1.   The regulations set forth in this chapter qualify or supplement, as the case may be, the regulations set forth elsewhere in the Ordinance.

   2.   Conformance Required. Except as may be hereinafter specified, no land, building, structure, or premises shall hereafter be used and no building, or part thereof, or other structure shall be located, erected, reconstructed, extended, enlarged, or altered, except in conformity with the provisions of the Ordinance.

   3.   Site Development Plan Review. When any of the following are filed in the Planning and Development Department, a Site Development Plan shall be submitted for concurrent review and approval, unless otherwise noted, for conformance to this chapter.

   4.   Types of Applications.

      A.   Application for a Home Business.

      B.   Application for a Change of Use Permit.

      C.   Application for a Grading Permit.

      D.   Application for a Sign Permit.

      E.   Application for a Zoning Permit.

         (1)   Commercial and Industrial Application for a Zoning Permit shall be reviewed and approved by the Board of Supervisors at a public meeting. This requirement may be waived if determined by the Board of Supervisors that there will be no discernible impact on neighboring properties, the general public, or those intended to use or occupy the proposed development.

         (2)   Prior to review and approval of an Application for Zoning Permit for a lot, parcel or tract where a declaration to submit real property to the horizontal property regime, has been executed and acknowledged by the sole owner or lessee or all of such owners or lessees in the Office of the Story County Recorder, an overall Site Development Plan shall be reviewed and approved by the Board of Supervisors at a public meeting. This requirement may be waived if determined by the Board of Supervisors that there will be no discernible impact on neighboring properties, the general public, or those intended to use or occupy the proposed development.

      F.   Development Application for a Right-Of-Way and Official Plat Vacation.

      G.   Development Application for a Special Events Permit.

      H.   Development Application for a Conditional Use Permit.

      I.   Development Application for a Conditional Use Permit Modification.

      J.   Development Application for a Residential Parcel Subdivision.

      K.   Development Application for a Agricultural Subdivision.

      L.   Development Application for a Minor Subdivision.

      M.   Development Application for a Major Subdivision. Review and approval of Site Development Plan shall take place during Preliminary Plat review.

      N.   Development Application for a Residential Manufactured Housing Community. Review of Site Development Plan for a Residential Manufactured Housing Community shall adhere to Section 86.09(9) of these regulations.

All applications for development approved by the Board of Supervisors shall conform to all the following minimum standards and requirements, except those plats referred to in Chapter 87 as Auditor’s plats.

   1.   Large Lot Subdivisions. Whenever the area is divided into lots of such size that there are indication that the lot could eventually be re-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 arrangement of small lots.

   2.   Street Design Standards. In new developments, road siting and street network are important considerations. To maximize storm water filtration and infiltration, natural drainage patterns shall be preserved whenever possible and, to the maximum extent feasible, streets (and other impervious surfaces) shall not be located in low areas or on highly permeable soils. The street design standards defined in Table 88-1 apply to the construction of new streets and roads.

      A.   Half Streets. The platting of half streets shall not be permitted.

      B.   Off-Set Streets. Off-set streets shall be avoided.

      C.   Private Streets. Private streets are permitted, provided they serve four (4) or fewer lots only in subdivisions of not more than four (4) lots. Private streets shall be designed in accordance with the requirements listed on Table 88-1; however, pavement requirements shall not apply to private streets.

 

      D.   Dead-End Streets. The terminus of dead-end streets shall be appropriately designed for the amount of traffic generated as based on the number of development lots taking access from the street in accordance with the requirements listed on Table 88-2. The length of a dead-end street is measured along the centerline from the center of the cul-de-sac or turning-T (hammerhead) to its point of intersection with the centerline of the nearest through street.

 

 

   E.   Street Names. Street names for streets which are extensions of existing streets or roads shall be the same. Street names shall be subject to Planning and Zoning Commission and Board of Supervisors approval and shall conform to the requirements of Chapter 32, Road Identification and Address Numbering System.

   F.   Relation to Adjoining Street System. The arrangement of streets in new subdivisions shall make provision for the continuation of the principal existing streets in adjoining subdivisions, or for a proper intersection where said streets in the new subdivision shall connect therewith, or their proper projection where adjoining property is not subdivided insofar as they may be necessary for public requirements. The width of such streets in new subdivisions shall not be less than the minimum street widths established herein unless a differed required width is established by the Story County Engineer in order to provide continuity and/or connectivity with the adjoining street system. The street arrangement shall also be such as to cause no hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it.

   1.   Public Utility Easements. Easements of not less than 10 feet in width shall be provided on each side of all rear lot lines and/or side lot lines where necessary for poles, wires, conduits, and storm utilities. Easements of greater width may be required along lines or across lots where necessary for the extension of main sewers and similar utilities.

   2.   Lot Arrangement and Design. The lot arrangement and design shall be such that they are topographically desirable building sites and avoid unstable landforms or significant slopes prone to erosion and collapse, which includes significant slopes, as defined in Section 85.08. Maintaining vegetative cover and limiting disturbance on significant slopes reduces property losses and water quality issues related to erosion. Lot design shall also preserve critical natural resource areas to the fullest extent possible.

      A.   Lot Arrangement and Design for Significant Slopes (greater than or equal to 15%).

         (1)   Determination and classification of significant slopes shall be completed by the applicant, using United States Geological Survey topographic maps featuring the contour lines at two-foot intervals or a survey. Applicants may request such contour maps from the Story County Planning and Development Department.

         (2)   When development is proposed on natural slopes greater than or equal to 15% or within a buffer measured two (2) feet for every one (1) foot of vertical rise from the toe or summit of a significant slope (see Figure 1) on lots, parcels, or tracts existing prior to the adoption of this ordinance, as well as buildable parcels and lots in subdivisions of two or fewer lots created after the adoption of this ordinance:

            a   An erosion and sediment control plans as outlined in 88.05(3) shall be required and the development shall be subject to inspections for conformance to erosion and sedimentation prevention best practices.

            b   A geotechnical analysis is encouraged to be completed and the analysis reviewed by an Iowa licensed engineer for special design considerations and recommendations, including for foundation design, construction sequencing, retaining walls, slope stability, excavation, and shoring for existing structures on the subject property and any neighboring properties.

            c   Limits of disturbance shall be denoted on site plans, and on-site.

Figure 1 Significant Slope Diagram

         (3)   For subdivision plats with three or more development lots, conditional use permits, or commercial site plans submitted after the adoption of this ordinance, the following standards shall apply:

            a.   A development envelope will be shown on the site plan or the preliminary and/or final plat for each lot that contains significant, natural slopes to show the area where a dwelling or other proposed development may be sited. The development envelope shall meet the required setbacks for the applicable zoning district and shall be large enough to accommodate a 1,200-square-foot dwelling with a two-car garage or other proposed use.

            b.   When the development envelope includes slopes greater than or equal to 15%, or includes an area within a buffer of two (2) feet for every one (1) foot of vertical rise measured from the toe or summit of a significant slope, a geotechnical analysis shall be required, and shall be submitted with the site plan or preliminary plat. The analysis shall be completed/reviewed by an Iowa-licensed engineer to ensure the suitability of a site for development and any special design considerations and recommendations, including for foundation design, construction sequencing, retaining walls, slope stability, excavation, and shoring for existing structures on the subject property and any neighboring properties. These recommendations may be included as conditions of approval. Lots and/or development envelopes determined to be unsuitable for development shall be reconfigured to provide a suitable building site that accommodates the required development envelope.

            c.   Slopes with a grade greater than 35%, shall be considered protected. The area within a buffer measured two (2) feet for every one (1) foot of vertical rise, not to exceed fifty (50) feet, from the summit and toe of a slope with a grade greater than 35%, shall also be considered protected. These areas shall not be impacted for any reason, including by any impervious surface such as gravel or concrete driveways, with the exception of installing required erosion control practices, or the installation of essential utilities.

            d.   Major disturbance to the natural terrain to create a site suitable for development is discouraged. Major disturbance includes removal of the natural slope or terracing to create a building pad.

            e.   An erosion control plan and a plan to re-vegetate the site shall be required, completed by a qualified professional such as an Iowa-licensed engineer, landscape architect, or other professional certified in erosion and sediment control plan development.

            f.   Limits of disturbance shall be denoted on site plans, and on-site when development is proposed.

      B.   Reduction in Minimum Lot Sizes. A reduction in minimum lot size may be allowed when 50% or more of agricultural lands are preserved as an outlot, in an easement, or through a deed or other permanent restriction to provide buffering to other adjacent agricultural lands or when critical natural resources are preserved in accordance with 88.05.

         (1)   The reduction shall be allowed so that the development yield is equivalent to a net density of one unit per acre prior to the preservation of agricultural lands and critical natural resources.

         (2)   Lot sizes may be reduced to a minimum of 10,000 square feet. All bulk standards for the applicable or requested zoning district shall be met.

         (3)   For the reduction to apply, the development shall meet Iowa Department of Natural Resources requirements for minimum separation distances for dwellings and wells from open feedlots and confined animal feeding operations. These distances shall be maintained from existing operations. Buffers of no less than 250 feet shall also be maintained from other agricultural uses.

         (4)   The reduction shall be allowed only when a site evaluation is conducted by a certified engineer or soils professional for septic systems. In the case of a subdivision plat, the evaluation shall accompany the plat. In the case of a major subdivision, the evaluation shall accompany the preliminary plat.

            a.   All lots shall comply with Story County Environmental Health or Iowa Department of Natural Resources requirements for common or private sewage disposal systems. For lots under a half-acre, a common wastewater treatment system may be necessary and is encouraged.

            b.   A subdrain system may be required to divert discharged effluent away from critical natural resource areas.

   3.   Side Lot Lines. All side lot lines shall be substantially at right angles or radial to street centerlines.

   4.   Double Frontage Lots. Double frontage lots shall be avoided except where essential from major traffic arteries or to overcome specific disadvantages of topography. Any double frontage lot extending from road to road shall provide the required front setbacks on both roads.

   5.   Flag Lots. Flag lots shall be avoided wherever possible.

   6.   Bulk Regulations. The minimum dimensions for lots shall be in accordance with the bulk regulations of the district within which the subdivision is located; provided, however, the minimum depth for a development lot shall be 100 feet and that the depth shall not be in excess of three times the width.

   7.   Comer Lots. Comer lots shall be of such width as to permit the maintenance of all yard requirements as required by the Ordinance.

   8.   Lots at Street Intersections. All lots at street intersections shall have a radius of not less than 25 feet at the street comer. A greater radius shall be required for intersections involving one or more major streets. A cut-off or chord may be substituted for the circular arc.

   9.   Setback Lines. Setback lines shall be shown on all lots intended for residential, commercial or industrial use. Such setback lines shall not be less than the minimum yard requirements of the district within which the property is located.

