Details for SCOTT CO AUDITOR-legal - Ad from 2021-04-03

SCOTT COUNTY ORDINANCE NO. 21-04 AN ORDINANCE TO REPEAL CHAPTER 9 OF THE SCOTT COUNTY CODE AND ADOPT A NEW CHAPTER 9 WHICH ADOPTS UPDATES AND AMENDMENTS TO SUBDIVISION REGULATIONS IN THE UNINCORPORATED AREAS OF SCOTT COUNTY BE IT ENACTED BY THE BOARD OF SUPERVISORS OF SCOTT COUNTY IOWA: Section 1. Repeal all of Chapter 9, SCOTT COUNTY CODE, 2008. Section 2. Adopt a new Chapter 9, SCOTT COUNTY CODE, which reads as follows: SCOTT COUNTY CODE CHAPTER 9 SUBDIVISION ORDINANCE SECTIONS: PAGE 9-1. TITLE 2 9-2. PURPOSE 2 9-3. GENERAL JURISDICTION 2 9-4. INTERPRETATION, CONFLICT AND SEVERABILITY 3 9-5. DEFINITIONS 3 9-6. EXEMPTIONS 7 9-7. PLATS IN UNINCORPORATED AREAS WITHIN TWO (2) MILES OF THE CORPORATE LIMITS OF CITIES (OR INCORPORATED AREAS) 8 9-8. SUBDIVISION CLASSIFICATION 8 9-9. PLAT OF SURVEY SUBMITTAL 9 9-10. MINOR PLAT SUBMITTAL 9 9-11. MAJOR PLAT SUBMITTAL 11 9-12. SKETCH PLAN DISCUSSION (MAJOR PLAT) 11 9-13. PRELIMINARY PLAT SUBMITTAL (MAJOR PLAT) 12 9-14. PRELIMINARY PLAT REVIEW AND APPROVAL (MAJOR PLAT) 13 9-15. FINAL PLAT SUBMITTAL (MINOR AND MAJOR PLATS) 14 9-16. FINAL PLAT REVIEW AND APPROVAL 16 9-17. STANDARD FOR DESIGN AND DEVELOPMENT 18 9-18. IMPROVEMENTS OR BOND REQUIRED 25 9-19. REQUIRED IMPROVEMENTS 26 9-20. VARIATIONS AND EXCEPTIONS PERMITTED 28 9-21. LIMITATIONS 28 9-22. APPROVAL REQUIRED 28 9-23. CONDITIONAL APPROVAL 28 9-24. AMENDMENTS 28 9-25. ENFORCEMENT 29 9-26. MUNICIPAL INFRACTION 29 9-27. FEES 29 APPENDIX I 30 Adopted: November 15, 1979, Amended/Replaced: March 4, 1982, December 18, 1986, December 17, 1992, December 22, 1998, April 25, 2002, March 11, 2003, July 10, 2008 (SUDAS adopted), March 18, 2021. SEC. 9-1. TITLE This Chapter may be known and cited as the “Subdivision Ordinance” of Scott County, Iowa. SEC. 9-2. PURPOSE A. To provide for accurate, clear, and concise legal descriptions of real estate in order to prevent, wherever possible, land boundary disputes or real estate title problems. B. To encourage orderly development in unincorporated Scott County and provide for the regulation and control of the extension of public and private improvements and public services; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; to provide for the improvement of land, and the design of subdivisions, consistent with the goals, objectives and policies set forth in the Scott County Comprehensive Plan. C. To provide for a balance between the land use rights of individual landowners and the economic, social, and environmental concerns of the public when Scott County is reviewing proposed development, or enforcing land use regulations that will enable Scott County to encourage efficient, yet attractive, urban development patterns; to provide for the residential and business needs of the County through new and re-platted subdivisions; to preserve the availability of agricultural land; to protect soil from wind and water erosion; and to protect environmentally sensitive areas from degradation. D. To ensure that all subdivisions of land in unincorporated Scott County are reviewed in a consistent manner and to ensure that divisions of land do not escape review simply because they occur one division at a time or are performed to accord with legal proceedings, orders or testamentary dispositions. SEC. 9-3. GENERAL JURISDICTION Scott County hereby implements the authority granted counties to regulate the division of land as authorized by Chapter 354, Code of Iowa. It shall be unlawful for any person who has equitable or legal title to or any executor or administrator exercising possession or control over real estate located in unincorporated Scott County to divide the parcel of real estate into two or more smaller parcels or lots unless by a plat in accordance with this Chapter. The plat shall be submitted to the Scott County Board of Supervisors or its designee for approval or disapproval. No plat shall be recorded, no lots sold, and no land dedicated to the County unless and until approved as herein provided. SEC. 9-4 INTERPRETATION, CONFLICT AND SEVERABILITY A. In their interpretation and application, the provisions of this ordinance shall be held to be uniformly applicable minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and welfare. B. Where this Chapter conflicts with another law or administrative rule of the State or Federal Government, the provision of the ordinance, law, or rule with the greater restrictive impact shall apply. The subdivider and property owner shall divide their real estate in compliance with the stricter standard that affects their property. Where this Chapter differs with private easements, covenants, or restrictive agreements, the more restrictive standard shall govern. If such private property restrictions impose lesser requirements on the subdivision or division of land, the provisions of this Chapter, or applicable State and/or Federal law, shall control. C. The provisions of this ordinance are separable. If a section, sentence, clause, or phrase of this ordinance is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the remaining portions of this ordinance. SEC. 9-5. DEFINITIONS For the purpose of this Chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future, the singular number shall include the plural, and the plural the singular; the word “shall” is mandatory, the word “may” is permissive. 