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Chapter 86 – Subdivision Regulations

TITLE VI  PHYSICAL ENVIRONMENT

CHAPTER 86

SUBDIVISION REGULATIONS

6-86-1              Short Title
6-86-2              Purpose
6-86-3              Application
6-86-4              Recording of Plat
6-86-5              Fee Established
6-86-6              Penalties
6-86-7              Building Permit to be Denied
6-86-8              Terms Defined
6-86-9              Improvement Required
6-86-10            Inspection
6-86-11            Minimum Improvements
6-86-12            Easements Required
6-86-13            Maintenance Bond Required
6-86-14            Standards Prescribed
6-86-15            Land Suitability
6-86-16            Lands Subject to Flooding
6-86-17            Plat to Conform to Comprehensive Plan
6-86-18            Construction Standards for Improvements
6-86-19            Street Standards
6-86-20            Block and Lot Standard
6-86-21            Parks and Open Space
6-86-22            Parks and School Reserved
6-86-23            Nonresidential Subdivisions
6-86-24            Pre-application Conference
6-86-25            Sketch Plan Required
6-86-26            Presentation to Planning Commission
6-86-27            Subdivision Classified
6-86-28            Plats Required
6-86-29            Requirements of the Preliminary Plat
6-86-30            Procedure for Review of Preliminary Plats
6-86-31            Duration of Approval of Preliminary Plats
6-86-32            Authorization to Install Improvements
6-86-33            Completion and Acceptance of Improvements
6-86-34            Performance Bond Permitted
6-86-35            Requirement of the Final Plat
6-86-36            Variations and Exceptions
6-86-37            Changes & Amendment
6-86-38            Severability Clause
6-86-39            Ordinance to Limit Ordinances                                                                                                                         

SECTION 6-86-1                  SHORT TITLE.  This ordinance shall be known as the “Subdivision Ordinance” of the City of Belle Plaine.

SECTION 6-86-2                  PURPOSE. The purpose of this ordinance is to provide minimum standards for the design, development and improvement of all new subdivisions and resubdivisions of land, so that existing land uses will be protected, and so that adequate provisions are made for public facilities and services, and so that growth occurs in an orderly manner, consistent with the Comprehensive Plan, and to promote the public health, safety and general welfare of the citizens of the City of Belle Plaine, Iowa.

SECTION 6-86-3                  APPLICATION.  Every owner of any tract or parcel of land who has subdivided or shall hereafter subdivide or plat said tract or parcel into two (2) or more parts, for the purpose of laying out an addition, subdivision, building lot, or lots, acreage or suburban lots within the City or within two (2) miles from the corporate limits of the City, shall cause plats of such area to be made in the form, and containing the information, as hereinafter set forth before selling any lots herein contained or placing the plat on record.

 SECTION 6-86-4                  RECORDING OF PLAT. No subdivision plat, resubdivision plat or street dedication within the City of  Belle Plaine, Iowa, or within two (2) miles of the Corporate limits of the City, as provided in Chapter 409A. 9, Code of Iowa, shall be filed for record with the County Recorder, or recorded by the County Recorder, until a final plat of such subdivision, resubdivision, or street dedication has been reviewed and approved in accordance with the provisions of this ordinance.

 Upon the approval of the final plat by the Governing Body, it shall be the duty of the subdivider to immediately file such plat with the County Auditor and County Recorder, as required by law. Such approval shall be revocable after thirty (30) days, unless such plat has been duly recorded and evidence thereof filed with the City Clerk within such thirty (30) days.

 SECTION 6-86-5                  FEE ESTABLISHED.  The Governing Body shall from time to time establish by resolution, fees for review of plats. No plat for any subdivision or resubdivision shall be considered filed with the City Clerk, unless and until said plat is accompanied by the fee, as established by resolution of the Governing Body, and as required by this ordinance.

 SECTION 6-86-6                  PENALTIES. Any person who shall dispose of or offer for sale any lot or lots within the area of jurisdiction of this ordinance, until the plat thereof has been approved by the Governing Body, and recorded as required by law, shall forfeit and pay one hundred dollars ($100.00) for each lot or part of lot sold, disposed of or offered for sale. Nothing contained herein shall in any way limit the City’s right to any other remedies available to the City for the enforcement of this ordinance.

 SECTION 6-86-7                  BUILDING PERMIT TO BE DENIED.  No building permit shall be issued for construction on any lot, parcel, or tract, where a subdivision is required by the ordinance, unless and until a final plat of such subdivision has been approved and recorded in accordance with this ordinance, and until the improvements required by this ordinance have been accepted by the City.

 SECTION 6-86-8                  TERMS DEFINED.  For the purposes of this ordinance, certain words herein shall be defined as and interpreted as follows. Words used in the present tense shall include the future, the singular shall include the plural, the plural shall include the singular , the masculine gender shall include the feminine, the term “shall” is always mandatory, and the term “may” is permissive.

             1.     Acquisition plat means the graphical representation of the division of land or rights    in land, created as the result of a conveyance or condemnation for right-of-way purposes        by an agency of the government or other persons having the power of eminent domain.

             2.     Aliquot part means a fractional part of a section within the United States public land             survey system. Only the fractional parts one-half, one quarter, one-half of one-quarter, or one-quarter of one quarter shall be considered an aliquot part of a section.

             3.     Alley means public property dedicated to public use primarily for vehicular access      to the back or side of properties otherwise abutting on a street.

             4.    Auditor’s plat means a subdivision plat required by either the auditor or the assessor,   prepared by a surveyor under the direction of the auditor.

             5.     Block means an area of land within a subdivision that is entirely bounded-by streets,             railroad right-of-way, rivers, tracts or public land, or the boundary of the subdivision.

             6.     City Engineer means the professional engineer registered in the State of Iowa             designated as City Engineer by the Governing Body or other hiring authority.

             7.     Comprehensive Plan means the general plan for the development of the community, that may be titled master plan, comprehensive plan or some other title, which plan has             been adopted by the Governing Body. Such “Comprehensive Plan” shall include any part    of such plan separately adopted, and any amendment to such plan or parts thereof.