   10.   Required Dimensions and Setbacks. The setback of the building for front, rear, and side yards shall in all cases be measured at a right angle from the lot line exclusive of public right-of-way or easement to the nearest point of the adjacent building wall of the building.

   11.   One Principal Building to a Residential Lot. There shall be no more than one principal building on a residential lot, parcel, or tract, unless otherwise specified in the Ordinance.

   1.   Driveways off Existing County Roads. All new driveways for proposed lots, parcels or tracts that take access off an existing County road shall maintain a 300-foot access separation distance from other driveways and 500 feet of sight distance in each direction.

      A.   Upon approval of the County Engineer, the separation distance may be reduced in cases where special conditions require less separation distance.

   2.   Existing lots, parcels, and/or tracts.

      A.   Any lot, parcel, or tract intended for development purposes that exists at the effective date of adoption or amendment of the Ordinance that does not abut on a county or subdivision/private road shall have an exclusive, unobstructed private easement as recorded in the Office of the Story County Recorder.

      B.   Shared access easements shall be required in the cases where any lot, parcel, or tract that exists at the effective date of adoption or amendment of the Ordinance has frontage along an existing or proposed subdivision/private road or county road, but does not meet the separation or sight distance requirements for driveways set forth in Section 88.04(1).

      C.   In no case shall an easement provide access to more than four single-family dwellings, more than two two-family dwellings, or more than two multiple dwellings.

   3.   New lots, parcels, and/or tracts.

      A.   No new lot, parcel, or tract intended for development purposes and created through a platting process shall be approved by the Board of Supervisors that proposes to take access through an easement. All new lots intended for development purposes shall abut a current or proposed county or subdivision/private road. Lots created through the Residential Parcel Subdivision process are exempt from these requirements.

      B.   Shared access easements shall be required in the case where any new lot, parcel, or tract has frontage along an existing or proposed subdivision/private road or county road, but does not meet separation or sight distance requirements set forth in Section 88.04(1).

   4.   Access Easement Width Requirements.

      A.   In cases where access is to be provided by easement to one single-family dwelling, an exclusive, unobstructed private easement 20 feet in width shall be provided and recorded in the Office of the Story County Recorder. See Figure 1.

      B.   In cases where access is to be provided by easement to two or more single-family dwellings or for other development purposes via a single drive, an exclusive or common easement 50 feet in width shall be provided over the shared portion of the drive and recorded in the Office of the Story County Recorder. See Figure 1.

   1.   Protections for Critical Natural Resource Areas. When property is developed, it shall be done so that the development is designed and arranged to protect critical natural resource areas. The purpose of these standards is to further the goals of the Cornerstone to Capstone (C2C) Plan and the Countywide Watershed Assessment by providing protections for areas that are environmentally or culturally significant. It is also to achieve the purpose of the Story County Land Development regulations to balance land use rights of individual landowners and the economic, social, and environmental concerns of the public. Critical natural resource areas include wetlands, watercourses and waterbodies, steep slopes, significant trees, archaeological resources, and remnant prairies and savannas. These areas are mapped as Natural Resource Areas on the C2C Plan Future Land Use Map. However, not all critical natural resource areas are mapped and individual developments will need to consider site specific characteristics. Disturbance shall be minimized and/or mitigated where avoidance is not possible.

      A.   General Requirements. The following standards apply to all critical natural resource areas that are not otherwise exempt.

         (1)   Impact. Impact to critical areas is permitted only in accordance with the provisions of this chapter. Protected areas shall be denoted on the site plan or subdivision plat, if applicable, and shall be marked on the site prior to any construction activities, including any ground disturbance or vegetation removal. Markings shall consist of lath or another marking at maximum intervals of every 50 feet along the edge of the critical natural resource area. A greater interval may be required as necessary to provide visibility between the markings. Fencing or a buffer from the edge of a resource may be required for extremely critical resources. During the construction stage of development, the applicant shall not clean equipment or material or store or dispose of waste such as paints, oils, solvents, asphalt, concrete, motor oil, or other harmful material in the critical natural resource area.

         (2)   Mitigation Plan. In all cases where mitigation is permitted and required due to exceeding allowed thresholds for disturbance, a mitigation plan shall be developed and implemented in accordance to the following standards. These requirements shall not supplant regulatory mitigation required through the U.S. Army Corps of Engineers or other regulatory agency or governmental body. If the provisions under this chapter of the Story County Land Development Regulations are in excess of another governmental entity or body’s standards, then the County provisions shall still apply.

            a.   Qualified Professional. All mitigation plans shall be developed and implemented by a qualified professional as defined in Chapter 85.08.

            b.   Responsible Party. The party responsible for maintenance and their contact information, if different from the property owner or permit applicant, shall be included.

            c.   Methods of Mitigation. Required mitigation may be accomplished through preservation and enhancement of off-site critical natural resource areas, reconstruction of critical natural resource areas, or a combination thereof.

            d.   Location. All mitigation shall occur within Story County unless the applicant can demonstrate that mitigation in accordance to this section is not feasible within the County or otherwise permitted by a specific resource subsection.

            e.   Standards for Permanent Protection. Areas preserved, reconstructed, or created to meet mitigation requirements shall be permanently protected from development through a conservation easement, deed restriction, or donated to a public agency for protection. They shall also be placed in an outlot in the case a subdivision plat is proposed.

               i.   Conservation easements shall be held by an accepted third party land conservation organization (e.g. Iowa Natural Heritage Foundation, The Nature Conservancy) or Story County Conservation.

               ii.   Land donations to public agencies would include entities such as the Story County Conservation Board, Iowa Department of Natural Resources, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, etc. If donation to a public agency is infeasible, land donations to conservation non-profits may be permissible.

               iii.   A long-term management plan, with provisions for monitoring and reporting to the County, and a process for addressing necessary changes due to failure of plans shall also be provided within the mitigation plan.

               iv.   Suitable remedial action by the responsible party will be required if all or part of a reconstructed critical area fails to become established in the timeframe indicated in the plan.

            f.   Approval. Mitigation plans shall be approved by the Board of Supervisors after a recommendation from the Story County Conservation Board.

               i.   If the Board of Supervisors does not approve the mitigation plan, then no permit or other approval may be granted for a development project.

         (3)   Conservation Easements. To provide balance between development and protecting critical natural resource areas, conservation easements or other permanent protections may be required over critical natural resource areas and their applicable buffers as a condition on rezonings, subdivisions of two or more development lots, conditional use permits, and commercial site plans. Requiring a conservation easement as a condition will be determined by the Board of Supervisors after the Story County Conservation Board makes a recommendation on whether they support the easement.

         (4)   Stream Easements. Easements shall be required for watercourses and waterbodies included in subdivisions of two or more development lots and the easement shall include provisions for maintenance and upkeep due to potential erosion issues.

         (5)   Violation. If a responsible party fails or refuses to meet the requirements of the approved mitigation plan or any provision of this ordinance, the County shall notify the party responsible for implementation and maintenance of the mitigation plan in writing following the procedure for Notice of Violations in Chapter 93 of the Story County Land Development Regulations. Depending on the severity of the violation, the permitted timeframe to submit a compliance schedule may be reduced. If the violator does not correct/abate the violation or provide an acceptable schedule to correct/abate the violation, or does not comply with the schedule, a citation for a County infraction may be issued in accordance with Chapter 93 of the Story County Land Development Regulations.

      B.   Requirements for Significant Trees and Native Woodland Shrubs. Native trees and shrubs provide wildlife corridors and habitat for Story County’s wildlife species. They also provide water quality benefits, supply oxygen, and store atmospheric carbon.

         (1)   Applicability. The provisions within this section apply to all zoning and grading permits, conditional use permits, commercial site plans, and subdivisions of more than two (2) development lots. These shall be hereinafter referred to as “development.” The provisions do not apply to general tree/shrub management, i.e. thinning of trees or removal of invasive or dead/dying trees not associated with or intended to facilitate development.

         (2)   Identification. Significant trees are native, deciduous trees with a caliper greater than four (4) inches, measured four (4) feet off the ground, or a native coniferous tree taller than fifteen (15) feet. Significant native shrubs have a basal diameter of three (3) inches. Significant trees and native shrubs that meet one or more of the following removal criteria shall be exempt from the requirements of this subsection:

            a.   Tree stands that are low quality replantings. These shall be identified through historic aerial imagery taken between the 1930s and 1980 to determine cropping history and locations of old-growth stands. Stands planted post-1980 may be considered low quality plantings.

            b.   Dead, dying or naturally fallen trees, or trees found to be a threat to public health, safety or welfare;

            c.   Trees that are determined to substantially obstruct clear visibility at driveways and intersections; or

            d.   Tree or shrub species identified as invasive species by the Iowa Department of Natural Resources.

         (3)   Impact. Impact to significant trees and/or shrubs shall be avoided where possible, and the burden of persuasion as to why impact is unavoidable will at all times be on the applicant. Mitigation for impact to significant trees or shrubs shall be required in Natural Resource Areas, as mapped on the C2C Plan Future Land Use Map. Cut or fill over a four-inch depth or compaction within the drip line of any significant tree shall be considered impact. The following mitigation standards shall be required in addition to those general standards in Chapter 88.05(1)(A).

            a.   Zoning and grading permits for parcels intended for residential development, or for subdivision lots created before the adoption of this ordinance, may impact up to one (1) acre of significant trees and/or shrubs without mitigation. Impacts over one (1) acre shall require mitigation.

            b.   Commercial site plans, conditional use permits, or subdivision plats of more than two (2) development lots may impact up to 15% or five (5) acres, whichever is less, of the wooded acres on a development site (including across multiple parcels or phases of development). Impacts over 15% or five (5) acres, whichever is less, shall require mitigation.

            c.   Prior to impact, a replacement plan or mitigation plan shall be submitted as part of a development application.

               i.   For zoning and grading permits, a replacement plan may be approved by the Planning and Development Director in lieu of a mitigation plan approved by the Board of Supervisors. The replacement plan shall outline why the impact is unavoidable and include a site plan showing where trees are being replanted and the number and species.

               ii.   For subdivisions creating more than two development lots, conditional use permits, and commercial site plans, a mitigation plan shall be completed by a qualified professional and shall include additional information regarding the long-term management of the wooded area(s), including outlining when it may be necessary to remove native trees or shrubs due to overgrowth and for the overall health of the wooded area(s). When the removal of native, significant trees and/or shrubs is deemed appropriate by a qualified professional for the overall health of the wooded area(s), such removal shall not count towards replacement ratios. A qualified professional may be a professional in natural resource science or management, or forestry.

            d.   The replacement or mitigation plan shall also meet and or/address the following standards:

               i.   Replacement trees shall be planted either on the development site or in an alternative planting site within Story County when infeasible. Allowable alternative planting sites are the following: County-owned parks or preserves; eligible areas undergoing riparian buffer improvements; privately owned land under a conservation easement or in a land trust, with permission of the property owner. Planting areas shall be appropriate locations for native trees based on where old growth forests currently, or historically, are located, and shall not cause detriment to other critical natural resource areas and shall be appropriate for the tree or shrub species involved.

               ii.   For zoning and grading permits requiring mitigation, a significant tree or shrub that is impacted shall be replaced at a ratio of 1:1, and a 20% mortality buffer shall be added to the total number of replacement trees or shrubs (e.g. if thirty (30) trees are the minimum needed for the replacement ratio, then at least thirty-six (36) shall be planted). Replacement costs shall be at the applicant’s expense.

               iii.   For commercial site plans, conditional use permits, or subdivisions of more than two development lots, significant trees or shrubs shall be replaced at a minimum ratio of 1:1. A greater ratio, up to 6:1, may be required if recommended by a qualified professional based on species and size. A 20% mortality buffer shall be added to the total number of replacement trees or shrubs (e.g. if thirty (30) trees are the minimum needed for the replacement ratio, then at least thirty-six (36) shall be planted). Replacement costs shall be at the applicant’s expense.

               iv.   Replacement trees and/or shrubs shall meet the following minimum size requirements and shall be primarily native species in order to restore and enhance the site as nearly as practicable to its pre-settlement character. Coniferous trees shall not be permitted as replacement trees.