1. A.A.S.H.O. American Association of State Highway Officials. 2. ALIQUOT PART. 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 onequarter of one-quarter shall be considered an aliquot part of a section. 3. A.S.T.M. American Society for Testing Materials. 4. AUDITOR’S PLAT. A subdivision plat required by either the Auditor or the Assessor, prepared by a surveyor under the direction of the Auditor or the Assessor. Such plats are intended to clarify property tax descriptions for the purposes of assessment and taxation. 5. BOARD. Scott County Board of Supervisors 6. BUILDING SETBACK LINE. A designated front, side or rear property setback line which may be shown on a plat between a common property line of an adjacent property and/or public right-of-way line and/or private road or access easement line. No buildings or structures may be erected closer to the dedicated right of way or road easement unless otherwise permitted in the Zoning Ordinance. 7. COMMISSION. The Scott County Planning and Zoning Commission. 8. COUNTY. The unincorporated portions of Scott County, Iowa. 9. COUNTY ENGINEER. The Scott County Engineer or any of the assistants designated to act for the County Engineer in carrying out the duties prescribed by the Code of Iowa and the County Code. 10. CUL-DE-SAC. A dead-end street permanently closed to through-traffic, being terminated by a vehicular turnaround, generally circular in shape or with provisions for vehicle turnaround approved by the County Engineer. 11. DEDICATION OF RIGHTS OF WAY. A grant to the public, Scott County, or other private entity of title in fee simple to land or other real property and improvements within the area shown on the plat for road, street and pedestrian access, public and private utilities and storm water drainage. Dedication of rights of way to the public shall not require nor imply acceptance of roads and streets within such rights of way onto the Scott County Secondary Road System for maintenance. 12. DIRECTOR. The Scott County Planning Director, the individual designated by the Board of Supervisors to administer this Chapter. 13. DIVISION. The division of a tract or parcel of land into two parcels of land by conveyance or for tax purposes. The conveyance of an easement, other than a public highway, shall not be considered a division for the purpose of this chapter. 14. EASEMENT. An authorization by a property owner for the use by another and for a specified purpose, of a designated part of his property. 15. ENGINEER. The registered engineer employed by the proprietor of a subdivision to prepare the design plans and specifications and to oversee the construction of all engineering improvements shown on the approved final plans and the requirements of Chapter 9 of the County Code. 16. FINAL PLAT. The graphical representation of the subdivision of land and accompanying legal documents and certificates which meet the requirements of this Chapter and comply with Chapters 355 and 354, Code of Iowa, and when approved by the Board of Supervisors shall be recorded in the office of the Scott County Recorder. 17. FLAG LOT. A lot shaped like a flag attached to a flagpole, where the buildable portion of the lot is connected to a street by a narrow strip or stem of land used as the driveway. 18. I.D.O.T. Iowa Department of Transportation. 19. IMPROVEMENTS. Addition of any facility or construction on land necessary to prepare land for building sites, and including road paving, drainage ways, sewer, water mains, wells, and other utilities and appurtenances. 20. LABORATORY. Any materials testing laboratory which is approved by the County Engineer. 21. LOT. A parcel of land occupied or intended for occupancy by one (1) primary building together with its accessory buildings, including the open spaces required by this Chapter and the Zoning Ordinance, and having its principal frontage upon a street or road. 22. LOT OF RECORD. A lot which is part of a subdivision, recorded in the Scott County Recorder’s Office as of the adoption date of the amended Subdivision Ordinance adopted by the Board of Supervisors on March 4, 1982. For lots not part of a recorded subdivision, a lot is any parcel or tract of land recorded in the Scott County Recorder’s Office prior to January 1, 1978, the adoption date of Scott County’s first subdivision regulation. 23. MAJOR PLAT. All subdivisions not classified as minor plats, including but not limited to subdivisions of five (5) or more lots, or any size plat requiring any new street or extension of public facilities, or the creation of any public improvements. 24. MINOR PLAT. Any subdivision or re-subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street or road, or extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property. 25. MUTCD. Manual on Uniform Traffic Control Devices for Streets and Highways, as adopted by the Iowa Department of Transportation per 761 of the Iowa Administrative Code (IAC), Chapter 130. 26. OUTLOT. A lot which is too small, too irregular, or inaccessible to allow development; or the remaining area of a large parcel from which one or more smaller lots have been subdivided which is not intended to be developed until further subdivided. An outlot may also be created for open space or stormwater drainage purposes and owned by the developer, owner’s association or an adjacent property owner. 