Ordinance No. 65-57 - Subdivision Ordinance Adopted by the City Council December 20, 1957Subdivision
Ordinance
Adopted,. by the
CITY COUNCIL.
December 20, 1957
Subdivision
Ordinance
to be s
mile of tilt_
into two (2)
use.
Adopted by the
CITY COUNCIL
December 20, 1957
Cii-Li of
Dubuque
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Ordinance 65-57
(Official Publication)
ORDINANCE NO. 65-57
An Ordinance fixing requirements for the subdivision of land
into lots in the City of Dubuque and within one mile of the
limits of the City of Dubuque; relating to streets, alleys, blocks,
lots, parks, playgrounds, and school sites within such subdivision;
relating to rules and regulations governing plats, filing, and ap-
proval thereof; and designating this Ordinance as "The Sub-
division Regulations of the City of Dubuque."
NOW THEREFORE BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE:
ARTICLE I
Definitions
The following words and phrases, when used herein, are de-
fined, for the purpose of this Ordinance, as follows:
(a) Alley. A platted, dedicated, and recorded passageway not
over thirty (30) feet in width, between rear or side lines of lots.
(b) Block. An area of land ordinarily bounded by streets
forming the circulation system of a community, neighborhood, or
subdivision and containing one or more lots.
(c) Commission. The Planning and Zoning Commission of
the City of Dubuque.
(d) Council, City. The City Council of the City of Dubuque.
(e) Easement. Easement shall mean a portion of a lot or
block in which the City and all public utilities enfranchised by
the City, have a right of passage and to install and maintain pipes,
wires, poles, conduits and other equipment necessary to carry out
public services.
(f) Lot. A lot is a distinct parcel of land, the location dimen-
sions and boundaries of which are determined by the latest of1Y
record or survey.
(g) Owner. The person or persons having title to th
divided, both legal and equitable.
(h) Person. This term includes an individua
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individuals, a group or association of persons having common or
individual interest in a tract, a partnership, and a corporation.
(i) Street, Public. A public street is a dedicated, platted, and
recorded passageway forty (40) feet or over in width commonly
used for public travel.
(j) —, Cul-de-sac. A short minor street terminating in a
turn -around and having only one outlet.
(k) —, Main traffic thoroughfare. A street of considerable
continuity which is primarily a traffic artery for intercommunica-
tion between and among large areas.
(I) —, Secondary traffic thoroughfare. A street supplemen-
tary to a major street system and primarily a means of intercom-
munication between the system and smaller areas, or among
smaller areas.
(m) —, Minor. A street primarily for access to abutting pro-
perties.
(n) Subdivider. A person undertaking the subdivison of
land.
(o) Subdivision. A subdivision is a division of a lot, block, tract,
or parcel of land into two (2) or more lots or other divisions for
the purpose, whether immediate or future, of the transfer of own-
ership or building development, including all changes in street
lines or lot lines.
ARTICLE II
Regulations for the Subdivision of Land
Section 1—General
(a) Purpose. The purpose of these regulations is to aid and
to control the subdivision of land in the interest of coordinated
development of the City of Dubuque; to establish a consistent
policy upon plats submitted to the Commission and the City
Council; and to enable them to ascertain whether the same con-
forms to the applicable statutes and ordinances. These regula-
tions are established as the minimum requirements to effect the
purpose.
(b) Applicability. These regulations shall apply to all land
to be subdivided within the City of Dubuque, and within one
mile of the Limits of the City of Dubuque, except to land divided
into two (2) parcels and no part of which is dedicated to public
use.
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(c) Conformance to City Plan. All lands proposed for sub-
division shall conform in development to the intent and spirit of
the City Plan, in so far as practical, in the location of streets, al-
leys, boulevards, parks, and other public places and facilities; and
shall not conflict or interfere with the rights of way or extensions
of streets shown thereon or already established.