               Deciduous Trees—one and one-half inch (1.5 inch) caliper

               Native Shrubs—five gallon pot size

      C.   Requirements for Wetlands. Wetlands provide wildlife habitat, downstream water quality protection, and natural flood/stormwater attenuation.

         (1)   Applicability. The provisions within this section shall be applicable to all proposed rezonings, conditional use permits, commercial site plans, and subdivisions of more than two (2) development lots. These shall be hereinafter referred to as “development.” Zoning permits and grading permits on subdivision lots established before the adoption of this ordinance, or on unplatted parcels or tracts, are exempt. The provisions do not apply to general management, i.e. mowing of vegetation.

         (2)   Identification. When an application for development is submitted, the following identifying features and sources shall be referenced to identify wetlands. Applicants are encouraged to consult these sources prior to making a submittal.

            a.   Wetlands identified on the Story County Countywide Watershed Assessment maps and/or U.S. Fish and Wildlife Service National Wetland Inventory.

            b.   Hydric soils identified on the Story County Soil Survey maps.

            c.   Depressions and evidence of ponding on U.S. Geological Survey Topographic Maps and aerial imagery.

            d.   Soil borings provided by a registered soil engineer and/or a survey of plant material completed by a botanist, landscape architect, engineer, or other qualified professional.

         (3)   Wetland Delineation Required. When development is proposed within one hundred and fifty (150) feet of an identified wetland, a qualified wetland specialist shall be hired to provide wetland delineation. The delineation shall use the methods in the U.S. Army Corps of Engineers Wetland Delineation Manual and Regional Supplement. If the delineation occurs outside of the normal growing season, the applicant may be required to amend the delineation with information on plant species during the growing season, if vegetation may impact the wetland classification. The delineation shall be completed at the applicant’s expense.

            a.   Wetland Classification. The delineation shall classify the wetland based on the following types. When the areas of any wetland are hydrologically connected and/or have contiguous buffers, the connected areas shall be added together to determine the wetland's size for wetland classification purposes. Vegetation classes identified during the delineation shall adhere to those adopted by the U.S. Army Corps of Engineers in the National Wetland Plant List Indicator Rating Definitions and current National Wetland Plant List.

               Class 1 Wetlands.

               i.   Wetlands that are used by species listed by the federal or state government as endangered or threatened, or which have an outstanding natural habitat for those species; or

               ii.   Wetlands which have forty to sixty percent open waters in dispersed patches with two or more wetland vegetation classes; or

               iii.   Wetlands which are equal to or greater than ten (10) acres in size and have three or more wetland vegetation classes, one of which is an aquatic bed wetland; or

               iv.   Wetlands with plant associations of infrequent occurrence according to the Iowa Coefficient of Conservatism (a Coefficient score greater than or equal to seven).

               Class 2 Wetlands.

               i.   Wetlands which are greater than one acre in size; or

               ii.   Wetlands which are equal to or less than one acre in size, and have three or more wetland vegetation classes; or

               iii.   Wetlands which are equal to or less than one acre in size and with a forested wetland vegetation class.

               Class 3 Wetlands.

               i.   Wetlands which are equal to or less than one acre in size and have two or fewer wetland vegetation classes.

            b.   Restoration Recommendations. The delineation shall also include recommendations to improve the wetland’s function, including removal of invasive species and drain tiles, reseeding and planting, ongoing maintenance recommendations, and restoring the vegetative buffer around the wetland area.

         (4)   Implementation. After a delineation is completed and the wetland(s) is classified in accordance with the wetland classification section, the proposed development shall comply with the following:

            a.   Buffering. The following buffers are required around the delineated area:

               i.   Class 1 Wetlands: One hundred (100) feet.

               ii.   Class 2 Wetlands: Seventy-five (75) feet.

               iii.   Class 3 Wetlands: Fifty (50) feet.

            b.   Activities Allowed. Only the following activities are allowed in buffer areas:

               i.   Minor land-disturbing activities for erosion control or revegetation.

               ii.   Fencing.

               iii.   Utilities.

               iv.   Unpaved trails and paths.

            c.   Buffer Averaging. Buffers may be averaged so that the total area of the buffer is not reduced, and the width of the buffer at any one point is not decreased by more than fifty (50) percent of the required buffer width, if the following is demonstrated by the wetland delineation:

               i.   The wetland is less than one (1) acre in area; and

               ii.   Does not contain species listed by the federal or state government as endangered or threatened, or critical or outstanding natural habitat for those species; and

               iii.   Does not contain diverse plant associations of infrequent occurrence or of regional significance; and

               iv.   Buffer averaging will improve the buffer function, wetland protection, and/or enhance the vegetative cover; and

               v.   The area being removed from the buffer does not contain other critical natural resource areas or act as a buffer for those areas, such as native trees or prairie remnants.

            d.   Buffer Reduction. The Story County Conservation Board may make recommendations to the Board of Supervisors regarding reductions in required buffer sizes. The Board of Supervisors may approve plans where the required buffer is reduced in size by no more than (50) percent of the required buffer width when sufficient protective measures are in place to identify and protect a wetland(s) from impacts, such as fencing installed by a developer. This shall not apply in conjunction with buffer averaging. The reduction in buffer size may not result in any impacts, as determined by a qualified wetland specialist, to:

               i.   Species listed by the federal or state government as endangered or threatened, or critical or outstanding natural habitat for those species; or

               ii.   Diverse plant associations of infrequent occurrence or of regional significance; or

               iii.   The function or health of the wetland, including ensuring a sufficient vegetated area around the wetland is maintained to filter pollutants or slow surface runoff; and

               iv.   The area being removed shall not contain other critical natural resource areas or act as a buffer for those areas, such as native trees or prairie remnants.

         (5)   Impact. To meet the goal of no net-loss of wetlands in Story County, impact to delineated wetlands, including, but not limited to, grading and earth disturbance, construction, vegetation removal, and vehicle or heavy machinery movement, shall be limited to the following when permitted based on the wetland class: management activities necessary for restoration and maintenance of the wetland; infrastructure necessary for access to a property, such as drive entrances and access roads; and rural water lines, gas lines, or other public utilities. These impacts shall be the minimum necessary to accomplish the needs of the infrastructure project or utility installation. Wetlands shall not be used for stormwater retention or detention basins. If impacts are permitted, the applicant shall provide a written statement from the U.S. Army Corps of Engineers stating that development fully complies with all applicable federal wetland regulation as established in the Clean Water Act.

            a.   Class 1 Wetlands. Shall not be impacted for any purpose other than public infrastructure projects.

            b.   Class 2 and Class 3 Wetlands. Impact shall only be allowed when the impacts are strictly for the infrastructure and utility installation listed in 88.05(1)(C)(5). The applicant shall demonstrate that avoiding and minimizing the impact to a wetland is unreasonable and that siting said infrastructure in other locations is infeasible.

         (6)   Compensatory Mitigation. Compensatory mitigation is required for any delineated wetland impact that equals or exceeds one tenth (0.10) of an acre. The following mitigation standards shall be required in addition to those general standards in Chapter 88.05(1)(A):

            a.   Mitigation areas for wetlands shall be located in the same HUC-12 subwatershed as the original wetland. If that is shown to be infeasible, then the same HUC-10 could be used upon extenuating circumstances and with approval as part of the mitigation plan.

            b.   For mitigation areas preserving existing wetlands off-site, wetlands shall be preserved at a ratio of 1:1. For mitigation areas reconstructing or creating wetlands, wetlands shall be replaced at a ratio of 2:1. For mitigation areas restoring previously drained or impacted wetlands, wetlands shall be restored at a ratio of 2:1.

            c.   Story County Conservation shall approve of all seeds used in the mitigation area prior to planting. No invasive or foreign species shall be planted in the mitigation area.

         (7)   Restoration. Restoration to improve the wetland’s function, including removal of invasive species and drain tiles, reseeding and planting, restoring the vegetative buffer around the wetland area, and placing the area in a conservation easement that includes provisions for ongoing maintenance, may be required as a condition of the applicable permit for the development. When the wetland in question is a farmed wetland and commercial or residential development is proposed, restoration of the farmed wetland shall be required.

      D.   Requirements for Watercourses and Waterbodies. Watercourses and waterbodies are areas that store and/or convey surface water, including but not limited to rivers, streams, creeks, drainageways, ponds, and lakes. These areas provide floodwater conveyance and storage, and their riparian areas improve water quality. Additionally, they provide habitat and recreational opportunities. The requirements of this section shall be in addition to the applicant’s obligation to satisfy all other applicable local, state, or federal regulations and permits.

         (1)   Applicability. The provisions within this section apply to all zoning and grading permits, conditional use permits, commercial site plans, and subdivisions with two (2) or more development lots. These shall be hereinafter referred to as “development.”

         (2)   Identification. The existence of watercourses and waterbodies shall be identified or ruled out in accordance with the following procedures:

            a.   Use of Story County Countywide Watershed Assessment maps, critical resource area maps, or FEMA Flood Insurance Rate Maps (FIRMs) may be used to identify or rule out the existence of watercourses and waterbodies.

