Jefferson County, Iowa
Jefferson County Code of Ordinances
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Jefferson County, Iowa Jefferson County Code of Ordinances |
The Jefferson County Code of Ordinances can be read below, or can be opened as a PDF version (82 pages).
The Amended and added chapters to the 2005 Jefferson County Code of Ordinances can be read below, or can be opened as a PDF version.
Jefferson County Code of Ordinances
SECTION 1. Purpose. The purpose of this ordinance is to compile the Jefferson County Code of Ordinances as required by Iowa Code Chapter 331 in a manner that preserves the rights, privileges, and property of the county and its residents and promotes the public convenience, safety, and general welfare of Jefferson County, Iowa.
SECTION 2. Adoption. The Jefferson County Board of Supervisors hereby adopts the Jefferson County Code of Ordinances (2005). They are stated herein by number and subject matter and by the authority of the Board of Supervisors comprise the Jefferson County Code of Ordinances (2005):
Title - 1 General Provisions.
1-10 - Code Adoption.
1-20 - Penalties. Click here
Title - 2 Health and Sanitation. Click here
2-10 - Lead-Based Paint Hazards. Click here
2-20 - Separation of Certain Solid Wastes. Click here
2-30 - Nuisances. Click here
2-40 - Hazardous Substances. Click here
Title - 3 Water. Click here
3-10 - Disposal Systems. Click here
3-15 - Disposal System Contractors. Click here
3-20 - Wells and Water Supply Systems. Click here
3-25 - Plugging Abandoned Wells. Click here
Title - 4 (Reserved).
Title - 5 Development of Real Property. Click here
5-10 - Subdivisions. Click here
5-20 - Uniform Rural Address System. Click here
5-30 - Jefferson County Airport Tall Structures Ordinance. Click here
5-35 - Washington Municipal Airport Zoning Ordinance. Click here
Title - 6 County Roads and Right of Way. Click here
6-10 - Protection and Preservation of Jefferson County's Roadway Right-of-ways. Click here
6-15 -Entrances onto County Roads. Click here
6-20 - Dirt Road Improvements. Click here
6-30 - Secondary Road Service During the Winter Months. Click here
6-40 - Area Service System B Road Classification. Click here
6-45 - Area Service System C Road Classification. Click here
Title - 7 (Reserved).
Title - 8 Services and Facilities. Click here
8-10 - Voting Precincts. Click here
8-20 - General Assistance. Click here
8-30 - Courthouse Parking Lot. Click here
Title - 9 Tax and Finance. Click here
9-10 - Partial Property Tax Exemptions for Industrial Property on which Improvements have been Made. Click here
9-20 - Local Option Sales and Services Tax within Fairfield, Libertyville, Lockridge, and Packwood. Click here
9-23 - Local Option Sales and Services Tax within Batavia, Pleasant Plain, and Unincorporated Jefferson County. Click here
9-26 - Local Option Sales and Services Tax within Maharishi Vedic City. Click here
9-30 - Providing for the Division of Taxes Levied on Taxable Property in the Urban Renewal Area. Click here
SECTION 3. Official Copy. The official copy, bearing the signatures of the members of the Board of Supervisors and the Jefferson County Auditor, shall be maintained in the office of the Jefferson County Auditor.
SECTION 4. Repeal of Past County Ordinances. All Jefferson County Ordinances passed prior to the approval of the Jefferson County Code of Ordinances (2005) are hereby repealed. It is the intention of the Board of Supervisors that the Jefferson County Code of Ordinances (2005) shall be the full and complete listing of all ordinances in force and effect in Jefferson County, Iowa.
SECTION 5. Amendments. All future ordinances of the Board of Supervisors shall be in the form of an addition or an amendment to the Jefferson County Code of Ordinances (2005) and shall include proper references to chapter and section to maintain the orderly codification of ordinances.
SECTION 6. Effect of Code on past actions and obligations. Neither the adoption of the Jefferson County Code of Ordinances (2005) nor the repeal or amendments hereby of any ordinance or part or portion of any ordinance of Jefferson County shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any fee or penalty at said effective date due or unpaid under such ordinance.
SECTION 7. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION 8. Severability Clause. If any section, provision, or part of this ordinance or any chapter of the adopted Jefferson County Code of Ordinances (2005) shall be adjudged invalid or unconstitutional, such adjudication shall not effect the validity of the ordinance or the adopted Code as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional.
