Chapter 24.10 Subdivision Platting


Section 24.10.040 Final plat procedures.

    1. Submission requirements for a final plat.  The subdivider shall prepare and file with the planning division a final plat and supportive materials in accordance with the standards for a subdivision plat in sections 354.6, 354.11 and 355.8 of the 2001 Code of Iowa  which shall include:
        a. A completed application for approval of a final plat;
        b. A nonrefundable filing fee, as established by resolution of the city council, to defray administrative costs;
        c. Twenty-four copies of a final plat in a size acceptable to the county recorder containing the following:
            (1) A title in the form of “ Final Plat of (proposed name of the subdivision)” .  The name of the subdivision shall not duplicate the name of any existing subdivision in the county, except that successive adjacent final plats of a coordinated development may carry the same name distinguished by ordinal numbering.  Re-subdivisions shall be labeled as such in a subtitle.
            (2) A legal description of the property with reference to monuments for two U.S. public land survey corners or two corners of a recorded subdivision and a statement of the area of the property rounded to the nearest 0.01 acre.
            (3) A certificate of the land surveyor who prepared the plat stating that it was prepared under his direction and that it conforms with the requirements of Chapter 355 of the 2001 Code of Iowa.
            (4) Names, addresses and telephone numbers of the owner, subdivider, and land surveyor.
            (5) North arrow and graphic scale.
            (6) An accurate map of the final plat drawn at a scale of 1 inch equals 100 feet unless a different scale has been approved by the planning director.  The map shall include:
                (A) A layout in plan view of the subdivision, which illustrates the layout of lots, outlots, blocks, rights-of-way and easements.  All dimensions necessary for locating said lots, outlots, rights-of-way, easements and monuments shall be shown in measurements accurate to the nearest 0.01 foot and to the nearest second of angular measurement.  Curve data shall be shown either in tabular form or radius dimensions on the map.
                (B) The location and description of all benchmarks and monumentation of lot corners.
                (C) Street names.  Street names shall be chosen to avoid confusion in sound and spelling with other street names in Sioux City and nearby jurisdictions.
                (D) The layout of lots and streets and the name of adjacent subdivisions and developments shall be shown in relation to the subdivision in dotted or dashed lines.
        d. The following documents required in the section 354.11 of the 2001 Iowa Code for recording a subdivision shall either accompany or be on the face of the final plat in a form acceptable to the county recorder:
            (1) The consent of the owners to the platting including any dedication of land to public use.
            (2) The consent of any mortgage or lien holders to the platting.  
            (3) An attorney’ s title opinion regarding the land being platted.
            (4) A certified resolution of the city council either approving the plat or waiving the right to review the plat.
            (5) A certificate of the county treasurer stating that the land is free from certified taxes and either free from special assessments or that the special assessments are secured by bond.
            (6) A certificate noting approval by the county auditor or designee of the name or title of the subdivision.

