Terms used in this chapter have the following meanings:

      1.   “Building line” means a line on a plat between which line and a street, alley, or private place no building or structure may be erected.

      2.   “City Engineer” means the City Engineer of the City of Denison, Iowa.

      3.   “Commission” means the City Planning and Zoning Commission.

      4.   “Developer” means the person, firm, or corporation subdividing land.

      5.   “Lot” means a portion of a subdivision or other parcel of land intended for transfer of ownership or for building development.

      6.   “Metes and bounds” means the method used to describe a tract of land so that it can be recorded in the County Recorder’s office, as contracted with the description of a part of a properly approved and recorded subdivision plat by the lot and block number.

      7.   “Plat” means a map, drawing, or chart on which the subdivider’s plan of the subdivision is presented and which the subdivider submits for approval and intends in final form to record.

      8.   “Street widths” means the horizontal distance between property lines.

      9.   “Subdivision” means: (i) the division of any tract or parcel of land into three or more lots, sites, or parcels; (ii) establishment or dedication of a road, highway, street, or alley through a tract of land; (iii) re-subdivision of land heretofore divided or platted into lots, sites, or parcels; provided, however, the sale or exchange of small parcels of land to or between adjoining property owners, where such sale or exchange does not create additional lots and where such lots are already improved, developed, and owned by different persons, shall not be considered as a subdivision of land.

      10.   “Erosion Control Plan” means the Soil Erosion and Sedimentation Control Plan, or Storm Water Pollution Prevention Plan (SWPPP), to be performed by a civil engineer, landscape architect, or otherwise qualified individual and to be consistent with the construction Best Management Practices included in the Iowa Statewide Urban Designs and Specifications (SUDAS) program and the Iowa Construction Site Sediment and Erosion Control Manual and submitted for final subdivision plat approval to be reviewed, upon submittal and prior to final approval, by the City Engineer.

(Ord. 1372 – Jan. 10 Supp.)

      1.   Required Plans and Data. Prior to submission of the preliminary plat, the subdivider shall meet with the Commission and submit the following data:

      2.   General subdivision information which shall describe 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 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, price range, business areas, playgrounds, park areas, and other public areas, proposed protective covenants and proposed utilities and street improvements.

      3.   Location map which shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it, including development name and location; main traffic arteries; public transportation lines; shopping centers; elementary and high schools; parks and playgrounds; principal places of employment; other community features such as railroad stations, airports, hospitals and churches; title; scale; north arrow; and date.

      4.   Sketch plan on topographic survey which 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 listed in Section 180.03 below or such of these data as the Commission determines is necessary for its consideration of the proposed sketch plan.

   In seeking to subdivide land into lots and/or to dedicate streets, alleys, or other lands for public use, the owner shall submit four copies of a preliminary plat to the Commission before submission of a final plat. The preliminary plat shall be drawn to a scale of 100 feet to 1 inch or larger, and shall show or be accompanied by the following:

      1.   The dimensions and location of the property to be platted.

      2.   The location of property lines, buildings, watercourses, tree masses and other existing features affecting the plat.

      3.   The location and width of proposed and existing streets, alleys and lots included in the plat; also similar facts regarding streets and alleys in property immediately adjacent.

      4.   The location and size of existing public sewers, gas and water mains within the tract or immediately adjacent thereto.

      5.   The names and location of all adjoining subdivisions.

      6.   The title under which the proposed subdivision is to be recorded and the name of the subdivider.

      7.   Contours at intervals of five feet or less.

      8.   The scale, date, and north point.

      9.   Complete engineering data covering cross sections, profiles and proposed grades for the improvements required, all to the satisfaction of the City Engineer.

      10.   The plat shall be accompanied by a written and signed statement in which the subdivider sets forth the proposed restrictions, easements, buildings lines, public improvements, etc., within the area of the plat. The plat must meet all requirements of the zoning regulations for the district in which it is located and shall be in general conformity with the Comprehensive Development Plan.

