HomeMy WebLinkAbout1967-12-16-UNNUMBERED Ordinance_Land Subdivsion RegulationsLAND SUBDIVISION REGULATIONS --TO~m OF WAUKEE,IOWA
An ordinance providing rules,regulations and standards to guide land sub-
division in Waukee,Iowa.
AR'rICLE L.TITLE
SECTION 100.This ordinance shall be known,cited and referred to as "The Land
Subdivision Regulations of the Town of Waukee,Iowa."
ARTICLE 11.Purpose AND JURISDICTION
SECTION 200.The purpose of this ordinance is to provide regulations and standards
to guide land subdivision in the Town of Waukee and in the area within one mile of any
town limit line of Waukee in order to promote the public health,safety,convenience
and general welfare of the municipality.It shall be administered to insure the order-
ly growth and development and to insure adequate provision for ciI'culation,utiliti.es
and services.
ARTICLE Ill.ADMINISTR~TION'
SECTION 300.The provisions of this ordinance shall be admi.nistered by the Plan-
ning and Zoning Commission of the Town of Waukee.Plats shall be reviewed by the
Planning and Zoning Commission and the Town's Engineer after which the Commission
and the Engineer shall submit their recommendation and the plats to the Town Council
which shall have the final power to approve or disapprove the application.
ARTICLE IV.DEFINITIONS
SECTION 400.For the purpose of this ordinance the language used herein shall be
in accordance with the following rules:
singular.
400.1 The singular number shall include the plural and the plural,the
400.2 The use of the present tense shall include the past and future
tense,and the future shall include the present.
400.3 The word "shall"is mandatory,the word "may"is permissive,and
the word "should"is suggestive.
400.4 The word "building"shall include the word "structure";
400.5 The word "Engineer"shall,unless otherwise modified,means
To~m's Engineer.
400.6 The words "Specifications"or "Specification of the Town's Engi-
neer"refers to specifications attached hereto and by this reference made a part of
this ordinance.
SECTION 401.For the purpose of this ordinance,all words shall carry their
customary meanings,except as specifically defined hereafter:
401.1 ADMINISTRATIVE OFFICER:The Town Official appointed by the Town
Council to assist with the administration of this ordinance,who shall be responsible
for issuance of building permits.
401.2 ALLEY:Right-of-way providing a secondary means of access to the
side or rear of those properties whose principal frontage is on some other street.
SECTION
continuity
districts.
401.3 ARTERIAL S'rREET:A public right-of-way with a high degree of
which serves the movement of large volumes of traffic between various
401.4 BUILDING LINE:A line designating the,allowable proximity of
a building to an adjacent street,alley or property line.
401.5 COLLECTOR STREET:A street which carries traffic from minor
streets to an arterial,including the principal entrance streets of,a residential
development and streets for basic circulation within such a development.
401.6 COMMISSION:The Town's Planning &Zoning Commission.
401.7 CUL-DE-SAC:A minor street having one open end and being perm-
anently terminated at the other end by a vehicular turn-around.
401.8 EASEMENT:A grant by a property owner of the use of land for a
specific purpose.
401.9 FINAL PLAT:A map or plan of record of a subdivision,and any
accompanying material as described in Section 602.
401.10 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.
401.11 LOT:A portion of a SUbdivision or other parcel of land in-
tended as a unit for the purpose of transfer of ownership or for building develop-
ment.
401.12 MARGINAL ACCESS STREET:
adjacent to an arterial,and which provides
protection from through traffic.
A minor street which i~parallel and
access to abutting properties and
401.13 MINOR STREET:A street of limited continuity used primarily
for access to abutting properties and the local needs of a neighborhood.
401.14
use by pedestrian
or other.
PEDES'rRIAN WAY:A right-of-way across or within a block for
traffic whether designated as a pedestrian way or a crosswalk
401.15 PRELIMINARY PLAT:A tentative map or plan of a proposed sub-
division.
401.16 PROTECTIVE COVENANTS:Contracts entered into between prfuvate
parties and which constitute a restriction on the use of all priva~e property I
within a subdivision for the benefit of property owners,and to provide mutual
protection against undesirable aspects of development which would ~end to impair
stability of values.
401.17 ROADWAY:The developmd portion of a street available for veh-
icular traffic.
-,f
105
SECTION 401.18 STREET:A pUblic right-of-way which affords primary means
of access by pedestrians and yehicles to abutting properties.
