166.01 PURPOSE.
The purpose of this chapter is to provide subdivision regulations for the orderly development of the City.
Municipal Code
Chapter 166 – Subdivision Regulations
Regulations governing the orderly subdivision of land within the City of Lenox, including platting authority, preliminary and final plat procedures and specifications, design requirements, street and lot standards, certifications, performance bonds, and amendment procedures.
Chapter 166
Subdivision Regulations
Chapter Contents
166.01 Purpose
166.23 Street Names
166.02 Definitions
166.24 Street Jogs
166.03 Platting Authority
166.25 Cul-de-sacs
166.04 Use of Plat
166.26 Alleys
166.05 Opening and Improving Public Streets
166.27 Easements
166.06 Erection of Buildings
166.28 Street Right-of-way Widths
166.07 Pre-Application Procedure
166.29 Street Pavement or Blacktop Widths
166.08 Application for Preliminary Plat Approval
166.30 Street Grades
166.09 Review of Preliminary Plat
166.31 Horizontal Curvature
166.10 Preliminary Plat Specifications
166.32 Tangents
166.11 Final Plat Procedure
166.33 Street Intersections
166.12 Review of Final Plat
166.34 Curb Line Radius
166.13 Recording of Final Plat
166.35 Block Lengths and Widths
166.14 Final Plat Specifications
166.36 Lot Sizes
166.15 Engineer's or Surveyor's Certification
166.37 Lot Lines
166.16 Owner's Certification
166.38 Building Lines
166.17 Certification of Improvements
166.39 Lots Abutting Public Streets
166.18 Certification of Dedication
166.40 Double and Reverse Frontage Lots
166.19 Copy of Official Action by Council
166.41 Public Utilities and Streets
166.20 Certificate of Approval of Final Plat
166.42 Performance Bond
166.21 General Design Requirements
166.43 Amendments
166.22 Continuation of Existing Streets
166.44 Chain Subdividing
166.02 DEFINITIONS.
For the purpose of interpreting this chapter, certain terms are defined as follows:
1. "Commission" or "Planning Commission" means the Lenox Planning and Zoning Commission.
2. "Easement" means a grant by the property owner of the use, for a specific purpose or purposes, of a strip of land by the general public, utility companies or private individuals.
3. "Lot" means a parcel of land occupied or intended for occupancy by a building together with its accessory buildings, including open space for light and air as required by the zoning ordinance.
4. "Open space – public" means land which may be dedicated or reserved for acquisition for general use by the public, including parks, recreation areas, school sites, community or public building sites, and other lands for public uses.
5. "Secretary of Planning and Zoning Commission" means the City Clerk.
6. "Street" means a way for vehicular traffic, whether designated as an avenue, boulevard, road, highway, expressway, lane, alley or other way. For the purpose of this chapter "streets" are divided into the following categories:
A. Major streets and highways are those which are used primarily for fast or heavy through traffic.
B. Collector streets are those which provide for traffic movement between major streets and highways and local streets including principal entrance streets of residential developments and streets for circulation within such developments.
C. Local streets are those used primarily to provide direct access to individual lots and for local traffic movements.
D. Alleys are passageways affording generally secondary means of vehicular access to abutting properties and not intended for general traffic circulation.
E. Cul-de-sacs are neighborhood streets with only one outlet, sometimes called "dead-end streets," having a vehicular turn-around at the terminated end.
7. "Subdivision" means the division of a parcel of land into three (3) or more lots, or other subdivisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
166.03 PLATTING AUTHORITY.
The Planning Commission is the official platting authority, and no plat of land subdivision lying within the City shall be filed or recorded by the appropriate County Recorder unless the plat has been endorsed by the Planning Commission. The filing or recording of a plat of a subdivision without the approval of the Planning Commission as required by this chapter is declared to be a misdemeanor, punishable by law.
166.04 USE OF PLAT.
The transfer of, sale of, agreement to sell or negotiation to sell land by reference to or exhibition of or other use of a subdivision that has not been given final approval by the Commission and recorded in the office of the County Recorder is prohibited, and the description by metes and bounds in the instrument of the transfer or other document shall not exempt the transaction from such penalties.
166.05 OPENING AND IMPROVING PUBLIC STREETS.
The City Council shall not accept, lay out, open, improve, grade, pave or light any street or lay any utility lines in any street, which has not attained the status of a public street prior to the effective date of this chapter, unless such street corresponds to the street location shown on an approved subdivision plat or on an official street map adopted by the Planning Commission. The Council may accept, lay out, open and improve any street not so platted after review and comment by the Commission on such action.