27. OWNER. Any person, or legal entity, having legal or equitable title to or sufficient proprietary interest in the land sought to be subdivided under these regulations. 28. PERFORMANCE BOND. A surety bond or cash deposit made out to the Board of Supervisors in the amount equal to the full cost of the improvements which are required by this regulation, said cost being estimated by the County Engineer and said surety bond or cash deposit being legally sufficient to secure to the County that the said improvements will be constructed in accordance with this Chapter. 29. PERSON. “Person” as used herein means individuals, executors, trustees, partnerships, corporations, firms and associations of whatever form. 30. PLANNING AND ZONING COMMISSION. The Scott County Planning and Zoning Commission. 31. PLAT OF SURVEY. Graphical representation of the division of land including a complete and accurate description of the lot or parcel, prepared by a registered land surveyor. 32. PRELIMINARY PLAT. A study, including drawings, indicating the proposed manner of layout and construction of a subdivision and its proposed improvements, which is submitted to the Board of Supervisors, the Planning and Development Department, and other applicable county departments for approval. 33. RE-SUBDIVISION. Any division of land which has previously been included in a plat of record, including auditor’s plats and subdivisions. In appropriate context, it may be a verb referring to the act of preparing a plat of previously subdivided land. 34. RIGHT-OF-WAY LINE. The boundary of an area dedicated to the public, Scott County, other municipality or private entity. Typically located along the boundaries of roadways, parallel to the front property line. Whether labeled as right of way, access easement or road easement it is the line from which building setbacks are determined and measured. 35. ROAD (ROADWAY, STREET, HIGHWAY). All land within right-of-way lines or within road or access easements dedicated to or intended for public or private use and restricted to transportation, storm water drainage and utilities. Includes public and private roadways and road or access easements, but excludes private driveways and parking areas that are not in areas designated as easements. 36. ROAD OR ACCESS EASEMENT. An area shown on the plat where the ownership or fee title of the property within the easement is retained by the adjacent property owner(s) but is an area designated and reserved for the purpose of providing public or private access for roadways, sidewalks, bike trails, public and/or private utilities and storm water drainage. Whether labeled as right of way, access easement or road easement it is the line from which building setbacks are determined and measured. 37. ROAD, PRIVATE. Private roads may be within dedicated rights of way but generally are constructed within road and/ or access easements. Private roads may or may not be open to public use for access to and through a subdivision. Private roads may also be restricted for the exclusive and private use of the adjacent land owners for which said easements are retained. Maintenance of private roads are the responsibility of the adjacent property owners or the Private Road Association designated for such maintenance responsibilities at the time the subdivision is recorded. This excludes private driveways and parking areas that are entirely contained on private property and not designated with any easements. 38. ROAD, PUBLIC, Public roads and streets generally are constructed within public rights of way and are intended to be open to public use and adjacent residents for access to and through a subdivision. Public roads may be maintained by Scott County or some other legal mechanism or entity as determined at the discretion of the Board of Supervisors. 39. ROAD RIGHT OF WAY. The area shown on a plat that is to be dedicated by fee title ownership to the public, Scott County, other municipality or legal entity for the purpose of providing public access for roadways, sidewalks, bike trails, public and private utilities and storm water drainage. Maintenance of roads within right of way is to be determined by the County Engineer and the Board of Supervisors. 40. STREET. See definition for ROAD. 41. SUBDIVIDER. Any person, firm, corporation, partnership, association, or trust, who shall lay out, or cause to be laid out, for the purpose of transfer of ownership or building development, any subdivision or part thereof, as herein defined. 42. SUBDIVISION. The repeated or simultaneous division of a lot, tract or parcel of land into three or more lots or tracts, for immediate or future sale, transfer or building development. The following shall also be considered subdivisions within the meaning of this ordinance: (1) divisions of property via probate procedures; and (2) divisions of property upon applications for court orders, including but not limited to judgments of foreclosure and equitable distributions of property pursuant to dissolution of marriage proceedings. The term includes resubdivision and when appropriate to the context shall relate to the process of subdividing or the land subdivided. 