A.   The purpose of these regulations is to protect the public health, safety and general welfare. These regulations are intended to facilitate and to coordinate the subdivision of land within the city; to establish a consistent policy for plats submitted to the zoning advisory commission and the city council; and to enable the commission and city council to ascertain whether such plats conform to the applicable statutes and ordinances.

   B.   The intent of these regulations is as follows:

      1.   To guide the future growth and development of the community consistent with the city of Dubuque's adopted comprehensive plan.

      2.   To help identify those areas appropriate for development and those areas appropriate for conservation.

      3.   To preserve open space and environmentally sensitive areas such as wildlife habitat, riparian/wetland areas, by concentrating development, where feasible.

      4.   To provide open space areas for passive and/or active recreational use.

      5.   To provide for a diversity of lot sizes, housing choices and building densities.

      6.   To provide buffering between residential development and nonresidential uses.

      7.   To protect environmentally sensitive areas and biological diversity, preserve existing trees, and maintain environmental corridors.

      8.   To preserve significant archaeological sites, historic buildings and their settings. (Ord. 52-09, 10-19-2009)

   A.   Land Divided Within City Limits Or Within Two Miles Of The City Limits: These regulations shall apply to all land to be divided which is within the limits of the city or within two (2) miles of the limits of the city as provided in Iowa Code section 354.9.

   B.   Plats Vacating Public Right Of Way: These regulations shall not apply to plats vacating public right of way or disposal of excess right of way per Iowa Code section 306.23. (Ord. 52-09, 10-19-2009; amd. Ord. 7-11, 1-18-2011; Ord. 32-14, 4-21-2014; Ord. 11-21, 4-19-2021)

No person shall subdivide any tract of land to which this chapter applies without recording a plat thereof in the office of the county recorder, which plat shall first have been prepared and approved in conformity with the provisions of this chapter and of state law. (Ord. 52-09, 10-19-2009)

The zoning advisory commission and city council, when acting upon an application for preliminary or final subdivision approval, shall have the power to grant such exceptions from the requirements of this chapter for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact an undue hardship because of peculiar conditions pertaining to the land in question. (Ord. 52-09, 10-19-2009)

No plat shall be considered filed for review, unless and until said plat is accompanied by a fee in the amount as established by resolution of the city council in an official schedule of planning and zoning fees. (Ord. 52-09, 10-19-2009)

   A.   Plats: Plats vacating public right of way.

   B.   Simple Division: Any subdivision or consolidation of property in which no new streets, public or private, are proposed, which does not require the construction of any public improvements, and which creates fewer than three (3) lots.

   C.   Minor Subdivision: Any subdivision or consolidation of property in which no new streets, public or private, are proposed and which does not require the construction of any public improvements and which creates three (3) or more lots.

   D.   Major Subdivision: Any subdivision or consolidation of property which is not a simple subdivision or a minor subdivision and requires the construction of any public improvements. (Ord. 52-09, 10-19-2009)

   A.   General Information:

      1.   All applications for land subdivision approval shall be prepared to show all information currently required by the city, a list of which shall be available from the planning services department.

      2.   Preliminary grading, not to include the removal of excavated material from the site, may be permitted only after a grading and erosion control plan has been submitted, reviewed and approved by the city engineer and the city planner.

      3.   Final grading and utility construction in accordance with the city standards and this title, and/or the removal of excavated material from the site, may be permitted with the written approval of the city manager, provided that the owner first waives, in writing, any claims against the city which may result from the denial of or changes required for approval of the final plat and/or improvement plans.

      4.   Prior to commencing any grading or construction of improvements, the owner shall also obtain any state or federal permits which may be required.

   B.   Simple Divisions And Plats Vacating Public Right Of Way:

      1.   Simple divisions that are determined to be in compliance with this title and plats vacating public right of way shall be reviewed and approved by the city planner.

      2.   The city planner may set conditions to ensure that the simple division meets the requirements of all applicable city codes.

      3.   Simple divisions that require a waiver of bulk regulations shall be submitted to the zoning advisory commission and city council for approval.

      4.   No plats for simple divisions shall be recorded unless the city has approved the plat.

   C.   Minor Subdivisions:

      1.   A preapplication conference shall be encouraged, but not required for a minor subdivision.

      2.   A preliminary plat is not required for a minor subdivision. The zoning advisory commission may require any additional information necessary to adequately review the plat.

      3.   The owner shall submit six (6) copies of the final plat to the planning services department. The final plat must show all information required by the city.

      4.   The zoning advisory commission shall review final plats to determine whether said plat is in substantial conformance with this title and the comprehensive plan. If the commission finds that the plat conforms to all applicable city and state codes, and the comprehensive plan, the commission shall approve the plat. The commission shall submit its findings regarding the final plats to the city council, who must act within sixty (60) days of the filing of the final plat with the planning services department.

      5.   If the zoning advisory commission fails to recommend approval of the final plat, or approves it with conditions, the commission shall transmit its findings, required conditions and/or reasons for its denial to the owner and city council.