401.19 SUBDIVIDER:Any person who undertakes the sUbdivision of land
as defined herein.
401.20 SUBDIVISION:The division of a parcel of land into three (3)
or more lots or parcels for the purpose of transfer of ownership or building de-
velopment,or,if a new street is involved,any division of a parcel of land;pro-
vided that the division of land for agricultural purposes into lots or parcel of
ten (10)acres or more and not involving a new street ~hall not be deemed a sub-
divison.The term includes re-subdivision and,when appropriate to the context,
shall relate to the process of sUbdividing or to the land subdivided.
401.21 SUBDIVISION DESIGN STANDARDS:The guides,principles and
specifica_ions for the preparation of subdivision plans.
ARTICLE V.PROCEDURE FOR PLAT APPROVAL
SECTIuN 500.PRE-APPLICATION PROCEDURE
500.1 Before sUbdividing any tract of land and previous to the filing
uf an application for conditional approval of the Preliminary Plat,the Subdivider
Should meet with the Town Planning and Zoning Commissiun and discuss his plans.
Plans and data should be presented to the Commission'as specified in ARTICLE VI.
SECTION 600,600.1,600.2 and 600.3 of tnis ordinance.This step does not require
formal application,fee nor filing of plat with the Commission.
Advise to SUbdivider:
The purpose of the "Pre-application Procedure"is to afford bhe 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 01·
the preliminary p.Lat and before formal application for its approvai,in order to
save time and money and to make the most of nis opportunities.
He should also consult with parties potentially interested with him or with the
ultimate users of the development,such as lending and mortage insurance insti-
tutions,with a view to reaching,at this initial stage,firm conclusions regarding
what part of the market demand should be served,the sUitability of the location of
the proposed sUbdivision,the most advantageous subdivision plan,the arrangement
of streets,lots and other features of the proposed developmeat.
Here is where the die is cast;opportunities are assured or lost.Good coun-
sel on all parts of the problem is essen_ial at this stage.The subdivider is ad-
vised to engage a land planning specialist qualified to help him resolve the major
factors into a workable and profitable subdivision plan.
500.2 Either at the time of meeting or within fifteen (15)days after
such meeting and discussion the Commission Shall inform the subdivider that the
plans and data,as submitted or as modified,do or do not meet the ·ohjecti.ves 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.
SECTION 501.PRELIMINARY PLAT PROCEDURE
,106
501.1 On reaching conclusions,informally as recommended in SECTION
500 above,regarding his general program and objectives,the Sub-divider shall
-(O'lJUseto be prepared a Preliminary Plat,together with improvement plans and other
supplementary material as speoified in ARTICLE VI.,SECTION 601."
501.2 At least four (4)prints or the preliminary plat together wi~h
(4)oompleted applioation forms for preliminary approval shall be submitted to the
Adminstrative Offioer at least two weeks prior to the Commission meeting at which
consideration is desired.The Administrative Officer shall immediately refer two
(2)oopies of said plat to the Secretary of the Commission and one (1)oopy to the
Town's Engineer upon receipt of a preliminary plat.
501.3 No land shall be approved for subdivision which is subjeot to
periodic flooding or whioh contains extremely poor drainage facilities.However,
if tne Suudivider agrees to maKe improvements Which Will,in the opinion of tne
Engineer,make the area compLet.eIy safe for occupancy and provide adequabe drainage,
the preliminary plan may be approved.
501.4 The Commission shall notify the owner or subdivider as
time and plaoe of the meeting at whioh his plat and plan will be studied.
Commission may direct that the owner or subdivider attend any deliberation
submitted plat.
to the
The
on the
501.5 The Commission shall study and aoton 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 his recommendations on these aspeots to
the Commission;all to be accomplished within forty-five (45)days after sub-
mission to the Administrative Officer.If the Commission disapproves a plat,the
reasons for disapproval shall be remedied prior to further oonsmderation.The
preliminary plat shall not be approved until the plans and speoifioations for
neoessary improvements are aooeptable to t"e Engineer.
501.6 If the Commission aots favorably on a preliminary plat,a
notation to that effeot shall be made on the plat above the signature of the
Chairman and Seoretary,and it shall be referred to the Town Counoil for aotion.
The Town Counoil shall aot within forty-five (45)days.Its aotion shall he
noted on the plat,signed hy the Mayor,attested to by the Town Clerk and he re-
turned to the subdivider for oomplianoe with final plat reqUirements.
