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TITLE Vl:
PROPERTY AND LAND USE
CHAPTER 1
LEE COUNTY SUBDIVISION ORDINANCE
6-1-1 Purpose
6-1-2 General Provisions
6-1-3 Definitions
6-1-4 Procedure for Approval
6-1-5 Preliminary Plat Requirement
6-1-6 Street Right-of-Way
6-1-7 Street Grades and Elevations
6-1-8 Design Standards
6-1-9 Curves in Streets
6-1-10 Intersections
6-1-11 Alleys
6-1-12 Frontage or Marginal Access Streets
6-1-13 Dead-End Streets (Cul-de-Sacs)
6-1-14 Street Names
6-1-15 Blocks
6-1-16 Lots
6-1-17 Building Line
6-1-18 Public Open Spaces
6-1-19 Improvements Required
6-1-20 Completion of Improvements
6-1-21 Minimum Number of Dwellings
6-1-22 Sanitary Disposal Requirements
6-1-23 Water Supply Requirements
6-1-24 Easements Along Streams
6-1-25 Storm Water Easement/Drainage Right-of-Way
6-1-26 Lee County Flood Management Ordinance
6-1-27 Storm Drainage
6-1-28 General Requirements for Installation of
Utilities
6-1-29 Utility and Drainage Easements
6-1-30 Action of Preliminary Plat
6-1-31 Preliminary Plat Copies
6-1-32 Board Action
6-1-33 Board Action
6-1-34 Board Action
6-1-35 Plat Copies
6-1-36 Board Action
6-1-37 Filing with Recorder
6-1-38 Final Plat Requirements
6-1-39 Final Plat Approval
6-1-40 Variations and Exceptions
6-1-41 Enforcement and Penalties
6-1-1 Purpose. The purpose of this chapter is to
establish minimum standards for the design, development, and improvement of
all new subdivisions and re-subdivisions so that existing developments will be
protected and so that adequate provisions are made for public services and to
promote the health, safety and general welfare of Lee County, Iowa, more
specifically:
1. To provide for
uniform and harmonious development of sub- divisions in Lee County.
2. To provide for
coordination and continuity of streets within subdivision and with existing
roads and streets.
3. Provide for
adequate treatment and disposal of sanitary sewage.
4. To protect the
health of all residents of a subdivision by requiring all water used for
human consumption to meet certain minimum requirements.
5. To provide that
the natural drainage not be changed and that drainage structures are of
adequate size and shape to carry all surface water and provide a road over
these structures.
6. To provide that
all public utilities are located in a designated corridor other than within
the road or street traveled way.
7. To provide for
building set backs from lot lines.
8. To provide for
minimum specifications for the roads and streets.
6-1-2 General
Provisions.
1. Subdivision of
land in unincorporated areas. All
plats, replats, and subdivisions of any parcel of land of forty (40) acres or
less or more than forty (40) acres if divided into parcels, any of which are
less than forty (40) acres, and lying in the unincorporated area of Lee
County, Iowa including the subdivision of land within two (2) miles of any
city, shall be prepared, approved by the Lee County Board of Supervisors, and
recorded as herein prescribed.
2. Subdivision of land
within jurisdictional limits of cities.
Any subdivision under the provisions of Chapter 409, Code of Iowa, and lying within two (2) miles of
any incorporated city in Lee County, Iowa shall be prepared, and after review
and recommendation by the Planning and Zoning Commission in cities where such
commissions exists, approved by the city council, and recorded as herein
prescribed.
3. General
application of regulations. The
provisions of these regulations shall apply to the division of any lot or
parcel of land entered on record in the office of the County Recorder as a
single lot or parcel on the effective date of these regulations into two or
more lots or parcels of forty (40) acres or less for the purpose whether
immediate or future, of transfer of ownership or building development. It is the intent of these regulations that
any division of land which creates a lot or parcel of forty (40) acres or
less shall be subject to the platting procedures and requirements prescribed
herein.