SECTION 9. Effective Date. This ordinance and the adopted Jefferson County Code of Ordinances (2005) shall be effective after passage and approval and publication of this ordinance as provided by law.
SECTION 1. Purpose. The purpose of this ordinance is to establish the possible penalties for persons violating the Jefferson County Code of Ordinances (2005) for the public convenience, safety, and general welfare of the citizens of Jefferson County, Iowa.
SECTION 2. Penalties for Violation. Any person, firm, or corporation, their agents or servants, upon whom a duty is placed by the provisions of the Jefferson County Code of Ordinances (2005), who shall fail, neglect, or refuse to perform such duty or who shall violate any of the provisions of this code for which a penalty is not otherwise provided, shall be deemed guilty of a simple misdemeanor. Upon conviction, said person, firm, or corporation, their agents or servants, shall be fined in a sum between $50.00 and $500.00, or imprisoned for a term not to exceed thirty (30) days, or both.
SECTION 3. Surcharge. Pursuant to Iowa Code Section 331.302(2), the criminal penalty surcharge required by Iowa Code Section 911.2 shall be added to a county fine and is not considered part of the county penalty described in Section 2 of this Chapter.
SECTION 4. Determining the number of violations. Each day that a violation of the Jefferson County Code of Ordinances (2005) continues shall constitute a separate and distinct offense and shall be punishable as such.
SECTION 1. Adoption of Rule. Iowa Administrative Code 641-Chapter 68, "Control of Lead-Based Paint Hazards," is adopted by reference.
Click here to go to the Added Chapter, SECTION 2-13 - QUARANTINE AND ISOLATION.
SECTION 1. Purpose. Jefferson County finds that it is necessary to establish this ordinance to comply with applicable State law pertaining to the separation of yard wastes from other solid wastes generated by citizens of this county.
SECTION 2. Definition. "Yard waste" shall have the same definition as promulgated by the Iowa Department of Natural Resources, but in the absence of such definition, at least said term shall include grass clippings, leaves and small twigs and branches one inch in diameter or less.
SECTION 3. Prohibited Acts. It shall be unlawful for any person, firm, corporation, association or entity of any kind to commingle, mix or dispose of yard waste in any way with other solid wastes, which solid wastes are delivered to any private or public carrier or hauler within the county.
SECTION 1. Definitions. The term "nuisance" shall mean whatever is injurious to health, indecent or offensive to the senses or an obstacle to the free use of property so as essentially to interfere with the comfortable enjoyment of life or property. The following are declared to be nuisances, to-wit:
1. The depositing or storing of flammable junk, such as old rags, rope, cordage, rubber, bones and paper within the County, unless it be in a building or container of fireproof construction except those legitimate businesses who routinely collect and/or store such material on a temporary basis.
2. Dense growth of all weeds, vines, brush, or other vegetation so as to constitute a health, safety or fire hazard.
3. Accumulation of decayed animal or vegetable matter, garbage, trash rubbish, rotting lumber, junk, and any other material which constitutes a health, safety or fire hazard.
4. Accumulation of junk automobiles and machinery, except for those legitimate businesses of salvage yards, junk dealers or farm machinery used for spare parts, defined as follows:
"Any other vehicle which, because of its defective or obsolete condition, in any way constitutes a threat to the public health and safety."
5. Any abandoned refrigerator, freezer or ice box which does not have the door or locks removed therefrom.
6. All buildings so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for any useful purpose.
7. All open and unguarded pits, wells, excavations or unused basements freely accessible from any public roadway, street, alley or sidewalk.
SECTION 2. Nuisances Prohibited. The creation or maintenance of a nuisance is hereby prohibited and a nuisance public or private, may be abated in the manner provided in Sections three and four, and five hereinafter.
SECTION 3. Abatement.
A. Whenever the majority of the Board of Supervisors finds that a nuisance exists, they shall cause to be served upon the property owner, as shown by the records of the County Auditor, and upon the person occupying the premises, if the owner is not occupying the same, a written notice to abate the nuisance within a reasonable time after notice.
B. The notice to abate shall contain a description of what constitutes the nuisance, the location of the nuisance, a statement of the act or the acts necessary to abate the nuisance, the reasonable time within which to complete the abatement, a statement that if the nuisance is not abated as directed and no request for a hearing is made within the time prescribed, the County will abate it and assess the cost against such person, a statement that the person requested to abate the nuisance may request a hearing and the manner and time in which said hearing may be requested.