501.7 Conditional approval of preliminary plat shall oonfer upon
the applioant the following rights for a two (2)year period from the date of
approval:
A.That the general terms and oonditions under whioh the pre-
liminary approval was granted will not be ohanged.
B.That the said applioant may submit on or before the expiration
date the wno Le or part or parts of said plat for final approval.
SECTION 502.FINAL PLAT PP.oCEDURE
\
502.1 Before oonsideration of a final subdivision plat,the Suo-
divider shall have installed the improvements required under ARTICLE ViII.or
the Commission shall reqUire the posting of adequate performanoe guarantees with
the Administrative Offioer to assure the installatiun of the required improvements
within one (1)year after final approval of the plat.See following SECTION 502.3.
107
502,2 The final plat or in the case of large sUbdivisions,a final plat of part
of tbe area covered by the approved preliminary plat,shall be submitted 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 regular Oommission meeting at
whicb action is sought.Unless the preliminary plat is approved witbout changes,
tbe final plat sball have incorporated all changes or modifications required by
tbe Oommission.Tbe 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,those to be inst,alled,
and that the SUbdivider has complied with one or a combination of the following:
A.Installed all improvements in accordance with the requirements
of these regulations,or
B.A performance bond,approved by tne Town Attorney,has been
posted with the Administrative Officer in sufficient amount to assure the com-
pletion of required improvements wi.thin one (1)year after final approval of the
plat.The amount of the bond shall not be less than the estimated cost of the
improvement as determined by a Registered Professional Engineer acting for the
Subdivider.The amount of bond shall also have the approval of the Townls Engineer,
502.3 The Administrative O{ficer Shall immediately refer two (2)copies
of said plat to the Secretary of the Gommission and one copy to the Engineer .
upon receipt of a final plat.The Oommission shall be assisted by the Engineer's
recommendations and shall act upon the final plat within thirty (30)days after
the date of submission for final approval to the Administrative Officer,
502.L,If approval is gillen,the Oommission shall vot e such approval
on the platover the signature of both the Ohairman and Secretary of the Com-
mission and the Commission shall then forward the plat to the Town Council for
final approval and acceptance of all streets,alleys,ways,easements,parks or
areas preserved for,or dedicated to,the public,
502.5 If the Oommission does not recommend approval of the final plat
of a subdivision,the Town 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 Town Oouncil.
SECTION 502.6 Upon final approval,copies of the final plat shall be filed by
the Town Oouncil with the following:
A.Planning and Zoning Commission
B.Administrative Officer
C.Townls Engineer
502.7 After final approval by the Town Council,the Commission shall
notify the owner or the subdivider,and the subdivider shall cause 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 Town shall rec·
ognize the plat as being in full force and effect.
ARTICLE Vi.
SECTION 600.
SPECIFICATIONS FOR PLATS AND PLANS
PRE-APPLICATION PLANS AND DATA
j -
108
600.1 General Subdivision Information shall describe or outline.
the existing conditions or the site and the proposed development as necessary
to supplement the draWings required below.This information may include data
on existing covenants,land characteristics,and available community facilities
and utilities;and information describing the subdivision proposal such as
number of residential lots,typical lot width and depth,business areas,play-
grounds,park areas and other public areas,proposed protective covenants and
proposed utilities and street improvements.
600.2 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 development name and location;main traffic arteries;public
transportation lines;shopping areas;elementary and high schools;parks and play-
grounds;principal places of employment;other community features such as rail-
road stations,airports,hospital and churches;title;scale,north arrow,and date.
600.3 A sketch Plan on a topograpnic survey map (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 free-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 iisted in Section
601.6 and 601.7 below or such of these items of data as the Commission determines
is necessary for i"s consideration of the proposed sketch plan.
SECTION 601.PRELIMINARY PLAT
601.1 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 conditions:
601.2 Date,scale and north point.
SECTION 601.3 Location of the plat by quarter section,section,township and
range,and any other necessary legal deBcription to describe the boundary lines
of the proposed subdivision.
601.4 Approximate total area of proposed subdivision.
601.5 Names and addresses of owner or subdivider of ·tract and Engineer
or person preparing plat and information.
601.6 Topographic map,referenced to Town datum,of the area showing
contours as follows:two (2)foot intervals where slope is seven (7)per cent
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 siope is greater than
fifteen (15)per cen".All areas of the subdivision to be platted witb a slope
of greater than twenty·five (25)per cent shall be clearly indicated.