             8.     Conveyance means an instrument filed with a recorder as evidence of the transfer of             title to land, including any form of deed or contract.

             9.     Cul-de-Sac means a street having one end connecting to another street, and the other             end terminated by a vehicular turn around.

             10.    Division means dividing a tract or parcel of land into two parcels of land by conveyance or for tax purposes. The conveyance of an easement, other than public            highway easement, shall not be considered a division for the purpose of this chapter.

             11.     Easement means an authorization by a property owner for another to use a    designated part of his property for a specified purpose.

             12.     Flood Hazard Area means any area subject to flooding by a one percent (1%)          probability flood, otherwise referred to as a one hundred (100) year flood; as designated        by the Iowa National Resources Council or the Federal Insurance Administration.

             13.     Floodway means the channel of a river or other watercourse and the adjacent lands that must be reserved in order to discharge the waters of a one hundred (100) year flood            without cumulatively raising the waterway surface elevation more than one (1) foot.

             14.   Forty acre aliquot part means one-quarter of one quarter of a section.

             15.   Governing Body means the City Council of the City of Belle Plaine, Iowa.

             16.    Government lot means a tract, within a section, that is normally described by a lot     number as represented and identified on the township plat of the United States public            land survey system.

             17.     Improvements means changes to land necessary to prepare it for building sites          including but not limited to grading, filling, street paving, curb paving, sidewalks, walk         ways, water mains, sewers, drainageways, and other public works and appurtenances.

             18.     Lot means a tract of land represented and identified by number or letter designation            on an official plat.

             19.     Lot, Corner: The term “corner lot” means a lot situated at the intersection of two     streets.

             20.     Lot, Double Frontage; The term “double frontage lot” means any lot that is not a     corner lot that abuts two streets.

             21.     Metes and bounds description means a description of land that uses distances and    angles, uses distances and bearings, or describes the boundaries of the parcel by reference         to physical features of the land.

             22.     Official plat means either an auditor’s plat or a subdivision plat that meets the           requirements of this chapter and has been filed for record in the offices of the recorder,       auditor, and assessor.

             23.     Owner means the legal entity holding title to the property being subdivided, or such             representative or agent as is fully empowered to act on its behalf.

             24.     Parcel means a part of a tract of land.

             25.     Performance Bond means a surety bond or cash deposit made out to the City of      Belle Plaine in an amount equal to the full cost of the improvements which are required          by this ordinance, said cost being estimated by the City Engineer, and said surety bond or       cash deposit being legally sufficient to secure to the City that said improvements will be           constructed in accordance with this ordinance.

             26.     Permanent real estate index number means a unique number or combination of         numbers assigned to a parcel of land pursuant to Section 441.29 of the Code of Iowa.

             27.     Planning & Zoning Commission means the appointed commission designed by the Governing Body for the purpose of this ordinance.

             28.     Plat means a map drawing, or chart on which a subdivider’s plan for the       subdivision of land is presented, that he or she submits for approval and intends, in final form, to record.

             29.     Plats Officer means the individual assigned the duty to administer this ordinance     by the Governing Body or other appointing authority.

             30.     Plat of survey means the graphical representation of survey of one or more parcels    of land, including a complete and accurate description of each parcel within the plat, prepared by a registered land surveyor.

             31.     Proprietor means a person who has a recorded interest in land, including a   person              selling or buying land pursuant to a contract, but excluding persons holding   mortgage,     easement, or lien interest.

             32.     Resubdivision means any subdivision of land that has previously been included in a             recorded plat. In appropriate context it may be a verb referring to the act of preparing a        plat of previously subdivided land.

             33.     Street means public property, not an alley, intended for vehicular circulation. In        appropriate context the term “street” may refer to the right-of-way bonded by the          property lines of such public property, or may refer to the paving installed within such         right-of-way.

             34.     Street, Arterial: The term “arterial street” means a street primarily intended to carry traffic from one part of the City to another, and not intended to provide access to abutting property.

             35.     Street, Collector: The term “collector street” means a street primarily designed to      connect smaller areas of the community, and to carry traffic from local streets to arterial      streets.

             36.     Subdivider means the owner of the property being subdivided, or such other person             or entity empowered to act on the owner’s behalf.

             37.     Subdivision means the division of land into two or more parts for the purpose,          whether immediate or future, of transfer of ownership or building development. The     term, when appropriate to the context may refer to the process of subdividing or to land         subdivided.

             38.     Subdivision plat means the graphical representation of the subdivision of land,          prepared by a registered land surveyor, having a number or letter designation for each lot             within the plat and a succinct name or title that is unique for the county where the land is located.

             39.    Surveyor means a registered land surveyor who engages in the practice of land          surveying pursuant to Chapter 114 of the Code of  Iowa.

             40.     Tract means an aliquot part of a section, a lot within an official plat, or a       government lot.

             41.     Utilities means systems for the distribution or collection of water, gas, electricity,     wastewater, and storm water.

 SECTION 6-86-9                  IMPROVEMENT REQUIRED:  The subdivider shall, at his or her expense, install and construct all improvements required by this ordinance. All required improvements shall be installed and constructed in accordance with the design standards established for such improvements by the City and the City Engineer, and as shown on the approved preliminary plat.

 SECTION 6-86-10                INSPECTION. All improvements shall be inspected to insure compliance with the requirements of this ordinance by the City Engineer. The cost of such inspection shall be borne by the subdivider and shall be the actual cost of the inspection to the City.

 SECTION 6-86-11                MINIMUM IMPROVEMENTS.  The improvements set forth below shall be considered the minimum improvements necessary to protect the public health, safety and welfare.      

            1.)        Streets: General. The subdivider of land being subdivided shall provide the grading of the entire street right-of-way, alley or public place and provide appropriate paving, including curb and gutter on all streets. All streets or alleys shall be of such width           and shall be so constructed as to meet the design standards of the City exhibited in Section 6-61-19 of this ordinance.