         (3)   Implementation. If watercourses or waterbodies are located on the site, the proposed use and development shall comply with the following:

            a.   Buffering. An undisturbed buffer shall be provided in accordance to the following requirements:

               i.   Rivers and streams within the Special Flood Hazard Area (SFHA) for which no floodway is identified on the effective Flood Insurance Rate Map (FIRM) shall require a minimum 50-foot undisturbed buffer on each side of the stream’s belt width, which is the stream flows measured between the outsides of opposing meander bends. (See Figure 2)

               ii.   Rivers and streams within the SFHA for which floodway is identified on effective FIRM maps shall require a minimum 75-foot undisturbed buffer on each side of the floodway boundary, measured from the edge of the floodway boundary, or the belt width as described for streams with no floodway, whichever creates the largest stream buffer.

               iii.   Other mapped watercourses and surface waterbodies not within the SFHA shall have an undisturbed buffer 50 feet in width, measured from the edge of the watercourse or surface waterbody.

               iv.   The buffer size shall be required to be increased to cover the entirety of a riverine wetland, including a buffer in accordance with Section 88.05(1)(C)(4), wetland buffers by class.

Figure 2

            b.   Permitted Uses. The following uses are permitted in a required buffer zone or easement area:

               i.   Agricultural uses, such as grazing and fencing

               ii.   Legal, nonconforming uses

               iii.   Minor land-disturbing activities for erosion control and bank stabilization, desilting of waterbodies, or revegetation

               iv.   A perpendicular stream crossing by a driveway, street, or utility lines

               v.   A street or driveway where buffer intrusion is the only option to provide access to a property

               vi.   Paved and unpaved trails and paths for use

               vii.   Public water supply intake or public wastewater outfall structures

               viii.   Public access facilities that must be on the water, including boat ramps, docks, foot trails leading directly to the stream or watercourse, fishing platforms, and overlooks

               ix.   Utility lines and easements running parallel with the stream, except that all easements (permanent and construction) and clearing and grading shall recognize the sensitivity of the streams and use Best Management Practices (BMPs) to limit and repair the disturbance within the buffer area. This includes such impervious cover as necessary for the operation and maintenance of the utility, including but not limited to manholes, vents, and valve structures.

         (4)   Impact. Development shall be designed to avoid and minimize impact to all streams and watercourses. Development in the floodplain is discouraged. Watercourse alterations or relocations (channel changes and modifications) or any proposed development in the floodplain shall be in accordance with Chapter 80 Floodplain Management Program of the Story County Code of Ordinances or other State or Federal requirements. Only the following types of development shall be permitted to encroach on a required buffer: management activities necessary for restoration and maintenance of the stream or watercourse; infrastructure necessary for access to a property, such as drive entrances and access roads; and rural water lines, gas lines, or other public utilities. These impacts shall be the minimum necessary to accomplish the needs of the infrastructure project or utility installation.

         (5)   Restoration. Restoration to improve riparian buffer areas along watercourses and waterbodies, including removal of invasive species and drain tiles, reseeding and planting, restoring the riparian buffer, and placing the area in a conservation easement that includes provisions for ongoing maintenance, may be required as a condition of a rezoning, conditional use permit, commercial site plan, and/or subdivision with more than two development lots.

      E.   Requirements for Prairie Remnants and Savanna Remnants. Prairie remnants are characterized by areas containing an association of native grasses, sedges, and forbs. Savanna remnants are characterized by a mixed association of native trees and shrubs in grassland and forbs. The native trees are open grown and are frequently oaks and hickories. Prairie remnants and savanna remnants provide habitat to Story County’s wildlife species and pollinators, reduce soil erosion, and improve water quality through infiltration. Determination of prairie remnants and savanna remnants shall be made by a qualified professional.

         (1)   Applicability. The provisions within this section shall be applicable to all proposed rezonings, conditional use permits, commercial site plans, and subdivisions with more than two (2) development lots. These shall be hereinafter referred to as “development.” Zoning permits and grading permits on subdivision lots established before the adoption of this ordinance, or on unplatted parcels or tracts, are exempt. The provisions do not apply to general tree/shrub management, i.e. thinning of trees or removal of invasive or dead/dying trees not associated with or intended to facilitate development.

         (2)   Identification. When an application for development is received, identification of prairie remnants and/or savanna remnants shall be made in accordance with the following procedures:

            a.   Review of critical natural areas mapping.

            b.   Use of historic aerial photographs to determine cropping history of the property. Unplowed or uncropped prairies and savannas shall be considered remnants.

            c.   If the above procedures do not definitively rule out a prairie remnant or savanna remnant, a qualified professional shall complete an on-site assessment during the prairie growing season, between June 15th and August 15th. A prairie remnant and savanna remnant may only be identified by the flora present, not soil type. For savanna remnants, large (greater than eighteen (18) inches diameter breast height), open grown, native trees, such as Oak or Hickory, must be present.

         (3)   Prairie Remnant and/or Savanna Remnant Delineation Required. If development is proposed within one hundred fifty (150) feet of a prairie remnant and/or savanna remnant, the full extent of the remnant shall be delineated by a qualified professional such as a biologist or ecologist. The delineation shall be completed at the applicant’s expense.

            a.   Restoration Recommendations. The delineation shall also include recommendations to improve the prairie remnant and/or savanna remnant, including removal of invasive species, reseeding and planting, ongoing maintenance recommendations, and restoring and/or creating a vegetative buffer around the remnant.

         (4)   Implementation. After delineation of a prairie remnant and/or savanna remnant, the proposed use or development shall comply with the following standards:

            a.   Buffering. A one-hundred (100) foot vegetated buffer is required around all delineated prairie remnant and savanna remnant, following the delineation’s restoration recommendations.

            b.   Buffer Reduction. The Story County Conservation Board may make recommendations to the Board of Supervisors regarding reductions in required buffer sizes. The Board of Supervisors may approve plans where the required buffer is reduced in size by no more than (50) percent of the required buffer width when sufficient protective measures are in place to identify and protect a prairie remnant and/or savanna remnant from impacts, such as fencing or subdrains installed by a developer. The reduction in buffer size may not result in any impacts to:

               i.   Species listed by the federal or state government as endangered or threatened, or critical or outstanding natural habitat for those species; or

               ii.   Diverse plant associations of infrequent occurrence or of regional significance; or

               iii.   The function or health of the prairie remnant and/or savanna remnant, including ensuring a sufficient vegetated area around the prairie remnant and/or savanna remnant to filter pollutants or slow surface runoff; and

               iv.   The area being removed shall not contain other critical natural resource areas or act as a buffer for those areas, such as native trees or wetlands.

         (5)   Impact. Impact to delineated prairie remnant and savanna remnant, including, but not limited to, grading and earth disturbance, construction, vegetation removal, and vehicle or heavy machinery movement, shall be limited to the following: management activities necessary for restoration and maintenance of the remnant; and rural water lines, gas lines, or other public utilities. These impacts shall be the minimum disturbance necessary to accomplish the needs of the infrastructure project or utility installation. Trenchless construction methods may be required.

         (6)   Mitigation. The following mitigation standards shall be required in addition to those general standards in Chapter 88.05(1)(A).

            a.   In cases where delineated prairie remnant and/or savanna remnant exists on the site and impact to the prairie remnant and/or savanna remnant is allowed as outlined in 88.05(1)(E)(5), the following mitigation procedures shall be required. In all instances, impacted prairie shall be mitigated with prairie, and impacted savanna shall be mitigated with savanna:

               i.   For mitigation areas preserving existing prairie and/or savanna off-site, prairies and/or savannas shall be preserved at a ratio of 1:1. For mitigation areas reconstructing or creating prairie and/or savanna, prairie and/or savanna shall be replaced at a ratio of 2:1.

               ii.   Story County Conservation shall approve of all seeds, plugs, and species used in the mitigation area prior to planting. The seed mix shall be equivalent to the Natural Resources Conservation Service CP42 pollinator mix or another Story County Conservation approved planting plan, with local ecotype seed only, and a ratio of 10 grass seeds to 30 forb seeds per square foot.

         (7)   Restoration. Restoration to improve the prairie remnant and/or savanna remnant, including removal of invasive species, reseeding and planting, restoring the vegetative buffer around the remnant, and placing the area in a conservation easement that includes provisions for ongoing maintenance, may be required as a condition of the applicable permit or rezoning for the development.

      F.   Requirements for Archaeological Resources. Those areas containing significant sites of archaeological resources, such as Native American mounds and burial sites, which contain material remains of past human life or of archaeological interest. The requirements of this section shall be in addition to the applicant’s obligation to satisfy all other applicable local, state, or federal regulations and permits.

         (1)   Applicability. The provisions within this section shall be applicable to all proposed commercial and industrial development and site plans, subdivisions with more than two (2) development lots, rezonings, and conditional use permits within six-hundred fifty (650) feet of a stream.

         (2)   Identification. An archaeological assessment shall be conducted for the entire property to determine whether burial sites and Native American mounds exist on site, in accordance to the following procedures:

            a.   The applicant shall conduct a search of the Iowa Site File for archaeological sites recorded within a one-mile radius of the proposed development through the University of Iowa Office of the State Archaeologist (OSA). The applicant shall indicate in their request to the OSA that the search is required to comply with the Story County Land Development Regulations Chapter 88.05 Environmental and Natural Resource Standards. The OSA report will identify and evaluate known surveys and archaeological resources and include recommendations for further archaeological investigations.

            b.   If OSA does not recommend an archaeological survey, written notice as such from the OSA will suffice for completing this requirement.

            c.   If OSA recommends an archaeological survey, the applicant shall engage a qualified consultant from the Association of Iowa Archaeologists (AIA) Consultants List to complete the survey.

            d.   The consultant shall provide an electronic report of the survey to the Planning and Development Director and OSA. OSA may review the report to determine its adequacy using standard AIA guidelines. The report shall include recommendations regarding further archaeological investigations and appropriate research questions to assist in the event of mitigation.

         (3)   Implementation. If burial sites and/or Native American mounds are found on site, the applicant shall proceed in accordance with the following:

            a.   Buffering. A buffer zone shall be established that measures one hundred (100) feet, or as requested by Native American Nations (or other appropriate descendent communities) around the burial site and/or Native American mounds.

         (4)   Impact. The critical area and its buffer area shall be left undisturbed except for non-invasive/non-ground-disturbing management practices.

         (5)   Mitigation. The following mitigation standards shall be required in addition to those general standards in Chapter 88.05(1)(A).

            a.   Disturbance to the buffer area and/or reduction in buffer size shall only be permitted after recommendation from OSA, which may include consultation between Native American Nations (or other appropriate descendent communities), OSA, the State Historic Preservation Office, the Planning and Development Director, and funding agencies involved to determine mitigation measures.

            b.   A programmatic agreement or memorandum of understanding or agreement (MOA) or other appropriate protection measures may be developed as part of the recommendation.