601.7 Water elevati.ons of adjoining lakes,rivers and streams at date
of survey and their approximate hi.gh and low water elevations.All elevations
shall,wben possible,refer to established Town datum.
601.8 Location and names of adjacent SUbdivisions and tbe owners of
adjoining parcels of unsubdivided land.
109
601.9 Present restricted residence district classification of land to
be subdivided and all adjacent lands.
601.10 Location,widths and names of all existing,platted or dedica-
ted streets,easements,railroad and utility rights-of-way,parks,water courses,
drainage ditches,permanent bUildings and structures,section and township lines
and such other data as may be required by the Commission within the area being
subdivided and within one hundred (100)feet of the exterior boundaries thereof.
,60Lll Lccat Ion ,size and flow elevations,to Town datum,of existing
and proposed sani.bary and storm sewer;Lo cat.Lon and size of water mains,culverts
and other underground facilities 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,electric and telephone lines or poles,and street lignts.
601.12 Lengths and bearings of the exterior boundaries of the land
being subdivided.
601.13 The location and width and name of all proposed streets and
rights-of-way and easements,whether public or private,for pUblic and private
utilities.Street names shall be identical to existing street names if the proposed
street is an extension of the existinb street.Public streets shall be required
in all subdivisions.
601.14 Approximate dimensions of all lots.
601.15 Approximate radii of all curves and lengt~s of all tangents.
SECTION 601.16 Approximate finish grades of all streets and surface drainage
facilities with spot elevations given in critical areas,at every proposed street
intersection and where severe cuts or fills are proposed.
601.17 Approximate location and area of all property to be dedicated
for pUblic use or reserved by deed covenant for USe by all property owners in the
development,with a statement of the conditions of such dedication or reservation.
60L18 Where public water supply and sanital'Y sewers are reasonably
available,the subdivider shall connect to these systems.Where the public systems
are not available,the subdivider shall indicate the type of water supply and
sewage treatment proposed to be provided.
601.19 A feasibility report of community water and sewerage facilities
where such facilities are to be incol'porated in the final plat.
601.20 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 formatfuon,when requested by "he Town's Engineer.
601.21 A soil analysis obtainable from the Uni"ed States Department
of Agriculture,Soil Conservation Service,when requested by the Town's Engineer.
SECTION 602.FINAL PLAT
602.1 The final plat shall be drawn in ink on tracing cloth on sheets
nc 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
110
plat may be on several sheets accompanied by an index sheet showing the entire
subdivision.For large subdivisions,the Final Plat may be submitted for
approval progressively in contiguous sections satisfactory to the Commission.
The Final Plat shall show the following:
602.2 All information required and shown on the preliminary plat,
as required by SECTIONS 601.1,601.2,601.3,601.4,601.5 and 601.7 of this
ordinance.I602.30 Accurate angular and lineal dimensions for all lines,angles
and curvatures used to describe boundaries.
602.4 True angles and distances to the nearest street lines or official
monuments.
602.5 Lines of adjoining streets and alleys,with their widths and
namese
602.6 Township,county and section lines accurately tied to the lines
of the subdivision by distance and aggles.
602.7 Radii,arcs and chords,points of tangency,central angles for
all curvilinear streets and radii for all rounded corner.s
SECTION 602.8 Exact dimensions of all loos.
602.9 An identification system for all lots and blocks using consecutive
numbers.
602.10 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 streets,
shall be marked "Dedicated to Public."All protective or deed covenants or private
restrictions shall be shmwn on the plat or correctly referenced.
602.11 Building set back lines as established by the Restrictive Res-
idence Districts Ordinance or deed restrictions.
6u2.12 Where oommunity type water and sewerage faoilities are not avail-
able,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 or correctly ref-
erenced.
602.13 Proper acknowledgements of owners and mortgagees aocepting said
platting and restriotions.
602.14 When a proposed entrance of the subdivision is onto a controlled
access street or road,the approval of the Town'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 sball accompany the final plat.
602.15 Certification by a Licensed Land Surveyor that the plat represents
a survey made by him and tpat monuments and markers shown thereon exist as shown.
111
602.16 Every plat shall be accompanied by a complete abstract of title
and an opinion from an attorney at Law showing that the fee title is in the prop-
rietor and that the Land platted is free from encumbrance,or is free from encum-
brance 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 judgements,attachments,mechanics or otber liens as appears by the record in
bis of rice ,and from tbe recorder of the county that the title ia fee is in such
proprietor and that it is free from encumbrance or free from encumbrance other than
that secured by the above cited bond as shown by the records of his office.