                         a.)     Under some circumstances the City may require, as a condition for approval of the plat, dedication and improvement of a street having a width greater than necessary to meet the needs of the platted area, but necessary to complete the City street system as it relates to both the area being platted and other areas. In such event, the City will pay the subdivider the difference in cost of improving the wider street and the street width reasonable to meet the foreseeable needs of the subdivision taken alone. The streets shall upon final approval and acceptance by the City, become the property of the City.

             2.)     Sanitary Sewer System : General. The subdivider of the land being platted shall make adequate provision for the disposal of sanitary sewage from the platted area with due regard being given to present or reasonably foreseeable needs. There shall be constructed, at the subdivider’s expense, a sanitary sewer system including all necessary pumping stations, pumping equipment, sewer access holes, and all other necessary or desirable appurtenances to provide for the discharge of sanitary sewage from all lots or parcels of land within the platted area to a connection with the City’s sanitary sewer. The sanitary sewer system shall be constructed in accordance with the plans and specifications of the city and at the sewer grades as established by the City.

                         a.)     Under some circumstances the City may require, as a condition for approval of the plat, installation of a sanitary sewer that is larger than necessary to meet the needs of the platted area, but necessary to complete the City sanitary sewer system as it relates to both the area being platted and other areas. In such event, the City will pay the subdivider the difference in cost of pipe and installation between the larger sewer and the diameter of sewer reasonable to meet the foreseeable needs of the area.

                         b.)     The above mentioned facilities for the collection and disposal of sanitary sewage from the platted area shall, upon final approval and acceptance by the City, become the property of the City.

             3.)     Storm Sewer System: The subdivider of land being platted shall install and construct a storm sewer system adequate to serve the area, including anticipated extension of use to serve additional areas. The storm sewer system shall be constructed in accordance with plans and specifications of the City and at sewer grades established by the City.

                         a.)     The storm water drainage system shall by separated and independent of any sanitary sewer system.

                         b.)     Inlets shall be provided so that surface water is not carried across or around any intersection, not for a distance of more than six hundred (600)     feet in the gutter. Under some circumstances the City may require, as a condition for approval of the plat, installation of a storm sewer system that is larger than necessary to meet the needs of the platted area, but necessary to complete the City storm sewer system as it relates to both the area being platted and other areas. In such event, the City will pay the subdivider the difference in cost of pipe and installation between the larger sewer and the diameter of sewer reasonable to meet the foreseeable needs of the area.

                         c.)        Storm sewer facilities shall be located in the road right-of-way where feasible, or in the perpetual unobstructed easements of appropriate width.

                         d.)     In the storm sewer design phase, the Governing Body shall study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. City drainage studies together with such other studies as shall be appropriate shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Council may withhold approval of the subdivision until provision has been made for the recovery of the cost for the improvement of said potential condition in such sum as the Governing Body shall determine. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.

                         e.)     The storm sewers shall, upon inspection, approval and acceptance by the City, become the property of the City.

             4.)     Water Main System:  General. The subdivider of land being platted shall install and construct a water main system to adequately serve all lots or parcels of land within the platted area, with due regard to the present and reasonably foreseeable needs of the entire area, and shall connect the same to the City’s existing water mains.    

                         a.)     The subdivider shall install adequate water facilities, and fire hydrants which shall be subject to City specifications.

                         b.)     The location of all fire hydrants shall be shown on the preliminary plat.

                         c.)     Under some circumstances the City may require, as a condition for approval of the plat, installation of a water main that is larger than necessary to meet the needs of the platted area, but necessary to complete the city water distribution system as it relates to both the area being platted and other areas. In such event the City will pay the subdivider the difference in cost of pipe and installation between the larger water main and the diameter of water main reasonable to meet the foreseeable needs of the area.

                         d.)     The water supply improvements shall, upon inspection, approval, and acceptance by the City, become the property of the City.

             5.)        Other Improvements: The owner and subdivider of the land being platted shall by  responsible for the installation of sidewalks within the street area; the installation of walkways as necessary; grading, seeding or sodding of all lots; the planting of any required trees in the parking; the installation of street signs, and the provision of street lighting. All such improvements shall be under the direction of the City Engineer or director of the electric utility, as appropriate, except that as to street lighting in developed areas of a subdivision, one street light shall be installed in the northwest corner of each intersection of streets or avenues within the subdivision or the northwest corner of the place where existing streets, and avenues outside of the subdivision, if extended, would intersect with the platted streets of the subdivision.

 SECTION 6-86-12                EASEMENTS REQUIRED.

             1.)     Public Utilities.  Where alleys are not provided, or where otherwise required by the present or future placement of public utilities, easements of not less than ten (10) feet in width shall be granted by the owner along rear, and where necessary, along side lot lines for public utility requirements. Except where prohibited by topography, such easements shall be centered on lot lines. Easements of greater width may be required along lot lines, or across, lots when necessary for the placement and maintenance of utilities. No buildings or structures, except as necessary for utilities, shall be permitted on such easements.

             2.)     Easements Along Streams and Watercourses. Wherever any stream or surface watercourse is located in an area that is being subdivided, the subdivider shall, at his own expense, make adequate provisions for the proper drainage of surface water and shall provide and dedicate to the City an easement along said stream or watercourse as         necessary for the proper maintenance of the watercourse, and as approved by the City

 SECTION 6-86-13                MAINTENANCE BOND REQUIRED.  The owner and subdivider of the land being platted shall be required to provide to the City, proper maintenance bonds satisfactory to the City, so as to insure that for a period of one (1) year from the date of acceptance of any improvement, the owner and subdivider shall be responsible to maintain such improvement in good repair.

 SECTION 6-86-14                STANDARDS PRESCRIBED. The standards set forth in this ordinance shall be considered the minimum standards necessary to protect the public health, safety, and general welfare.

 SECTION 6-86-15                LAND SUITABILITY.  No land shall be subdivided that is found to be unsuitable for subdividing by reason of flooding, ponding, poor drainage, adverse soil conditions, adverse geological formations, unsatisfactory topography or other conditions likely to be harmful to the public health, safety or general welfare, unless such unsuitable conditions are corrected to the satisfaction of the City.

 If land is found to be unsuitable for subdivision for any of the reasons cited in this section, the Governing Body shall state its reasons in writing and afford the subdivider an opportunity to present data regarding such unsuitability. Thereafter, the Governing Body may reaffirm, modify or withdraw its determination regarding such unsuitability.