C. The notice may be in the form of an ordinance or sent by certified mail.
D. Any person ordered to abate a nuisance may have a hearing with the Board of Supervisors as to whether a nuisance exists. A request for a hearing must be made in writing and delivered to the Board of Supervisors within the time stated in the notice, or it will be conclusively presumed that the nuisance exists and must be abated as ordered. At the conclusion of the hearing, the Board of Supervisors shall render a written decision as to whether a nuisance exists. If they find that a nuisance exists, they will order it abated within an additional time which must be reasonable under the circumstances. The findings of the Board of Supervisors shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time under the circumstances.
E. If the person notified to abate the nuisance neglects or fails to abate as directed, the County may perform the required action to abate, keeping an accurate account of the expenses incurred. The Board of Supervisors shall approve the expenses for the abatement action. The Board of Supervisors shall mail a statement of the total expense incurred to the property owner who has failed to abate the nuisance and if the amount shown by the statement has not been paid within one month, the County Auditor shall then collect it in the same manner as general property taxes.
SECTION 4. Abatement in Emergency. If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance, the County may perform any action which may be required under this ordinance without prior notice. The County shall assess the costs as provided in Section 3, after notice to the property owner under applicable provisions of Section 3 and hearing as therein provided.
SECTION 5. Exclusions. This Ordinance shall not apply to a farm operation. The following definitions shall apply to this section:
1. "Farm operation" means a condition or activity which occurs on a farm in connection with the production of farm products and includes but is not limited to the raising, harvesting, drying, or storage of crops; the care or feeding of livestock; the handling or transportation of crops or livestock; the treatment or disposal of wastes resulting from livestock; the marketing of products at roadside stands or farm markets; the creation of noise, odor, dust, or fumes; the operation of machinery and irrigation pumps; ground and aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor.
2. "Farm" means the land, buildings, and machinery used in the commercial production of farm products.
3. "Farm products" means those plants and animals and their products which are useful to people and includes but is not limited to forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, livestock, fruits, vegetables, flowers, seeds, grasses, trees, fish, honey, and other similar products, or any other plant, animal, or plant or animal product which supplies people with food, fee, fiber, or fur.
SECTION 6. Penalty. In addition, any violation of this chapter shall be a county infraction which is punishable by a civil penalty of not more than $500.00 for each violation or if the infraction is a repeat offense, a civil penalty not exceeding $750.00 for each repeat offense.
SECTION 1. Purpose. In order to reduce the danger to public health, safety and welfare from the spills of hazardous substances these regulations are promulgated to establish responsibility for the removal and clean up of spills within Jefferson County, Iowa.
SECTION 2. Definitions. For use in this Ordinance, certain terms or words used herein shall be interpreted or defined as follows:
1. "Hazardous waste" means those wastes which are included by definition in Section 455B.411, subsections 3, paragraph a, Code of Iowa, and the rules of the Iowa Department of Natural Resources.
2. "Hazardous substance" means any substance defined in Section 455B.381, subsection 5, Code of Iowa.
3. "Hazardous condition" means the same as set out in Section 455B.381, subsection 2, Code of Iowa.
4. "Person having control over a hazardous substance" means the same as set out in Section 455B.381, subsection 7, Code of Iowa.
5. "Clean up" means the same as set out in Section 455B.381, subsection 1, Code of Iowa.
6. "Treatment" means a method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of a hazardous substance so as to neutralize it or to render the substance nonhazardous, safe for transport, amenable for recovery, amenable for storage, or to reduce it in volume. Treatment includes any activity or processing designed to change the physical form or chemical composition of hazardous substance to render it nonhazardous.
SECTION 3. Clean Up Required. Whenever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking or placing of a hazardous waste or substance, so that the hazardous substance or waste or a constituent of the hazardous waste or substance may enter the environment, or be emitted into the air or discharged into any waters, including ground waters, the responsible person shall cause the condition to be remedied by a clean up, as defined in the preceding section, as rapidly as feasible to an acceptable, safe condition. The costs of clean up shall be borne by the person having control over a hazardous substance. If the person having control over a hazardous substance does not cause the clean up to begin in a reasonable time in relation to the hazard and circumstances of the incident, the county may proceed to procure clean up services and bill the responsible person. If the bill for those services is not paid within thirty (30) days, the County Attorney shall proceed to obtain payment by all legal means. If the cost of the clean up is beyond the capacity of the County to finance it, the authorized officer shall report to the Board of Supervisors and immediately seek any state or federal funds available for said clean up.