602.17 A Certificate by the owner or owners dedicating to the pUblic for
full pub l.Lcuse all street and street rights-of-way and other land designated as
"Dedf.ca ted to Public",and the granting of utility easements as shown on the plat.
602.18 A Certificate of Approval by the Planning and Zoning CommissionandtheTown's Engineer.
cation.602.19 A Resolution of Plat Approval with the mayor and clerk's certifi-
ARTIELE vn ,SUBDIVISION DESIGN STANDARDS
SECTION 700.STREETS
700.1 The arEangement,character,extent,width,grade and location
of all streets Shall conform to existing and planned streets,to topographical condi-
tions,to public covenience and safety,and in their appropriate relation to the pro-
posed uses of the land to be served by such streets.
700.2 The arrangement of streets in a subdivision shaLL either:
A.Provide for the continuation or appropriate projection of exis-
ting principal streets in surrounding areas,or
B.Conform to a plan for the neighborhood approved or adopted by
the Commission to meet a particular situation where topographical or other condi-
tions make continuance or conformance to existing streets impracticable.
700.3 Minor streets Shall be so laid out that their use by throughtrafficwillbediscouraged.
700.4 Where a subdivision abuts or oontains an existing or proposed
arterial street,the Commission may require marginal access streets,reverse
frontage with screen planting oontained in a nonaccess reservation almng the rear
property line,deep lots with rear service alleys,or such other treatment as may
be necessary for adequate protection of the residential or other proposed proper-
ties and to afford seperation of through and local traffic.
700.5 Where a subdivision borders on or contains a railroad right-of-
way or limited access highway right-of-way,the Commission may require a street
approximately parallel to and on eacp side of such right-of-way,at a distance
suitable for the appropriate use of the intervening land,as for park purposes in
residential districts,or for commercial or industrial purposes in appropriate dis-
tricts.Such distances shall also be determined .
f w~tb due regard for the requirementsoapproachgradesandfutured.gra e separations,
112
700.6 Reserve strips controlling access to streets shall be pro-
hibited except where their control is definitely placed with the Town under
conditions approved by the Commission.
700.7 Street jogs with centerline offsets of less than one hundred
and twenty-five (125)feet shall be avoided.
700.8 A tangent at least one hundred (100)feet long shall be intro-
duced between reverse curves on arterial and collector streets.I700.9 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'(IOO)feet
for minor and collector streets,and of such greater radii as the Commission shall
det~rmine for special cases.
SECTION 700.10 Streets shall be laid out so as to intersect as nearly as pos-
sible at right angles and no street shall intersect any other street at less than
sixty (60)degrees.More than two (2)streets intersecting at the same location
shall be prohibited.
700.11 When the Commission finds it necessary for reasons of safety and
the protection of property,property lines at street intersections shall be roun-
ded with a radius of fifteen (15)feet or they may permit comparable chords in lieu
of the rounded corner.
700.12 Street right-of-way widths shall be not less than as follows:
Street Type Right-of-way Minimum Wiath
*of Roadway Surface
State Arteria ..ReqUJ.rements set hy Iuwa State Highway
Commission
ComlllunityArteriaJ.80 ft.25 ft.b.h.
Collector 70 ft.25 ft.b.b.
Minor 60 ft.25 ft.b.b.
Cul-de-sac 65 ft.25 ft.b.b~
Marginal Access 50 ft.25 ft.b.b.
Note:Where on-street parking is to be permitted,an additional nine (9)
feet per parking la ne shall be required.
700.13 Half streets shall be prohibited,except where essential to the
reasonable development of the subdivision in conformity with the other reauirements
of these regulations,and where the commission finds it will be practicable to re-
quire the dedication of the other half when the adjoining property is subdivided.
Whereever a half street is adjacent to a tract to be subdivided,the other half of ta
the street shall be platted within such tract.
700.14 Dead-end streets,designed to be so permanently,shall not be
longer than six hundred (600)feet except Where the Commission has approved a max-
imum length not to exceed one thousand (1,000)feet due to property limitations.
Such streets shall be provided at the closed end with a turn-around having an out-
side roadway diameter of at least eighty (80)feet,and a street property line dia-
meter of at least one hundred twenty (120)feet.The Commission may approve a"1:"r "Y"t t d i l'f .o ype urnaroun n ~eu 0 the c~rcular turnaround.