      6.   The city council shall review final plats to determine conformance to this title, state law, and the comprehensive plan. If the plat conforms, the city council shall approve the plat and shall cause its approval to be entered on the plat. The city council may require as a condition of approval of the plat that the owner comply with such other reasonable requirements as the city council may deem necessary for the protection of the public interest.

   D.   Major Subdivisions:

      1.   A preapplication conference shall be required for all major subdivisions.

      2.   An approved preliminary plat shall be required for a major subdivision. After the preapplication conference, the owner shall submit six (6) copies of the preliminary plat as required by the city planner. The preliminary plat must show all information required by the city. The preliminary plat shall be reviewed by the zoning advisory commission only except when a preliminary plat is submitted that includes a private street, in which case both the zoning advisory commission and the city council shall review and approve the submitted preliminary plat. In a case where the zoning advisory commission votes to deny a preliminary plat, the city council shall have the discretion to review the preliminary plat and override the commission's denial. The review shall be to determine compliance with all relevant sections of this title and the comprehensive plan. Approval granted by the commission shall remain in effect for a period of two (2) years. Within this two (2) year time frame, a final plat must be filed with the planning services department. The zoning advisory commission shall have the authority to grant a maximum of one 2-year extension, provided the preliminary plat is still in compliance with all current city codes and ordinances.

      3.   The owner shall submit six (6) copies of the improvement plans to the planning services department. The improvement plans shall include all information required by the city. Any application for approval of improvement plans that does not contain all required information, including a draft copy of the final plat, shall not be accepted by the city planner. The city engineer shall review all improvement plans to determine whether the plans are in substantial conformance to all applicable city standards.

      4.   The owner shall submit six (6) copies of the final plat to the city planner. The final plat must show all information required by the city. Any application for final plat approval that does not contain all required information, including improvement plans approved by the city engineer, shall not be accepted by the city planner. The city planner shall review final plats to determine whether or not said plat is in material conformance to the preliminary plat for the property, this title and the comprehensive plan. The city planner shall submit findings and recommendations on the final plat to the city council. The city council shall act within sixty (60) days of the acceptance of a complete final plat application by the city planner.

      5.   Preliminary plats shall include the entire proposed subdivision when fully built, and shall also indicate the presence of all contiguous property under common ownership, in order to allow the city to plan for the future extension of streets and utilities. Proposed street names for public or private streets shall be labeled on the submitted preliminary plat.

      6.   The city council shall review final plats to determine conformance to this title, state law, and the comprehensive plan. If the plat conforms, the city council shall approve the plat and shall cause its approval to be entered on the plat. The city council may require as a condition of approval of the plat that the owner of the land bring all streets to a grade acceptable to the city council, and comply with such other reasonable requirements in regard to installation of public utilities or other improvements as the city council may deem requisite for the protection of the public interest.

      7.   Preliminary and final plats shall not be concurrently reviewed or considered for approval.

   E.   Fringe Area Development Standards:

      1.   Fringe Area Subdivision Requirements:

         a.   All subdivisions must comply with this Chapter.

         b.   Each subdivision will be required to provide sufficient easements for the extension of city water and sanitary sewer utility systems to serve each individual lot within the subdivision.

         c.   Each major subdivision shall comply with the city of Dubuque sustainability requirements for new subdivisions, including obtaining score of forty (40) points as established in this chapter.

         d.   New streets that access city or county roadways must comply with SUDAS for sight visibility as determined by the city engineer.

         e.   To facilitate planned and orderly growth, developers of major subdivisions must provide a preliminary plat for the entire area anticipated to be developed as part of the subdivision.

         f.   Subdivisions and developments which are approved prior to annexation shall provide a mechanism for transfer of public right of way (ROW) ownership for county roads to the city upon annexation.

         g.   Private roads and streets in subdivisions and developments that are not under the county's ownership prior to annexation shall remain as private roads and streets upon annexation to the city, unless and until such time as they are brought into compliance with city standards and accepted by the city as public streets.

         h.   Developers shall be required to utilize stormwater management and erosion control measures, and stormwater retention/detention facilities where appropriate in accordance with applicable federal, state, county, and city laws, regulations and policies.

      2.   Exception Of Specific Subdivision Requirements: The zoning advisory commission and city council, when acting upon an application for preliminary or final subdivision approval, has the power to grant such exceptions from the requirements of this chapter for subdivision approval as may be reasonable and within the general purpose and intent of the provision for subdivision review and approval of this chapter, if enforcement of one or more provisions of this chapter are impracticable or will exact an undue hardship because of unique conditions pertaining to the land in question. (Ord. 52-09, 10-19-2009; amd. Ord. 26-13, 5-20-2013; Ord. 31-14, 4-21-2014; Ord. 32-22, 9-19-2022)

   A.   Subdivision Design:

      1.   Design of the subdivision shall be in conformance with this title, the comprehensive plan, and all applicable city standards.

      2.   To the maximum extent practicable, the subdivision shall be designed to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impacts and alteration of the natural features.