(d) Recording of Subdivision Plats. Whenever any person,
as defined herein, shall subdivide any tract of land within the
Limits of the City of Dubuque, or within one mile of the
Limits of the City of Dubuque, into three (3) or more parcels,
he shall record a plat thereof in the Office of the County Re-
corder of Dubuque County, Iowa, which plat shall first have
been prepared and approved in conformity with the provisions
of this Ordinance.
Section 2—Streets, Alleys, and Easements.
(a) Street widths. The minimum width of right of way
for a main traffic thoroughfare in a residence subdivision shall
be sixty-four (64) feet; for a secondary traffic thoroughfare
sixty (60) feet; and for a minor street fifty (50) feet;
The minimum width of right of way for a cul-de-sac shall be
fifty (50) feet, except that upon written permission of the com-
mission the width may be reduced to a specified width not less
than forty (40) feet.
(b) Street Intersections. Intersecting streets shall meet at
right angles (90) degrees whenever possible.
(c) Street alignment. Thoroughfares shall be continued in
as direct alignment as topography and other conditions permit.
Minor streets shall conform to the prevailing topography of
the subdivision.
(d) Street Grades. The minimum gradient for all streets
shall be one-half (1/2) per cent. The maximum gradient for
Major Traffic Thoroughfares shall be eight (8) per cent; for
Secondary Traffic Thoroughfares ten (10) per cent; and for
Minor Streets fifteen (15) per cent. A variation from this
requirement may be made to meet the existing conditions of
topography by the Commission on approval of the City Manager.
(e) Cul-de-sac. The minimum radius to the street line of a
turn -around at the terminus of the street shall be fifty (50) feet.
(f) Alleys. Alleys shall not be permitted in a residential sub-
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division, except where special conditions require. When per-
mitted, alleys shall have a minimum width of twenty (20) feet.
(g) Adjoining Street Systems, Relation to. All proposed
thoroughfares and streets be continuous and in alignment with
existing thoroughfares and streets, and of the same or greater
width. When conditions permit, Main Traffic Thoroughfares
shall abut subdivisions and not pass through them.
(h) Names of Streets. Streets that are in alignment with ex-
isting or platted streets, or essentially so, shall bear the names of
the existing streets. Names for new streets shall not duplicate in
spelling, or sound phonetically similar to existing street names in
the City of Dubuque. Street names shall be approved by the
Commission and City Council.
(i) Easements. Easements shall be provided as the Commis-
sion shall determine necessary for public utilities requirements,
including storm and sanitary sewers.
Section 3 — Blocks.
(a) Length. The maximum length of blocks on a thorough-
fare shall be fifteen hundred (1500) feet.
The maximum length of blocks on a Minor street shall be
seven hundred and fifty (750) feet.
(b) Width. The minimum width of blocks shall be two
hundred (200) feet. Ordinarily each block shall contain two
tiers of lots.
(c) Numbering. All blocks shall be numbered for identi-
fication.
Section 4 — Lots.
(a) Area and Dimensions. The minimum area and dimen-
sions for lots shall conform to the applicable requirements of the
Area Regulations of the Zoning Ordinance, but the minimum
lot frontage shall be sixty (60) feet for interior lots and seventy
(70) feet for corner lots. All lots shall front on a public street.
Lots with double frontage shall not 'be permitted. Triangular
lots shall be avoided whenever possible.
(b) Lot Lines. In all rectangular lots, and in so far as prac-
tical in all other -shaped lots, the side lot lines shall be geometrical
normal to the street on which the lot fronts.
(c) Numbering. All lots shall be numbered systematically
for proper identification.
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(d) Remnant Lots. In cases where irregularity of ownership
or street lines would produce remnant lots, the area of which
would be less than the minimum area required by the Zoning
Ordinance, such areas shall be added to adjoining lots.
Section 5—Parks, Playgrounds, and Schools.