43. SUDAS. Iowa Statewide Urban Design Manual and Specifications with General Supplemental Specifications, current edition at the time of submittal of the Preliminary Plat. 44. SURVEYOR. A registered land surveyor who engages in the practice of land surveying pursuant to Chapter 355, Code of Iowa. 45. TRACT. An aliquot part of a section, a lot within an official plat, or a government lot. 46. TRAFFIC SURFACE. The wearing or exposed surface of a roadway used by vehicular traffic. Traffic surface may include prepared shoulders, but the width is measured between the edge of the surfaced area intended for vehicular traffic. 47. TWENTY-EIGHT E AGREEMENT. An agreement between the County and one or more organizations or municipalities, pursuant to Chapter 28E, Code of Iowa and which may stipulate the standards, procedures and jurisdictional area over which both the County and the incorporated municipality have a right of review of proposed subdivisions. SEC. 9-6. EXEMPTIONS A. The division of land for agricultural purposes into parcels of forty (40) acres or more not involving any new road, street, easement or other dedication, shall not be considered a subdivision as defined above and shall be exempt from the requirements of this Chapter. B. Boundary line adjustments to parcels will not be considered a subdivision if the access is not affected, the new lot created is permanently attached to the existing lot for development purposes, and no new residential building right is created. C. Auditor’s Plat, as prescribed in Chapter 354, Code of Iowa is exempt from the subdivision review process but still must comply with the Plat of Survey approval process. SEC. 9-7. PLATS IN UNINCORPORATED AREAS WITHIN TWO MILES OF THE CORPORATE LIMITS OF CITIES For subdivisions located in the unincorporated area of Scott County but within two miles of the City limits of a municipality which has established an area of subdivision review outside of its corporate limits, the following shall apply: A. When the subdivision regulations of the municipality are the same as those adopted by the County, then both the County Board of Supervisors and the respective municipality shall have jurisdiction and review over the proposed subdivision. B. When the proposed subdivision is located within two miles of the limits of a municipality, and that municipality has adopted different subdivision regulations than the County, the review of the subdivision shall be pursuant to the terms of an agreement made between the County and the municipality pursuant to Chapter 28E, Code of Iowa. The agreements shall stipulate the standards and procedures to be used for the review of proposed subdivisions located in the area of overlapping jurisdictions between the County and the municipality. If no Chapter 28E agreement exists between the County and the municipality, the subdivision shall meet the most restrictive standards of both ordinances. C. Where the proposed subdivision is located in overlapping areas of review of two municipalities, the provisions of Chapter 354, Code of Iowa apply. The County shall also review the proposed subdivision to ensure compliance with this Chapter. D. The developer of such plat is encouraged to apply for concurrent review by the municipality and Scott County. The Board of Supervisors will review the plat only after the Final Plat has been reviewed and approved by the applicable municipality. After final approval by the Board, the subdivision plat shall be recorded in the Office of the Scott County Recorder. SEC. 9-8. SUBDIVISION CLASSIFICATION Any proposed subdivision or re-subdivision shall be classified as a minor subdivision or a major subdivision before the review procedure begins. A. Plat of Survey (a division of land, not part of a subdivision, into two parts or an Auditor’s Plat) need only be reviewed by the person designated by the Planning and Development Department. B. A minor subdivision need only provide a sketch plan for Commission review prior to submitting a Final Plat in accordance with Sections 9-15 et seq. C. A major subdivision shall start with a sketch plan as described in Section 9-12, proceed with the full Preliminary Plat review, file a detailed engineering design construction plans and specifications, and finally submit the Final Plat for approval. SEC. 9-9. PLAT OF SURVEY SUBMITTAL A. A land owner who splits off a lot, tract, or parcel of land from a lot of record or aliquot part for the first time shall prepare a plat of survey for the Director of Planning and Development. Information on the plat shall include everything required in Chapters 355 and 354, Code of Iowa, including the following: (1) The name of the proprietor. (2) An accurate description of each parcel. (3) The total acreage of each parcel. (4) The total acreage of any portion lying within a public or private road right-of way or access easement. (5) The current zoning district classification. (6) The plat of survey shall be at a scale that is clearly stated and graphically illustrated. (7) A signed and dated statement of the surveyor, stating that the plat of survey complies with Chapter 355, Code of Iowa. (8) An approval block entitled: “MEETS SUBDIVISION AND ZONING ORDINANCE REQUIREMENTS, SCOTT COUNTY PLANNING AND DEVELOPMENT DIRECTOR (date)”. Filing fee based on the fee schedule approved by resolution of the Board of Supervisors. B. The remaining portion of the lot of record shall not require a new survey, unless required by the Scott County Auditor. When the Director, or designee finds the Plat of Survey complies with