166.06 ERECTION OF BUILDINGS.
No building permit shall be issued and no building shall be erected on any lot in the City unless the street giving access thereto has been accepted as a public street in accordance with this chapter, or unless such street has been accepted as a public street prior to the effective date of this chapter.
166.07 PRE-APPLICATION PROCEDURE.
Whenever a subdivision of a tract of land within the City is proposed, the subdivider is urged to consult early and informally with the Secretary or a designated member of the Planning Commission. The subdivider may submit comprehensive plans and data showing existing conditions within the site and in its vicinity and the proposed layout and development of the subdivision. No fee shall be charged for that pre-application review and no formal application is required.
1. The purpose of the pre-application review is to afford the subdivider an opportunity to avail himself or herself of the advice and assistance of the Planning Commission in order to facilitate the subsequent preparation and approval of plans. At this stage, the subdivider should also consult with any lending institution that will be participating in the financing of the proposed development and with the Federal Housing Administration of the Housing and Home Finance Agency that may be insuring mortgages on houses that may be built in this land subdivision.
2. The various plat reviews required by this chapter may properly be made by the Secretary or a designated member of the Planning Commission, except in cases of conflict or unusual and difficult problems. Approval or disapproval in every case must be by action of the Commission.
166.08 APPLICATION FOR PRELIMINARY PLAT APPROVAL.
Following the pre-application review of a proposed subdivision, the subdivider shall submit to the Chairperson of the Planning Commission, at least fifteen (15) days prior to the next regular meeting of the Commission, the following:
1. A letter requesting review and approval of a preliminary plat and giving the name and address of a person to whom the notice of the hearing by the Planning Commission on the preliminary plat shall be sent.
2. Five (5) copies of the preliminary plat and other documents, as specified in Section 166.10, said five copies to provide a review and record copy for the Planning Commission, subdivider, Zoning Administrator, City maintenance department and County health office.
3. A preliminary plat filing fee for the cost to the City for an engineer study of the preliminary plat as presented for review and approval.
166.09 REVIEW OF PRELIMINARY PLAT.
The Planning Commission shall check the plat for conformance to the rules and regulations of this Code of Ordinances and shall afford a hearing on the preliminary plat, notice of the time and place of which shall be sent by the Secretary of the Commission by registered or certified mail to the person designated in the letter requesting preliminary plat review and approval, not less than five (5) days prior to the date of the hearing. Thereafter, the Commission shall give tentative approval or disapproval to the preliminary plat. A notation of the action shall be made on two copies of the preliminary plat, including a statement of the reasons for disapproval if the preliminary plat is disapproved. One copy shall be returned to the subdivider or agent and one copy added to the records of the Planning Commission. Tentative approval of a preliminary plat does not constitute approval of the final plat. It indicates only approval of the layout as a guide to the preparation of the final plat. Tentative approval shall expire and be null and void after a period of one year unless an extension of time is applied for by the subdivider and approved by the Commission. If action on a preliminary plat is not taken by the Planning Commission within sixty (60) days of the date of the submittal, the preliminary plat shall be considered approved and a certificate of approval may waive this requirement and consent to an extension of time.
166.10 PRELIMINARY PLAT SPECIFICATIONS.
1. Scale. The preliminary plat shall be clearly and legibly drawn at a scale not smaller than one hundred feet to one inch (100' = 1").
2. Sheet Size. Sheet size shall be 20 x 20 inches, or shall be the sheet size required by the County Recorder for recording purposes. If the complete plat cannot be shown on one sheet of this size, it may be shown on more than one sheet with an index map on a separate sheet of the same size.
3. Ground Elevations. The preliminary plat shall show ground elevations, based on the datum plane of the U.S. Coast and Geodetic Survey or a datum plane approved by the City Engineer as follows:
A. For land with slopes less than approximately two percent (2%) show spot elevations at all breaks in grade, along all drainage channels or swales, and at selected points not more than 100 feet apart in all directions.
B. For all slopes more than approximately two percent, if the ground slope is irregular, show contours with an interval of not more than two feet. If the ground slope is regular, show contours with an interval of not more than five feet.
C. A tie to one or more bench marks shall be shown.
4. Information to be Provided on Preliminary Plat. The preliminary plat shall contain the following information:
A. Title.
B. Name and address of owner of record and of subdivider.
C. Proposed name of subdivision and its acreage.
D. North point and graphic scale and date.
E. Vicinity map showing location and acreage of subdivision.
F. Exact boundary lines of the tract by bearing and distance.
G. Names of owners of record of adjoining land.
H. Existing streets, utilities, and easements on and adjacent to the tract.
I. Proposed design including streets and alleys with proposed street names, lot lines with approximate dimensions, easements, land to be reserved or dedicated for public uses, and any land to be used for purposes other than single family dwellings.