(a) Dedication of Sites. In subdividing property due con-
sideration shall be given by the Subdivider to the dedication of
suitable sites for parks, playgrounds, and schools, so as to con-
form, as nearly as possible, to the recommendations of the City
Plan and the needs of the City and the adjacent area. Such
provision shall be indicated on the preliminary plat in order that
it may be determined when, whether, and in what manner such
sites will be dedicated tohe public.
Section 6—Exceptional Sized Lots.
(a) When the tract is subdivided into larger parcels than the
usual building lots, such tract shall be divided so as to allow for
the opening of major streets and the ultimate extension of minor
streets; and such parcels shall be multiples, in area, of units not
less than the lot areas required by the Zoning Ordinance.
Section 7 Modification of Requirements.
(a) Where special instances require, the City Council and the
Commission may modify the requirements of Section 2, 3, and
4 of this Article II, provided the modification carries out the in-
tent and purposes of this Ordinance, as stated in the Preamble.
Section 8—Installation of Improvements.
(a) Improvements shall be installed by the Subdivider in ac-
cordance with applicable standard specifications of the City of
Dubuque and the Iowa State Department of Health.
(b) Each corner of each lot shall be marked by the Subdivider
with a suitable iron stake or pipe.
ARTICLE III
Preliminary Plats
Section 1—General.
(a) Purpose. The preliminary plat shall inform the Commis-
sion of the intentions of the Subdivider in the layout of the sub-
division and of the specific problems connected therewith, and
to provide the basis of an examination of the design of the sub-
division and of the conformance of the plat to the City Plan and
the requirements of the Zoning Ordinance.
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(b) Submission of Preliminary Plat to Commission. Where
the Subdivider proposes to dedicate streets, roads, alleys, or other
lands for public use, he shall submit six (6) copies of the Pre-
liminary Plat to the Commission for tentative approval prior to
the completion of final surveys of streets and lots and before
starting any grading or construction work upon proposed streets,
and before any Final Plat of the subdivision is made.
(c) Power of the Commission. The Commission shall have
the power to approve, approve tentatively, or to disapprove any
Preliminary Plat and shall transmit its findings, in writing, to the
Subdivider.
(d) Duration of an Approval of Preliminary Plat. The ap-
proval of the Preliminary Plat by the Commission does not con-
stitute an acceptance of the subdivision but only approval of the
basic design of the subdivision and its conformity to the City
Plan and the Zoning Ordinance. The Preliminary Plat shall be
valid for a period of one hundred and twenty (120) days.
(e) Exemption from filing a Preliminary Plat. Where the
Subdivider does not propose to dedicate land for streets, alleys,
or other public uses (except easements for public utilities re-
quirements, including storm and sanitary sewers) a Preliminary
Plat is not required.
Section 2 — Drafting.
Preliminary plats shall be drawn:
(a) On sheets 8%Z x 133/4 inches in size, or in multiples thereof.
(b) A standard engineering scales.
(c) Showing true north point, scales used, and date of com-
pletion of the Preliminary Plat.
(d) With a Title accurately and clearly indicating the Name
of the Subdivision; the Names of the Owners, and Subdivider;
and the Names of the Civil Engineer, or Land Surveyor plat-
ting the tract.
Section 3—Information to be Shown.
Preliminary Plats shall show:
(a) The true boundary lines of land being subdivided.
(b) Intersecting boundary lines of adjacent property and
names of Owners.
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(c) Municipal, County and Section Lines when intersecting the
property.
(d) Topography of the tract being subdivided, with contours
of two (2) foot intervals, based on City datum.
(e) Location, width, and names of all existing or platted
streets, other public ways, and platted or recorded easements with-
in or adjacent three hundred feet (300) to the tract, and existing
permanent buildings, public property, railroad rights of way, and
any other important features.
(f) Location of existing water mains, sewers, drains, gas lines,
and any other underground facilities with their sizes and location
of electric lines, culverts, and bridges within the property ad-
jacent one hundred (100) feet to the tract.