SECTION 4. Notifications. The first county officer or employee who arrives at the scene of an incident involving hazardous substances, if not a peace officer, shall notify the Jefferson County Sheriff's Department which shall notify the proper state office in the manner established by the state.
Click here to go to the Added Chapter, SECTION 2-50 - KEG REGISTRATION AND DOCUMENTATION.
SECTION 1. Definitions: All terms defined in Chapter 69.1(2) and Chapter 69.3(1) of the Iowa Administrative Code 567, shall be defined the same for this ordinance. In addition, the following terms shall be defined as follows:
1. "Alter" means to change or make different, to modify.
2. "Construct" means to form by assembling parts; build; erect; to create.
3. "Extend" means to expand, enlarge, or increase the size of the system.
4. "Install" means to set in position and connect or adjust for use.
5. "Nuisance" means whatever is injurious to health, indecent, or offensive to the senses or an obstacle to the free use of property so as to essentially interfere with the comfortable enjoyment of life or property. This shall include all definitions in Section 657.2 of the Code of Iowa.
6. "Reconstruct" means to construct again or redo.
7. "Repair" means to restore to sound condition after injury, damage, or use or to fix.
SECTION 2. Purpose: These rules and regulations are adopted as mandated by Section 455B.172 of the 1999 Code of Iowa. Pursuant to the authority granted the Jefferson County Board of Health under Chapter 137 of the 1999 Code of Iowa, the Jefferson County Board of Health will enforce the rules adopted by this ordinance. These rules are to promote the public health and welfare of the citizens of Jefferson County, and for the public good.
SECTION 3. Specific Requirements Reference: All rules and regulations, as amended, of the Iowa Department of Natural Resources or other appropriate agency pertaining to sewage, commercial wastes, and excreta disposal, more specifically, Chapter 69 of the Iowa Administrative Code, 567-69 (1999 or as thereafter amended) as well as the provisions of Iowa Administrative Code, 567-39(1999 or as thereafter amended)(pertaining to requirements for properly plugging abandoned wells) and Iowa Administrative Code 567-49 (1999 or as thereafter amended)(pertaining to nonpublic water supply wells) shall apply in Jefferson County, Iowa effective after proper publication, notice, public hearing, and acceptance by the Jefferson County Board of Health and the Jefferson County Board of Supervisors, of these rules. These rules do apply to all sanitary disposal systems, used for any purpose, if through poor construction, operation, upkeep or maintenance such sanitary disposal systems do allow significant contamination to enter ground water.
SECTION 4. Permits:
A. No person shall build a structure requiring installation or construction of a new disposal system, or reconstruct, repair, extend, or alter an existing disposal system for any person within Jefferson County, Iowa without first obtaining a permit from the health officer. A person means any person, firm, association, partnership, business, trust, corporation, company, or other entity recognized by law. This section applies to the owner of the property, owner's agent, occupant, or to any contractor hired by owner, owner's agent, or occupant.
B. The application for a permit to install, construct, reconstruct, repair, extend, or alter a disposal system shall be submitted to the health officer. The application shall include such information as the legal description of the property, property owner of record, soil profile description, the type of system desired, and any other pertinent information for the disposal system as may be required by the health officer. Each application form submitted for permit shall be accompanied with the required fee as set by the Jefferson County Board of Health, with checks made payable to the: Jefferson County Public Health along with form "General Discharge Permit #4". No application for permit fee shall be refundable or permit transferable. After all the requirements for the permit have been met and conditions for construction complied with design limitations, the health officer may issue the permit to the property owner of record.
C. No disposal system shall be installed where a public sewer is available within two hundred and fifty feet, unless specific variance is granted.
D. No disposal system shall be covered or so constructed as to prevent a thorough final inspection and periodic monitoring by the health department. If a system is so covered as to prevent a final inspection by the health officer, the health officer may require the disposal system to be uncovered or modified so that an inspection may occur.
E. Permits shall expire and have no further validity if the installation, construction, reconstruction, repair, extension, or alteration is not completed within eighteen (18) months from the date the permit is first issued. A new application and fee will be required in such cases.
F. The permit shall be signed by the health officer upon initial authorization and final inspection.
G. Municipal disposal system permits are required by some incorporated municipalities in Jefferson County. Where such municipal permits is required in addition to the county permit, the health department will aid the applicant to expedite the process.
SECTION 5. Fees: All fees are payable to the administrative authority. The fees set herein may be changed by the Board of Health from time to time as deemed necessary by the Board of Health. The current fees are:
1. One hundred dollars for septic tank, subsurface absorption field, or sand filter or other alternative on- site wastewater treatment and disposal system inspections. This includes permits for installation or repair.
