§ 5.13 Requirement Of The Final Plat

The subdivider shall, within one (1) year from the date of approval of the preliminary plat, unless such time period has been extended, prepare and file with the City Clerk, twenty (20) copies of the final plat and required attachments, as set forth in this ordinance. Except for a final plat for a minor subdivision as set forth herein, no final plat shall be considered by the City Council until and unless a preliminary plat for the area included in the proposed final plat has been approved and has not expired and become void as set forth above. Copies of the Final Plat shall be distributed to the City Engineer and the City Attorney for their review, and upon completion of same, the City Engineer and City Attorney shall report the findings of their review to the City Council for its consideration regarding acceptance of the Final Plat by resolution. All resolutions approving final plats shall be recorded by the subdivider, with copies of the recorded documents to be provided to the City Attorney.

The City Administrator, City planner, city attorney and city engineer shall examine the reports and assure compliance with the requirements of this title and shall submit a written report, with recommendations, to the planning and zoning commission, by delivering the same to the city clerk. The city clerk is directed not to submit any application to the planning and zoning commission unless the application is timely filed. The planning and zoning commission may, upon good cause being shown, waive this requirement. Any waiver shall be allowed only upon the two-thirds vote of all members of the commission, and the record shall state the reasons for the waiver. The planning and zoning commission shall study the application, location map and site plan and shall review the recommendations of the city attorney and city engineer and shall make recommendation to the city council regarding the approval or disapproval of the application. The commission shall make its recommendation to the city council within sixty days after the final plat has been filed with the city clerk, unless an extension of time has been approved by a majority of the commission members. Extensions of time may be permitted in order to finalize and bring the final plat into compliance with this chapter and the recommendations of the commission.

The final plat shall be drawn at a scale of one inch equals one hundred feet (1" = 100') or larger. Sheet size shall be no greater than eighteen inches by twenty-four inches (18" x 24") nor smaller than eight and one-half inches by eleven inches (8-1/2" x 11") and shall be of a size acceptable to the County Auditor. If more than one sheet is used, each sheet shall clearly show the number of the sheet, the total number of sheets included in the plat, and match lines indicating where other sheets adjoin.

The final plat shall be clearly marked "Final Plat" and shall show the following:

A) The name of the subdivision.

B) Name and address of the owner and subdivider.

C) Scale, and a graphic bar scale, north arrow and date on each sheet.

D) All monuments to be of record, as required by Chapter 355, Code of Iowa.

E) Sufficient survey data to positively describe the bounds of every lot, block, street, easement, or other area shown on the plat, as well as the outer boundaries of the subdivided lands.

F) All distance, bearing, curve, and other survey data, as required by Chapter 355, Code of Iowa.

G) All adjoining properties shall be identified, and where such adjoining properties are a part of a recorded subdivision, the name of the subdivision shall be shown. If the subdivision platted is part of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made.

H) Street names and clear designation of public alleys.

I) Block and lot numbers.

J) Accurate dimensions for any property to be dedicated or reserved for public use, and the purpose for which such property is dedicated or reserved for public use.

K) The purpose of any easement shown on the plat shall be confined to only those easements pertaining to public utilities including gas, power, telephone, cable television, water, sewer; easements for trails, bikeways, ingress and egress; and such drainage easements as are deemed necessary for the orderly development of the land encompassed within the plat.

L) All interior excepted parcels, clearly indicated and labeled, "not a part of this plat."

M) A strip of land shall not be reserved by the subdivider unless the land is of sufficient size and shape to be of some practical use or service as determined by the City Council.

N) The minimum unadjusted acceptable error of closure for all subdivision boundaries shall be 1:10,000 and shall be 1:15,000 for any individual lot.

O) A statement by a registered land surveyor that the plat was prepared by the surveyor or under the surveyor's direct personal supervision, signed and dated by the surveyor and bearing the surveyor's Iowa registration number or seal, and a sealed certification of the accuracy of the plat by the registered land surveyor who drew the plat.

P) Certification by the local public utility companies that the location of utility easements are properly placed for the installation of utilities.

Q) Certification of dedication of streets and other public property and perpetual easements for the installation, operation, and maintenance of utilities.

R) Contain a signature block for the signature of the Mayor certifying the City Council's approval of the plat.

S) Show any provisions provided by the Code of Iowa.

T) Show appropriate date of IDNR & city approval of flood plain permits when specific lots within the subdivision are proposed for development within the one-hundred year flood plain boundary.