   2.   Common Open Space Requirement. In all major subdivisions of 10 development lots or more there shall be a minimum of 15 percent of the subdivision dedicated or reserved as common open space, as defined in Section 85.08, Definitions.

      A.   Common open space shall be clearly designated on plans and shall not include:

         (1)   Areas reserved for the exclusive use or benefit of an individual tenant or owner.

         (2)   Dedicated streets, alleys, and other public rights-of-way.

         (3)   Vehicular drives, parking, loading, and storage areas.

      B.   Suitable provisions for maintenance and upkeep of common open space shall be provided through a homeowners association, deed covenants, or through other similar provisions as approved by the Board of Supervisors.

   3.   Construction Site Erosion and Sediment Control. Sedimentation and erosion pollute water, degrade land, cause the loss of native vegetation and habitats, and impair drainage. Development activities cause land to become susceptible to erosion and sedimentation by wind and water. The following requirements shall apply to development and land disturbance activities in Story County to mitigate the impacts of erosion and sedimentation, protect public and private property, and to protect natural resources and preserve their functions.

      A.   All development shall submit the following information in addition to other applicable development permit applications or, if no development permits are applicable, a grading permit and the following information. Any development that disturbs one or more acres is required to also obtain a National Pollutant Discharge Elimination System (NPDES) Permit from the Iowa Department of Natural Resources. The Stormwater Pollution Prevention Plan (SWPPP) shall be submitted to the Planning and Development Department as part of a permit or development application submittal.

         (1)   A site plan showing the area to be disturbed, any slopes, watercourses, floodplain, other features prone to erosion, and the location of Erosion and Sediment Control Best Management Practices (BMPs) selected to meet the requirements of this Chapter;

         (2)   Other information necessary to illustrate conformance with the Erosion and Sediment Control Requirements in this Chapter including a construction/grading schedule and schedule for the installation of erosion and sediment control BMPs. For example, a schedule of when grading will occur and when temporary erosion control BMPs will be installed or a schedule of staging activities.

         (3)   The party responsible for maintenance and their contact information if different from the property owner or permit applicant.

      B.   Erosion and Sediment Control Requirements.

         (1)   General Requirements. The following requirements apply to all developments required to submit information on Erosion and Sediment Control in accordance with this Chapter.

            a.   Erosion and sediment control BMPs shall be installed following the Iowa Statewide Urban Design and Specifications (SUDAS) Design Manual and Standards Manual or other professionally accepted design criteria.

            b.   Maintenance of erosion and sediment control BMPs shall occur to keep the BMPs functioning in an effective manner.

            c.   Minimize Disturbed Area.

               i.   The area of land to be disturbed shall be minimized and staging shall be used to minimize the area disturbed at a given time, as practical. The limits of the development including staging and equipment storage areas shall be delineated/flagged/fenced on the site to protect areas that are not proposed to be disturbed.

               ii.   Natural plant covering shall be retained and protected to the maximum extent practicable and as consistent with developing the site.

            d.   Stabilize Disturbed Areas.

               i.   Final stabilization of disturbed areas shall, at a minimum, be initiated immediately whenever any clearing, grading, excavating or other earth disturbing activities have permanently ceased on any portion of the site. If final stabilization cannot occur due to the time of year or weather conditions based on SUDAS specifications for a practice, temporary stabilization shall be immediately initiated until such time final stabilization may be completed. final stabilization BMPs may include seeding and sodding.

               ii.   Temporary stabilization shall, at a minimum, be initiated on all disturbed areas, including stockpiles, whenever any clearing, grading, excavating or other earth disturbing activities have temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. Temporary erosion control stabilization BMPs may include temporary seeding, geotextiles, mulches, vegetative filter strips.

         (2)   Requirements for Sites with Sensitive Features. The following requirements apply to all developments required to submit information on Erosion and Sediment Control in accordance with this Chapter where watercourses, floodplain, slopes, or other features prone to erosion are proposed to be disturbed or where work may affect adjacent properties.

            a.   Development in the floodplain is discouraged. Any proposed development in the floodplain shall be done in accordance with the adopted Floodplain Management Ordinance (codified in Chapter 80 of this Code of Ordinances) or other State or Federal requirements.

            b.   Perimeter sediment control BMPs shall be in place prior to disturbing activities when the disturbed areas are above or on a slope to site borders, watercourse, or environmentally sensitive areas. Perimeter sediment control BMPs may be removed after final stabilization of the area above the BMP. The timing and/or installation of the perimeter control installations may be adjusted to accommodate short-term activities such as the passage of vehicles or to accommodate disturbing activities required to install the controls. Perimeter sediment control BMPs may include filter berms, filter socks, wattles, temporary earth diversion structures, vegetative filter strips, and silt fences.

            c.   On steep or lengthy slopes or for construction sites that show signs of concentrated flows, additional erosion and sediment control BMPs may be required. These practices may include silt fence, filter berms, filter socks, or other flow diversion and flow control BMPs to reduce the amount or velocity of flow a disturbed area receives. Follow the design considerations for a practice in SUDAS.

         (3)   Requirements for Treatment of Topsoil. The following requirements apply to all developments required to submit information on Erosion and Sediment Control in accordance with this Chapter where topsoil is stripped or otherwise disturbed and its removal and/or disturbance is not required for the function of the proposed project.

            a.   Practices to reduce compaction including reducing passes made over an area with heavy equipment and not using heavy equipment when soil is wet shall be used.

            b.   Topsoil that is removed but may be used for restoration after development activities cease shall be preserved on-site where possible. Topsoil shall be respread or restored to create a healthy soil profile following the methods for Soil Quality Management and Restoration in the Iowa Stormwater Management Manual or other professionally accepted methods.

         (4)   Construction Site Standards. The following requirements apply to all developments required to submit information on Erosion and Sediment Control in accordance with this Chapter where the site does not have an existing stabilized entrance or where a concrete truck will be used.

            a.   A stabilized entrance shall be designed to minimize tracking of sediment or other debris off the site and/or in the road right-of-way and shall be installed prior to land disturbing activities.

            b.   Concrete waste must be contained in washout areas installed following SUDAS or other professionally accepted design criteria.

      C.   Inspections and Responsibility.

         (1)   In no instance shall acceptance of the Erosion and Sediment Control plans and/or approval of the grading permit by Story County be construed as approval of the design, construction, or concurrence by Story County that all criteria have been satisfied. Story County shall not be liable for any damages resulting from erosion and sedimentation.

         (2)   An inspection for compliance with submitted erosion and sediment control plans and requirements of this Chapter shall be conducted by Planning and Development Staff as part of the required foundation location inspection for a zoning permit or if no development permits are applicable, as part of the grading permit and corresponding inspection after BMPs have been installed but prior to the commencement of land disturbing activities.

         (3)   Temporary erosion and sediment controls shall not be removed until the Planning and Development Staff have determined that the site has been permanently stabilized through a final inspection for a zoning permit, or if no zoning permit is required, an inspection once final stabilization is completed.

         (4)   The applicant or owner of the site agree to provide for access to the BMP and the land it serves at reasonable times for periodic inspection by County or County’s designee to ensure that the BMP is maintained in proper working condition to the requirements of this Chapter.

         (5)   Any amendments or changes to the submitted Grading Permit or Erosion and Sediment Control information shall be communicated to the Planning and Development Department and submitted prior to their implementation on-site. All amendments shall comply with the requirements for Erosion and Sediment Control in this Chapter.

         (6)   If a responsible party fails or refuses to meet the requirements of the approved plan or any provision of this ordinance or in the event that the erosion or sediment control BMP becomes a danger to public safety or public health, the County shall notify the party responsible for maintenance of the erosion or sediment control BMP in writing following the procedure for Notice of Violations in Chapter 93 of the Story County Land Development Regulations. Depending on the severity of the violation, the permitted timeframe to submit a compliance schedule may be reduced. If the violator does not correct/abate the violation or provide an acceptable schedule to correct/abate the violation or does not comply with the schedule, a citation for a County infraction may be issued in accordance with Chapter 93 of the Story County Land Development Regulations.

      D.   Exemptions. The following exemptions to the Erosion and Sediment Control requirements may apply; however, such uses shall not be exempt from adopted Floodplain Management Ordinance (codified in Chapter 80 of this Code of Ordinances) or other State or Federal requirements.

         (1)   Agricultural. Except to the extent required to implement Section 335.2, Code of Iowa, as amended, the grading permit application and Erosion and Sediment Control requirements shall not apply to development that is primarily adapted, by reason of nature or area, for use for agricultural purposes, while so used.

   4.   Post-Construction Stormwater Management. Stormwater runoff increases nonpoint source pollution, flooding, siltation, stream temperatures, and streambank erosion. The following requirements shall apply to development in Story County to ensure site design minimizes the generation of stormwater runoff and maximizes pervious areas, provide a single, consistent set of performance goals that apply to all developments, protect functional values of all types of natural watercourses, protect life and property from dangers associated with flooding, maintain existing flow patterns, and promote infiltration and recharge of groundwater.

      A.   Development that meets any of the following thresholds shall be required to submit a Stormwater Management Plan, in addition to other applicable development permit applications, prior to commencing development activities:

         (1)   Development, including common development, that disturbs an area one-acre or greater in size.

         (2)   Development that will result in the division of land into more than four development lots.

      B.   Criteria for Stormwater Management. Developments required to submit a Stormwater Management Plan shall be designed, constructed, and maintained to achieve the purposes of this Ordinance, as stated above, and to prevent flooding, minimize stream channel impacts, and protect water quality in accordance with the following criteria for stormwater management. See the Iowa Stormwater Management Manual for details on the calculation of the criteria. LID practices shall be used where possible to meet stormwater management criteria and in the design of a development.

         (1)   The site shall be designed to manage the water quality volume of a rainfall depth of 1.25 inches and to manage corresponding recharge volume through infiltration practices.

         (2)   To protect stream channels, the site shall be designed to provide 24-hours of extended detention of the channel protection volume determined for the 1 year, 24-hour storm.

         (3)   Stormwater management shall be provided to limit the post development rate of runoff from the site area during the 5-year through the 100-year, 24 hour storm events to the lesser of the following values: runoff rates equivalent to those from a storm event of the same intensity and duration based on pre-settlement conditions or runoff rates equivalent to those from the 5 year storm event based on conditions which exist as of the date of the proposed improvement plans (row crop agriculture cover, contoured in good condition and surface soil types as identified from County Soil Maps; unless otherwise approved).

      C.   Contents of the Stormwater Management Plan. The Stormwater Management Plan shall include a site plan, narrative, and other attachments necessary to illustrate how runoff and associated water quality impacts resulting from the development is proposed to be managed meeting the requirements of this Chapter and following the Iowa Stormwater Management Manual or other professionally accepted BMPs and/or through LID practices. It shall also:

         (1)   Be signed and certified by an Iowa licensed professional engineer (PE).