subdivision and zoning ordinances, the Director shall sign the approval block and return to the surveyor who shall forward the plat to the Recorder’s Office for recording. The Director’s review shall be completed within three working days. SEC. 9-10. MINOR PLAT SUBMITTAL A. The subdivider shall prepare a sketch plan and a location map to provide the Director and planning staff, applicable County departments, and the Commission with enough information to review and approve the minor plat. After the Commission has reviewed and established such conditions as deemed necessary to comply with the zoning and subdivision ordinances, the subdivider shall prepare a Final Plat as required in Sections 9-15 et seq. At the discretion of the Planning Director the sketch plan and Final Plat review may be combined into one step, provided all requirements of each procedure are met and all applicable filing fees are paid. B. Sketch Plan: Two (2) large format copies of the sketch plan, drawn to a scale, that is appropriate and graphically illustrated and one (1) copy of the plan reduced to fit an 11 x 17 inch page shall be filed with the Planning and Development Department. Additionally, the sketch plan in digital format, preferably as a PDF or other machine-readable format accessible by the County I.T. system, shall be submitted. The sketch plan shall include the following (if applicable): (1) A legal description and total acreage of the property being platted and acreage for each lot minus the public road rightof-way and acreage for that portion lying within the public or private road right-of-way. (2) Existing contour intervals of not more than five (5) feet with a minimum of two (2) contours per plat. If the site is level, this should be indicated on the sketch plan. Drainage arrows shall be drawn showing the direction of flow of surface water. (3) Location of existing property lines, surface features such as buildings, road, railroads, tree cover, existing easements, zoning and similar items on or adjacent to the development. (4) Locations of proposed property lines, easements, lot areas, and proposed contours, if the landscape will be changed. (5) Location of all adjoining subdivisions, streets, and surface features. (6) The title, in bold letters at the top right corner, under which the proposed subdivision will be recorded, with the name and address of the owner and subdivider; also north arrow, scale, and date. (7) A location map showing the relationship of proposed subdivision to the surrounding area encompassed by a twomile radius. (8) Filing Fee based on the fee schedule approved by resolution of the Board of Supervisors. C. Review Procedure: After all materials, information and fees have been filed, the Planning and Development staff shall establish a review date with the Planning and Zoning Commission at least fifteen (15) days and not more than thirty (30) days from the date of filing. The Planning and Development staff shall notify by ordinary first class mail all property owners of record within five hundred (500) feet of the proposed subdivision. The Commission shall review the sketch plan and applicable materials along with technical comments from the general public, County Engineer, Health Officer, and the Planning and Development staff. D. Within thirty (30) days of Commission review, the Commission shall either approve or disapprove the sketch plan. If necessary for approval, the Commission may attach such conditions as are necessary to meet the guidelines of the Scott County Comprehensive Plan. If the Commission disapproves the sketch plan, a statement setting forth the reasons for disapproval shall be given to the subdivider. The subdivider may refile a sketch plan which meets Commission approval or may appeal the Commission’s decision to the Board of Supervisors. E. Status of Commission’s Decision: Upon approval of the t sketch plan, the subdivider may proceed with preparation of the Final Plat as required in Section 9-15 et seq. If the subdivider does not file a Final Plat and applicable materials within three (3) months of Commission approval, or authorized extension thereof, the sketch plan shall become null and void. After the expiration of the three (3) month time period or the extension, the subdivider will be required to re-file the sketch plan pursuant to Sec. 9-10(A)-(B) for a new review by the Commission. SEC. 9-11. MAJOR PLAT SUBMITTAL Any land to be subdivided or replatted in which five (5) or more lots will be created, or any size subdivision requiring a new internal road, extension of municipal facilities, or common facilities shall be considered a major plat and shall comply with the procedures of Section 9-12 et seq. SEC. 9-12. SKETCH PLAN DISCUSSION (MAJOR PLAT) Prior to the filing of a Preliminary Plat of a Major Plat, the subdivider shall submit a sketch plan to the Planning and Development staff along with other pertinent material relating to the proposed subdivision in order for staff to review and provide comments on the proposed development. This may include information relative to the site and conditions of the site, existing community facilities and utilities on and adjacent to the site, number and size of lots proposed, etc. It is suggested that for the maximum benefit, the sketch plan material and review procedures should include at a minimum: A. Location Map: Location