 SECTION 6-86-16                LANDS SUBJECT TO FLOODING.  No subdivisioin containing land located in a floodway or a flood hazard area shall be approved by the City without the approval of the Iowa Department of Natural Resources. No lot shall be located so as to include land located within a floodway or flood hazard area unless the lot is of such size and shape that it will contain a buildable area not within the floodway or flood hazard area, suitable for development as allowed by the zoning ordinance for the zone in which the lot is located.

 Land located within a flood hazard area or a floodway may be included within a plat as follows, subject to the approval of the City.

             1.)     Included within individual lots in the subdivision, subject to the limitations of this section.

             2.)     Reserved as open space for recreation use by all owners of lots in the subdivision, with an appropriate legal instrument, approved by the City, providing for its care and maintenance by such owners.

             3.)     If acceptable to the City, dedicated to the City as public open space for recreation or flood control purposes.

 SECTION 6-86-17                PLAT TO CONFORM TO COMPREHENSIVE PLAN.  The arrangement, character, extent, width, grade and location of all streets shall conform to the technical specifications for such streets as approved by the City Council. The general nature and extent of the lots and uses proposed shall conform to the Comprehensive Plan of the City, provided such plan has been adopted by the City; and shall conform to such other plans, including but not limited to a Major Street Plan, a Sanitary Sewer System Plan, or a Parks and open Space Plan, provided such plan has been adopted by the City.

 SECTION 6-86-18                CONSTRUCTION STANDARDS FOR IMPROVEMENTS.  In addition to the Standards set forth in this ordinance the City Engineer shall from time to time prepare, and the Governing Body shall from time to time adopt by resolution, technical standards for public improvements. Such technical standards for public improvements shall contain the minimum acceptable specifications for the construction of public improvements. Such technical standards may vary for classes of improvements, giving due regard to the classification of streets or other improvements, and the extent and character of the area served by the improvements.  

 Upon adoption by the Governing Body by resolution, such technical standards for public improvements shall have such force and effect as if they were fully set forth herein.

 SECTION 6-86-19                STREET STANDARDS.

             1.)     General: The following standards shall apply to all streets to be located within the subdivision:

                         a.)     Streets shall provide for the continuation of arterial and collector streets from adjoining platted areas, and the extension of such streets into adjoining unplatted areas. Where a plat encompasses the location for an arterial or collector street proposed in the Comprehensive Plan or the Street Plan, the plat shall provide for such street.

                         b.)     Street grades shall align to existing streets, and all grades for streets shall be as approved by the City.

                         c.)     Arterial streets shall be located so as to not require direct access from the arterial street to abutting lots.

                         d.)     Street right-of-way widths and pavement widths shall be as specified in the technical standards for public improvements.

                         e.)     Half-streets are prohibited, except, where an existing platted half-street abuts the subdivision, a platted half-street to complete the street shall be required.

                         f.)     Local streets should be designed to discourage through traffic while safely connecting to collector or arterial streets.

                         g.)     Street jogs with centerline offsets of less than (125) one hundred twenty five

feet shall be prohibited, except where topography, or other physical conditions make such jags unavoidable.

                         h.)     Streets shall intersect as nearly at right angles as possible; and no street shall intersect any other street at less than sixty (60) degrees.

                         i.)     At intersections of major streets, and otherwise as necessary, lot corners abutting radius sufficient to provide necessary space within the right-of-way for sidewalks, traffic control devices, and other necessary improvements without encroachment onto the corner lots.

                         j.)    Dead end streets are prohibited, except where a street is planned to continue past the subdivider’s property, a temporary dead end may be allowed.

                         k.)    Streets that connect with other streets, or loop streets, are preferable for maintenance, fire protection, and circulation, but cur-de-sacs may be permitted if       there are no other feasible alternatives available. Cul-de-sacs should not exceed 400 feet in length unless a greater length is unavoidable.

                         l.)    In general, alleys shall be permitted in residential areas and required in commercial areas with normal street frontage. Dead end alleys are prohibited, unless provided with a turn-around with a minimum right-of-way diameter of one hundred (100) feet.

                         m.)    Alleys shall have a right-of-way of not less than twenty (20) feet and a roadway width of not less than sixteen (16) feet.

                         n.)    When a tract is subdivided into larger than normal lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and opening of future streets and appropriate resubdivision with provision for adequate utility connections for such resubdivision. Easements for the future openings and extensions for such streets or utilities may, at the discretion of the Governing Body, be made a requirement of the plat.

                         o.)     Streets that are or will become extensions of existing streets shall be given the same name as the existing streets. New street names shall not be the same or sound similar to existing street names. All street names shall be at the approval of the Governing Body.

                         p.)    Private streets shall be prohibited. The Governing Body may approve a variance to this rule where unusual conditions make a private street desirable, provided adequate covenants or other legal documents ensure that the City will not have or need to assume any maintenance or other responsibility for such        street.

             2.)     Minimum Roadway and Right-of-Way Standards.

                         a.)     Municipal Arterial streets shall have a right-of-way width of not less than eighty (80) feet and a roadway width of not less than forty-five (45) feet.

                         b.)     Municipal collector streets shall have a right-of-way width of not less than sixty-six (66) feet and a roadway width of not less than thirty-one (31) feet.

                         c.)     Municipal local streets shall have a right-of-way width of not less than sixty (60) feet and a roadway width of not less than twenty-five (25) feet.

                         d.)     Cul-de-sacs shall meet all the requirements for local streets and, in addition, shall provide a turn-around with the outer edge of paving at a 35 foot radius and the right-of-way at a 50 foot radius.

             3.)     Street grades, wherever feasible, shall not exceed the following:

                         a.)    Municipal arterial streets – eight percent (8%).

                         b.)     Municipal collector streets – ten percent (10%)

                         c.)     Municipal local streets – twelve percent (12%)

                         d.)     All changes in street grade shall be connected by vertical curves of minimum length in feet equal to twenty (20) times the algebraic difference in percents of grade.