4. Recording of
plan. No final plat, replat, or
subdivision within Lee County, Iowa, which is subject to the terms of this
ordinance, shall be filed by the county auditor or recorded by the county
recorder, and shall thereby be held invalid, until such final plat or
subdivision has been reviewed and approved in accordance with these
regulations. Further, that such final
plat shall be held invalid unless the final plat is filed and recorded by the
owner in the offices of the County Recorder, the County Auditor, and the
County Assessor within one (1) year after the date of approval by the Board
of Supervisors.
5. Public
dedication. No road hereafter created
in the unincorporated area of Lee County shall become a part of any road
system as defined in Chapter 306, Code of Iowa; and no improvements shall be
made by Lee County, nor shall Lee County incur any expense for maintenance or
repair of roads or other facilities on land that has been subdivided after
the date of adoption of these regulations unless such subdivision and road or
other facility shall have been approved in accordance with the provisions of
these regulations and accepted as a public road or improvement.
6-1-3 Definitions. For use in this Ordinance, certain
terms or words used herein shall be interpreted or defined as follows:
1. "Alley": shall mean a public right-of-way, other
than a street affording secondary means of access of abutting property.
2. "Block": shall mean an area of land within a
subdivision that is entirely bounded by streets or highways, and/or the exterior
boundaries of the subdivision.
3. "Building
Lines": synonymous with
"setback lines", and shall mean a line on a plat between which line
and public right-of- way no buildings or structures may be erected.
4. "Board": shall mean the Board of Supervisors of Lee
County, Iowa.
5. "Cul-de-sac": shall mean a minor street having one end
open to traffic and terminated by a vehicular turn-around.
6. "Easement": shall mean a grant of the right to use a strip
of land for specific purposes by the general public, a corporation or certain
persons, and within the limits of which the owner or person in possession
shall not erect any permanent structures.
7. "Lot": shall mean a portion of a subdivision or
other parcel of land intended for the purpose, whether immediate or future,
or transfer of ownership or for building development.
8. "Major
Street": shall mean a street of
considerable continuity connecting various sections of the county and its
road system.
9. "Minor
Street": shall mean a street
which is used primarily for access to the abutting properties.
10. "Performance
Bond": shall mean a surety bond
or cash deposit made out to Lee County, Iowa, in an amount equal to the full
cost of the improvements which are required by this chapter, said cost
estimated by the county, and said surety bond or cash bond being legally
sufficient to secure the county that the said improvements will be
constructed in accordance with this Ordinance.
11. "Plat": shall mean a map, drawing or chart on
which the subdivider's plan of the subdivision of land is presented and which
he submits for approval and intends, in final form, to record.
12. "Subdivider": shall mean a person, firm, or corporation
undertaking the subdivision or resubdivision of a tract or parcel of land.
13. "Subdivision": shall mean the division of land into three
(3) or more lots or their division of land for the purpose, whether immediate
or future, of transfer of ownership or building development.
6-1-4 Procedure
for Approval. In obtaining
final approval of a proposed subdivision by the Board, the subdivider shall
submit a preliminary plat in accordance with the requirements hereafter set
forth. The owner of the tract of land
to be subdivided may request a meeting with the Lee County Board of Health,
Lee County Board of Supervisors, Lee County Engineer, Lee County Auditor, and
the Lee County Soil Conservation District for the purpose of discussing and
coordinating the requirements of a subdivision.
6-1-5 Preliminary
Plat Requirements. The
preliminary plat shall show the following information and shall be drawn to
scale of not less than one (1) inch to one hundred (100) feet and shall file
with the Board six (6) copies of a preliminary plat conforming to the
following requirements:
1. The title under
which the proposed subdivision is to be recorded, with the name and address
of owner and subdivider; also north point, scale, date, name and address of
surveyor and engineer.
2. The complete legal
description of the property to be platted.
3. Existing contour
intervals of not more than ten (10) feet, provided, however, that a minimum
of two (2) contours shall be shown on any plat.
4. The location of
property lines and all such surface features as buildings, railroads,
utilities, water courses, and similar items affecting the development. Also the location and size of such
subsurface features as existing or nearest available storm and sanitary
sewers, water mains, culverts, gas mains, above and below ground electric
transmission lines or cables, and drain tiles.