         (2)   Identify pre-development and post-development land use, including on and off-site features that may affect or be impacted by the stormwater management requirements for the development. Features may include:

            a.   Proposed and existing site improvements including lot divisions, building footprints, easements, and other impervious surfaces or areas of land disturbance.

            b.   Pre-developed land use and soil conditions including coverage, soil type, and Hydrologic Soil Group (HSG). If a geotechnical study of the site is used to determine HSG, provide boring logs and locations. If a soil survey is used to determine HSG, cite it and provide a copy of the area of interest map with HSGs.

            c.   Existing site topography with contours at two-foot intervals. Light Detection and Ranging (LIDAR) contour maps may be requested from the Story County Planning and Development Department or a survey of the site's topography may be completed and submitted to determine slopes.

            d.   Natural and artificial watercourses, wetlands, floodplains, lakes, existing stormwater storage facilities, woodlands, native vegetation, or other natural resources.

            e.   Proposed or existing drinking water wells, septic systems/drain fields, public wellheads and wellhead protection areas, hot spots, and areas with shallow bedrock.

         (3)   Identify the proposed stormwater management BMPs or LID practices selected for the site, their location, landscaping and stabilization to prevent their impairment, and any hydrologic and hydraulic design calculations and summaries/descriptions to show that the proposed BMPs are capable of achieving the criteria for stormwater management in Section 88.05(5)(B) and that they are designed in accordance with the Iowa Stormwater Management Manual. These may include, as applicable:

            a.   Impervious area (by area and percent of site)

            b.   Soil Curve Numbers or runoff coefficients

            c.   Times of concentration

            d.   Description of the design storm frequency, intensity and duration

            e.   Water quality volume and infiltration calculations

            f.   Channel protection volume calculations

            g.   Detention basin design calculations, runoff rates, volumes, water surface elevations, and data on the increase in rate and volume of runoff for the design storms referenced in the Iowa Stormwater Management Manual and stormwater management criteria

            h.   Peak runoff rates and total runoff volumes for each watershed area

            i.   Other design calculations for culverts, open channels, storm sewers, and intakes

            j.   Documentation of sources for all computation methods and field test results.

         (4)   Describe the maintenance procedures required for each selected practice and the party responsible for maintenance and their contact information if different from the property owner or permit applicant. Such maintenance procedures shall keep the stormwater management BMPs or LID practices functioning in an effective manner.

      D.   Inspections and Responsibility.

         (1)   In no instance shall the acceptance of the Stormwater Management Plan by Story County be construed as approval of the design, design methods, design calculations, detention facilities plan, construction, or concurrence by Story County that all design criteria have been satisfied. Story County shall not be liable for damages resulting from stormwater runoff or discharge of stormwater detention facilities.

         (2)   An inspection for compliance with submitted Stormwater Management Plan shall be conducted by Planning and Development Staff as part of the required final inspection for a zoning permit or if no zoning permit is required after BMPs have been installed.

         (3)   The applicant or owner of the site agree to provide for access to the BMP and the land it serves at reasonable times for periodic inspection by County or County's designee to ensure that the BMP is maintained in proper working condition to the requirements of this Chapter.

         (4)   Any amendments or changes to a Stormwater Management Plan shall be communicated to the Planning and Development and submitted as part of an amended plan to prior to their implementation on-site. All amendments shall comply with the requirements of this Chapter.

         (5)   If a responsible party fails or refuses to meet the requirements of the approved plan or any provision of this ordinance or in the event that the stormwater management BMP becomes a danger to public safety or public health, the County shall notify the party responsible for maintenance of the stormwater management BMP in writing following the procedure for Notice of Violations in Chapter 93 of the Story County Land Development Regulations. If the violator does not correct/abate the violation or provide an acceptable schedule to correct/abate the violation or does not comply with the schedule, a citation for a County infraction may be issued in accordance with Chapter 93 of the Story County Land Development Regulations.

      E.   Exemptions. The following exemptions to the Stormwater Management Plan requirement may apply; however, such uses shall not be exempt from adopted Floodplain Management Ordinance (codified in Chapter 80 of this Code of Ordinances) or other State or Federal requirements.

         (1)   Agricultural. Except to the extent required to implement Section 335.2, Code of Iowa, as amended, the Stormwater Management Plan requirement shall not apply to development that is primarily adapted, by reason of nature or area, for use for agricultural purposes, while so used.

         (2)   County, State, or Federal Government. County, state, or federal governments shall not be required to submit a Stormwater Management Plan for the maintenance and/or construction of county roads and public road right-of-way.

         (3)   Maintenance of Legally Established Development. The maintenance of development that has legally occurred prior to the adoption of this Ordinance (Ord. 285), shall not be counted towards the threshold for submitting a Stormwater Management Plan of one-acre disturbed or one-acre disturbed as part of a common development plan if the footprint of the maintenance work is within or the same area as that previously disturbed.

         (4)   When infiltration is infeasible due to the natural or existing physical characteristics of a site including, but not limited to, if the surface and underlying soils are NRCS Group D or have minimum infiltration rate less than .52 inch/hour, the measured groundwater elevation is less than four feet below the basin invert or infiltration surface, bedrock or impervious soils are less than four feet below the infiltration surface, recommended setbacks from site features (property lines, structures, septic systems, and wells) in the Iowa Stormwater Management Manual cannot be met, or where hotspots or contaminated soil make infiltration-oriented BMPs hazardous, the site shall be designed to provide water quality treatment for the runoff resulting from a rainfall depth of 1.25 inches and alternative practices such as a treatment train, constructed wetlands/wetland forebays, retention ponds/extended detention ponds, filters (sand-peat, underground sand, perimeter sand filter, organic sand, pocket sand filter, gravel, others), grassed/vegetated swales and channels, and vegetated filter strips shall be implemented to the maximum extent practical with the goal of an 80% reduction in of the annual average post-development total suspended soilds (TSS) load. The site limitations shall be identified in the Stormwater Management Plan.

In all districts, no fence, hedge, wall, sign, trees, or other obstruction shall be permitted which obstructs the view of approaching vehicles three and one-half feet above the traveled portion of a roadway within the area of a triangle formed by the center of the intersection and points 150 feet from the center of the intersection when measured along the centerlines of the intersecting roads.

   1.   In any A-1, A-2, A-R, R-1, R-2, and RMH District, on any lot used for residential purposes, fences, and walls not exceeding eight feet in height are permitted within the limits of the side and rear yards. A fence or wall not exceeding four and one-half feet in height is permitted within the limits of the required front yard setback (front setback area). In the case of retaining walls or supporting embankments, the above requirements shall apply to the ground surface of the retained embankment. The maximum height of the fence or wall within the limits of the front yard may be raised to six feet if constructed to be non-view-obscuring (not in excess of 50 percent opacity) when it exceeds four and one-half feet.

   2.   In all other districts, fences and walls are permitted not exceeding eight feet in height within the limits of the yard.

   3.   In all cases, fences shall be constructed with the best side facing the neighboring land user. All structural components shall be located on the inside of the fence.

   4.   In no case shall razor wire, barbed wire, or concertina wire be used for fencing materials in any A-R, R-1, R-2, and RMH District. Fences shall be located within the boundaries of the property and shall be able to be maintained from the same property upon which it is located.

   5.   A fence or wall of at least four feet in height and designed to prevent unintentional access by a child shall enclose all outdoor in-ground swimming pools. Prior to construction, an Application for a Zoning Permit, as defined in Section 92.11, Required Permits, shall be submitted for review and action. Above-ground pools less than four feet in height or with stairways, ladders, or other accesses shall be appropriately secured to prevent unintentional access by a child. A zoning permit is not required for above-ground pools.

   6.   No regulation contained in this section shall apply for fences as governed by Chapter 359A of the Code of Iowa, as amended.

This section is intended to provide standards to ensure well-designed and efficient parking layout and circulation. Parking lots shall conform to the following minimum standards:

   1.   Compliance with Code of Federal Regulations. Accessible parking spaces shall be consistent with the requirements of Chapter I of Title 28 of the Code of Federal Regulations, Part 36, Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities, as amended.

   2.   Locating Near Entrances. All accessible spaces shall be located as close as possible to the nearest accessible building entrance.

   3.   Minimum Number of Accessible Parking Spaces. Each parking lot shall contain at least the minimum specified number of accessible parking spaces as defined in the 2010 American Disability Act (ADA) Standards for Accessible Design, as amended.

   4.   Circulation and Pavement Markings. Parking lots shall provide well-defined circulation routes for vehicles and pedestrians. All parking spaces shall be clearly marked. Appropriately placed pavement markings shall be employed where necessary to guide internal circulation and traffic ingress and egress. Parking lots and parking spaces may be defined with railroad ties, raised concrete strips, reflective raised pavement markers, standard "car bumpers", and/or landscaping.

   5.   Perpendicular Parking Bays. Parking bays shall be perpendicular to the land uses they serve to the maximum extent feasible.

   6.   Pedestrian Walkways. Commercial parking lots shall include walkways that are located in places that are logical and convenient for pedestrians.

   7.   Mitigating Impacts from Deliveries and/or Truck Traffic. All developments that anticipate deliveries and/or truck traffic that may adversely affect adjacent property owners by creating noise, dust or odor problems shall avoid or mitigate those impacts either through physical design or operational procedures.

   8.   Loading Zones and Service Areas. Where applicable, loading zones and service areas shall be adequately sized to accommodate the types of vehicles that use them.

   9.   Off-Street Loading Areas. In any district in connection with every building or part thereof hereafter erected having a gross floor area of 6,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building at least one off-street loading space, plus one additional such loading space for each 20,000 square feet or major fraction thereof of gross floor area so used in excess of 10,000 square feet.

      A.   Each loading stall shall not be less than 12 feet in width and 40 feet in length.

      B.   Such space may not occupy all or any part of a required yard or open space. When adjacent to a residential district or residential use, it shall be set back 10 feet and screened from adjacent property by a planting screen not less than 10 feet in width and six feet in height or by a fence, wall, berm, or other comparable means.

   10.   Distances from Property Lines and Right-of-Way. Driveways and parking spaces shall be at least five feet from the property line of any abutting property or road right-of-way (excluding a lot line between buildings or uses with shared parking). Driveways shall be located at least 50 feet from the intersection of two roads right-of-way or so far as is practical.

   11.   Parking Lot Landscaping. All parking lots shall be landscaped in accordance with the requirements of Section 88.11 of this chapter.

   12.   Parking Stall Guidelines. Parking areas for automobiles shall meet the standards for standard and compact vehicles as shown on Table 88-4.

   13.   Maximum Parking Ratios by Type of Use. Uses shall not exceed the number of off-street parking spaces as defined on Table 88-5. In all cases, the minimum required accessible parking spaces as defined in the 2010 American Disability Act (ADA) Standards for Accessible Design, as amended, shall be provided.