J. Block numbers and lot numbers.
K. Provisions for water supply, sewerage and drainage.
L. Minimum building front yard setback lines.
M. Such street cross-section and centerline profiles as may be required by the City.
N. Present zoning classification.
166.11 FINAL PLAT PROCEDURE.
After the preliminary plat of a proposed subdivision has been given tentative approval by the Planning Commission, the subdivider may, within one year from tentative approval, submit to the Planning Commission:
1. A letter requesting review and approval of a final plat, giving the name and address of the person to whom the notice of the hearing by the Planning Commission on the final plat shall be sent.
2. Five copies of the final plat and other documents, as specified heretofore plus the original which shall be drawn in permanent ink on permanent reproducible material, equal to the standards required by the County Recorder. The five copies required shall be used: one plat for the files of the County Recorder, one copy for the Planning Commission, one copy for the Council, one copy for the City Clerk and one copy for return to the subdivider with certificate of approval of the Planning Commission thereon.
3. A final plat filing fee of $25.00 and a recording fee of $2.50 for each page to be recorded.
166.12 REVIEW OF FINAL PLAT.
The Planning Commission shall check the final plat for conformance with the tentatively approved preliminary plat, and with the rules and regulations of this chapter, and shall afford a hearing on the final plat, notice of the time and place of which shall be sent by the Secretary of the Planning Commission by registered or certified mail to the person designated in the letter requesting final review and approval, not less than five (5) days prior to the date of the hearing. Thereafter, the Planning Commission shall approve or disapprove the final plat. A notation of the action of the Planning Commission shall be made on the original drawing and all copies of the final plat including a statement of the reasons for disapproval if the final plat is disapproved. If action on a final plat is not taken by the Planning Commission within sixty (60) days of the date of submittal, the final plat shall be considered approved and a certificate of approval shall be issued on demand. However, the applicant for approval may waive this requirement and consent to an extension of time.
166.13 RECORDING OF FINAL PLAT.
Upon approval of a final plat, the Chairperson of the Planning Commission shall have the final plat recorded by the appropriate County Recorder. The subdivider shall be responsible for the payment of the recording fee at the time of submitting the final plat as provided in Section 166.11(3).
166.14 FINAL PLAT SPECIFICATIONS.
The final plat shall conform to and meet the specifications of the preliminary plat set out in subsections 1, 2 and 4, paragraphs A-D, F and H of Section 166.10 with the following additions:
1. Bearings and distances to the nearest existing street lines or bench marks or other permanent monuments (not less than three) shall be accurately described on the plat.
2. Municipal, County and land lot lines accurately tied to the lines of the subdivision by distance and angles when such lines traverse or are reasonably close to the subdivision.
3. Exact boundary lines of the tract, determined by an engineering field survey, giving distances to the nearest one-tenth foot and angles to the nearest minute, which shall be balanced and closed with an error closure not to exceed one to five thousand.
4. Name of subdivision, exact location, widths, and names of all streets and alleys within and immediately adjoining the tract.
5. Street centerlines showing angles of deflection, angles of intersection, radii and lengths of tangents.
6. Lot lines with dimensions to the nearest one-tenth foot and bearings.
7. Lots numbered in numerical order and blocks lettered alphabetically.
8. Location, dimensions and purposes of any easements and any areas to be reserved or dedicated for public use.
9. Accurate location, material and description of existing and proposed monuments and markers.
10. A statement, either directly on the plat or in an identified attached document, of any private covenants.
166.15 ENGINEER'S OR SURVEYOR'S CERTIFICATION.
An engineer's or surveyor's certification shall be placed directly on the final plat as follows:
It is hereby certified that this plat is true and correct and was prepared from an actual survey of the property by me or under my supervision; and that all monuments shown hereon actually exist or are marked as "Future," and their location, size, type and material are correctly shown; and that all engineering requirements of the subdivision regulations of the City of Lenox, Iowa, have been fully complied with.
166.16 OWNER'S CERTIFICATION.
An owner's certification shall be placed on the final plat, as follows:
The owner of the land shown on this plat and whose name is subscribed hereto, in person or through a duly authorized agent, certifies this plat was made from an actual survey, that all State, City and County taxes or other assessments now due on this land have been paid.