5. A vicinity
sketch at a scale of not more than five hundred (500) feet to the inch shall
be shown on or accompany the proposed plat.
This map shall show how streets and roads in the proposed subdivision
will connect with existing and proposed streets and roads in neighboring
subdivisions or undeveloped property, to produce the most advantageous
development of the entire area. This
sketch shall show the location of any nearby parks, schools, or other public
facilities that might be affected by the proposed subdivision.
6. All existing
adjacent subdivision, streets and tract lines or acreage parcels together
with the names of record owners of un-subdivided parcels of land immediately
adjoining the proposed sub- division and between it and the nearest existing
streets or roads.
7. Sites for
schools, parks or playgrounds proposed by the subdivider for public or
private use.
8. The fire
district or districts in which the land to be subdivided is located.
9. The location and
manner of providing water supply and sewage treatment facilities.
10. Streets on and
adjacent to the tract and their names, widths, approximate grades and other
dimensions as may be required.
11. Existing and
proposed easements and their locations, widths, and distances.
12. Acreage of the
land to be subdivided.
13. Present and
proposed utility systems, including sanitary and storm sewers, other drainage
facilities, water lines, gas mains, electric utilities, and other facilities,
with the size, capacity, invert elevation and location of each.
14. Proposed layout
of lots, showing numbers, dimensions, radii, chords and the square foot areas
of each.
15. A general
summary description of any protective covenants or private restrictions to be
incorporated in the final plat.
16. Proposed
location of sanitary sewer systems and outlets.
17. Soils
classification information for the land to be sub- divided.
A. 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. 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.
B. The platting of
half streets shall be discouraged.
Whenever there exists a dedicated or platted half street adjacent to
the tract to be subdivided, the other half of the street shall be platted.
C. Where the parcel
of land is subdivided into larger tracts than ordinarily used for building
lots, such parcel shall be divided so as to allow for the opening and the
ultimate extension of adjacent minor streets. Easements, providing for the future opening and extension of
such streets or thoroughfares may, at the discretion of the Board of
Supervisors, be made a requirement of the plat.
D. Where a
subdivision abuts or contains an existing or proposed major arterial street,
the Board may require a parallel access street, reverse frontage with screen
planting contained in a non- access reservation along the rear property
lines, deep lots with rear service alleys or such other treatment as may be
necessary for adequate protection of residential properties and to afford
separation of through and local traffic.
E. Streets with centerline offsets of less than one hundred and fifty (150) feet shall be avoided.
6-1-6 Street
Right-of-Way. The dedication
of right-of-way for streets measured from lot line to lot line shall meet the
following Minimum Right-of-Way widths:
Arterial Streets 80 - 120 feet
Residential Streets 66 feet
Alleys 20
feet
Collector Streets 80
feet
When the subdivision is
located on only one side of an existing street, one half (1/2) of the
required right-of-way, measured from the center line of the existing roadway
shall be dedicated.
6-1-7 Street
Grades and Elevations. Street
grades shall be 5% for Arterial Streets and 7% for Collector and Residential
Streets. All streets shall be
designated so as to provide for the discharge of surface water from the
pavement and from the right-of-way.
For adequate drainage the minimum street grade shall not be less than
one half (1/2) of one percent.
All streets must be
located at elevations which will make them flood free in order that portions
of the subdivision will not be isolated by floods. The Board of Supervisors may require profiles and elevations of
streets in order to determine the advisability of permitting the proposed
subdivision activity.
6-1-8 Design
Standards. The roadways with
an open ditch shall have a minimum service width of twenty-two (22) feet,
minimum shoulder width of four (4) feet, minimum foreslope of 2:1, and a
minimum ditch depth of two and one half (2-1/2) feet. Roads with a closed ditch shall have a
minimum width, back of curb to back of curb of thirty-two (32) feet with
storm sewers of adequate size. For
crushed stone services the minimum requirement shall be 1,800 ton per
mile. Portland Cement and Asphaltic
Concrete Pavement shall have a minimum of six (6) inch thickness.