113 '
700.15 No street names shall be
fused with the names of existi.ng streets.
approval of the Commission.
used which will duplicate or be con-
Street names snall be subject to the
700.16 Street grades,wherever feasible,shall not exceed the following,with due allowance for reasonable verticaL curves:
SECTION 700.16 (con'td.)
§,Eeet TYRE!Percent Grade
Arterial
Collector
Minor
Cul-de-sac
Marginal Access
6%8%10%10%8%
700.17 No street grade shall be less than 0.5 percen.where drainage
is carried within the traveled roadway.
SECTION 701.ALLEYS
701.1 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,unLoad-
ing,and parking consistent with and adequate for the uses proposed.
701.2 Alleys shall not be permi.ted in a residential district unless
deemed necessary by the Commission.
701.3 The minimum width of an alley shall be twenty (20)feet.
701.4 Alley intersections and sharp changes in alignment Shall be avoid-
ed;but where necessary,corners Shall be cut off SUfficiently to permit safe veh-icular movement.
701.5 Dead-end alleys shall be avoided where possible;but if unavoid-
able,Shall be provided with adequate turnaround facilities at the dead end,as
determined by the Commission.
SECTION 702 .:EASEMENTS
702.1 Easements across lots or centered on rear or side lot lines shall
be provided for utilities and shall be not less than five(five)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.
702.2 Where a subdivision is traversed by a watercourse,drainage way,
channel or stream,there shall be provided a storm water easement or drainage
right-of-way conforming substantially with the lines of such watercourse,and
such further width or construction or both as will be adequate for the purpose.
Parallel streets or parkways may be required in connection therewith.If it is
deemed advisable by the Commission or the Engineer,such watercourse or drain-
age way may be re-estaolished to conform with the proposed street pattern,in
which case suitable storm drainage faciLities shall be installed as designed and
11,1
established b Y a Registered Professional Engineer for the subdivider.
SECTION 703.BLOCKS
703.1 The lengths,widths and shapes of blocks shall be determined
with due regard to:
A.Provision of adequate building sites suitable to the special
needs of the type of use contemplated.
B.Requirements as to lot sizes and dimensions.
C.Needs for convenient access,circulation,control and safety
of street traffic.
D.Limitations and opportunities of topography and pther natural
features.
703.2 Block lengths shall not exceed one thousand four hundred
(1,400)feet,or be less than five hundred (500)feet.
703.3 Pedestrian crosswalks,not less than ten (10)feet wide,shall
be required where deemed essential to provide circulation,or access to schools,
playgroun.s,shopping centers,transportation and other community facilities.
704.1
m:ln:lmumsetback
for the type of
The lot size,width,depth,slope and orientation,and the
lines shall be appropriate for the location of the subdivision
development and use contemplated.
and
704.2 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 hundred (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.
704.3 Depth and width of properties reserved or laid out for com-
mercial and industrial purposes shall be adequate to provide for the off-street
service and parking facilities required by the type of use and development con-
templated.
704.4 The subdividing of the land ahall be such as to provide,by
means of a public street,each lot with satisfactory access to an existing pUblic
street.
704.5 Large lot subdivisions.Whenever the area is divided into
lots containing one (1)or more acres and there are indications that such lots will
eventually be subdivided into smaller building lots,consideration shall be given
to the street and lot arrangement of the original subdivision so that additional
minor streets can be opened which will permit a logical and functional arrange-
ment of smaller lots.
115
SECTION 704.6 Double frontage and reverse frontage lots sbould be avoided
except wbefe essential to provide separation of residential development from traf-
fic arteries or to overcome specific disadvantages of topograpby and orientation.
A planting screen easement of at least ten (10)feet,and across wbicb tbere sball
be no rigbt of aocess,shall be provided along tbe line of lots abutting sucb a
traffic artery or otber disadvantageous use.
704.7 Side lot lines sball be substantially at rigbt angles or radial to
street lines.Side lines of lots formed by radial projections sball form-a lot bav-
ing not less tban twenty (20)feet across tbe rear property line.
704.8 Corner loos for residential use shall bave additional widtb to
permit appropriate building setback from an orientation to botb streets.
SECTION 705.PUBLIC SITES AND OPEN SPACES
705.1 Where a proposed park,playground,scbool or other public use
is located in whole or in part in a subdivision,tbe Commission may require that
such area be reserved for acquistion by tbe Town or Sohool District for a period
of one and one-balf (l~)years,in tbose cases in wbicb tbe Commission deems sucbrequirementsasreasonable.