166.17 CERTIFICATION OF IMPROVEMENTS.
The City Clerk or other responsible official shall certify that the streets, drainage, utilities and other improvements indicated on the plat have been completed to proper specifications and per design standards. Where the required improvements have not been completed, the City Attorney shall certify that approved bond or security has been posted to insure their completion. Where septic tanks are to be used in lieu of public sewage, the County health officer or local health authority shall certify that adequate septic tanks have been installed to specifications and that lot areas shown on the plat are adequate to accommodate individual septic tanks.
166.18 CERTIFICATION OF DEDICATION.
A certification by the owner setting forth the description of the areas and improvements the owner dedicates to the public and the extent of the title which the owner is dedicating should be attached to the final plat. This certificate must be approved as to form by the City Attorney.
166.19 COPY OF OFFICIAL ACTION BY COUNCIL.
A copy of the resolution adopted by the Council accepting streets, improvements, easements, and any other property dedicated by the owner for public use, as indicated on the final plat, shall be attached to the final plat before recording.
166.20 CERTIFICATE OF APPROVAL OF THE FINAL PLAT.
The Chairman of the Planning Commission shall include a certificate of approval of the final plat directly on the plat, as follows:
All requirements of approval having been fulfilled pursuant to the subdivision regulations of the City of Lenox, Iowa, this final plat was given final approval by the Lenox Planning and Zoning Commission effective ________________, _____.
Dated _________ ______________________________________
Chair, Lenox Planning and Zoning Commission
166.21 GENERAL DESIGN REQUIREMENTS.
1. Suitability of Land. Land subject to flooding, improper drainage, erosion or that is, for topographical or other reason, unsuitable for residential use shall not be platted for residential use or for any other use that will increase the danger to health, safety, or of property destruction, unless the hazards can be and are corrected.
2. Name of Subdivision. The name of the subdivision must have the approval of the Planning Commission. The name shall not duplicate or closely approximate the name of an existing subdivision.
3. Access. Access to every subdivision shall be provided over a public street.
4. Conformance to Adopted Major Thoroughfare and Other Plans. All streets and other features of the major thoroughfare plan of the City shall be platted by the subdivider in the location and to the dimensions indicated on the major thoroughfare plan adopted by the Planning Commission. When features of other plans adopted by the Planning Commission (such as schools or other public building sites, parks, or other land for public uses) are located in whole or in part in a land subdivision, such features shall be either dedicated or reserved by the subdivider for acquisition within a reasonable time by the appropriate public agency. Whenever a plat proposes the dedication of land to public uses that the Planning Commission finds not required or suitable for such public use, the Commission shall refuse to approve the plat and shall notify the Council of the reasons for such action.
The requirements of this chapter may be modified in the case of a large scale community or neighborhood units, such as a housing project or shopping center which is not subdivided into customary lots, blocks and streets, if the development is approved by the Planning Commission and if it is in conformity with the purpose and intent of this chapter.
166.22 CONTINUATION OF EXISTING STREETS.
Existing streets shall be continued at the same or greater width, but in no case less than the required width.
166.23 STREET NAMES.
Street names shall require the approval of the Planning Commission. Streets that are obviously in alignment with streets already existing and named shall be given the name of the existing street. Names of new streets shall not duplicate or closely approximate those of existing streets.
166.24 STREET JOGS.
Street jogs with centerline offsets of less than 125 feet shall not be permitted.
166.25 CUL-DE-SACS.
Except where topographic or other conditions make a greater length unavoidable, cul-de-sacs, or dead-end streets, shall not be greater in length than five hundred (500) feet. They shall be provided at the closed end with a turnaround having a property line radius of at least fifty (50) feet with an outside pavement radius of at least forty (40) feet.
166.26 ALLEYS.
Alleys may be required at the rear of all lots used for multi-family, commercial or industrial developments but shall not be provided in one and two-family residential developments unless the subdivider provides evidence satisfactory to the Planning Commission of the need for alleys.
166.27 EASEMENTS.
Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. Utility easements shall be provided as required and as approved by the Planning Commission.