map should show relationship of the proposed subdivision to the streets and other community facilities serving it. B. Sketch Plan: The sketch plan should show in simple sketch form proposed layout of streets, lots, and other features in relation to existing conditions. C. The developer is encouraged to meet with appropriate County staff (and city staff if applicable) to review the various elements of the proposal. The Planning and Development Department will provide written comments to the developer within two (2) weeks of the meeting unless unusual complications arise. For major plats, there is no fee for staff review at the sketch plan stage. D. At the discretion of the Planning Director or the request of the applicant such sketch plan may be submitted for the review of the Planning and Zoning Commission following the procedures in Section 9-10.(B-E) which does include payment of the required sketch plan fee. SEC. 9-13. PRELIMINARY PLAT SUBMITTAL Following sketch plan review of a Major Plat, the subdivider may prepare a Preliminary Plat and shall file the plat and other required material with the Director in an application for Preliminary Plat approval. The application for Preliminary Plat approval shall include the following: A. Plat: Two (2) large format copies of a plat, drawn to a scale by a surveyor that is appropriate and graphically illustrated, and one (1) copy of the plat reduced to fit an 11 x 17 inch page. Additionally, the Preliminary Plat in digital format, preferably as a PDF or other machine-readable format accessible by the County I.T. system shall be submitted. The plat shall include the following information: (1) The complete legal description of the property to be platted including descriptive boundaries of the subdivision and total acreage of the subdivision. (2) Existing contour intervals of not more than five (5) feet, provided, however, that a minimum of two (2) contours shall be shown on any plat. Contour intervals of less than five (5) feet may be required at the Planning and Development staff’s discretion. (3) The location of property lines, easements, and all such surface features as buildings, railroads, utilities, water courses, major tree cover, and similar items on or adjacent to the development. Also, the location and size of such sub-surface features as the nearest storm and sanitary sewers, water mains, culverts, gas mains, above and below ground electric transmission lines or cables, cable TV lines and drain tiles. (4) A vicinity map at a scale of not more than one thousand (1000) 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; the expected ultimate development of all contiguous property under the control of the subdivider; and the location of any nearby parks, schools, or other public facilities that might be affected by the proposed subdivision. (5) All existing adjacent subdivisions, streets and individual tracts and parcels together with the names of record owners of land immediately adjoining the proposed subdivision and between it and the nearest existing streets or roads. (6) The title in bold type at the top right corner, under which the proposed subdivision is to be recorded, with the name and address of the owner and subdivider; also north arrow, scale, date, name and address of surveyor. (7) Sites for schools, parks or playgrounds proposed by the subdivider for public or private use. (8) The zoning districts for the subdivision and the adjacent properties. (9) The location, width and dimensions of all streets and grounds proposed to be dedicated for public use. (10) The location and width of proposed utility easements. (11) The manner of providing water supply and sewage treatment facilities. (12) Filing fee based on the fee schedule approved by resolution of the Board of Supervisors. SEC. 9-14. PRELIMINARY PLAT REVIEW AND APPROVAL (MAJOR PLAT) A. Distribution: Immediately upon the filing of copies of the Preliminary Plat materials and filing fee, one (1) copy of the plat shall be retained by the Director for the Planning and Zoning Commission file, one (1) copy shall be used for review by the Director, seven (7) copies shall be reserved for the Planning and Zoning Commission members, and one (1) reduced copy shall be sent to each of the following County officials or departments for their review: County Engineer, Assessor, Auditor and Board of Health. B. Review by County Officials: Within fifteen (15) days of receipt of the materials from the Director, the several County officials or departments shall complete their reviews of the Preliminary Plat materials and shall submit their written comments to the Director. The Director in turn, shall send his and their technical review and comments to the subdivider and to the Planning and Zoning Commission for its consideration at its next meeting. C. Public Hearing: Upon receipt of the preliminary plat, the Director shall initiate the steps necessary to hold a public hearing before the Commission. Notice shall be given by publication in a newspaper in general circulation in the County and by written notification to all property owners of record within five hundred (500) feet of the subject property. The Planning and Zoning Commission shall hold the public hearing before recommending to the Board of Supervisors. At the discretion of the Commission, a public hearing may be required for the review of