705.2 Wbere deemed essenoial by the Commission,upon consideration of tbe
particular type of development in tbe subdivision and especially in large scale
neigbborhood unit development,tbe Commission may reqUire a one and one-balf (l~)
year reservation for the Town's acquisition of sucb other areas or sites of a
cbaracter,extent and location suitable to tbe needs created by sucb development
for scbools,parks and otber neigbborbood purposes.
SECTION 706.UTILITIES
706.1 The source of domestic water supply and type of sewage disposal
shall accompany eacb plat for tbe information of tbe Cpmmission,tbe Engineer andtbeTownCouncil.
ARTICLE vr.u,REQUIRED IMPROVEMENTS
SECTION 800.MONUMENTS
800.1 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 otber points
as may he required by the Town's Engineer.
8uO.2
points and ends
at least thirty
The external boundaries of tbe SUbdivision,block corners,angle
of curves shall oe monumented in the field by iron rods or pipes
(30)inches long and one and one-half (l~)inches in diameter.
800.)All lot corners and other points not referred to in SECTION 800.2
Shall be monumented in the field by iron rods or pipes at least twenty-four (24)inches long and one (1)inch in diameter._
800.4 All monuments Shall be properly set flush with the ground by alicensedlandsurveyor.
SECTION 80ili.S~iEE~CONSTRUCTION
116
801.1 The subdivider shall grade and improve all streets within the
subdivision to the full right-of-way width of the street.Roadway pavement shall
be either full width Portland cement conorete with intergral curbs or 30 inch Port-
land oement concrete curb and gutter sections with rolled stone base and asphaltic
concrete surface.Pavement thickness and specification shall be approved by the
Town's Engineer.
801.2 The width of the roadway shall conform to the requirements of its
functional classification as specified in ARTICLE VII.,SECTION 700.12.
801.3 Alleys shall be paved with either Portland cement concrete or
asphaltic concrete to their full width in accordance with specifications approved
hy the Town's Engineer,
801.4 All streets shall be sodded or seeded with grass in a manner which
shall provide suitable protection from erosion over that area lying between the
right-of-way lines and the back of street curbs.
801.5 Street profiles and the necessary drainage plans to serve the area
shall be detennined and designed by a Registered Professional Engineer for the SUb-
divider.All construction of such facilities shall be in accordance with such pro-
files and plans and shall be subject to the recommendations,supervision and approval
of the Town's Engineer.
SECTION 802.SIDEVIALK CONSTRUCTION
802.1 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 m1nlmum 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.
SECTION 803.WATER FACILITIES
803.1 Where a public water main is accessible,the subdivider shall
install adequate water facilities (inclUding fire hydrants)according to the specifi-
cations of the Town's Engineer and municipal water department.Proposed locations
of fire hydrants shall be approved by the Town's Engineer and the municipal water
department.
803.2 If a puolic utility sy?tem is not available,individual wells may
be used,providied that construction is in accordance with Iowa State Department
of healtn Standards and that samples submitted to the Iowa State Department of
Health are approved for human consumption.
SECTION 804.SEWER FACILITIES
804.1 Where a public sanitary s~wer is accessible the subdivider shallinstalladequatesanitarysewerfacilities(including the installation of house service
lines to the street right-of-way lines)subject to the specifications of the Town's
Engineer.
804.2 Where sewage pumping stations are required,the location 'will be
determined by the Town's Engineer.The Subdivider will install the lift station to-
gether with all required appurtenances and force main.The subdivider will be reim-
bursed in the proportion of which the area outside the sUbdividion,but served by the
pUlnping station,bears to the total area served by the pumping station.
117
A.If the subdivider oonnects to a sewer leading to a sewage pumping
station,he will be required to pay to the Town of Waukee his pro rata share of
the,cost of the pumping station and foroe main according to the ratio of area his
subdivision has to the total area served by the sewage pumping station.
804.3 Where a pUblic sanitary sewer is not available,tbe minimum lot
areas sllall conform to the requirements of SECTION 704.2 of 'this ordinance.The
subdivider shall make,or cause to be made,percolation tests of the soil as re-
quired by the Town's Engineer.These tests shall be the basis for design of indi-
vidual sanitatiom facilities.
804.4 In the future,however,if a public sanitary sewer is accessible
and a sanitary sewer is placed in a street,alley or easement abutting upon prop-
erty,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 suoh owner or occupant to
maintain upon such property an individual sewage disposal system.