6-1-9 Curves
in Streets. Horizontal and
Vertical
1. Horizontal
Curves:
a. A tangent at
least one hundred (100) feet long shall be introduced between reverse curbs
on arterial and collector streets.
b. Where there is a
deflection angle of more than ten (10) degrees in the alignment of a street,
a curve with a radius adequate to insure safe sight distance shall be
made. The minimum radii of curves
shall be:
Street
Type Minimum
Curve Radius
Arterial 300 feet
Collector 300 feet
Minor 100 feet
2. Vertical Curves:
a. Every change in grade
shall be connected by a vertical curve constructed so as to afford a minimum
sight distance of two hundred (200) feet, said sight distance being measured
from a driver's eyes, which are assumed to be four and one half (4-1/2) feet
above the pavement surface, to an object four (4) inches high on the
pavement. Profiles of all streets
showing natural and finished grades, drawn to an approved scale, shall be
required by the County Board of Supervisors.
6-1-10 Intersections.
1. Streets shall
intersect as nearly as possible at right angles, and no intersection shall be
at an angle of less than sixty (60) degrees.
2. Street curb
intersections shall be rounded by radii of at least twenty (20) feet. When the smallest angle of street
intersection is less than seventy-five (75) degrees, the Board of Supervisors
may require curb radii of greater length.
Whenever necessary to permit the construction of a curb having a
desirable radius without reducing the sidewalk at a street corner to less
than normal width, the property line at such street corner shall be rounded
or otherwise set back sufficiently to permit such curb construction.
3. No lot or other
parcel of and which abuts on and has access to either a collector or a minor
street shall have a service drive, curb cut, or other means of access to an
arterial street within seventy-five (75) feet of the right-of-way of any
street which intersects such arterial street on the side on which such lot or
parcel is located.
6-1-11 Alleys. Alleys of at least twenty (20) feet
in width to give access to the rear of all lots used for commercial and
industrial purposes. Alleys shall not
be provided in residential blocks except in cases where the subdivider
produces evidence of the need for alleys which is satisfactory to the Board
of Supervisors.
6-1-12 Frontage
or Marginal Access Streets. Where
the proposed subdivision abuts upon or contains an existing or proposed
arterial street or highway on which traffic volumes and vehicular speeds
warrant special safety consideration, the Board of Supervisors may require
that marginal access streets be provided in order that no lots front on such
existing or proposed arterial street or highway.
6-1-13 Dead-End
Streets (Cul-de-Sacs). Minor
terminal or dead- end streets or courts which are designed so as to have one
end permanently closed shall not be longer than five hundred (500) feet and
shall be provided at the closed end with a turnaround having a radius at the
outside of the pavement of at least fifty (50) feet and a radius at the outside
of the right-of-way of at least sixty (60) feet.
6-1-14 Street
Names. Proposed streets which
are obviously in alignment with other already existing and named streets
shall bear the names of such existing streets.
6-1-15 Blocks. No block shall be longer than one
thousand three hundred twenty (1,320) feet, or less than three hundred (300)
feet except as the Board of Supervisors deems necessary to ensure efficient
use of land or desired features of street layout.
6-1-16 Lots.
1. Relationship to
streets. All lots shall front a
public street road for a minimum distance of seventy-five (75) feet except
that lots which front on the turnarounds of permanent dead-end streets shall
front on such turnarounds for a minimum distance of twenty-five (25)
feet. In addition all lots that use
drainage fields for sewage disposal shall have sufficient usable treatment
and disposal area.
2. Arrangement. Each lot in a subdivision shall contain a
building site completely free from the danger of flooding.
3. Size &
Dimension. No lot shall be less than
50,000 square feet exclusive of easements of road right-of-way, no less than
100 feet deep.
4. Corner
lots. Corner lots shall be of such
width as to permit the maintenance of all yard requirements as required by
the ordinance, and minimum size required for adequate septic tank drainage in
accordance with approved and published Health Standards.
5. Reverse Frontage
Lots. Double frontage and reverse
frontage lots shall be avoided, except where their use will produce definite
advantages in meeting special situations in relation to topography, sound
site planning, and proper land use.
