary sewer
facilities (including the installation of house service lines
to the street right-of-way lines)subject to the specifica-
tions of the City's Engineer.
§303 .160.Where sewage pumping stations are requir-
ed,the location will be determined by the City's Eng ineer.
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.
)
§303.161.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 subd i-
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vider shall make,or cause to be made,percolation tests of
the soi I as required by the Ci ty's Engineer.These tests
shall be the basis for design of individual sanitation facil-
ities.
§303.162.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 .
.§303.163.Storm Water
§30 3.164.When a publ ic 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.
§303.165.All storm sewer design and construction
shall be done in accordance with the standards and specifica-
tions of the City's Engineer.
§303.166.Street Trees
§303.167.Street trees having a trunk diameter (mea-
sured 12 inches above the ground level)of not less than two
(2)inches shall be planted along all residential streets,
where trees do not already exist,no less than thirty (30)
feet nor more than seventy-five (75)feet apart.
§303 .168.Only oak,hard maples,ginkgo or other
longlived shade trees acceptable to the City's Engineer and
Planning Commission shall be planted.
§303.169.Where required or permitted,street trees
or other plantings within the street right-of-way shall be
located as specified below:
Street
Right-of-Way
(feet)
Distance of Planting from
Front Property Line (feet)
Minimum Maximum
80
70
60
8-3/4
8-3/4
7-1/4
13-3/4
10-3/4
7-1/4
I
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§303.170.Street Lights
§303.171.Street lights shall be installed to illu-
minate all roadways and sidewalk surfaces as determined by
the Ci ty Counc il upon recommendation of the Ci ty's Eng ineer
and in accordance with the design and specification standards
approved by the City's Engineer.
§303.172.utilities
§303.173.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 rightg.-
of-way and easements.
§303.174.Publ ic water,storm drains and sani tary
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 prior to
construction of buildings upon the lots,and shall be subject
to supervision and approval by the City's Engineer.
§303.175.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
variances
§303.176.Hardship
§303.177.Where the Commission finds that extraordi-
nary hardships may result from strick 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.
§303.178.Large Scale Development
§303.179.The standards and requirements of these
r e qu Lat i on s 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 publ ic spaces and improvements for
the circulation,recreation,light,air and service needs of
-24-
December 29,1981
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.
§303.180.Conditions
§303.181.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.
ARTICLE X
AMENDMENTS
§303.182.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 mot ion 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 providihg 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 XI
Schedule of Fees,Charges,and Expenses
§303.183.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 off icial,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.
ARTICLE XII
Conflict and Validity
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§303.184.Conflict
§303.185.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.
§303.186.Validity
§303.187.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 XIII
penalty
§303.188.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 XIV
Enactment and Effective Date
§303.189.This ordinance shall be in full force and
effect from and after its passage,adoption,as provided by
law.
Section 2.Repealer and Savings Clause.All sub-
division regulations or parts thereof adopted before the 29th
day of December,1981,and not included in this ordinance are
repealed but such repeal shall not affect any act done,any
right accrued,accuring,or established,the tenure or emolu-
ments of off ice of any person hold ing off ice at the time
these ord inances take effect,or any forfeiture or penalty
heretofore incurred under or by virtue of any prior existing
ordinance,nor any prosecution,suit,or proceeding pending
at the time of such repeal.
Section 3.Effective date.
in effect after its final passage,
as required by law.
This ordinance shall be
approval,and publication
Passed by the Council the 29th day of December,1981,and
Approved this 29th day of December,1981.
Attest:
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