      3.   The subdivision shall be laid out to avoid adversely affecting groundwater and aquifer recharge; to reduce cut and fill; to avoid unnecessary impermeable cover; to prevent flooding; to provide adequate access to lots and sites; and to mitigate adverse effects of shadow, noise, odor, traffic, drainage, and utilities on neighboring properties.

      4.   The subdivision shall be laid out to create lots which provide sufficient area for development outside utility easements. No buildings, fill, or grading shall occur within the utility easements without approval of the city engineer.

      5.   No more than forty (40) platted lots shall be allowed in any phase, combination of phases, or contiguous subdivisions having only one exit.

      6.   All streets, sidewalks, and bike/hike trails shall connect to other streets, sidewalks and bike/hike trails within the subdivision, and to the property lines, to provide for their extension to adjacent properties. Each subdivision shall connect to the existing and planned street network of the city to ensure connectivity between properties, distribution of traffic, and access for public and emergency services.

   B.   Extension of Public Improvements:

      1.   Definitions: For purposes of this Chapter, the following terms have the following meanings:

   Development: Any change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations for which necessary permits may be required.

   Fiberoptic network conduit: A pipe, vault, or duct used to enclose fiberoptic cable facilities buried alongside a roadway or surface mounted on a bridge, overpass, or other facility where placement below ground is impossible or impractical. "Fiberoptic network conduit" does not include electronics or cable.

   Public Improvement: Streets, sanitary sewers, water mains, streetlights, sidewalks, bike/hike trails, and fiberoptic network conduit.

      2.   Requirement of Developer: For all subdivision or site plan developments, the developer shall extend all public improvements within and through the subdivision or site development, and to the property lines, to provide for their extension to adjacent properties.

   Public improvements shall be designed and installed in accordance with the current city standards and specifications and within the time frame specified in the resolution approving the final plat or improvement plan. The developer shall pay the total cost of engineering and construction of extensions of such public improvements.

   Plans for such extensions must be approved by the city engineer. The city engineer may grant a waiver of the extension requirements on such terms and conditions as the city engineer determines appropriate.

      3.   Water Mains:

         a.   Water mains must be sized to meet requirements for domestic plus fire flow water demands and in accordance with city. The city may require the design and construction of water mains with the ability to service lands other than the immediately adjoining land and may require installation of water mains sized larger than the minimum required to provide domestic and fire flow needs for the development. In this circumstance, the city will consider reimbursing the developer for the incremental difference in material cost above that of the cost for water main materials needed to provide domestic and fire flow needs subject to the availability of funds as determined by the city. The city will not reimburse the developer for water mains above 8-inch if larger diameter water main is needed to provide domestic plus fire flow water demands in the development.

         b.   Only mains sized larger than an 8-inch main may be considered eligible for reimbursement purposes. The reimbursement will be based on the difference in pipe and fitting costs only, and no allowance will be made for the difference in installation costs. The developer must provide the city engineer with a current pipe supplier price list for the water main pipe and appurtenances needed to serve the development and the price for the increased pipe size and appurtenances. The city engineer will calculate the reimbursement amount and will document the reimbursement amount in an agreement between the city and the developer.

         c.   In areas where water main may be extended by a developer past properties owned by others outside of the final plat so as to serve the area of the final plat, such extension shall be at no expense to the city. The city shall not be obligated to collect any portion of this cost for reimbursement to the developer.

      4.   Sanitary Sewers:

         a.   All sanitary sewers mains must be a minimum of 8-inch diameter pipe.

         b.   The sanitary sewer extension must be sized by the developer and approved by the city engineer to serve the development and the development of upstream sewershed property that may be served by the sewer extension.

         c.   When the upstream sewershed property would require the developer to increase the pipe diameter, the city will consider reimbursing the developer for the incremental cost difference in sanitary sewer pipe above the cost for sanitary sewer pipe needed to provide service for the development, as determined by the city engineer and subject to the availability of funds as determined the city. The reimbursement will be based on the difference in sanitary sewer pipe costs only and no allowance will be made for the difference in installation costs.

         d.   The city will not reimburse developers for any increase in sanitary sewer pipe diameter beyond 8-inch diameter if the increase in size is a direct result of the development needs.

      5.   The developer must provide the city engineer with a current pipe supplier price list for the sanitary sewer pipe needed to serve the development and the price for the increased sanitary sewer pipe size. The city engineer will calculate the reimbursement amount and will document the reimbursement amount in an agreement between the city and the developer.

      6.   When a developer is installing a sanitary sewer lift station to serve the development, the developer is responsible for proper capacity sizing of the lift station and force main to serve the development to accept flow from upstream sewershed properties.

      7.   When the upstream sewershed properties would require the developer to increase the sanitary sewer lift station capacity, the city will consider reimbursing the developer for the incremental cost difference in sanitary sewer lift station capacity above the cost for the sanitary sewer lift station needed to provide capacity for the development, as determined by the city engineer and subject to the availability of funds as determined by the city. The reimbursement will be based on the difference in sanitary sewer lift station costs only and no allowance will be made for the difference in installation costs.