6. Lot Lines. In all lots so far as possible, the side
lines shall be at right angles to straight street lines or radial to curved
street lines, except where a variation of this rule will provide a better
street and lot layout.
6-1-17 Building
Line. No building shall be
built within fifty (50) feet of any public road right-of-way nor within ten
(10) feet of any side or rear lot line.
6-1-18 Public
Open Spaces. Where a school,
neighborhood park, recreation area, or public access to water frontage which
is shown on an official map or in a plan for future land use is located in
whole or in part in the applicant's proposed subdivision the Board of
Supervisors may require the dedication or reservation of such open space
within the proposed subdivision for school, park, recreation, or other public
purposes.
6-1-19 Improvements
Required. The subdivider shall
install and construct all improvements required by this chapter. All required improvements shall be
installed and constructed in accordance with the specification and under the
supervision of the Board and to its satisfaction.
1. Streets and
Alleys. All streets and alleys within
the platted area which are dedicated for public use shall be brought to the
grade approved by the Board after receiving the report of the County
Engineer.
2. Roadways. All roadways shall be surfaced with
Portland Cement concrete or with asphaltic concrete over a crushed stone base
or gravel at the option of the developer and with the approval of the Board.
3. Curb and
Gutter. Curb and gutter shall be
required on all streets when required by the county road specifications. If curb and gutter is required under this
section, road right-of-way for residential streets under Article VI, Section
2, may be reduced to fifty (50).
4. Sidewalks. Sidewalks may be required by the Board if
they are considered necessary for the general welfare and safety of the
community. Sidewalks shall be
constructed to the grade approved by the county after receiving the report
and recommendations of the County Engineer.
5. Utilities. The subdivider shall provide for each lot
within the subdivision adequate electrical service, adequate water supply,
sanitary sewer or private sewage system and disposal of storm water.
6-1-20 Completion
of Improvements. Before the
Board will approve the final plat, all of the foregoing improvements shall be
constructed and accepted by formal resolution of the Board. Before passage of said resolution of
acceptance, the County Engineer and Health Department shall report that said
improvements meet all specifications and ordinances or other requirements,
and any agreements between subdivider and the county.
6-1-21 Minimum
Number of Dwellings. A minimum
of five (5) residences, substantially completed and ready for occupancy, are
required along any subdivision road to be considered for acceptance into the
Lee County Secondary Road system.
6-1-22 Sanitary
Disposal Requirements. Where,
in the opinion of the Lee County Board of Health, a public sanitary sewer
system is reasonably accessible or available to the proposed subdivision, the
subdivider shall construct a subdivision sewer system to adequately serve all lots and connect the subdivision
to the public system after the Board of Supervisors has approved the size of
the lines. The owner(s) of the public
sanitary sewer system shall provide written agreement to permit the sewer
system of the proposed subdivision to be connected to their existing system.
Where lots in the
proposed subdivision cannot be served by the extension of an existing public
sanitary sewer, and individual on- site treatment systems are proposed, the
subdivider shall obtain approval for individual septic tanks and disposal
fields from the Lee County Board of Health.
When absorption fields are required, the subdivider shall furnish
on-site percolation test reports and soil classification showing degree of
suitability of soil for any such proposed system with the preliminary plat. The
percolation test report and soil classification shall be performed by a
registered engineer, licensed in the State of Iowa, and the proposed sewage
treatment facility shall be approved by a registered engineer in the State of
Iowa.
Individual on-site sewage
treatment facilities shall not outlet into the watersheds of man made natural
lakes, ponds or directly into any stream or river. Easements from adjoining downstream owners within five hundred
(500) feet of any outlet shall be obtained and attached to the preliminary
plat.
6-1-23 Water
Supply Requirements. Where in
the opinion of the County Health Department the public water supply is
reasonably accessible or available to the proposed subdivision, the
subdivider shall construct a complete water distribution system which shall
adequately serve all lots and which shall include appropriately spaced fire
hydrants, and this system shall be properly connected with the public water
supply. Where a public water supply
is not within a reasonable distance or otherwise unavailable, the subdivider
shall normally be required to construct a similar water distribution system
and connect it with an alternate supply approved by the County Board of
Health.