166.28 STREET RIGHT-OF-WAY WIDTHS.
Street right-of-way widths shall be as follows, unless the Planning Commission recommends and the Council approves other widths:
| Street Type | Minimum Width |
|---|---|
| Major streets and highways | 80 feet |
| Collector streets | 60 feet |
| Local streets | 50 feet |
| Cul-de-sac turnaround | 100 feet diameter |
| Alleys | 20 feet |
166.29 STREET PAVEMENT OR BLACKTOP WIDTHS.
Street pavement or blacktop widths shall be as follows, unless the Planning Commission recommends and the Council approves other widths:
| Street Type | Minimum Pavement Width |
|---|---|
| Major streets and highways | 44 feet |
| Collector streets | 31 feet |
| Local streets | 27 feet |
| Alleys (commercial/industrial) | 20 feet |
| Alleys (residential) | 16 feet |
166.30 STREET GRADES.
Street grades shall not exceed the following, unless the Planning Commission recommends and the Council approves other grades: Major streets and highways — 5%; Collector streets — 7%; Local streets — 12%. No street grade shall be less than one-half of one percent (0.5%). Grades within 100 feet of an intersection shall not exceed 4%.
166.31 HORIZONTAL CURVATURE.
The minimum radii of curvature on the centerline for the various street types shall be: Major streets and highways — 500 feet; Collector streets — 300 feet; Local streets — 100 feet.
166.32 TANGENTS.
Between reversed curves on major streets and highways, there shall be a tangent of not less than 200 feet; for collector streets, 100 feet; and for local streets, 50 feet.
166.33 STREET INTERSECTIONS.
Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than eighty (80) degrees. Not more than two (2) streets shall intersect at any one point. Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersection on the opposite side of such street.
166.34 CURB LINE RADIUS.
The minimum curb line radii at street intersections shall be: at intersections involving major streets — 25 feet; at intersections involving collector streets — 20 feet; at intersections involving local streets — 15 feet.
166.35 BLOCK LENGTHS AND WIDTHS.
Block lengths shall not exceed one thousand three hundred twenty (1,320) feet or be less than three hundred (300) feet. Block widths shall be sufficient to allow two (2) tiers of lots of minimum depth, except where abutting on major streets or highways, prevented by topographical conditions, or where it is found to be impracticable to secure a redesign. Pedestrian crosswalks, not less than ten (10) feet in width, shall be required through the center of blocks more than nine hundred (900) feet in length where deemed necessary to provide pedestrian circulation or access to schools, playgrounds, shopping centers, transportation, and other community facilities.
166.36 LOT SIZES.
Lot sizes shall conform to the zoning requirements of Chapter 165 of the Code of Ordinances. Residential lots shall have a minimum depth of one hundred (100) feet and a minimum width of fifty (50) feet at the building setback line. Corner lots shall have extra width to permit the appropriate building setback from and orientation to both streets.
166.37 LOT LINES.
Insofar as practicable, side lot lines shall be at right angles to straight street lines and radial to curved street lines. Such lot lines shall not deviate from right angles or radials by more than ten (10) degrees.
166.38 BUILDING LINES.
Building lines not less than twenty-five (25) feet back from the street right-of-way line, or as required by the zoning ordinance, whichever is greater, shall be established on all lots. See Section 165.12.
166.39 LOTS ABUTTING PUBLIC STREETS.
Every lot shall abut upon a public street which has been accepted or dedicated and approved by the Planning Commission.
166.40 DOUBLE AND REVERSE FRONTAGE LOTS.
Double frontage and reverse frontage lots shall be avoided, except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten (10) feet, and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use.
166.41 PUBLIC UTILITIES AND STREETS.
Sanitary sewers, storm sewers, water mains and other public utilities, and all streets shall be constructed in accordance with the standard specifications as approved by the City. All improvements shall be installed at the expense of the subdivider and shall become property of the City upon acceptance by the Council.
166.42 PERFORMANCE BOND.
In lieu of the completion of improvements and utilities required before the Planning Commission approves the final plat and before the Council accepts the dedication of streets and utilities, the subdivider may post with the City a performance bond, cashier's check, or certified check to insure the actual construction and installation of such improvements and utilities within two (2) years from the date of recording of the final plat. The amount of such bond or deposit shall be determined by the City and shall be sufficient to cover the cost of such construction and installation. The bond shall be conditioned upon the faithful performance of the required improvements within the prescribed time limit. The City shall use the proceeds of such bond or deposit for the completion of improvements should the subdivider default.
166.43 AMENDMENTS.
These subdivision regulations may be amended by following the same procedure as that prescribed in Chapter 165 for amendments to the zoning ordinance, except that the Planning Commission may initiate and adopt amendments to these regulations on its own motion, subject to approval by the Council.
166.44 CHAIN SUBDIVIDING.
No subdivision of land shall be approved if the Planning Commission finds that the applicant or owner has previously subdivided land in the City and has failed to comply with these regulations or has failed to install required improvements after approval of a previous subdivision.