                         e.)     No street grade shall be less than one-half (1/2) of one percent, unless extreme conditions warrant.

             4.)     Street Surfacing and Improvements. After sewer, water and other utilities to be located underground within the right-of-way have been installed by the applicant, the applicant shall construct curbs and gutters and shall surface or cause to be surfaced roadways to the following standards:

             5.)     Minimum Standards. Roadways in residential subdivisions shall, at a minimum, be constructed with a four (4) inch rock base, five and one-half (5 ½) inches of Portland Cement Concrete and concrete curb and gutter. Roadways in commercial and industrial subdivisions shall, at a minimum be constructed with a four (4) inch rock base, six (6) inches of Portland Cement Concrete and concrete curb and gutter.

             6.)     Recommended Standards. The recommended standards for streets are as follows:

                         a.)     The pavement slab shall be constructed of the following materials:

                                     i.)     Nonreinforced Portland Cement concrete conforming to the Iowa Department of Transportation C-3 mix or M-3 as applicable; or

                         b.)    The recommended pavement thickness in inches is as outlined in the following table:

 Portland Cement Concrete

 Arterial                                                                 9″  *          

 Collector                                                               7″

 Local                                                                     6″

 *  Thickness requirements for arterials are intended as a guide only. Specific projects will be designed on the basis of soil conditions and projected traffic loading.

                         c.)     The curb and gutter shall be constructed of Portland Cement Concrete.

                         d.)     The curbs and gutter cross section shall consist of either of the following: a 6-inch vertical curb with a 24″ concrete gutter which includes the curb, or a mountable curb as shown by the diagram attached hereto labeled 6-59-19 (F) (4), Mountable Curb Diagram. Where the street paving is integral Portland Cement Concrete, then there shall be no separation between the curb and gutter section and the paving

 

                        e.)     The developer’s engineer shall make a minimum of one set of concrete test cylinders for each 1,000 square yards of paving but no less than one set per day. A test set shall consist of three test cylinders. Slump and air content tests shall be made and the results recorded along with appropriate test cylinder information. Cylinders shall be laboratory cured, and conform with ASTM specification C31 and C39.

                         f.)     The subgrade shall be sacrificed to a depth of 6 inches below the pavement, and compacted to 90% of Modified Proctor Density for Portland Cement concrete pavement.

                        g.)     The subgrade in fill shall be 90% of Modified Proctor Density except for the top 6 inches which shall meet the requirements of the appropriate surface material.

                         h.)     The developer’s engineer shall furnish a minimum of two successful density tests per 1,000 square yards of subgrade at locations to be selected by the City Engineer.

             7.)     Excess Right-of-Way. Right-of-Way widths in excess of the standards designated in these regulations shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall not be in excess of three to one.

             8.)     Railroads and Limited Access Highways: Railroad right-of-ways and limited access highways where so located as to affect the subdivision of adjoining lands shall be         treated as follows:

                         a.)     In residential districts a buffer strip at least twenty-five (25) feet in depth in addition to the normal depth of the lot required in the district shall be provided adjacent to the railroad right-of-way or limited access highway. This strip shall be      part of the platted lots and shall be designated on the plat: “This strip is reserved for screening. The placement of structures hereon is prohibited.”

                         b.)     In districts zoned for business, commercial, or industrial uses the nearest street extended parallel or approximately parallel to the railroad shall, wherever practicable, be at a sufficient distance there from to ensure suitable depth for commercial or industrial sites.

                         c.)     Streets parallel to the railroad when intersecting a street which crosses the railroad at grade shall, to the extent practicable, be at a distance of at least one hundred fifty (150) feet from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients.

             9.)     Sidewalks. Sidewalks are to be in place at the time of completion of occupancy. Subdivider may ask for a sidewalk deposit of the homeowner which will be returned after completion of the sidewalk. The following design standards shall apply to all subdividers.

                         a.)     Sidewalks shall be a minimum of five (5) feet in width except in the Central Business District or in other areas specifically approved by the Governing Body of the City where the width may be greater. Sidewalks shall be located one (1) foot from the property line within the dedicated non-pavement right-of-way of all streets.

                         b.)     All sidewalks shall slope to the street at a rate of ¼ inch per foot. The street edge of the sidewalk surface shall be located above the curb a minimum of four (4) inches.

                         c.)     Sidewalks shall be constructed of four (4) inch thick nonreinforced Portland Cement Concrete.

                         d.)     Sidewalks crossing driveways shall be constructed of six (6) inch nonreinforced Portland Concrete Cement.

                         e.)     Sidewalk ramps. All sidewalks shall provide a curb ramp for accommodation of the disabled at all intersections. Curb ramps shall be located in         line with the public requirements for said ramps as set forth in the “Americans With Disabilities Act”. Ramps shall be sloped from the sidewalk intersection to the curb.

             10.)     Driveways. The following standards shall apply to residential driveways:

                         a.)    A single driveway shall be twelve (12) feet in width at street.

                         b.)     A double driveway shall be twenty-four (24) feet in width at the street.

 SECTION 6-86-20                BLOCK AND LOT STANDARD. The following standards shall apply to the layout of blocks and lots in all subdivisions, and to the extent possible, in all resubdivisions.

             1.)     No residential block shall be longer than one thousand six hundred (1,600) feet or shorter than three hundred (300) feet measured from street line to street line. The width of  blocks should be arranged so as to allow two tiers of lots, with utility easement.

             2.)     In blocks over seven hundred (700) feet in length, the Governing Body may require a public way or an easement at least ten (10) feet in width, at or near the center of the block, for use by pedestrians.

             3.)     The size and shape of lots intended for commercial or industrial use shall be adequate to provide for the use intended, and to meet the parking, loading, and other requirements for such uses contained in the Zoning Ordinance  (see 5 below).

             4.)     Lot arrangement and design shall be such that all lots will provide satisfactory building sites, properly related to topography and surrounding land uses.

             5.)     The size of all lots shall comply with the following:

                         a.)        Single family residential

                                    Area, 10,000 square feet; Width, 75 feet; Depth, 100 feet. In regard to                                           overall minimum lot dimensions set by this ordinance, the total area will                                         supersede any conflicting combinations of widths or depths that do not                                               equal the minimum area requirement.