U) The final plat should also have the following accompanying instruments:

i. An opinion by an attorney at law who has examined the Abstract of Title for the land being platted, stating the names of the proprietors and holders of mortgages, liens, or other encumbrances, along with any bonds securing the encumbrances.

ii. A statement from the mortgage holders or lienholders, if any, that the plat is prepared with their free consent and in accordance with their desire, signed, and acknowledged before an officer authorized to take the acknowledgment of deeds. An affidavit and bond in an amount double of the amount encumbrance and approved by the recorder and clerk of district court and which runs to the county for the benefit of purchasers of lots within the plat may be recorded in lieu of the consent of mortgagee or lienholder. When a mortgagee or lienholder consents to the subdivision, a release of mortgage or lien shall be recorded for any areas conveyed to the City Council or dedicated to the public.

iii. A certificate of the treasurer that the land is free from certified taxes and certified special assessments or that the land is free from certified taxes and that the certified special assessments are secured by a bond double in the amount of the lien and approved by the recorder and clerk of district court and which runs to the County for the benefit of purchasers of lots within the plat and filed with the recorder.

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

v. A petition signed by the owner and his or her spouse petitioning the City Council to pave any streets abutting such subdivision which petition waives notice of time and place of hearing and waives statutory protections and limitations as to the cost and assessment of improvements.

vi. A certificate from the county auditor that the name or title of the subdivision plat is approved by the county auditor.

vii. The subdivider shall provide CAD format reproductions of the plats to the City Engineer.

viii The subdivider shall have completed all payments to the City Engineer for inspection costs incurred to the date of submission of the final plat.

ix Subdivider’s Agreement

a. An agreement executed by the subdivider which agrees, as a covenant running with the land, that the City shall not issue a building permit for any lot in the subdivision until the subdivider installs the public improvements, except sidewalks, according to plans and specifications approved by the City Engineer and until the City Engineer approves subdivision erosion control measures. If the subdivider desires a building permit prior to installing the improvements, the owner must deposit with the City Finance Department an escrow equal to the cost of improvements plus 10 percent thereof in cash or an irrevocable letter of credit payable to the City in a form approved by the City Attorney. At the City’s discretion, this escrow may be divided by the number of lots in the subdivision and collected on a per lot basis prior to the issuance of a building permit. Subdivider must further agree, as a covenant running with the land, that subdivider will install sidewalks abutting each lot in the subdivision as set forth in this Title, that the obligation to install the sidewalks remains a lien on the lots abutting the sidewalk until released by the City and that, in the event subdivider fails to install the sidewalk the City may install the sidewalks and assess the total cost against the property without meeting the requirements of notice, benefit or value required by State law for assessing improvements.

b. The subdivider’s agreement shall state that subdivider, including its grantees, assignees and successors in interest, agrees that public services, including but not limited to street maintenance, snow and ice removal and solid waste collection, will not be extended to such subdivision until the pavement is completed and accepted by the City Council by resolution.

c. The subdivider’s agreement shall state: “Plat notes and surveyor’s notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law."

d. The subdivider’s agreement may include other conditions peculiar to the subdivision as allowed by law.

Amended by 2012-319 5.14 Review; Approval or Disapproval

A. Upon the filing of the final plat as set forth above, the City Clerk shall submit 11 copies of the final plat and the application to the Department of Planning and Community Development.

B. The Department of Planning and Community Development shall distribute said copies to the appropriate City Departments for review as designated by the City Administrator;

C. Said designee(s) shall examine the application, the plat, the construction plans, and the legal documents to insure compliance with the requirements of the City Code, State law, and the preliminary plat.

D. The costs of engineering examination of final plat and construction plans shall be paid by the subdivider and shall be the actual costs of the engineering examination and review as incurred by the City.

E. Upon completion of said review staff shall recommend approval or disapproval of the plat within 45 calendar days of the date the City received a complete application, or the final plat shall be deemed to be approved by the staff. The owner or subdivider may, however, agree, in writing, to an extension of time.

F. Following staff evaluation, the owner or owner’s representative shall submit a digital version, a transparent reproducible copy and 8 prints of the revised final plat with the signatures of the surveyor and the respective utility companies to the City Clerk.

G. After receipt of the recommendation of the staff or after the time of any extension, the City Council shall, by resolution, approve or disapprove the final plat. The City Council must take action on the final plat within 60 calendar days of submission of a complete application for a final plat to the City Clerk. If the City Council does not approve or disapprove the plat within 60 calendar days, the final plat shall be deemed approved. The owner or subdivider may, however, agree, in writing, to an extension of time.

ARTICLE VI: OTHER PROVISIONS