      11.   The plat shall be plainly marked “Preliminary Plat.”

   Four copies of the preliminary plat, one copy of an attorney’s title opinion addressed to the Commission, together with three copies of the owner’s statement, shall be filed with the Commission, and there shall forthwith be referred one copy of the plat and a copy of the owner’s statement to the City Engineer. The City Engineer shall examine said plat as to its compliance with the laws and ordinances of the City, the existing street system, and good engineering practices, and shall submit findings in duplicate to the Commission, together with the copy of the plat received. When the Engineer’s report is received by the Commission, it shall as soon as possible consider said report and pass upon the plat. It shall then set forth its recommendations in writing, whether of approval, modification, or disapproval. In case of modification or disapproval, it shall give its reasons therefor. The Commission shall forthwith submit all four copies of the preliminary plat, together with a copy of the owner’s statement, a copy of the Engineer’s report and a signed copy of its recommendations to the Council. The Council shall then take action upon the preliminary plat, certifying its approval or disapproval. In case of disapproval, it shall give its reasons therefor. If approved and all four copies duly certified, one copy shall be delivered to the Commission, one to the City Engineer, one to the City Clerk and the fourth shall be returned to the owner or subdivider. The approval of the preliminary plat by the Council does not constitute acceptance of the subdivision, but shall be authorization to proceed with the preparation of the final plat.

   When a preliminary plat has been approved, the developer shall submit to the City Engineer one copy of the preliminary plat and a Soil Erosion and Sedimentation Control Plan including all applicable Best Management Practices to be provided by the developer in the subdivision. After reviewing the preliminary plat and the proposed Soil Erosion and Sedimentation Control Plan, the City Engineer may recommend any changes in or additions to the proposed erosion and sediment control measures which are necessary to comply with the soil loss limit regulations referred to in Subsection 180.08(17) of this chapter. The final plat shall not be approved by the Commission or by the Council until either: (i) recommendations as to the proposed erosion and sediment control measures have been received from the City Engineer; or (ii) thirty days have passed after the submission of the preliminary plat and the statement of proposed erosion and sediment control measures to the City Engineer.

(Ord. 1372 – Jan. 10 Supp.)

   The final plat shall be drawn to a scale of 100 feet to 1 inch or larger and shall show or be accompanied by the following:

      1.   The boundaries of the property and lines of all proposed streets and alleys, with their widths and names, and the lines and dimensions of any other portions intended to be dedicated to the public use.

      2.   All lot lines, and an identification system for all lots and blocks, with figures showing their dimensions.

      3.   Building lines and easements for any rights-of-way provided for public use, services, or utilities, with figures showing their dimensions, unless the subdivider desires to describe the easements for public use, services, or utilities in the owner’s statement of the plat.

      4.   All dimensions, both linear and angular, necessary for locating lots, tracts, or parcels of ground, streets, alleys and easements, and the boundaries of the subdivision; the linear dimensions are to be expressed in feet and decimals of a foot.

      5.   The necessary functions for all curvilinear lines and streets, and radii for all rounded corners.

      6.   All survey monuments, ties to a section or quarter section corner, and benchmarks, together with their description and measurements relative to the plat.

      7.   Name of subdivision, locations and extent of property subdivided, points of compass, scale and date of plat.

      8.   Certification under seal by a land surveyor, licensed under the laws of Iowa.

      9.   Where previous easements appear on a separate instrument, reference to such instrument shall be made on the plat.

      10.   The necessary resolution forms for approval of both the Commission and the Council.

      11.   A statement by the proprietors and their spouses, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an officer authorized to take the acknowledgments of deeds. The statement by the proprietors may also include a dedication to the public of all lands within the plat that are designated for streets, alleys, parks, open areas, school property, or other public use, if the dedication is approved by the Council.

      12.   A statement from the mortgage holders or lienholders, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an officer authorized to take the acknowledgment of deeds. An affidavit and bond as provided for in Section 354.12 of the Code of Iowa may be recorded in lieu of the consent of the mortgage or lienholder. When a mortgage or lienholder consents to the subdivision, a release of mortgage or lien shall be recorded for any areas conveyed to the City or dedicated to the public.

      13.   An opinion by an attorney-at-law who has examined the abstract of title of the land being platted. The opinion shall state the names of the proprietors and holders of mortgages, liens or other encumbrances on the land being platted and shall note the encumbrances, along with any bonds securing the encumbrances. Utility easements shall not be construed to be encumbrances for the purpose of this section.