2. Seventy five dollars for effluent test inspection.
3. Fifty dollars for any well water quality test.
SECTION 6. Enforcement: The administrative authority shall enforce these rules.
SECTION 7. Inspections:
A. Whenever the Health Officer has reasonable grounds to believe that a violation of these ruses exist, he may enter upon and make an inspection of such premises, property, building or place to gather necessary information, data, measurements, or necessary specimens for the purpose of laboratory analysis. The owner, or occupants of such premises shall permit the Health Officer to enter such premises and to make such inspection, and to obtain such samples, at the request of the Health Officer.
B. Such inspection shall be made at any reasonable time and at other times, with the consent of the occupant, or in case of emergency.
C. The provisions of this section shall apply to all premises, property, or building, vacant or occupied.
D. The Health Officer may make as many additional inspections of such premises as are deemed necessary. Every occupant of a dwelling unit shall give the owner thereof, or his agent, or employee access to any part of such premises or property or disposal system, at all reasonable times for the purpose of making such alterations as are necessary to affect compliance with the provisions of these rules or with any lawful regulation adopted or any lawful order issued pursuant to the provisions of these rules.
SECTION 8. Refusal of Admittance: In the event the Health Officer, in proceeding to enter any premises for the purpose of making an inspection to carry out the provisions of these rules, shall be refused entry, a complaint may be made under oath to any magistrate of the county and said magistrate shall thereupon issue his warrant directed to some peace officer of the county commanding him during some reasonable time, accompanied by the Health Officer, to enter upon such premises and to make such inspection, and to obtain such information, data, and samples as may be required to carry out the provisions of these rules, which order shall be executed by said peace officer accompanied by the Health Officer.
SECTION 9. Notice: Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of these rules or any regulation adopted pursuant to these rules, or that a nuisance condition or health hazard exists, the Health Officer shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall:
1. Be in writing.
2. Be served upon the owner, owners agent, or occupant as the case may require; provided that such notice shall be deemed to be properly served upon such owner, owners agent, or occupant if a copy thereof is served upon him personally; or if a copy thereof is posted in a conspicuous place in or about the premises affected by the notice; or if he or she is served with such notice by any other any method authorized or required under the laws or rules of civil procedure of this state.
3. Include a statement of the reasons why it is being issued.
4. Allow 2 weeks for the applicant to develop, with the Sanitarian, a plan of action to remedy the violation. Said plan of action shall establish a reasonable time for the performance of any action required.
5. Such notice shall contain an outline of remedial action which, if taken, will effect compliance with the provisions of these rules and with regulations adopted pursuant thereto.
SECTION 10. Suspension of Permits:
A. A permit to own or operate, or manage, a disposal system may be suspended, if, upon inspection, the Health Officer considers the conditions are such as to warrant immediate closing of the disposal system until the provisions of these rules are met, and the owner, operator and/or manager shall be notified to prohibit any person from using the disposal system.
B. A suspension of permit shall remain in effect until the violation has been corrected to the satisfaction of the Health Officer, and any cost of such correction, including, but not limited to, field work, laboratory work, consulting fees and legal fees shall be borne by the applicant for such reinstatement of such permit.
C. When the Health Officer believes the owner, operator, and/or manager has met the provisions of these rules, he may, in writing, authorize the use of the disposal system again.
SECTION 11. Revocation of Permit:
A. Any permit may be revoked by the Health Officer for failure to comply with these rules, or in cases where the permit was obtained by non-disclosure, misrepresentation, or misstatement of pertinent facts. Before a permit is revoked, the Health Officer shall give notice as outlined in SECTION 9 above.
B. A revocation of permit is final.
C. A person who wishes may reapply for a new permit following all the provisions of these rules.
SECTION 12. Hearing: In the event any person is aggrieved by any order made by the Health Officer, he may within twenty (20) days of the date of such order appeal to the Board of Health and in writing state his reasons for requesting such order to be rescinded or modified. The Board of Health shall review the actions of the Health Officer, and if reasonable grounds exist, shall modify, withdraw or order compliance with said order. Appeal from any order of the Board of Health may be taken within twenty (20) days to the District Court of Jefferson County.