 

 

   1.   This section addresses the quality and quantity of lighting associated with proposed developments.

   2.   All outdoor lighting shall be in conformance with the requirements established herein except those specifically exempted herein.

      A.   Any luminaire with a lamp rated at more than 1,800 lumens shall not emit, in its installed position, any direct light above a horizontal plane through the lowest direct light emitting part of the luminaire.

      B.   Lighting of construction projects and outdoor recreational facilities (public or private), including, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, swimming pools, special event or show areas, shall meet the following conditions:

         (1)   All fixtures used for such lighting shall be fully shielded or be designed or provided with sharp cut-off capability, so as to minimize up-light, spill-light, and glare.

         (2)   Illumination of the playing field, court, track, pool, or event site, after midnight is prohibited except to conclude a scheduled event that was scheduled to be completed before 11:00 p.m. that circumstances prevented concluding before 11:00 p.m.

         (3)   Temporary outdoor light fixtures for uses incidental to construction work shall only be illuminated when construction work is occurring and removed upon completion or abandonment of the construction work.

      C.   The use of laser source light or any similar high intensity light for outdoor advertising or entertainment when projected above the horizontal plane is prohibited.

      D.   The operation of searchlights for advertising purposes is prohibited.

      E.   Legally established nonconforming luminaries may be replaced with a like kind of luminaire unless more than 50 percent of the like kind of luminaires on the same premises are being replaced.

      F.   All nonexempt outdoor light fixtures shall be designed, installed, and maintained to prevent light trespass and/or mitigate light pollution. Outdoor light fixtures shall be installed and thereafter maintained so as not to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby properties and/or land, or rights-of-way. If such condition should occur, the luminaire shall be redirected or its light output shall be controlled as necessary to eliminate such condition.

   3.   Exempted Light Sources. The following are exempted from this section:

      A.   Any light source producing 1,800 lumens or less;

      B.   All temporary emergency lighting needed by emergency services, as well as all vehicular luminaries;

      C.   All hazard warning luminaires required by Federal regulatory agencies;

      D.   A building or structure that has been designated for historic preservation by the State of Iowa, or the National Park Service, shall be exempt from the "fully shielded" requirements, if a historic restoration cannot be achieved by other means.

   1.   Loading docks, truck parking, outside storage, shipping containers, trash collection, utility meters, HVAC equipment, mechanical equipment, material and equipment storage yards and other service functions located in the C-LI Commercial/Light Industrial or HI Heavy Industrial Districts or permitted by a home business or conditional use permit shall be incorporated into the overall design and landscaping or be screened from view by a screening fence at least 75 percent opaque or compact hedge of sufficient height and density to screen the view at maturity or within three years, whichever is first, so that the visual and acoustical impacts of these functions are fully contained and out of view from adjacent properties and public streets.

   2.   Rooftop mechanical units, flues, and vents shall be organized and screened so as to not be visible from adjacent properties and public streets.

   1.   Minimum Landscaping. An area equivalent to at least 20 percent impervious surface of a property to be developed (excluding single-family and two-family dwellings) shall be planted as landscaped areas. The landscaped areas shall be designed and placed so as to achieve the maximum capture and filtration of storm water originating from the property.

   2.   Parking Lot Landscaping. Parking lots of more than five spaces shall plant live trees within and on the perimeter of the parking lots at the minimum ratio of one tree for every five parking spaces or fraction thereof. Canopy tree cover established on site shall be designed and planted in a manner that generally achieves a minimum of 50 percent coverage of paved surface at maturity.

Frontage road easements of 50 feet plus a buffer strip of 10 feet and a frontage road with shared entrances shall be provided whenever two or more permitted uses exist on abutting lots or within 1,320 feet of each other when property is zoned A-2, Agribusiness, C-LI, Commercial/Light Industrial, or HI, Heavy Industrial. Frontage road access points shall occur at intervals of not less than 1,320 feet or four per mile. These requirements may be waived at the discretion of the Story County Engineer if predicted traffic volumes associated with existing and proposed land uses do not indicate declines in existing level of service standards.

   1.   Purpose.

      A.   To allow Story County to determine the safety and congestion impacts, and related consequences, of proposed major traffic generating uses;

      B.   To require that applicants respond with reasonable proposals to resolve potential negative traffic impacts that their proposed uses will have on the county and other nearby streets;

      C.   To recognize that sufficient federal, state and county funds are not always available to resolve traffic issues caused by private development;

      D.   To assist in carrying out Chapter 5, Land Use, and Chapter 7, Transportation, of the Story County Cornerstone to Capstone (C2C) Comprehensive Plan and the Story County Land Development Regulations;

      E.   To ensure that county roads bordering a subdivision or land development are coordinated and of such widths, grades, and surface types and in such locations as deemed necessary to accommodate proposed traffic and to facilitate adequate safety protection;

      F.   To assist the Story County Engineer in evaluating existing county roads in the vicinity of proposed subdivisions and other land development for traffic levels, future capacity, road conditions, and needed transportation improvements;

      G.   To ensure that the access into and out of subdivisions and other land developments is reasonably safe; and

      H.   To assist in assuring all new transportation systems will be compatible with the existing county transportation network to promote efficiency and safety.

   2.   Administration.

      A.   A Traffic Impact Analysis is required for all proposed commercial or industrial development (as defined in Chapter 88.01 General Regulations) including those requiring a conditional use permit and for major residential subdivisions (as defined in Chapter 87.09 Major Subdivision Plats) when a proposed development will generate equal to or greater than 100 new vehicle trips per day. The Traffic Impact Analysis shall be submitted with the application. The Story County Engineer may require a Traffic Impact Analysis when less than 100 new vehicle trips per day will be generated if there are safety or roadway/intersection capacity deficiencies or when two or more proposed developments will generate equal to or greater than 100 new vehicle trips per day.

      B.   A Traffic Impact Study may be required by the Story County Engineer, Board of Supervisors, or Board of Adjustment, based on the results of the traffic impact analysis, including impacts of the development on roadway and intersection operating conditions, levels of service, or due to a high incidence of accidents. If required, the traffic impact study shall be submitted prior to consideration by the Board of Supervisors or Board of Adjustment.

      C.   The Traffic Impact Analysis and/or Traffic Impact Study shall be prepared by an Iowa licensed professional engineer with expertise in the preparation of traffic impact studies.

      D.   The full cost of the Traffic Impact Analysis and/or Traffic Impact Study shall be the applicant's expense.

      E.   Proposed improvements identified in the Traffic Impact Analysis and/or Traffic Impact Study shall be reviewed and evaluated by the Story County Engineer and Board of Supervisors and may be included as a county project with the annual adoption of the Story County Capital Improvements Plan and budget at the discretion of the Board of Supervisors.

      F.   The county may require traffic improvements, including dust control, within or nearby the site to be provided by the applicant, as recommended by the Story County Engineer to the Board of Supervisors, as a specific condition of approval to be paid at the applicant's expense, based on the Traffic Impact Analysis and/or Traffic Impact Study.

      G.   Joint traffic studies between different applicants for related projects are acceptable and are encouraged. When a development is proposed in an area where a Traffic Impact Analysis or Study has been previously completed, Planning and Development staff shall provide the previous analyses and studies to the applicant and/or their engineer. The previous analyses/studies shall be considered as part of the development's Traffic Impact Analysis or Study.

      H.   If phased development is proposed, the Traffic Impact Analysis and/or Traffic Impact Study shall include projections for traffic that will be generated by all phases of development at its completion.

   3.   Contents of the Traffic Impact Analysis.

      A.   The following information shall be required as part of the Traffic Impact Analysis.

         (1)   The analysis shall describe the proposed development, existing land use, and adjacent land uses.

         (2)   The analysis shall show the site location, study area boundary, and other approved and pending developments within the study area. The study area shall include all county roads and intersections within a radius of one-half mile of the site or the nearest major intersection(s) after which the impact of the development is no longer discernible, whichever is greater.

         (3)   The analysis shall determine the existing number of vehicle trips per day and during typical peak hours on county and public streets within the study area.

         (4)   The analysis shall determine the number of vehicle trips per day and during typical peak hours generated by the proposed development. Trip generation rates shall be based on most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual or other professionally accepted source.

         (5)   The analysis shall determine if the existing street conditions and intersections within the study area are adequate and provide safe access and any potential impacts on existing operating conditions, including level of service.

         (6)   The analysis shall provide crash data for all intersections within the study area for the past 10 years, as applicable.

   4.   Contents of the Traffic Impact Study.

      A.   The following information shall be required as part of the Traffic Impact Study. The study shall include a pedestrian safety analysis, and, where appropriate, proposed traffic calming measures. The study area shall include all county and public streets and intersections within a radius of one-half mile of the site or the nearest major intersection(s) after which the impact of the development is no longer discernible, whichever is greater, unless the Story County Board of Supervisors and/or the Story County Engineer determines other parameters to include in the study. Trip generation rates shall be based on most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual or other professionally accepted source.

         (1)   Current and peak hour Average Daily Trips (ADT) and peak hour volumes of streets adjacent to any proposed publicly dedicated streets, intersections, or access drives,

         (2)   Projected ADT of the development,

         (3)   Projected peak AM, PM, and/or weekend traffic volumes of the development,

         (4)   Existing and proposed level of service (LOS), as defined by the Transportation Research Board Highway Capacity manual (most recent edition), of proposed publicly dedicated and existing public streets and intersections within the development and study area,

         (5)   Modal split of services (categories of vehicles) traveling to and from the site,

         (6)   Proposed sight distances at the intersections of existing and proposed publicly dedicated streets, intersections, and/or access drives,

         (7)   Existing and proposed pedestrian paths from streets and within the site to entrances of all buildings, where applicable,

         (8)   Site traffic distribution or the direction vehicles will take to access or leave the project site,

         (9)   Site traffic assignment or the actual routes taken to and from the site,

         (10)   Projected ADT and peak hour volumes of all streets and intersections within the development and study area,

         (11)   An assessment of the change in roadway operating conditions within the study area resulting from the development traffic,

         (12)   Proposed facilities to accommodate mass transit and bicycle access to site, and

         (13)   How the development and its access(es) or operation is consistent with comprehensive and/or transportation plans for the study area.