the Final Plat. D. Recommendation by Planning and Zoning Commission: The Planning and Zoning Commission shall review the Preliminary Plat and applicable materials and the technical review comments at its next meeting. Within forty-five (45) days after date of receipt the Planning and Zoning Commission shall recommend to the Board of Supervisors that the Preliminary Plat be approved, approved with conditions, or disapproved. The subdivider may agree to an extension of the time by the Planning and Zoning Commission for a period not to exceed sixty (60) days. If the Planning and Zoning Commission recommends disapproval, a statement setting forth reasons for disapproval shall be submitted to the Board of Supervisors and to the subdivider. E. Approval or Rejection by Board of Supervisors: The Board of Supervisors shall approve or disapprove the Preliminary Plat at a regular meeting within thirty (30) days after receipt of a recommendation from the Planning and Zoning Commission. If the Board of Supervisors does not act within thirty (30) days, the Preliminary Plat shall be deemed to be disapproved. F. Duration of Approval: Approval of the Preliminary Plat shall be effective for twelve (12) months: except, however, the Board of Supervisors, upon written request of the subdivider and advice of the Director, may grant an extension of time. If the Final Plat, which may be just a part of the Preliminary Plat, is not filed with the Director within twelve (12) months, or authorized extension thereof, all previous approvals of the Preliminary Plat shall become null and void. G. Status of Approval: Upon approval of the Preliminary Plat by the Board of Supervisors, the subdivider may proceed with the preparation of the Final Plat and detailed construction drawings and specifications for the improvements required under this Chapter, and may install these improvements when approved by the Director and County Engineer. The approval of the Preliminary Plat by the Board of Supervisors is not revocable if the Final Plat conforms in every respect with the Preliminary Plat as approved by the Board of Supervisors. The Final Plat may be disapproved by the Board of Supervisors if it contains changes from the Preliminary Plat not agreed upon during the Preliminary Plat review stage. SEC. 9-15. FINAL PLAT SUBMITTAL (MINOR AND MAJOR PLATS) Following approval of the sketch plan of a Minor Plat or the Preliminary Plat of a Major Plat, the subdivider may prepare a Final Plat and other material required to file for final approval. The Final Plat shall comply with the specific requirements of Chapter 354, Code of Iowa. The application for final approval shall include the following: A. Plat: Two (2) large format copies of the plat, made from an accurate survey by a surveyor drawn to a scale that is appropriate and graphically illustrated, and one (1) copy of the plat reduced to fit an 11 x 17 inch page. Additionally, the Final Plat in digital format, preferably as a PDF or other machinereadable format accessible by the County I.T. system, shall be submitted. The plat shall include the following information: (1) The boundaries of the property, the lines of all proposed streets with their width, and any other areas intended to be dedicated to public use. The boundaries shall be accurately tied to the nearest US Public Land Survey System land corner and also to the GPS Control Monuments that are part of Scott County’s network of GPS survey control. (2) The lines of adjoining roads and streets with their width and names. (3) All lot lines, lot and block numbers and building setback lines from road right of way and/or road easement in accordance with the Zoning Ordinance, with figures showing their dimensions. (4) All dimensions, both linear and angular, necessary for locating boundaries of the subdivided area, or of the lots, streets, easements, and building line setbacks, and any other similar public or private uses. The linear dimensions shall be expressed in feet and decimals of a foot. (5) Radii, arc and chords, points of tangency, central angles for all curvilinear streets, and radii for rounded corners. (6) Title, in bold print at top right of plat, and complete legal description of property subdivided, showing its location and extent, points of compass, date, scale of plat, and certification and name of surveyor who prepared and is responsible for monumentation. (7) The accurate outline of all property which is offered for dedication for public and/or private use with the purpose indicated thereon, and of all property that may be reserved by deed covenant for the common use of the subdivision property owners and/or owners association. (8) Signed statements of all affected utilities officials agreeing to the utility easements. (9) Signed statement of surveyor that the plat complies with Chapter 355, Code of Iowa. B. Additional Materials for Major Plat submittals: Two (2) copies of the following material shall also be submitted prior to or in conjunction with the Final Plat: (1) Detailed Engineering Design-Construction Plans and Specifications in accordance with SUDAS current adopted edition Plan and profiles of all streets. Profiles shall show proposed location, size and grade of all utilities including conduits, sewers, pipelines, etc., to be placed underground in the road right-of way. Profiles of east and west streets shall