SECTION 13. Penalty: Any person who violates any provisions of this ordinance, rules of the administrative authority, or Iowa Administrative Code 567-39, 567-49, or 567-69 or the rules of the local Board of Health or any lawful order of said board, its officers, or authorized agents shall be guilty of a simple misdemeanor and shall be subject to any and all penalties described in Jefferson County Home Rule Ordinance 1-20. Each additional day of neglect or failure to comply with such provision, rule or lawful order after notice of violation by the local board shall constitute a separate offense. However, in no event shall the total fine subject to this provision exceed One Thousand Five Hundred Dollars ($1,500.00).
SECTION 14. Authority and Effective Date: Effective upon adopting and public notice and hearing under the provisions of the 1999 Iowa Code, Chapter 137, all disposal systems in Jefferson County shall comply with the provisions of these rules including all new disposal systems, those disposal systems undergoing installation, repair, alteration, extension, or completion. The Health Officer shall have the authority to visit the disposal system during any reasonable time and to collect the necessary data, without prior notice. The Board of Health may also require the issuance of permits, the posting of performance bonds, the charging of fees, the submission of covenants, and other data necessary.
Click here to go to the Amendment to: CHAPTER 3-10. DISPOSAL SYSTEMS..
SECTION 1. License Required. No person, firm or corporation shall engage in the business of a "Disposal System Contractor" in the County without having first obtained a license therefore as herein required. Applications for such license shall be made to the Board of Supervisors, upon forms furnished by said Board, setting forth such information therein as to identify the applicant and his background of training and experience.
SECTION 2. Definition. The term "Disposal System Contractor" as used in this ordinance is hereby defined and shall be construed to mean any person, firm or corporation engaged in the business of installing, constructing, reconstructing, repairing, extending or alternating a waste water disposal system.
SECTION 3. Bond. Before such Disposal System Contractor's license shall be issued, the applicant therefor shall file with the Jefferson County Auditor a surety company bond in the sum of at least Ten Thousand Dollars ($10,000.00) subject to the approval of the County Attorney, which bond shall be conditioned that the principal therein shall properly observe all the ordinances of the County pertaining to the work of a Disposal System Contractor and all rules and regulations established by the County pertaining to such work, and shall further indemnify and save harmless the County and any and all persons therein for whom such licensee might work as a Disposal System Contractor against all losses and damages that may result by reason of inadequate, improper, or negligent workmanship by himself, his servants, or employees, or by reason of furnishing unsatisfactory material by such licensee or his servants or employees in the performance of any work as a Disposal System Contractor; and a further condition of such bond shall state that the amount of said bond shall be and exist for the benefit of all persons injured or aggrieved by any violation of any ordinance of the County or any neglect to observe the provisions of any such ordinance or the rules and regulations established thereunder. Such bond may be renewable at the time the principal thereon shall renew his Disposal System Contractor license.
Upon failure or refusal of the applicant or licensee to furnish and maintain a bond as herein prescribed, his Disposal System Contractor license shall be revoked.
This bond may be cancelled as to future liability by the Surety upon thirty (30) days written notice to Jefferson County and the Disposal System Contractor sent by regular mail. The aggregate liability of the Surety to any and all persons, regardless of the number of claims made against this bond or the number of years this bond remains in force, shall in no event exceed the amount set forth above. Any revision of the bond amount shall not be cumulative.
SECTION 4. Suspensions or Revocation of License: Effect. Any licensee who shall (1) neglect or refuse to comply with the provisions of this ordinance or the rules and regulations established thereunder by County ordinance or rules and regulations, or with the conditions under which any permit shall be issued, or (2) who shall falsify any statements in his application for license, or (3) who shall violate any provisions of any ordinance of the County, or (4) who shall violate any provisions of the laws of the state shall be subject to have his license suspended or revoked. Any license herein authorized to be issued may be suspended by the Board of Supervisors of the County as hereinafter set forth. If such license is suspended, the license and all evidence thereof shall be surrendered by the licensee, and shall be held by the Board of Supervisors until the final disposition is made of such suspension.
It shall be unlawful for the suspended licensee or any one working in his behalf to do any work as a Disposal System Contractor while such suspension continues to exist.
In connection with the notice of suspension, a statement in writing shall be prepared by the Board of Supervisors suspending the license setting forth specifically the charges or grounds for which the license was suspended and the facts on which suspension is based, and such statement shall be served on the licensee at the same time the notice of suspension is served.