      8.   The developer must provide the city engineer with a current supplier price list for the sanitary sewer lift station and force main needed to serve the development and a separate price list for the components needed for the increased lift station capacity. The city engineer will calculate the reimbursement amount and will document the reimbursement amount in an agreement between the city and the developer.

   C.   Corners To Be Marked: Every corner of each lot shall be marked by a land surveyor licensed in the state of Iowa.

   D.   Open Space: In subdividing property, consideration shall be given to the dedication of suitable sites for parks, playgrounds, schools and other open space areas, so as to conform, as nearly as possible, to the comprehensive plan and the needs of the city and the adjacent area. Such provision may be indicated on the preliminary and final plats for consideration by the commission and city council when, whether, and in what manner such sites will be dedicated to the public. (Ord. 52-09, 10-19-2009; amd. Ord. 2-23, 1-17-2023)

The purpose of this section is to provide recommendations for recreational open space in newly developing residential areas. (Ord. 52-09, 10-19-2009)

   A.   The suggested amount of recreational open space in a proposed development generally should be five hundred (500) square feet per proposed detached single-family home and three hundred (300) square feet per proposed multi-family unit. The multi-family dwelling unit rate applies to any residential dwelling unit other than detached single-family dwellings. When a plat is requested for mixed land uses, this subsection shall apply only to those areas of the plat devoted to residential uses.

   B.   The recreational open space may include waterways, detention/retention areas, and ponds provided that those areas do not constitute more than fifty percent (50%) of the amount of recreational open space required in subsection A of this section.

   C.   Where the proposed subdivision abuts undeveloped lands, the recreational open space land may be located adjacent to the subdivision boundaries with the undeveloped land, at the discretion of the city council, to allow the recreational open space to be increased in size when the adjacent property develops. (Ord. 52-09, 10-19-2009)

   A.   The subdivider or developer shall grade and seed the recreational open space.

   B.   Where the recreational open space is located adjacent to a street, the subdivider or developer shall be responsible for the installation of utilities and other improvements required along that street segment. The developer shall also provide utility service laterals for water and sewer.

   C.   The subdivider or developer shall be responsible for installing satisfactory ground cover and controlling erosion on recreational open space that has been disrupted as a result of development activities. (Ord. 52-09, 10-19-2009)

The recreational open space may be owned and managed by one or a combination of the following:

   A.   A property owners' association.

   B.   A nonprofit conservation organization.

   C.   Public dedication. (Ord. 52-09, 10-19-2009)

   A.   After the effective date hereof, the sustainable subdivision development tools apply to all new major subdivisions.

   B.   After a preapplication conference, the subdivider shall submit a preliminary plat and other written or graphic materials necessary to demonstrate what sustainable subdivision tools will be incorporated into the proposed subdivision.

   C.   New subdivisions shall achieve a minimum score of forty (40) points by utilizing the following list of sustainable subdivision development tools:

 

(Ord. 52-09, 10-19-2009)

A development that is characterized by compact lots and common open space, and where the natural features of the land are maintained to the greatest extent possible. (Ord. 52-09, 10-19-2009)

   A.   Land Suitability: Land may be developed unless it is unsuitable for any proposed use if identified as being environmentally sensitive. Areas identified as being environmentally sensitive include, but are not limited to:

      1.   All areas mapped as floodplain by FEMA or IDNR, including a seventy five foot (75') buffer.

      2.   All areas identified as wetlands by the IDNR, including a seventy five foot (75') buffer.

      3.   Areas identified as wetlands by the IDNR that are known to provide habitat for rare, threatened or endangered species.

      4.   Historic buildings and sites, archaeological sites and burial sites.

   B.   Residential Lot Requirements:

      1.   The lot configuration shall comply with the standards established by the existing zoning district, unless a subdivision qualifies for a development bonus.

      2.   Lots shall be configured to minimize the amount of impermeable surfaces.

      3.   Most lots shall take access from interior local streets.

      4.   Lots shall be configured to minimize the amount of road length required for the subdivision.

      5.   Development shall be configured to minimize loss of woodlands.

      6.   All lots within a neighborhood shall abut open space on at least one side. A local street may separate lots from the open space.

      7.   Stormwater management best management practices (BMPs) shall be followed in conformance with the sustainable subdivision development tools in section 16-11-10 of this chapter.

   C.   Residential Cluster Siting Standards:

      1.   Residential lots and dwellings shall be grouped into clusters. Each cluster shall contain no less than five (5) units.

      2.   Residential clusters shall be located to minimize negative impacts on the natural, scenic and cultural resources of the site and conflicts between incompatible uses.

      3.   Residential clusters shall avoid encroaching on environmentally sensitive areas identified by the IDNR.

      4.   Whenever possible, open space shall connect with existing or potential open space lands on adjoining parcels and local or regional recreational trails.

      5.   Residential clusters should be sited to achieve the following goals, to the extent practicable:

         a.   Minimize impacts to prime farmland soils and large tracts of land in agricultural use, and avoid interference with normal agricultural practices.

         b.   Minimize disturbance to woodlands, wetlands, grasslands and mature trees.

         c.   Minimize downstream impacts due to runoff through adequate on site stormwater management practices.

         d.   Protect archaeological sites and existing historic buildings or incorporate them through adaptive reuse.