                         b.)        Multi family residential

                                    Area, 10,500 square feet; plus 2,000 square feet per dwelling unit over                                            one; Width, 75 feet; minimum depth of not less than 100 feet. Minimum                                        area supersedes width and depth as stated above.

                         c.)        Mobile Home residential                        

                                    Single-family:  Area, 6,000 square feet; width, 60 feet; depth, 100 feet.

                                    Multi-family: Area, 6,000 sq. ft.; plus 1,500 sq. ft. per dwelling unit over                                        one; Width, 80 feet; minimum depth of not less than 100 feet. Minimum                                        area supersedes width and depth as stated.

             6.)     All lots shall abut a public street or an approved private street.

             7.)    Unless unavoidable, lots shall not front, or have direct access to arterial streets. Where unavoidable, lots shall be so arranged as to minimize the number of access points.                            

            8.)    All lot lines shall be at right angles to straight street lines or radial to curved street lines, except where, in the judgment of the Governing Body, a variation to this provision           will provide a better street and lot layout.

             9.)     Corner lots shall have sufficient extra width to permit the required front yard setback as specified in the Zoning Ordinance, oriented to either street.

             10.)     Reversed frontage lots are prohibited. Double frontage lots shall only be permitted where abutting a major street and a minor street, and such lots shall front only on the minor street.

 SECTION 6-86-21                PARKS AND OPEN SPACE: All residential subdivisions should be designed so that adequate open space and neighborhood park areas may be properly located and preserved as the community develops. The following standards and procedures will be used to determine the park and open space requirements for all proposed residential developments or subdivisions greater than ½ acre in size within the City of Belle Plaine.

             1.)     For all residential developments and subdivisions, the subdivider shall be responsible for providing adequate park and open space in one or both of the following ways, depending on the decision of the City of Belle Plaine.

                         a.)     If it is feasible and compatible with the Community/Land Use Development Plan of the City of Belle Plaine, as determined by the City Council upon the recommendation of the Planning and Zoning Commission, the subdivider will be required to dedicate and reserve an area for parks and open space, without cost to the City.

                                     i.)     The amount of land shall be determined by first calculating the entire size of the land area of the proposed development as shown on the   preliminary plat or site plan and then to require dedication or reservation of five percent (5%) of this amount for parks and open space.

                                     ii.)     This area shall be denoted on the final plat prior to approval of the final plat.

                         b.)     Where such dedication is not feasible or compatible with the Community Development/Land Use Plan, as determined by the City Council upon recommendation of the Planning and Zoning Commission, the subdivider shall, in lieu thereof, pay to the City a fee or combination of fee and land, equivalent to the value of the required dedication or reservation to be determined and used in the following manner:

                                     i.)     The City Council, upon recommendation of the Planning and Zoning Commission, shall determine the size of the land area which it would have required to set aside for parks and open space (5% of the total land area).

                                     ii.)     The cash value of said land shall be determined by taking the total purchase price or cost of all the land in the proposed subdivision and charge the owner the proportionate value of the land area so designated; based upon such purchase price or cost; provided such purchase price or cost is the current fair value of the land, the fair value of said land shall be determined by an impartial appraisal, and in such manner as may be             designated by the City Council, cost for said appraisal to be shared equally between the subdivider and the City.

                                     iii.)     All funds so levied, assessed, and collected by the City shall be deposited in a special fund to be known as the “Special Fund for the Acquisition and Development of Public Service Areas, Open Space and Recreational Facilities”, and that said funds so levied and collected shall be used for such purposes at such places and in such a manner as shall be approved, ordered and directed by the Parks and Recreation Board.

 Any interest accumulated upon such funds shall be added to the “Special Fund” and be used only for acquisition and developments of open space and recreational facilities.

             2.)     At the time of the preliminary plat approval, the City Council, upon recommendation by the Planning and Zoning Board, shall determine whether to require a dedication of land within the subdivision or the payment of a fee, in lieu thereof, or a combination of both, from the subdivider, for parks and open space.

             3.)     Where a dedication is required, it shall be accomplished with a properly executed Warranty Deed dedicating the required land to the City without cost to the City. Where a fee, in lieu of dedication is required, the fee shall be deposited with the City Clerk. Whichever action is required, it shall be accomplished prior to the approval of the final    plat.

             4.)     The determination by the City of whether to require dedication of land, or a fee, in lieu thereof, shall be based on the following:

                         a.)     Recreational element of the City’s Community Development Plan.

                        b.)     Topographic and geologic conditions and access and location of land in subdivision available for dedication.

                         c.)     Size and shape of the subdivision and land available for dedication.

                         d.)     The relation of the subdivision to the Community Development Plan map, particularly as such plan map may show proposed public service areas, open space and recreational areas.

                         e.)     The character and recreational needs of the neighborhood in which the subdivision is located.

                         f.)     The unsuitability in the subdivision for open space and recreational purposes by reason of location, access, greater cost of development and maintenance.

                         g.)     the possibility that land immediately adjoining the subdivision will serve in whole or in part the public service area, open space, and recreational needs of such subdivision.

                         h.)     Any and all other information relevant to a proper determination.

 The determination of the City Council as to whether land shall be dedicated or reserved or a fee shall be charged, or a combination thereof, shall be final and conclusive.

 SECTION 6-86-22                PARKS AND SCHOOL SITES RESERVED:  When a tract being subdivided includes lands proposed to be parks or school sites in the Community Development Plan or other official plan of the City, the subdivider shall indicate such areas on the plat.

             1.)     Proposed park sites shall be reserved for three (3) years, giving the City or other authorized public agency the option to purchase the land at the appraised raw land value        prior to the subdivision as established by a certified land appraiser. The purchase price shall also include one-half (1/2) of the cost for grading and paving, including curbs, of the portion of any streets that are contiguous to the site and any taxes and interest incurred by the subdivider between the date of reservation and date of purchase by the public agency. Should the park site not be purchased within three (3) years, the         subdivider may then amend the final plot.