      14.   A certificate of the County Treasurer that the land is free from certified taxes and certified special assessments or that the land is free from certified taxes and that the certified special assessments are secured by bond in compliance with Section 354.12 of the Code of Iowa.

      15.   A statement by the auditor approving the name or title of the subdivision plat.

(Ord. 1372 – Jan. 10 Supp.)

   Four copies of the final plat, together with three copies of the owners’ statement, shall be submitted to the Commission, and there shall forthwith be referred one copy of the plat, together with a copy of the owners’ statement to the City Engineer. The City Engineer shall carefully examine said plat as to its compliance with the approved preliminary plat, and shall submit findings in duplicate to the Commission, together with the copy of the plat received. When the Engineer’s report is received by the Commission, it shall, as soon as possible, consider said report and pass upon the plat. When the final plat has been passed upon by the Commission, all four copies of the plat shall forthwith be transmitted to the Council, together with a copy of the owners’ statement, a copy of the Engineer’s report and a signed copy of its approval to the Council. When the final plat has been approved by the Council and all four copies duly certified, one copy shall be delivered to the Commission, one to the City Engineer, one to the City Clerk and the fourth copy to the owner or subdivider for filing with the County Recorder. If the plat is disapproved by the Council, such disapproval shall point out wherein said proposed plat is objectionable.

      1.   Acreage Subdivisions. Where the parcel of land is subdivided into larger tracts than ordinarily used for building lots, such parcel shall be divided so as to allow for the opening of major streets and the ultimate extension of adjacent minor streets. Easements providing for the future opening and extension of such streets, may, at the discretion of the Council, be made a requirement of the plat.

      2.   Relation to Adjoining Street System. New subdivisions shall make provisions for the continuation of the principal existing streets in adjoining additions (or for their proper projection where adjoining property is not subdivided) insofar as they may be necessary for public requirements. In general, such street shall be of a width as great as that of the streets so continued or projected but shall not be less than the minimum width requirement.

      3.   Street Arrangements. The street system shall be so arranged to comply as far as practicable, with the Major Street Plan of the City. Streets shall intersect as nearly as possible to a right angle and in no case shall they intersect at less than 60 degrees. No street shall be parallel or approximately parallel to a railroad, unless it is 150 feet or more from the line of the railroad right-of-way. Street jogs with centerline offsets of less than 125 feet shall be avoided.

      4.   Street Width.

         A.   The widths for all street rights-of-way shall conform to the specific street types as designated on the Major Street Plan in the Comprehensive Development Plan.

         B.   The minimum width for streets shall be 62 feet between property lines, except that in cases where the topography or special conditions make a street of less width more suitable, the Commission and the Council may waive the above requirement.

         C.   Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and where the Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.

      5.   Street Grades. Street grades, if practical, shall not exceed six percent for all arterial and collector streets and ten percent for all minor streets and no grade shall be less than one-half of one percent.

      6.   Alleys. The minimum width of an alley in a residential block shall be 16 feet (alleys are not recommended for residential districts except under unusual conditions). Alleys will be required in the rear of all business lots and shall be at least 24 feet wide. Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the dead end.

      7.   Easements Where There Are No Alleys. Where alleys are not provided, easements of not less than 5 feet in width shall be provided on both side lot lines and an easement of not less than 10 feet in width shall be provided on all rear lot lines where necessary for poles, wires, conduits, storm and sanitary sewers, gas, water, and heat mains. Easements of greater width may be required along lines or across lots where necessary for the extension of main sewers and similar utilities. The subdivider shall consult with the City Engineer, the Superintendent of Utilities, and the Manager of the local telephone company as for the need and location of easements.

      8.   Places. Where it is desired to subdivide a parcel of land, which, because of its size or location, does not permit a normal lot or street area, there may be established a “Place.” Such a place may be in the form of a court, non-connecting street, or other arrangement, provided, however, that proper access shall be given to all lots from a dedicated place (street or court). If any dead-end place (street or court) is more than 250 feet in length, it shall terminate in an open space, preferably circular, having a minimum diameter of 110 feet. Except in unusual instances, no dead-end street or place shall exceed 600 feet in length.