SEGTlOrJ 8(Dl).STORM WATER
805.1 When a public storm sewer is accessible,the developer shall install
storm sewer facilities.Where no outlets are available within a reasonable distanoe
adequate provision shall De made for disposal of storm water.
805.2 All storm sewer design and construction shall be done in.accordance
with the standards and specifications of the Town's Engineer.
SECTION 806.STREET TREES
806.1 Street trees having a trunk diameter (measured 12 inches above the
ground level)of not less than two (2)inches shall be planted along all resid-
ential streets,where trees do not already exist,no less than thtrty (30)feet nor
more than seventy-five (75)feet apart.
806.2 Only oak,hard maples,ginkgo or other longlived shade trees
acceptable to the Town's Engineer and Planning Gommission shall be planted.
806.3 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 or Planting from
Front Property Line (feet)
Minimum Maximum
8Cl
70
60
8-3/4
8-3/4
7-1/4
13-3/4
10-3/4
7-1/4
SECTION 807.StREET LIGHTS
807.1 Street lights shall be installed to illuminate all roadways and
sidewalk surfaces as determined by the Town Council upon recommendation of the
Town's Engineer and in accordance with design and specification standards appro-
ved by the Town's Engineer.
SECTION 808.UTILITIES
118
808.1 It shall be the responsibility of the subdivider to contact util-
ity companies to determine the availability of services and to make the necessary
arrangements for their installation within necessary rights-of-way and easements.
808.2 Public water,storm drainage and sanitary sewer or septic system
plans shall be designed by a Registered Professional Engineer for the subdivider.
The facilities shall be constructed in accordance with such plans prior to con-
struction of buildings upon the lots,and sball be subject to supervision and ap-
proval by the Town~s Engineer.
808.3 The location and depth of all underground utilities shall be in
accordance witb the general utility location plan prepared by the Town's Engineer.
I
ARTICLE ix,
SECTION 900.
VARIAi~CES
HARDSHIP
900.1 Where the Commission finds that extra-ordinary hardships.may re-
sult from strict compliance with these regulations,it may vary the regulations
so that substantial justice may be done and the pUblic interest secured;provided
that such variation will not have the effect of nullifying the intent and purpose
or this ordinance.
SECTION 901.LARGE SCALE DEVELOPMENT
901.1 The standards and requirements of these regulations may be modi-
fied by the Commission in the case of a plan and program for a self-contained,
complete community or a neighborhood unit,which would in the jUdgement of the
Commission provide adequate public spaces and improvements for the circulation,
recreation,light,air and service needs of the tract when fully developed and
populated,and which would also provide such cOHenants or other legal provisions
as will assure confol~ity to and achievement of the plan.
SECTION 902.CONDITIONS
902~1 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 will,in its jUdgement,secure
substantially the objectives of the standards or requirements so varied or modified.
ARTICLE X.AMENFJMENTS
SECTION 1000.Any regulations or provisions of this ordinance may be changed and
amended from time to time by the Town Council with such amendment being initiated
by the Town 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
firs·t 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 provided that a public hear-
ing shall be held by the Town Council,public notice of which shall be given in the
newspaper of the Town of WaUkee,or by posting in three (3)pUblic places within
the Town,not less than ten (10)nor more than twenty (20)days before the date of'
hearing.
ARTICL!!;xi,CONFLICT AND VALIDITY
119
1100.
1100.1 Should any section,sentence,clause or prov~s~on of this ordinance
be declared by a court to be invalic,the same shall not affect the validity of this
ordinance as a whole or the remaining portions of this ordinance.
uoi,CONFLICT
1101.1 Should any section,sentence,clause or prov~s~on of this ordinance
be declared by a court to be invalid,the same shall not affect the validity of this
ordinance as a whole or the remaining portions of this ordinance.
ARTICLE Xll.PENALTY
SECTION 1200.Any person,firm or corporation who violates,disobeys,omits,
neglects or refuses to comply with or who resists the enforcement of any of the
provisions of this ordinance shall,upon conviction,be fined not more than one hun-
dred 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 XLII.ENACTldENT A~D EF~1>CTIVE DATE
SECTION 1300.This ordinance Shall be in full force and effect from and after its
passage,adoption,as provided by law.
Passed this Lb day of A12eCf::2,/I_t i!A/,_L.:iJ?.L.
Attest:__~~~~~.~~~~·,Clerk
___,Mayor
Town of '/Iaukee,Iowa