             2.)     Proposed school sites shall be reserved for three (3) years, giving the appropriate school district the option to purchase the land at the appraised raw land value prior to the subdivision as established by a certified land appraiser. The purchase price shall also include one-half (1/2) of the cost for grading and paving, including curbs of the portion of any streets that are contiguous to the site and any taxes and interest incurred by the subdivider between the date of  reservation and date of purchase by the school district. Should the school sites not be purchased within three (3) years, the subdivider may then amend the final plot.

 SECTION 6-86-23                NONRESIDENTIAL SUBDIVISIONS.  The following provisions shall apply to nonresidential subdivisions.

             1.)     General. If a proposed subdivision includes land that is used for commercial or industrial purpose, the layout of the subdivision with respect to such land may be subject   to additional provisions as the Governing Body may require. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Governing Body, and shall conform to the proposed land use and standards established in City plans and regulations.

             2.)     Standards. In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the City that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:                              

                        a.)     Proposed industrial and commercial parcels shall be suitable in area and dimensions to the following minimum requirements:

                         Commercial:                Area, 10,000 square feet                                

                         Industrial:                    Area, 10,000 square feet

                         b.)     Street right-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.

                         c.)     Special requirements may be imposed by the City with respect to the installation of public utilities, including water, sewer, and storm water drainage.

                         d.)     Every effort shall be made to protect adjacent residential areas from

potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.

                         e.)     Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.

 SECTION 6-86-24                PRE-APPLICATION CONFERENCE.  Whenever a subdivision located within the platting jurisdiction of the City is proposed, the owner and subdivider shall schedule a preapplication conference with the Chairman of the Planning and Zoning Board. The conference should be attended by the Chairman of the Planning and Zoning Board and such other City or Utility representatives as is deemed desirable; and by the owner and his engineer and/or planner, as deemed desirable.

 The purpose of such conference shall be to acquaint the City with the proposed subdivision, and to acquaint the subdivider with the requirements, procedures, and any special problems related to the proposed subdivision.

 SECTION 6-86-25                SKETCH PLAN REQUIRED.  For the pre-application conference, the subdivider shall provide a map or sketch showing the location of the subdivision, the general layout and arrangement of intended land uses, in relation to the surrounding area.

 SECTION 6-86-26                PRESENTATION TO PLANNING AND ZONING BOARD: The subdivider may present the sketch plan to the Planning and Zoning Board to review, prior to incurring significant costs preparing the preliminary or final plat.

 SECTION 6-86-27                SUBDIVISION CLASSIFIED.  Any proposed subdivision or resubdivision shall be classified as minor subdivision or a major subdivision.

             1.)     Minor Subdivision. Any subdivision that contains not more than four (4) lots fronting on an existing street and that does not require construction of any public    improvements, and that does not adversely affect the remainder of the parcel shall be classified as a minor plat.

            2.)     Major Subdivision. Any subdivision that, in the opinion of the Governing Body, does not for any reason meet the definition of a minor subdivision, shall be classified as a major subdivision.

 SECTION 6-86-28                PLATS REQUIRED.  In order to secure approval of a proposed subdivision, the owner and subdivider shall submit to the City, plats and other information as required by this ordinance.  The owner and subdivider of any major subdivision shall comply with the requirements for a preliminary plat and the requirements for a final plat. The owner and subdivider of a minor subdivision may elect to omit the submission of a preliminary plat.

 SECTION 6-86-29                REQUIREMENTS OF THE PRELIMINARY PLAT.  The subdivider shall prepare and file with the City Clerk three (3) copies of the preliminary plat, drawn at a scale of one inch equals one hundred feet (1″ = 100′) or larger. Sheet size shall not exceed twenty-four inches by thirty-six inches (24″ x 36″). Where more than one sheet is required, the sheets shall show the number of the sheet and the total number of sheets in the plat, and match lines indicating where other sheets adjoin.

 The preliminary plat shall be clearly marked “Preliminary Plat” and shall show, or have attached thereto, the following:       

            1.)     Title, scale, north point and date.

             2.)     Proposed name of the subdivision that shall not duplicate or resemble existing subdivision names in the county.

             3.)     The name and address of the owner and the name, address and profession of the person preparing the plan.

             4.)     A key map showing the general location of the proposed subdivision in relation to surrounding development.

             5)     The names and locations of adjacent subdivisions and the names of record owners and location of adjoining parcels of unplatted land. A list of all owners of record of property located within two hundred (200) feet of the subdivision boundary shall be attached.

             6.)     The location of property lines, streets and alleys, easements, buildings, utilities, watercourses, tree masses, and other existing features affecting the plat.

             7.)     Existing and proposed zoning of the proposed subdivision and adjoining property.

             8.)     Contours at vertical intervals of not more than two (2) feet if the general slope of the site is less than ten (10) percent and at vertical intervals of not more than five (5) feet         if the general slope is ten (10) percent or greater.

             9.)     The legal description of the area being platted.

             10.)     The boundary of the area being platted, shown as a dark line with the approximate length of boundary lines and the approximate location of the property in reference to known section lines.

             11.)     The layout, numbers and approximate dimensions of proposed lots.

             12.)     The location, width and dimensions of all streets and alleys proposed to be dedicated for public use.

             13.)     The proposed names for all streets in the area being platted.

            14.)     Present and proposed utility systems, including sanitary and storm sewers, other drainage facilities, water lines, gas mains, electric utilities, cable utilities, telephone utilities and other facilities.

             15.)     Proposed easements, showing locations, width, purposes and limitations.

             16.)     Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semipublic or community purposes, or shown for such  purpose in the Comprehensive Plan or other adopted plans.

             17.)     A general summary description of any protective covenants or private restrictions to be incorporated in the final plat.

             18.)     Any other pertinent information, as necessary.

             19.)      The fee, as required by this ordinance.

 SECTION 6-86-30                PROCEDURE FOR REVIEW OF PRELIMINARY PLATS:

             1.)     The City Clerk, upon receipt of three (3) copies of the preliminary plat, shall file one copy in the records of the City, shall retain one copy for public inspection, and shall forward the remaining copy of the plat to the Chairman of the Planning and Zoning Board.