   D.   Common Open Space Design:

      1.   Designated; Minimum Required: Open space may be designated as part of the development. The minimum required open space to qualify for a development bonus is forty percent (40%) of the subdivision.

      2.   Open Space Conservation Ranking (In Order Of Significance): The areas to be preserved shall be identified on a case by case basis in an effort to conserve and provide the best opportunities to restore and enlarge the best quality natural features of each particular site.

         a.   First priority will be given to intact natural communities, rare and endangered species, environmental corridors, natural and restored prairies, significant historic and archaeological properties, and steep slopes.

         b.   Second priority will be given to areas providing some plant and wildlife habitat and open space values.

         c.   Third priority will be given to areas providing little habitat but providing viewshed, recreation, or a sense of open space.

      3.   Allowable Areas Or Structures: The following areas or structures may be located within the open space area and shall be counted toward the overall open space percentage required:

         a.   Parking areas for access to and use of the open space developed at a scale limited to the potential users of the open space.

         b.   Privately held buildings or structures provided they are accessory to the use of the open space.

      4.   Rights Of Way: Road rights of way shall not be counted towards the required minimum open space.

      5.   Bodies Of Water: No more than fifty percent (50%) of the required open space may consist of water bodies, ponds, floodplain or wetlands.

      6.   Plant And Animal Habitat: That portion of open space designed to provide plant and animal habitat shall be kept as intact as possible. Trails shall be designed to avoid fragmenting these areas.

      7.   Pathways: A pathway system connecting open space areas accessible to neighborhood residents, and connecting these areas to neighborhood streets and to planned or developed trails on adjacent parcels shall be identified in the plan.

      8.   Ownership; Management: The designated common open space and common facilities may be owned and managed by one or a combination of the following:

         a.   A property owners' association.

         b.   A nonprofit conservation organization.

         c.   Public dedication.

         d.   An individual who will use the land for open space purposes as provided by a conservation easement.

      9.   Public Dedication Of Open Space: The city may accept the dedication of fee title or dedication of a conservation easement to the common open space. The city may accept the common open space provided:

         a.   The common open space is accessible to the residents of the city.

         b.   The city agrees to and has access to maintain the common open space.

      10.   Individual Ownership: An individual may hold fee title to the land while a nonprofit or other qualified organization holds a conservation easement use for the common open space. (Ord. 52-09, 10-19-2009)

In consideration for setting aside areas determined as environmentally sensitive, public park land, and common open space, a conservation subdivision shall qualify for a development bonus.

   A.   Development Yield Analysis: The subdivider shall submit a table showing the maximum number of dwelling units that would be permitted by the underlying zoning designation, consistent with the minimum lot size, lot widths, setbacks and other provisions of this title and compare it to the number of dwelling units proposed. Land that is undeveloped because of other laws and ordinances that prohibit development in certain areas (e.g., floodplains, wetlands, steep slopes, and drainageways) shall be excluded from the development yield analysis.

   B.   Development Bonus: The development bonus shall equal the overall development density as determined by the development yield analysis, plus twenty percent (20%).

   C.   Smaller Lot Development: To accommodate a qualified development bonus, the subdivider may submit a plat for smaller lot development. Despite the lot size, yard, and bulk regulations of this title, and any other applicable requirements of the city, the zoning advisory commission and city council may approve a development bonus for conservation subdivisions with lot area and dimensions less than required by this title, and those lots shall be buildable, provided that:

      1.   The purpose of creating the conservation subdivision with smaller than normal lots is to encourage and promote flexibility, economy, and environmental soundness in layout and design of residential developments only.

      2.   It is the intent of this section to allow lots that are smaller than normally allowed by this title where all or most of the lots in the conservation subdivision are of a similar size. It is not the intent of this section to allow the creation of small remnant lots in subdivisions where most lots meet the requirements stated herein.

      3.   No lot may be created that is so narrow, has such little area, or that is so irregularly shaped that it would be impractical, as determined by the zoning advisory commission at the time of the subdivision review, to construct a principal structure on it that:

         a.   Could be used for purposes that are permissible in that zoning district; and

         b.   Would satisfy all applicable lot coverage and setback requirements for the zoning district in which the development is located. (Ord. 52-09, 10-19-2009)

   A.   Definition: A "solar subdivision" is a development that includes at least seventy percent (70%) "solar lots", which have a minimum north-south dimension of seventy five feet (75') and a front line orientation that is within thirty degrees (30°) of the true east-west axis.

   B.   Solar Access: To facilitate solar access, streets in a solar subdivision shall be oriented in an east-west direction to the maximum extent possible or to within twenty degrees (20°) of such orientation. This requirement shall not apply to preliminary plats approved prior to the effective date hereof, provided the final plat of the preliminary plat is submitted within six (6) months, or to final plats submitted within six (6) months of the preliminary plat approval or to portions of the subdivision where the applicant demonstrates that:

      1.   There are other means of assuring solar access to lots in question, including, but not limited to, cluster development on large parcels or through the use of building setback or solar access easements.