If the County Health Department approves the use of individual wells, lot
sizes shall meet its
approval.
6-1-24 Easements
Along Streams. Whenever any
stream or major surface water course is located in an area that is being
subdivided, the subdivider shall, at his own expense, make adequate
provisions for straightening, widening or otherwise improving the channel so
that it will properly carry the surface water. He shall also provide and dedicate to the county an easement
along each side of the stream, which each easement shall be for the purpose
of widening, improving, or protecting the streams. The width of such easement shall be adequate to provide for any
necessary channel relocation and straightening, but in no case shall such
easement be less than thirty (30) feet.
6-1-25 If the Board of Supervisors deems it
necessary for proper drainage within or through a subdivision, it shall
require that storm water easement or drainage right-of-way be provided.
6-1-26 The Lee County Flood Management Ordinance
is part of this Subdivision Ordinance.
6-1-27 Storm
Drainage. All necessary
improvements, including storm sewers or open drainage ditches, shall be made
to provide for the adequate disposal of storm water and to maintain any
natural drainage course. All
construction shall be in accordance with plans approved by the appropriate County
or City Engineer or by other officials having jurisdiction over a drainage district
or watershed district.
6-1-28 General
Requirements for Installation of Utilities.
The Board may require that all utility lines except electric
lines of nominal voltage in excess of 15,000 volts, be installed
underground. The subdivider shall be responsible
for making the necessary arrangements with the utility companies for
installation of such facilities. If
overhead utility lines or wires are permitted, they shall be placed in the
easements provided in the rear of the lots.
In their determination on whether or not to require underground
utilities, the Board may consider that soil, topographical or other
conditions make such installations within the subdivision unreasonable or
impractical.
Utilities shall be
provided in rear lot easements whenever possible. When it is necessary to install utilities in street
rights-of-way, the following requirements shall apply:
1. After grading is
completed and approved and before any pavement base is applied, all of the
in-street underground work (water mains, gas mains, etc., and all service
connections) shall be completely installed and approved through the length of
the street and across the flat section.
Where the utility mains are outside the pavement area, the subdivider
may be allowed to omit the installation of service connections provided that
at such time as these service connections are needed, they may be jacked
across the street without breaking or weakening the existing pavement.
2. Where rock is
known to exist beneath the pavement area and at such depth as to interfere
with the jacking of service connections, the complete installation of service
connections before any base is applied shall be required. In cases where underground utilities must
be provided within the right-of-way of streets, they should not be installed
under the paved portions of such streets.
6-1-29 Utility
and Drainage Easements. Except
where alleys are permitted for the purpose, the Board of Supervisors shall
require easements at least fifteen (15) feet in width centered along all rear
lot lines for poles, wires, conduit, storm sewers, sanitary sewers, gas
mains, water mains, heat mains, and other utility facilities. Where necessary or advisable in the
opinion of the Board of Supervisors, similar easements shall be provided
along side lot lines or across lots.
6-1-30 Action
or Preliminary Plat. The
preliminary plat upon filing with the Board of Supervisors shall be forwarded
to the County Engineer, County Auditor, County Recorder, and Board of Health
for approval by them. Said officials
and the Board of Supervisors shall carefully examine said preliminary plat as
to its compliance with the laws and regulations of Lee County and the State
of Iowa, its conformity with existing streets and road systems and County
Engineering procedures and shall within thirty (30) days, submit their
findings in duplicate, to the Board of Supervisors with a copy being sent to
the developer.
6-1-31 A copy of the Preliminary Plat shall be forwarded
to the Lee County Soil Conservation District for their review. Within the thirty (30) day time period set
forth in 6-1-1 above, the district will furnish the Board of Supervisors with
written recommendations covering the potential for each soil for the
specified land use. Conservation
practices necessary to control water run-off and soil erosion (wind and
water) during development and on the finished site will be a part of the
written recommendations. A copy of
these recommendations will be forwarded to the developer upon receipt by the
Board of Superviso | 
SERVICES & INFORMATION