        e. The following documents shall either accompany or be on the face of the plat or the city council shall not approve nor certify approval of a final plat:
            (1) For a minor subdivision, a certified resolution of the planning and zoning commission stating its recommendation on the plat.
            (2) For extraterritorial subdivisions plats, an agreement signed by the property owner, binding future owners to petition for voluntary annexation of the property at such time as annexation becomes permissible under the Code of Iowa.
            (3) A certification by the city engineering division that:  
                (A) Required public improvements conforming to the city’ s standards have been installed, inspected and maintenance assured, or
                (B) Required public improvements shall be installed pursuant to an agreement and security provided by the subdivider.
        f. Flood hazard addendum.  
            (1) If any part of a subdivision is located in a flood plain as defined in chapter 25.86 or by a flood insurance rate map (FIRM) published by the Federal Emergency Management Agency a flood hazard addendum shall be filed and recorded with the final plat.  A statement acknowledging that a flood hazard addendum exists shall be on the face of the final plat.
            (2) The form of the flood addendum shall be a duplicate of the final plat with an indication by patterns or lines and annotations of the boundaries of the flood plain and the base flood elevation.  
            (3) The date of the flood hazard determination shall be indicated.
        g. Fill addendum.
            (1) If the construction of the subdivision involves the placement of fill in excess of five feet in depth on any part of the subdivision; or if fill is known to have been placed within the area of the subdivision to a depth in excess of five feet within ten years preceding the construction of the subdivision, a fill addendum shall be filed and recorded with the final plat.  A statement acknowledging that a fill addendum exists shall be on the face of the final plat.
            (2) The form of the fill addendum shall be a duplicate of the grading plan with indications by patterns or lines and annotations of the location, type, depth and compaction, if known, of fill on the property.
            (3) The fill addendum shall include a certificate of a professional engineer who designed or supervised the grading project indicating the characteristics of the fill or the results of professionally competent soil testing.
        h. Any graphic materials prepared on computer aided drafting systems shall also be submitted on electronic media.
    2. Procedure for review of final plats.  Minor subdivisions do not require a preliminary plat, but the final plat does require a review and recommendation by the planning and zoning commission.  Major subdivision final plats that conform to an approved preliminary plat do not require a review and recommendation by the planning and zoning commission.
        a. Minor subdivisions:
            (1) Distribution.  The planning division shall distribute copies of the final plat to the planning and zoning commission, the appropriate city departments and public utilities.  
            (2) Staff review.  The appropriate city departments shall review the final plat and prepare reports of their findings and comments to planning and zoning commission prior to the public hearing on the final plat.  
            (3) Planning and zoning commission review.
                (A) Public hearing.  The planning and zoning commission shall conduct a public hearing on a final plat for a minor subdivision.  Notice of the date, time and location of the hearing will be mailed to the owners of all property within 200 feet for the subject property not less than four nor more than twenty days prior to the date of the hearing.  
                (B) Review.  The planning and zoning commission shall review the final plat and the staff reports and other information presented to determine whether the plat conforms to the ordinances, general plan and other policies of the city.  Within 45 calendar days from of the filing of the final plat, the planning and zoning commission shall forward a report of its finding and a recommendation to the city council.  The recommendation shall be in the form of a resolution to be certified as part of the final plat materials.  A copy of the report and the resolution shall also be forwarded to the property owner, the subdivider and the land surveyor for the subdivision.
            (4) City council review.  The city council shall review the final plat, the staff reports, the report and recommendation of the planning and zoning commission and any other information to determine whether the final plat conforms to the ordinances, the general plan and other policies of the city.  Within 20 days from the receipt of the planning commission report and recommendations, the city council shall approve, approve with conditions, or disapprove of the plat; however, the council may table the matter with the consent of the subdivider.  An approval shall be in the form of a resolution to be certified as part of the final plat.
        b. Major subdivision final plat.  Major subdivision final plats that conform to an approved preliminary plat do not require a review and recommendation by the planning and zoning commission., Distribution, review and approval processes for major subdivision final plats that do not conform to an approved preliminary plat shall be the same as for a minor subdivision pursuant to subsection 2.a. above.
            (1) Distribution.  The planning division shall distribute final plat materials to the city council, appropriate city departments and public utilities.
            (2) Staff review. The appropriate city departments shall review the final plat and prepare reports of their findings and comments to the city council at least one week prior to city council consideration of the final plat.  The staff review shall address:
                (A) Conformance of the final plat with the approved preliminary plat, and the ordinances, general plan and other policies of the city.
                (B) That public improvements and facilities required for the subdivision have been designed in conformance with the requirements of the Sioux City Design Standards Manual and have either been installed or installation has been guaranteed by agreements with adequate assurances of performance as provided in section 24.10.050-5.
            (3) City council review.  The city council shall review the final plat, the staff reports and any other information to determine whether the final plat conforms to the approved preliminary plat and the ordinances, the general plan and other policies of the city.  Within 20 days from the receipt of the staff reports, the city council shall approve, approve with conditions, or disapprove of the plat; however, the council may table the matter with the consent of the subdivider.  An approval shall be in the form of a resolution to be certified as part of the final plat materials.
    3. Recording.  Upon approval of the final plat, the certifications of the resolutions of the planning commission, if any, and the city council shall be executed on originals of the final plat documents in a form acceptable to the county recorder and returned to the subdivider.  The subdivider shall then proceed with the other steps required under the 2001 Code of Iowa to complete the process of recording the final plat of the subdivision. (Ord. 2007-08 38 , 2003-0437; 2001-0849)