      2.   Topographic conditions on or surrounding the land being subdivided make such orientation unreasonable.

      3.   The shape and size of the property being subdivided make such orientation unreasonable.

      4.   Adopted stormwater management plans or policies indicate a different street orientation.

      5.   Existing or approved future development contiguous to the subject property precludes adequate solar access to the portion in question.

      6.   Existing street patterns contiguous to the subject property make such orientation unreasonable.

      7.   Specific adverse environmental impacts would occur on the site if such orientation were achieved.

      8.   Desirable street circulation patterns require some streets to be in a more north-south direction.

      9.   The final platting of only a portion of an approved preliminary plat precludes changes in remaining portions of the preliminary plat which are necessary to provide adequate solar access to the portion in question. (Ord. 52-09, 10-19-2009)

The following regulations apply to cottage housing developments (CHDs):

   A.   Bulk Regulations:

      1.   The minimum lot area for a CHD shall be two thousand five hundred (2,500) square feet.

      2.   The height limit permitted for structures in CHDs shall be eighteen feet (18').

      3.   The ridge of pitched roofs with a minimum slope of six to twelve (6:12) may extend up to twenty five feet (25'). All parts of the roof above eighteen feet (18') shall be pitched.

      4.   The maximum lot coverage permitted for principal and accessory structures in CHDs shall not exceed fifty percent (50%).

   B.   Yards:

      1.   Front Yards: The front yard shall be ten feet (10').

      2.   Rear Yards: The minimum rear yard shall be ten feet (10').

      3.   Side Yards: The minimum required side yard shall be five feet (5').

      4.   Courtyards: Landscaped, usable common open space.

   C.   Number Of Units: The development shall have a minimum of six (6) dwelling units and no more than twelve (12) dwelling units per courtyard.

   D.   Dwelling Size: Single-story dwellings in cottage developments shall not exceed eight hundred (800) square feet. Two-story structures shall not exceed a total square footage of one thousand two hundred (1,200) square feet.

   E.   Required Courtyard:

      1.   A courtyard shall be provided that abuts the front, rear, or side yards of at least fifty percent (50%) of the cottage units.

      2.   A minimum of four hundred (400) square feet per cottage unit of courtyard is required.

      3.   All of the cottage units shall be within sixty feet (60') walking distance of the courtyard, and the courtyard shall have cottages abutting at least two (2) sides.

   F.   Parking:

      1.   Spaces Required: One space per dwelling unit and 0.5 space per cottage unit for visitor parking shall be required.

      2.   Location:

         a.   Parking shall be on the CHD property.

         b.   Parking may be in or under a structure or outside a structure, provided that:

            (1)   Visitor parking is screened from direct street view by garage doors, or by a screening fence and/or landscaping.

            (2)   Parking between structures is only allowed when it is located toward the rear of the principal structure and is served by a private driveway.

            (3)   Parking may not be located in the front yard.

            (4)   Parking may be located between any structure and the rear lot line of the lot or between any structure and a side lot line which is not a street frontage.

   G.   Project Review: Cottage housing developments are reviewed through the city's subdivision review procedure. (Ord. 52-09, 10-19-2009)

   A.   Numbering: All blocks and lots shall be numbered systematically for identification.

   B.   Lot And Area Dimensions: The minimum area and dimensions for lots shall conform to the applicable requirements of the area regulations of this title. All lots shall front on a public street or an approved private street. Lots with double frontages shall not be permitted unless one frontage is an arterial street without access rights. Triangular lots shall be avoided whenever possible.

   C.   Lot Lines: Insofar as practical, the side lot lines shall be perpendicular to the street on which the lot fronts.

   D.   Remnant Lots: In cases where irregularity of ownership or street lines would produce remnant lots less than the minimum area required by this title, such area shall be added to adjoining lots.

   E.   Exceptional Sized Lots: When the tract is subdivided into parcels larger than the usual building lots, such tract shall be divided so as to allow for the opening of streets and such parcels shall be multiples, in area, of units not less than the lot areas required by this title.

   F.   Mid Block Pedestrian Access Easements: All blocks which exceed one thousand feet (1,000') in length shall be provided with a mid block pedestrian access easement. Mid block pedestrian access easements shall be provided to enhance connectivity within and between residential areas. Easements shall be provided in all blocks where the city planner determines, that due to topography, physical constraint, or excessive block length such easement would benefit the health and welfare of the public. (Ord. 52-09, 10-19-2009)

   A.   General: The arrangement of arterial and collector streets shall conform to the circulation plan of the comprehensive plan. For streets not shown in the comprehensive plan, the arrangement shall provide for the appropriate extension of existing streets. Private streets shall conform to city standards for private streets.

   B.   Right Of Way:

      1.   The right of way shall be measured from lot line to lot line and shall be sufficiently wide to contain the street pavement, curbs, shoulders, sidewalks, utilities, street lighting and street trees placed within the right of way.