(g) The proposed layout, location, and dimensions of streets,
alleys, blocks, lots ,easements, and areas to be dedicated for parks,
playgrounds, and schools.
(h) Preliminary plan and profiles of each proposed street on
the center line of the roadway, with proposed grades.
(i) Cross sections of the types of proposed streets showing
width of right of way, and roadway, location and width of pro-
posed sidewalks, and the location and size of utility mains.
• (j) Preliminary location and tentative profiles of proposed
sanitary and storm sewers, with gradients and pipe sizes.
(k) Preliminary location of proposed water distribution sys-
tem showing pipe sizes, valves and fire hydrants.
(1) The information required under subsections (b) , (e) , and
(f) of this Section, relating to adjacent property may be shown
on a separate drawing, entitled Vicinity Map, accompanying the
Preliminary Plat and property certified.
(m) The information required under sub -sections (d) , (f) ,
(h), (i), (j), and (k) of this Section shall be shown on separate
drawings accompanying the Preliminary Plat and properly cer-
tified.
(n) Items (a) to (f) shall be prepared by a registered En-
gineer, or Surveyor; and Items (h) to (k) shall be prepared by
a registered Engineer. The drawings prepared by an Engineer
or Surveyor shall bear his official registration seal.
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ARTICLE IV
Final Plats
Section 1—General.
(a) Purpose.
The purpose of the Final Plat is to provide a permanent record
plan of the subdivision as built, for filing with the County Re-
corder.
(b) Submission of the Final Plat to the Commission.
The Subdivider shall file the original drawings and three (3)
copies of the Final Plat with the Secretary of the Commission for.
approval and the Commission shall have forty-five (45) days to
act upon the same.
(c) Examination of Final Plat by the Commission.
All Final Plats shall be examined by the Commission to de-
termine that the same conforms to the State statutes and the sub-
division regulations relating to plats within the City and within one
(1) mile of the Limits of the City of Dubuque, and whether
streets, alleys, parks, playgrounds, and other public places conform
to the city Plan, conduce to an orderly development, do not con-
flict or interfere with rights of way or extensions of streets, roads,
and alleys already established, or otherwise interfere with the
carrying out of the City Plan or the Zoning Ordinance.
(d) Power of the Commission.
The Commission shall have the power to approve, approve con-
ditionally, or to disapprove any Final Plat.
If the Commission approves the Final Plat it shall endorse its
approval upon the original drawing and shall submit the same to
the City Council for approval.
If the Commission approves a Final Plat with conditions, or
disapproves a Final Plat, it shall transmit its findings to the Sub-
divider and the Subdivider shall not resubmit the Final Plat until
all conditions or limitations shall have been corrected.
Section 2—Drafting.
Final Plats and Profiles shall be drawn:
(a) On sheets, 8%Zx13% inches in size, or in multiples thereof.
(b) At standard engineering scales —
Horizontal scales, 1 inch equals 40, 50, 60 or 100 feet.
Verticle scales 1 inch equals 4 or 8 feet, or 1 inch equals 10
feet,
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(c) Showing true north point, scales used, and date of com-
pletion of the final plat.
(d) With a Title accurately and clearly indicating the Name
under which the Subdivision is to be recorded; the Names of the
Owners, and Subdivider; and the Names of the Civil Engineer,
or Land Surveyor platting the tract.
Section 3—Information to be Shown.
Final Plats and Profiles shall show:
(a) Boundaries of the subdivision with accurate dimensions
and bearings, and the location and description of all monuments.
(b) Municipal, County and section lines when intersecting the
property.
(c) Location, width, and names of all existing or platted
streets, or other public ways, and easements within and adjacent
forty (40) feet to the tract.
(d) Location and accurate dimensions of all proposed streets,
alleys, blocks, lot lines, easements and areas to be dedicated for
parks, playgrounds and schools.
(e) Plans and profiles of each proposed and established street,
road, or alley on the center line of the roadway.
(f) Plans and profiles of all proposed sanitary and storm sew-
ers with gradients and pipe sizes.