be drawn so that the west end of the profile shall be at the left side of the drawing and profiles of north and south streets shall be drawn so that the south end of the profile shall be at the left end of the drawing. For details see SUDAS current adopted edition. All engineering design documents shall be prepared by or under the direct personal supervision of a duly licensed professional engineer under the laws of the State of Iowa. (2) Erosion and Sediment Plan: Two (2) copies of the plan for reducing erosion and controlling sediment on the subdivision site during and after construction, prepared in accordance with this Chapter and the standards and specifications of the Iowa Department of Natural Resources. The erosion and sediment control plan shall include as a minimum the following information for the entire tract of land, whether or not the tract will be developed in stages: a. Such soils information and interpretations pertaining to the site as may be available from the Soil Conservation District; b. Plans and specifications of soil erosion and sedimentation control measures to be applied to the site in accordance with the official standards and specifications of the Iowa Department of Natural Resources; c. A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each area prior to the completion of effective erosion and sediment control measures; and d. A Copy of the Iowa Department of Natural Resources NPDES General Permit #2 which includes a Stormwater Pollution Prevention Plan. (3) Percolation Test: All proposed lots may have an acceptable percolation test or a design prepared by a registered professional engineer for an innovative or alternate sewage treatment and disposal system as reviewed and approved by the Scott County Health Department. (4) Performance Bond and Approved Cost Estimate: Two (2) copies of a detailed cost estimate for installing all new improvements prepared by the subdivider’s engineer for the purpose of determining an amount of the performance bond. (If applicable). (5) Filing fee based on the fee schedule approved by resolution of the Board of Supervisors. SEC. 9-16. FINAL PLAT REVIEW AND APPROVAL A. Distribution: Immediately upon filing of the required copies of the Final Plat and additional materials, one (1) copy of the plat shall be retained by the Director for the Planning and Zoning Commission file, one (1) copy shall be used for review by the Director, and one (1) copy shall be provided to each Planning and Zoning Commission member. Reduced copies of the plat along with necessary materials shall be sent to the County Engineer, Assessor, Auditor and Board of Health for review and comments. B. Review by County Officials: Within ten (10) working days of receipt of materials from the Director, the several County officials or departments shall complete their reviews of the plat materials and shall submit their written comments to the Director. C. Public Hearing: Before recommending approval of a Final Plat, the Planning and Zoning Commission may at its discretion hold a public hearing which would have been a condition of Preliminary Plat approval. Notice of which shall be given by publication in a newspaper in general circulation in the county and by written notification to all property owners within five hundred (500) feet of the subject property. D. Recommendation by Planning and Zoning Commission: The Planning and Zoning Commission shall review the Final Plat and application materials and the technical review comments, including information on the status of implementation of the erosion and sediment control plan, at its next meeting and within thirty (30) days shall recommend to the Board of Supervisors that the Final Plat be approved or disapproved. If the Planning and Zoning Commission recommends disapproval, a statement setting forth reasons for disapproval shall be submitted to the Board of Supervisors and to the subdivider. E. Approval or Rejection by Board of Supervisors: The Board of Supervisors will receive the Final Plat materials and all attachments required by Chapter 354, Code of Iowa, and within sixty (60) days review the Commission’s recommendation. The Board shall act to either approve or disapprove the Final Plat within thirty (30) days after receipt of the plat from the Director, except, however, the Board of Supervisors, upon written request of the subdivider and advice of the Director, may grant an extension of time to act on the Commission’s recommendation on the Final Plat. F. Final Plat Attachments: As required by Chapter 354.11, Code of Iowa, the following signed documents shall be submitted to the Planning and Development Department within sixty (60) days of the Planning and Zoning Commission recommendation, prior to the review by the Board of Supervisors: (1) Proprietors’ statement of consent and dedication of land for public use. (2) Mortgage holders’ or lien holders’ statement of consent or substitute affidavit and bond, if applicable. (3) Attorney’s opinion letter. (4) Certificate of County Treasurer. (5) Surveyor’s Certificate. (6) Restrictive or Protective Covenants/Homeowners Association documents, if applicable. (7) Performance bond, if applicable. G. Status of Approval: Approval by the Board of Supervisors authorizes the filing of the Final Plat with the County Auditor and Recorder, in accordance with the provisions of existing