      2.   The right of way width of a new street that is a continuation of an existing street shall in no case be continued at a width less than that of the existing street. The right of way width shall vary with street classification according to the city standards.

      3.   Dedication of half street right of way is discouraged but may be approved by the commission and city council to serve the public interest. Lots abutting on such right of way shall be nonbuildable until the remainder of the street is dedicated to the public.

   C.   Street Classification:

      1.   Streets shall be classified by the city engineer as arterial, collector, local or alley. The street hierarchy shall be defined by the city engineer based on road function and average daily traffic in accordance with the city standards.

      2.   Each street shall be classified and designed for its entire length to meet the standards for one of the street types defined in the city standards.

      3.   The owner shall demonstrate to the zoning advisory commission's and city council's satisfaction that the distribution of traffic to the proposed street system will not exceed the requirements set forth in the city standards.

   D.   Street Width: Street width shall consider possible limitations imposed by sight distances, climate, terrain, and maintenance needs. Street widths for each street classification shall conform to the city standards.

   E.   Pavement Standards: Street pavement thickness shall vary by street classification, subgrade properties and pavement type as specified in the city standards.

   F.   Street Alignment: Arterial and collector streets shall be continued in as direct an alignment as topography and other conditions permit. Local streets shall conform to the prevailing topography of the subdivision.

   G.   Street Grades: The minimum gradient for all streets shall be one-half percent (1/2%). The maximum gradient for arterial streets shall be eight percent (8%); for collector streets ten percent (10%); and for local streets twelve percent (12%). Grades of up to fifteen percent (15%) may be allowed on secondary access, local streets with the approval of the zoning advisory commission and city council. The grade within the circle of a cul-de-sac shall be no more than four percent (4%). (Ord. 52-09, 10-19-2009)

   H.   Names Of Streets: Names of streets that are aligned with existing or platted streets, or essentially so, shall bear the names of the existing streets. Names for new streets shall not duplicate in spelling, nor sound phonetically similar to existing street names in the city or county of Dubuque. Proposed street names for public or private streets shall be labeled on the submitted preliminary plat. (Ord. 26-13, 5-20-2013)

   I.   Easements: Easements shall be provided as determined necessary for public utility requirements. Public utility easements shall be a minimum of ten feet (10') in width and may vary as needed. Storm sewer and sanitary sewer easements and water main easements shall be a minimum of twenty feet (20') in width.

   J.   Curbs:

      1.   Curb requirements and construction shall be in accordance with the city standards.

      2.   Where curbing is not required, as in planned developments or within two (2) miles of the city limits, edge definition and stabilization shall be furnished as recommended by the city engineer. Shoulders and swales shall be reviewed on a case by case basis with the city engineer.

      3.   Curbing shall be designed to provide a ramp for wheelchairs and handicapped access as required by state and federal law and city standards. (Ord. 52-09, 10-19-2009)

   K.   Complete Streets Policy:

      1.   General: The city's comprehensive plan supports the development of a comprehensive bike/hike trail system to provide multimodal transportation for the city. Streets that are designed for only cars limit transportation choices by making walking, bicycling and taking public transportation inconvenient, unattractive and potentially dangerous. The city currently implements curb ramp, sidewalk, signage and trail projects that support the implementation of complete street design. The city's complete streets policy will take into account the potential for additional cost associated with the construction of complete streets and recognizes that not every new public street will be suitable for implementing all aspects of complete street design. Planning staff will review application of complete street design as part of the major subdivision review process.

      2.   Complete Street Design Goals:

         a.   Design and construct new streets in anticipation of increased demand for bicycling, walking and transit facilities.

         b.   Design and construct new streets that allow for future improvements to accommodate complete street design attributes, such as provision of extra right of way to accommodate an off street bike trail in the future.

         c.   New public streets that implement all or some components of complete street design shall utilize standards found in the following design guidelines:

            (1)   AASHTO (American Association Of State Highway And Transportation Officials).

            (2)   SUDAS (statewide urban design and specifications program).

            (3)   Federal highway administration.

            (4)   ITE (Institute Of Transportation Engineers).

      3.   Complete Street Applications:

         a.   Most collector and arterial streets are constructed/reconstructed by the city of Dubuque and hence application of complete street design criteria will be handled through the city's internal design and approval process.

         b.   Local residential streets in most new residential subdivisions will incorporate some complete street design criteria, such as sidewalks on both sides of the street, curb ramps at intersection corners, etc.

         c.   Collector streets within new subdivision, in addition to above, may restrict driveway access to side streets to facilitate on street bike trails, could include wide sidewalks and parkways to facilitate walking. (Ord. 1-12, 1-17-2012)

   A.   Sidewalks shall be required on all public street frontages and constructed of concrete or permeable pavement in accordance with the city and ADA standards.

   B.   Sidewalks shall be placed five feet (5') behind the curb parallel to the street, unless an exception has been permitted by the city engineer to preserve topographical or natural features or to provide visual interest, or unless the subdivider shows that an alternative pedestrian system provides safe and convenient circulation.