      9.   Blocks. All blocks shall be required to have a minimum length of 300 feet and a minimum depth of 200 feet.

      10.   Lot Lines. All side lines of lots shall be at right angles to straight street lines, or radial to curved street lines, unless a variation to this rule will give a better street and lot plan. Double frontage, and reverse frontage lots shall be avoided except where essential to provide specific disadvantages of topography and orientation. A planting screen easement of at least 10 feet shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use and no right of access shall be provided across said easement.

      11.   Size and Shape of Lots. Minimum lot size shall be governed by the City zoning regulations except that, where on-site sewage disposal and/or water supply are proposed, the following lot sizes shall be required:

         A.   Where both water supply and sanitary sewage disposal are provided by individual on-lot facilities, lots for single-family detached dwellings shall have a minimum area of 20,000 square feet and a minimum width at the building line of 100 feet.

         B.   Where only water supply or sanitary sewage disposal facilities are to be provided on the lot, lots for single-family detached dwellings shall have a minimum area of 10,000 square feet and a minimum width at the building line of 70 feet.

         C.   In either of the above cases, the Commission may require that the subdivider have such tests made by the City Health Officer as will determine the adequacy of the proposed facilities in relation to the proposed lot size and existing topographical and soil conditions. When such tests are required, a certificate of adequacy of the proposed facilities made by the City Health Officer shall be prerequisite to final approval of the plans. Lots shall be conveniently shaped, and the depth of lots shall generally not exceed their width by more than 2½ times, provided the width is at least 60 feet at the building line. Each lot shall have at least 20 feet of frontage on a street.

      12.   Street Names. Streets that are obviously in alignment with others already existing and named shall bear the name of existing streets; otherwise, names shall not duplicate existing street names, and names similar to existing street names shall not be permitted.

      13.   Building Lines. Building lines shall be shown on the plat or included in the owner’s statement on all lots whenever the depth of such building lines is greater than those required by the zoning regulations. Provisions shall be made in the owner’s statement requiring all enclosed parts of buildings to be set back to such building lines.

      14.   Character of Development. The Commission and the Council may require that certain minimum regulations regarding type and character of development be incorporated in the owner’s statement of plat. Such regulations shall be intended to protect the character and development of the platted subdivision, as well as that of the surrounding development.

      15.   Easements Along Streams and Water Courses. Whenever any stream or surface watercourse is located in an area that is being subdivided, the subdivider shall, at the subdivider’s own expense, make adequate provisions for the proper drainage of surface water and shall also provide and dedicate to the City an easement along said streams and watercourses meeting the approval of the Council.

      16.   Improvements. Before the final plat of any subdivision shall be approved by the Commission or the Council, the developer shall make and install all of the improvements required by this subsection, unless the Council permits the developer to enter into a contract for the making and installation of said improvements after the approval of the final plat. If the Council permits the developer to enter into a contract for the making and installation of improvements after the approval of the final plat, it may require that the developer file a bond in such amount as it finds necessary to secure the making and installation of such improvements. Construction plans and specifications shall be filed with the Commission and approved by the Commission and the Council before the making or installation of any improvements.

         A.   Street Grading and Surfacing. All streets within any subdivision shall be brought to grade established from the City datum plane. All street surfaces shall conform in width as designated on the Major Street Plan in the Comprehensive Development Plan.

            (1)   Two eight-foot parking lines may be provided for collector and minor streets in areas where they are warranted by need; however, no on-street parking shall be allowed on State, regional and arterial roads except within the area of the Central Business District, in which case sufficient additional street surface width must be provided for such parking. All streets shall have integral concrete curb and gutter according to the City Engineer’s specifications.

            (2)   All subdivision streets shall be paved with Portland Cement Concrete at least 7 inches in thickness or with asphaltic concrete having equivalent strength and wearing qualities.

         B.   Water Service. Where a public water main is reasonably accessible, the developer shall connect with such water main and provide a water connection for each lot with service pipe installed to the property line in accordance with the City Water Department standards, procedure and supervision.