Immediately upon such suspension the Board of Supervisors shall give a notice in writing to the licensee or to any person in charge of the licensee's business at the address designated in the license that a hearing will be held before the Board of Supervisors at such time and place stated in the notice, not less than three days and not more than fifteen days from the date of such suspension, at which time and place stated in the notice, not less than three days and not more than fifteen days from the date of such suspension shall be investigated by the Board of Supervisors to determine if the basis for the suspension exists. If said Board of Supervisors finds that the basis of suspension is substantiated by the facts, the license shall be revoked forthwith, but if the basis of suspension is not established by the evidence submitted, the license shall be reinstated.
In the event that a license issued under this ordinance is revoked, such person and all persons officially connected with such license shall be ineligible to obtain another Disposal System Contractor's license in the County for a period of one year from the date of such revocation.
SECTION 5. Penalty. Violation of any provisions of this ordinance is a simple misdemeanor and shall be subject to any and all penalties described in Jefferson County Home Rule Ordinance 1-20. This sanction is not intended to be an exclusive remedy, and any and all other remedies in law or equity remain available to insure compliance with this ordinance.
SECTION 1. Purpose: These rules are to promote the public health and welfare of the citizens of Jefferson County and for the public good no person shall waste, pollute, endanger or abuse the waters of the state, either above or below ground surface; nor shall any person construct, use, operate, maintain, install or abandon any well, cistern, pump, pipe, casing, tank or any part of a water supply system in any manner to the vexation or detriment of any person or property or waters of the state, either above or below ground surface, anywhere in Jefferson County, Iowa.
SECTION 2. Specific Requirements Reference: All rules and regulations, as amended, of the Iowa Department of Water, Air, and Waste Management or other appropriate agency pertaining to nonpublic water wells, water supply systems and pumping equipment, more specifically, Chapter 49 of the Iowa Administrative Code, 567-49.15 (2001, or as thereafter amended) shall apply in Jefferson County, Iowa effective after proper publication, notice, public hearing, and acceptance by the Jefferson County Board of Health and the Jefferson County Board of Supervisors, of these rules. These rules do apply to all wells, used for any purpose, if through poor construction or operation such wells can allow significant contamination to enter ground water.
SECTION 3. Permits:
A. No person shall begin construction of any nonpublic well or water supply system for any purpose within the area of Jefferson County, without first completing an application for permit.
B. A permit is necessary to construct or reconstruct any nonpublic well or water supply system. An applicant must file an application with the Health Officer or designated assistant, stating therein the owner's name, the correct street address, or road, section and township, the type of system desired, with other pertinent information as may be required, plus any required fee.
C. Upon approval of the application by the Health Officer, a nonpublic well or water supply system permit and permit warning cards will be issued.
D. Permits shall expire and have no further validity if the construction or reconstruction is not completed within six (6) months from the date of issuance.
E. The permit shall be signed by the Health Officer upon initial authorization and final inspection approval. No nonpublic well or water supply system shall be covered or so constructed as to prevent in any way a thorough final inspection and periodic monitoring by the Health Officer.
F. Permit warning cards shall be displayed during the entire construction period so as to be plainly visible. Permit warning card are available from the Health Officer, or designated assistant.
G. Water system permits are required by some governmental entities. Where such permit is required in addition to the county permit, the Health Officer will aid the applicant to expedite the process. No county permit will be approved until all other rules and regulations are met.
H. A well log and well log sketch signed by the well driller and a pump and equipment installation report signed by the pump and equipment installer, shall be submitted to the Health Officer prior to final approval of any nonpublic well or water supply system construction, reconstruction or rehabilitation.
I. During the installation if it is found necessary to make any substantial change from the plan on which a permit was issued, permission will be obtained in writing from the Health Officer, an "as built" plans shall be submitted upon completion of the installation.
J. "As built" plans, nonpublic well construction reports and/or water well pump and equipment installation reports shall also be submitted to the Health Officer, upon completion of any minor changes which do not necessitate a full permit.
SECTION 4. Fees: A fee of $50.00 payable to the administrative authority, shall be paid prior to the issuance of any water system or nonpublic well permit for any construction on any such system not previously approved. There shall be no fee for a permit for any construction on any such previously approved system.
SECTION 5. Inspections:
A. Whenever the Health Officer has reasonable grounds to believe that a violation of these rules exist, he may enter upon and make an inspection of such premises, dwelling or other buildings or place and to gather other necessary information, including water samples or necessary specimens for the purpose of laboratory analysis. The owner, or occupant of such premises shall permit the Health Officer to enter such premises and to make such inspections, and to obtain such samples, at the request of the Health Officer.
B. Such inspection shall be made at any reasonable time and at other times, with the consent of the occupant, or in case of emergency.