   C.   In planned developments, sidewalks may be located away from the road system to link dwelling units with other dwelling units, the street and on site activity centers such as parking areas and recreational areas. They may also be required parallel to the street for safety and other reasons.

   D.   Sidewalk installation shall be the responsibility of the owner of property abutting the public right-of-way. This responsibility shall extend to all successors, heirs and assignees. Sidewalk installation shall be required when the development of a lot has been completed. All vacant lots shall have sidewalks installed upon development of eighty percent (80%) of the lots shown on the approved final plat. (Ord. 52-09, 10-19-2009)

   A.   Separate bicycle paths shall be required in accordance with the comprehensive plan.

   B.   Bicycle lanes, where required, shall be placed in the outside lane of a roadway adjacent to the curb or shoulder. When on street parking is permitted, the bicycle lane may share the parking or travel lane where feasible. Lanes shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be used. (Ord. 52-09, 10-19-2009)

Utilities shall generally be located within the right-of-way on both sides of and parallel to the street, in accordance with the City standards. (Ord. 52-09, 10-19-2009)

Street trees shall be located within the right-of-way on both sides of and parallel to the street, in accordance with subsection 6-8-1B of this Code and the "City of Dubuque Street Tree and Landscaping On Public Right-of-Way Policy". (Ord. 52-09, 10-19-2009)

See title 14, chapter 15 of this Code for water regulations. (Ord. 37-15, 6-1-2015)

   A.   All sanitary sewer installations for major and minor subdivisions shall be properly connected to an approved and functioning sanitary sewer system in accordance with the City standards.

   B.   If a public sanitary sewer system will be provided to the area within a three (3) year period as indicated in the comprehensive plan, the City Council may require installation of a capped system within the street or road right-of-way; or the City Council may require a payment in lieu of the improvement.

   C.   All proposals for new public sanitary sewer systems, extensions to existing public sanitary sewer systems or the installation of a capped system, or use of individual subsurface disposal systems, shall be approved by the City Engineer.

   D.   The sanitary sewer system shall be adequate to handle the necessary flow based on complete development of the subdivision and extensions of the system to areas beyond the subdivision. Sanitary sewer system design and placement shall comply with the City standards. (Ord. 52-09, 10-19-2009)

   A.   Design of the stormwater, grading and erosion control management system shall be consistent with general and specific concerns, values, and standards of the comprehensive plan and applicable County, regional, and State storm drainage control programs. Design shall be in accordance with the City standards and this title.

   B.   The best available technology shall be used to minimize the impact to adjacent properties, off site stormwater runoff, increase on site infiltration, encourage natural filtration functions, simulate natural drainage systems, and minimize off site discharge of pollutants to ground and surface water, in accordance with the City standards, this title, State and Federal regulations.

   C.   Preliminary and final grading and erosion control plans shall comply with title 14, chapter 12 of this Code and the City standards. (Ord. 52-09, 10-19-2009)

Improvements including streets, sanitary sewers, stormwater management facilities, water mains, streetlights, street trees, and sidewalks shall be installed by the owner in accordance with City standards, the approved final plat, and the approved improvement plans. Improvements shall be installed within the time frame specified in the resolution approving the final plat and improvement plans. (Ord. 52-09, 10-19-2009)

   A.   Application: Before the recording of final plats, or as a condition of approval of final plats, the City Council shall require the following guarantees:

      1.   The furnishing of a performance guarantee by the owner in an amount not less than one hundred ten percent (110%) of the cost of construction of required improvements. Upon determination by the City Engineer that a required improvement is substantially complete, the amount of such guarantee shall be reduced to twenty five percent (25%) of the cost of construction of the required improvement. "Substantially complete" shall mean that the required improvement has been inspected by the City Engineer and determined by the City Engineer to be constructed in accordance with the approved plans and specifications; and

      2.   Provision for a maintenance guarantee in the amount of twenty five percent (25%) of the cost of the required improvements by the owner for a period of two (2) years after final acceptance of the improvements by the City Council; and

      3.   The owner shall pay required inspection fees equal to three percent (3%) of the construction costs of the required improvements.

   B.   Time Extension: The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the City Council by resolution.

   C.   Inspection: Upon completion of all required improvements, the owner shall notify the City Engineer in writing of the completion of improvements. The City Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the City Manager and property owner, indicating either approval or rejection of such improvements with a statement of reasons for any rejection.

   D.   Performance And Maintenance Guarantees: Performance and maintenance guarantees may be provided by a variety of means subject to the approval of the City including, but not limited to, the following:

      1.   Surety Bond: The owner may obtain a surety bond from a surety bonding company authorized to do business in the State; or

      2.   Letter Of Credit: The owner may provide an irrevocable letter of credit on a form provided by the City and from a financial institution acceptable to the City; or

      3.   Escrow Account: The owner may deposit cash, or cash equivalent, either with the City, or with a financial institution acceptable to the City, pursuant to an escrow agreement acceptable to the City; or

      4.   Certificate Of Deposit: The owner may deposit a certificate of deposit in the name of the City, with a financial institution acceptable to the City. (Ord. 52-09, 10-19-2009)