         C.   Storm Sewers. The developer will be required to construct adequate storm sewers in each subdivision.

         D.   Sanitary Sewers. Within the subdivision the developer will be required to construct sanitary sewers in accordance with the State Board of Health regulations, and plans for said sewers shall be approved by the State Board of Health before construction, and approved plans shall be filed with the City Clerk prior to construction.

         E.   Engineering. The City shall not be responsible for engineering costs associated with the new subdivision. All the above-mentioned facilities constructed under the provisions of this chapter shall be inspected and shall be subject to the approval of the City Engineer or a representative of the City acting in the capacity of City Engineer and the developer shall reimburse the City for all costs of inspection. All material used shall be required to meet all the following standards: American Association of State Highway Officials, American Society for Testing Materials, American Waterworks Association and Iowa State Highway Commission specifications.

         F.   Off-Street Parking. Each lot shall have off-street parking provisions as provided in the zoning regulations.

         G.   Sidewalks. The developer shall provide sidewalks of Portland Cement concrete 4 feet in width and 4 inches in thickness. Sidewalks shall be 6 inches thick through driveways.

         H.   Street Markers. The developer shall provide street markers at intersections as approved by the City.

         I.   Other Improvements. The Council may also require other improvements and any other accessories normally found in a residential area.

      17.   Soil Erosion and Sediment Control Plan. Construction plans and specifications filed pursuant to subsection 16 of this section shall include a Soil Erosion and Sedimentation Control Plan approved by the City Engineer with adequate provisions for erosion and sediment control measures. No plans and specifications for improvements in a subdivision shall be approved unless the Commission and the Council find that the plans and specifications include erosion and sediment control measures necessary to comply with the soil loss limit regulations adopted by the Crawford County Soil Conservation District on August 30, 1972. No clearing, grading, or construction work shall be done in any subdivision until the issuance of a Land Disturbance Permit and erosion and sediment control measures in accordance with the Soil Erosion and Sedimentation Control Plan have been provided in compliance with approved plans and specifications.

(Ord. 1372 – Jan. 10 Supp.)

   In a planned unit development established under Chapter 169 of this Code of Ordinances, the Commission and the Council may modify or waive any of the minimum standards of design and development contained in Section 180.08 of this chapter to the extent that they find that such modification or waiver is not contrary to the interests of the City and necessary to achieve the purposes stated in Section 169.12 of this Code of Ordinances. As a condition to the modification or waiver of any of said minimum standards of design and development, the Commission and the Council may require that the developer enter into a contract for the future construction of any of the improvements set out in subsection 16 of Section 180.08 of this chapter. Such contract may provide either for construction of said improvements by the developer or for special assessment of the cost of said improvements against the property in the subdivision. Any modification or waiver of the minimum standards of design and development shall be specifically stated in the resolution establishing the planned unit development.

      1.   Pursuant to Section 354.9 of the Code of Iowa, the provisions of this chapter shall apply to all subdivisions located in the City or within two miles of the corporate limits of the City.

      2.   If a subdivision is located entirely outside the corporate limits of the City and has an area of not less than fifteen acres, the Commission and the Council on application by the developer may modify or waive any of the minimum standards of design and development contained in Section 180.08 of this chapter to the extent that they find that such modification or waiver will not interfere with the future development of the City and is necessary to achieve the purposes stated in Section 169.12 of this Code of Ordinances. As a condition to the modification or waiver of any of said minimum standards of design and development, the Commission and the Council may require that the developer enter into a contract for the future construction of any of the improvements set out in subsection 16 of Section 180.08 of this chapter. Such contract may provide either for construction of said improvements by the developer or for special assessment of the cost of said improvements against the property of the subdivision. Any modification or waiver of the minimum standards of design and development shall be specifically stated in the resolutions approving the final plat.

   Upon filing the preliminary plat, the fee set by resolution of the Council shall be paid to the City to cover the cost of checking and processing of the preliminary plat and the fee set by resolution of the Council shall be paid to the City for the processing of the final plat. Fees are shown in the Schedule of Civil Penalties and Fees in the Appendix to this Code of Ordinances.

   The restrictions of Section 354.8 of the Code of Iowa are hereby adopted by the City.