(g) Plan and profiles of proposed water distribution system,
showing pipe sizes and the location of all valves and fire hydrants.
(h) All radii, chords, points of curvature, points of tangency,
bearings of tangents central angles and length and degree of
curves.
(i) Names of all streets.
(j) Block and lot numbers.
(k) Description of property subdivided showing location and
extent.
(1) The information required under sub -sections (e), (f),
(g) , and (h) of this Section shall be shown on separate drawings
accompanying the Final Plat and properly certified.
(m) Items (a) to (e) shall be prepared by a registered Sur-
veyor and Items (f) to (k) shall be prepared by a registered En-
gineer. In both instances the drawings shall bear the official reg-
istration seal of the Surveyor or Engineer.
(n) Where the Subdivider does not propose to dedicate land
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for streets, alleys, or other public uses (except easements for
utilities) the information required by sub -sections (d) , (e) ,
(f) , (g) , and (h). of this section shall not be required.
Section 4 — Certificates to accompany Submission to City
Council.
(a) Dedication—Tide—Incumbrance. When the approval of
the Commission has been endorsed upon a Final Plat the Com-
mission shall submit the Final Plat to the City Council for appro-
val. In addition to the information required by Sections 1, 2, and
3 of this Article and the approval of the Commission endorsed
thereon, the Final Plat when submitted to the City Council shall:
(1) Have attached thereto a dedictory certificate executed by
the Owners.
(2) Have attached thereto the opinion of a qualified attorney
at law dated as of the date of the submission to the City Council,
certifying that the title to the land platted is in the persons sign-
ing as owners, free and clear of all liens or incumbrances.
Section 5—Installation of Improvements —Security for Instal-
lation and Maintenance.
(a) As a condition to the approval of the Final Plat of proper-
ty within City Limits the City Council may require the Sub-
divider to bring any streets, roads, and alleys to a grade as shown
by the profiles attached to the Final Plat and to install improve-
ments shown on the Plat and supporting documents, together with
such other improvements as the City Council determine necessary
and authorized by law. The City Council may further require
the Subdivider to provide security for the maintenance of such im-
provements or to provide security guaranteeing the installation of
such improvements within a fixed time and maintenance there-
after and approve the Final Plat conditioned upon receipt of such
security.
ARTICLE V
Permits
Section 1—Building or Repair Permits.
(a) The Building Commissioner shall not issue building or
repair permits for any structure on a lot in a subdivision, the plat
of which was recorded after November 20, 1956 in violation of
this Ordinance.
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Section 2—Permit for Installation of a Septic Tank.
(a) The City Health Officer shall not issue a permit for the
installation of a septic tank upon any lot in, a subdivision for
which a plat has been recorded after November 20, 1956, in vio-
lation of this Ordinance.
ARTICLE VI
Legality of Ordinance or Parts Thereof
The invalidity of any section or part hereof shall not be deemed
to invalidate any other section or part hereof.
ARTICLE VII
Ordinance No. 23-45 of the City of Dubuque is hereby repealed.
ARTICLE VIII
This Ordinance shall be known as the "Subdivision Regula-
tions of the City of Dubuque, Iowa".
ARTICLE IX
Effective Date
This Ordinance shall be in force and of effect from and after
its final passage, adoption and approval of the City Council and
publication as provided :by law.
Introduced the 20th day of December, 1957.
Rule requiring reading on three separate days suspended by un-
animous vote the 20th day of December, 1957.
Passed by recorded roll -call vote, adopted and approved this
20th day of December, 1957.
Charles E. Dove,
Mayor.
Clarence P. Welu,
Leo N. Schueller,
Charles A. Kintzinger,
Councilmen.
Attest: Leo F. Frommelt,
City Clerk.
Published officially in the
30th day of December, 1957.
1 t.-12/30
Telegraph -Herald Newspaper this
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Leo. F. Frommelt,
City Clerk.
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