             2.)     The Chairman of the Planning and Zoning Board shall provide copies of the plat to the City Engineer, and such other persons as necessary to review the plat; and shall schedule the plat for consideration by the Planning and Zoning Board.

             3.)     The Planning and Zoning Board shall examine the plat and the report of the City Engineer, and such other information as it deems necessary or desirable, to ascertain whether the plat conforms to the ordinances of the City, and conforms to the Comprehensive Plan and other duly adopted plans of the City. The Planning and Zoning Board shall, within forty-five (45) days of the filing of the plat with the City Clerk, forward a report and recommendation regarding the plat to the Governing Body. If such recommendation is to disapprove or modify the plat, the reasons therefore shall be set            forth in writing in the report, and a copy of the report and recommendation shall be provided to the applicant.

             4.)     The Governing Body shall examine the plat, the report of the City Engineer, the report of the Planning and Zoning Board, and such other information as it deems necessary or desirable. Upon such examination, the Governing Body shall ascertain whether the plat conforms to the ordinances and standards of the City, conforms to the Comprehensive Plan and other duly adopted plans of the City, and will be conducive to         the orderly growth and development of the City; in order to protect the public health, safety, and welfare. Following such examination, the Governing Body may approve, approve subject to conditions, or disapprove the plat. If the decision of the Governing Body is to disapprove the plat, or to approve the plat subject to conditions, the reasons therefore shall be set forth in writing in the official records of the Governing Body, and        such decisions shall be provided to the applicant. Action on the preliminary plat by the Governing Body shall be taken within sixty (60) days of the filing of the plat with the City Clerk.

 SECTION 6-86-31                DURATION OF APPROVAL OF PRELIMINARY PLAT.  The approval of a preliminary plat by the Governing Body shall be valid for a period of one (1) year from the date of such approval; after which such approval shall be void, and the subdivider shall take no action requiring the precedent approval of a preliminary plat except upon application for and approval of an extension of such period of validity, by the Governing Body.

 SECTION 6-86-32                AUTHORIZATION TO INSTALL IMPROVEMENTS:  The approval of the preliminary plat shall constitute authorization by the Governing Body for the installation of improvements as required by this ordinance, and as shown on the preliminary plat; provided no such improvement shall be constructed or installed until and unless the plans, profiles, cross sections, and specifications for the construction of such improvement have been submitted to, and approved in writing by, the City Engineer.

 SECTION 6-86-33                COMPLETION AND ACCEPTANCE OF IMPROVEMENTS.   Before the Governing Body will approve the final plat, all of the foregoing improvements shall be constructed and accepted by formal resolution of the City Council. Before passage of said resolution of acceptance, the City Engineer shall report that said improvements meet all City specifications and ordinances or other city requirements, and the agreements between the subdivider and the City.

 SECTION 6-86-34                PERFORMANCE BOND PERMITTED: In lieu of the requirement that improvements be completed prior to the approval of a final plat, the subdivider may post a performance bond with the City, guaranteeing that improvements not completed shall be completed within a period of two (2) years from the date of approval of such final plat; but such approval of the plat shall not constitute final acceptance of any improvements to be constructed. Improvements will be accepted only after their construction has been completed.

 SECTION 6-86-35                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, three (3) 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 Governing Body 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.

 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 ½ ” 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:

             1.)     The name of the subdivision.

             2.)     Name and address of the owner and subdivider.

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

             4.)     All monuments to be of record, as required by Chapter 114A, Code of Iowa.

             5.)     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.

             6.)     All distance, bearing, curve, and other survey data, as required by Chapter 114A, Code of Iowa.

             7.)     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 a resubdivision of a part or a whole 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. Resubdivision shall be labeled as such in a subtitle following the name of the subdivision wherever the name appears on the plat.

             8.)     Street names and clear designation of public alleys.

             9.)     Block and lot numbers.

             10.)     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.

             11.)     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.

             12.)     All interior excepted parcels, clearly indicated and labeled, “not a part of this plat.”

             13.)     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 Governing Body.

             14.)     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.

             15.)     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.

 SECTION 6-86-36                VARIATIONS AND EXCEPTIONS.  The following shall apply to the granting of variances or exceptions.

             1.)     Hardships. Where the Governing Body finds that extraordinary hardships or particular difficulties regarding the physical development of land may result from strict compliance with these regulations, it may make variations or exceptions to the regulations so that substantial justice may be done and the public interest secured, provided that such variation or exceptions to these regulations meets the following            criteria:

                         a.)     The granting of the variation will not be detrimental to the public safety, health, or welfare or injurious to other property or improvements in the neighborhood in which the property is located.

                         b.)     The conditions upon which the request for a variation is based are unique to the property for which the variation is sought, and are not applicable, generally, to other property.

                         c.)     Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.

                         d.)     The purpose of the variation is not based exclusively upon a desire to make more money out of the property.

             2.)     Conditions. In granting variations and exceptions, the Governing Body may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.

             3.)     Procedure for Variance. A petition for any such variation or exception shall be submitted in writing by the developer at the time when the preliminary plat is filed. The petition shall state fully the grounds for the application and all of the facts relied upon by            the petitioner.

 SECTION 6-86-37                CHANGES AND AMENDMENTS.  Any provisions of these regulations may be changed and amended from time to time by the Governing Body, provided that such changes and amendments shall not become effective until after a public hearing has been held, public notice of which shall have been given as required by law. Such proposed amendments shall first be submitted to the Planning and Zoning Board for study and recommendation before the hearing date is scheduled. The Planning and Zoning Board shall forward its recommendation to the Council within thirty (30) days after the Governing Body requests the recommendation. The Governing Body shall then give notice of and hold a public hearing on the proposed amendment.

 SECTION 6-86-38                SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

 SECTION 6-86-39                ORDINANCE NOT TO LIMIT ORDINANCES. Nothing contained herein shall serve to abrogate, limit, repeal, or otherwise modify any other ordinance or regulation except as expressly set forth herein. If any provision of this ordinance conflicts with the provisions of any other ordinance, regulation, or statue, the most restrictive shall apply

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