      B.   It shall also identify improvements/facilities to be installed or actions to be undertaken to ensure the following:

         (1)   LOS C or higher overall for all new publicly dedicated streets, intersections, and access drives,

         (2)   No reduction in the levels of service for existing street, intersections, and access drives, except that LOS D shall be permitted during the AM and PM peak hour,

         (3)   Sight distances for all new publicly dedicated streets and access drives intersecting with all existing streets shall meet Story County and/or Iowa DOT requirements as applicable,

         (4)   If pedestrian paths cross vehicular drives and parking areas within the site, adequate measures to ensure pedestrian safety,

         (5)   Provision of safe pedestrian and bicycle access, and, if feasible, mass transit to the site,

         (6)   Where appropriate, effective traffic calming measures should be outlined,

         (7)   No reduction in the LOS of intersections within the study area as a result of the development; however, if the intersection already has an LOS F, no reduction in the intersection delay shall occur,

         (8)   Where high incidence of accidents for any adjacent intersection exists, safe sight distances, adequate traffic control restrictions, and safe pedestrian crossings for each adjacent impacted intersection,

         (9)   If any proposed intersection or access drive is within one-fourth mile of the property line of any public or private elementary or secondary school, safe pedestrian crossings for all intersections and access drives are provided, and

         (10)   If pedestrian paths cross vehicular drives within the development, adequate points of pedestrian right of-way and traffic flow restrictions as necessary to ensure pedestrian safety.

The applicant for a proposed Minor or Major Subdivision Plat shall be responsible for the installation and/or construction of all improvements required by the Ordinance, and shall warrant the design, materials, and workmanship of such improvements, installation, and construction for a period of two years from and after completion. Such warranty shall be in manner approved by the County Attorney; shall assure the expedient repair or replacement of defective improvements under warranty; and shall indemnify the County from all costs or losses resulting from or contributed to such defective improvements. All plans, specifications, installation, and construction required by the Ordinance shall be subject to review, approval, and inspection by the County Engineer or their authorized representative. Contracts for all public improvements are to be executed on forms approved by the County Attorney and the Board of Supervisors and set forth in a development agreement.

   1.   Construction Schedule. The applicant shall furnish the County Engineer with a construction schedule prior to commencement of any and/or all construction, and shall notify the County Engineer, not less than 48 hours in advance of readiness for required inspection. The applicant shall reimburse the County for the costs expended for all inspection services and tests furnished and conducted by or on behalf of the County.

   2.   Grading in the Right-of-Way. Any grading and improvements within the right-of-way lines shall conform to the standards and specifications contained herein.

   3.   Permanent Monuments. Permanent monuments shall be set at each corner of the perimeter of any subdivision and at the corner of each block within any subdivision and at the corner of each lot. All monuments shall be made of permanent material, sensitive to a dip needle and at least 24 inches long, and shall conform to standard specifications of the County Engineer.

   4.   Installation of Water Mains and Fire Hydrants. In subdivisions including the installation of water mains and fire hydrants in the subdivided area such installation shall be made prior to the street pavement construction, shall be in accordance with the standards and specifications set forth herein and shall provide as follows:

      A.   All subdivisions shall be reviewed by the applicable fire chief; and fire hydrants and/or other fire protection mechanisms, as required by such individual, to serve the subdivision, installed as a part of the improvements established in this chapter.

      B.   A central watertight system providing for the piping of water from said central point in the subdivision to all lots or areas of said subdivision.

      C.   Water mains installed in said central water system shall be extended to all lots or areas of said subdivision in accordance with the provisions of this ordinance, building codes and regulations of the State of Iowa, and Story County; in such location and of a design approved by the Story County Engineer.

      D.   No water mains or lines of the central watertight system or sewer lines, except a stub end from said lines, shall be installed underneath the normal traveled portion of any street. The same to be located in an appropriate place as approved by the County Engineer.

   5.   Street Signs. Street signs shall be required at all intersections, installed by the Story County Engineer, and in accordance with Chapter 32, Road Identification and Address Numbering System.

   6.   Underground Utility Lines. Utility lines, except electric lines of nominal voltage in excess of 15,000 volts, shall be installed underground. The subdivider shall be responsible for making the necessary arrangements with the utility companies for installation of such facilities. Said utility lines shall be installed in such a manner so as not to interfere with other underground utilities. Underground utility lines which cross underneath the right-of-way of any street, alley, or way shall be installed prior to the improvement of any such street, alley or way in the subdivision. Incidental appurtenances, such as transformers and their enclosures, pedestal mounted terminal boxes, meters, and meter cabinets may be placed above ground, but shall be located so as not to be unsightly or hazardous to the public.

   7.   Overhead Utility Lines. If overhead utility lines or wires are required by the electric provider, they shall be placed in the easements provided in the rear of the lots.

Before action on the Major Subdivision Plat - Final Plat or a Minor Subdivision Plat, if improvements are warranted by the Board of Supervisors, the applicant shall enter into a Development Agreement providing for the installation of all improvements in the subdivision required by the Ordinance and shall further provide a reasonable timeframe for completion of all improvements as required by the subdivision. No final plat shall be approved by the Board of Supervisors until such agreement has been fully executed.

The required improvements shall be completed within two years of approval of the final plat by the Board of Supervisors. However, the Board of Supervisors may at any time prior to the specified completion date and upon satisfactory proof of hardship or other compelling reason, grant an extension to the required completion date for an additional period of two years. Approval of such an extension shall be by Resolution of the Board of Supervisors in accordance with the following:

   1.   The subdivider shall submit revised cost estimates for all uncompleted improvements. The revised estimates shall be approved by the County Engineer.

   2.   Financial security shall be posted with the Board of Supervisors. The amount of the financial security shall be 130 percent of the revised estimated cost of the uncompleted improvements.

   3.   Extensions will be granted only with respect to those areas where it can be done without all unreasonably adverse effect on persons who purchased property in the subdivision in reliance on the timely completion of the improvements. All owners of record of lots within the subdivision shall be notified in writing of the date and time of the Board of Supervisors' consideration of the request for extension, and shall be given reasonable time for response.

   1.   Procedure. Alternative plans to those required by this chapter shall be prepared and submitted in accordance with submittal requirements for the defined type of plan or type of application. Each such plan shall clearly identify and discuss the modifications and alternatives proposed to the requirements of this chapter and the ways in which the plan will better accomplish the purposes of the Ordinance and the Cornerstone to Capstone (C2C) Comprehensive Plan than would a plan which complies with the standards of this chapter.

   2.   Review Criteria. In reviewing the proposed alternative plan for purposes of determining whether it accomplishes the purposes of the Ordinance and the Cornerstone to Capstone (C2C) Comprehensive Plan, the following review criteria shall be taken into account in deciding to approve a proposed alternative and whether the plan as proposed accomplishes the purposes of the Ordinance and the Cornerstone to Capstone (C2C) Comprehensive Plan equally well or better than a plan which complies with the standards of this chapter:

      A.   Preserves and incorporates existing vegetation in excess of minimum standards;

      B.   Protects natural areas and features to levels exceeding current requirements;

      C.   Maximizes tree canopy cover;

      D.   Demonstrates innovative design and use of plant materials and other landscape elements;

      E.   Does not detract from continuity, connectivity, and convenient proximity for pedestrians between or among existing or future uses in the vicinity;

      F.   Minimizes the visual and aesthetic impact along the public street by placing parking lots to the rear or along the side of buildings;

      G.   Minimizes the visual and aesthetic impact on the surrounding neighborhood;

      H.   Creates no physical impact on any facilities serving alternative modes of transportation;

      I.   Creates no detrimental impact on natural areas or features;

      J.   Protects natural areas from light intrusion;

      K.   Enhances neighborhood continuity and connectivity;

      L.   Fosters non-vehicular access;

      M.   Demonstrates innovative design and use of fixtures or other elements;

      N.   Incorporates and encourages alternative forms of energy through the design and construction process;

      O.   Incorporates and encourages environmentally preferable products through the design and construction process;

      P.   Incorporates effective energy management strategies through the design and construction process;

      Q.   Enhances local food systems networks; and

      R.   Promotes sustainability and smart growth.

On parcels in zoning districts where non-commercial livestock are permitted, the following standards shall apply, except for in the A-1 Agricultural and A-2 Agribusiness Zoning Districts, which are exempt from these standards:

   1.   Number of Animals per Lot. Non-commercial livestock are limited to the maximum animal densities as shown in Table 88-1. Density ratios shall not exceed the limits of any single category.

 

 

* The keeping of roosters shall be prohibited.

   2.   Juvenile animals. The number of juvenile animals less than six months of age is not limited provided they are offspring to the allowed adult animals.

   3.   Housing of Non-commercial Livestock.

      A.   No structures or housing for large or intermediate animals shall be constructed within fifty (50) feet of property lines. Structures for housing any sized animal shall meet height requirements set forth in the bulk requirements of the applicable zoning districts.

      B.   Non-commercial livestock shall be kept within a pen, coop, building, or other enclosure sufficient in size and strength to confine such animals to the owner's property.

      C.   Non-commercial livestock shall be provided with a covered, predator-resistant shelter that is properly ventilated and designed to be easily accessed, cleaned and maintained.

      D.   During daylight hours, non-commercial livestock shall have access to their shelter.

      E.   Best practices shall be followed for indoor and outdoor enclosure design and type, including for the acceptable amount of square footage per animal to be housed or kept in the enclosure.

      F.   Every person maintaining a pen, coop, building, yard or enclosure for non-commercial livestock shall keep such area clean and sanitary.

      G.   Manure disposal should follow best practices as outlined by Iowa State Extension or other professionally accepted source. Iowa Administrative Code section 567.65.2(3) and 567.65.101(1) shall apply to any discharges to waters of the state, pursuant to the EPA, 40 CFR Part 122.

      H.   All grains used for feed shall be kept in containers that are rodent-proof until put out for consumption. Clean water shall be made available at all times. Hay, alfalfa, or other roughage types of feed shall be kept under cover.

      I.   A zoning permit shall be obtained from the Planning and Development Department prior to the construction, addition, or modification of any pen, coop, building, fence, or other enclosure used for the purposes of housing non-commercial livestock.

      J.   No nuisance conditions shall be created for neighboring land uses. Nuisance conditions may include, but are not limited to, odor, noise, destruction of neighboring property, or repeated instances of loose animals on neighboring property.

   5.   Standards Specific to the Non-Commercial Keeping of Bees. Keeping of bees shall be subject to the following requirements:

      A.   No Africanized bees shall be kept on any property.

      B.   The front of any beehive shall face away from the property line of the nearest adjacent property.

      C.   Where a colony is located within ten (10) feet from any property line or within thirty (30) feet of any public sidewalk or roadway, the beekeeper shall establish and maintain a flyway barrier at least six feet in height consisting of a solid wall, fence, or vegetation, parallel to the property line and extending ten feet beyond the colony in each direction.

      D.   An adequate supply of fresh water shall be maintained in a location on the lot which is readily available to all bee colonies on the lot throughout the day.

   6.   Enforcement of this ordinance shall follow the procedures in Chapter 93-Planning and Development Infractions-of the Story County Land Development Regulations.