C. The provisions of this section shall apply to all premises, buildings, or dwellings, vacant or occupied.
D. The Health Officer may make as many additional inspections of such premises as are deemed necessary. Every occupant of a dwelling unit shall give the owner thereof, or his agent, or employee access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to affect compliance with the provisions of these rules or with any lawful regulation adopted or any lawful order issued pursuant to the provisions of these rules.
SECTION 6. Notice: Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of these rules or any regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall:
1. Be in writing.
2. Be served upon the owner, owners agent, or occupant as the case may require; provided that such notice shall be deemed to be properly served upon such owner, owners agent, or occupant if a copy thereof is served upon him personally; or if a copy thereof is sent by certified mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the premises affected by the notice; or if he or she is served with such notice by any other any method authorized or required under the laws or rules of this state.
3. Include a statement of the reasons why it is being issued.
4. Allow a reasonable time for the performance of any act it requires.
5. Such notice shall contain an outline of remedial action which, if taken, will effect compliance with the provisions of these rules and with regulations adopted pursuant thereto.
SECTION 7. Refusal of Admittance: In the event the Health Officer, in proceeding to enter any premises for the purpose of making an inspection to carry out the provisions of these rules, shall be refused entry, a complaint may be made under oath to any magistrate of the county and said magistrate shall thereupon issue his warrant directed to some peace officer of the county commanding him during some reasonable time, accompanied by the Health Officer, to enter upon such premises and to make such inspection, and to obtain such information, data, and samples as may be required to carry out the provisions of these rules, which order shall be executed by said peace officer accompanied by the Health Officer.
SECTION 8. Penalty: Any person violating these rules or any provision thereof, shall be guilty of a simple misdemeanor and shall be subject to any and all penalties described in Jefferson County Home Rule Ordinance 1-20.
SECTION 1. Purpose. These rules are to promote the public health and welfare of the citizens of Jefferson County. For the public good, to protect the groundwater by permanently sealing off contamination to individual aquifers, all abandoned wells located in Jefferson County, Iowa, shall be properly plugged in accordance with Iowa Code Section 455B.190 and according to the schedule and required procedures for the proper plugging of abandoned wells as specified in Chapter 39 of the Iowa Administrative Code, 567-39.
SECTION 2. Specific Requirements. All rules and regulations, as amended, of the Environmental Protection Commission or other appropriate agency pertaining to the proper plugging of all abandoned wells, more specifically, Chapter 39 of the Iowa Administrative Code, 567-39 (or as thereafter amended) shall apply to Jefferson County, Iowa, effective after proper publication notice, public hearing and acceptance by the Jefferson County Board of Supervisors of these rules.
SECTION 1. Short Title and Purpose.
A. Short Title. This ordinance shall be known as the "Subdivision Ordinance" of Jefferson County, Iowa.
B. Purpose. The purpose of this ordinance is to provide minimum standards for the design, development, and improvement of all new subdivisions and resubdivisions of land, so that agricultural land and all other existing land uses will be protected, and so that growth occurs in an orderly manner, and to promote the public health, safety and general welfare of the citizens of Jefferson County, Iowa.
SECTION 2. Definitions. For the purpose of this ordinance, certain words herein shall be defined, and interpreted as, follows: Words used in the present tense shall include the future, the singular shall include the plural, the plural shall include the singular, the masculine gender shall include the feminine, the term "shall" is always mandatory, and the term "may" is permissive.
1. "Acquisition plat" means the graphical representation of the division of land or rights in land, created as the result of a conveyance or condemnation for right-of-way purposes by an agency of the government or other persons having power of eminent domain.
2. "Administrative officer" means the person assigned by the Board of Supervisors the duty to administer this ordinance and enforce its provisions.
3. "Agricultural operation" means the production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock as defined by Iowa Code, including beef cattle, sheep, swine, ostriches, rheas, emus, bison, farm deer, horses, goats or any hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, vegetable; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation management program.
4. "Aliquot part" means 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 one-quarter of one-quarter shall be considered an aliquot part of a section.
5. "Alley" means public property dedicated to public use primarily for vehicular access to the back or side of properties otherwise abutting on a street.
6. "Auditor's Plat" means a subdivision plat required by either the County Auditor or the County Assessor prepared by a surveyor under the direction of the County Auditor.
7. "Block" means an area of land within a subdivision that is entirely bounded by streets, railroad rights-of-way, rivers, tracts of public land, or the boundary of the subdivision.
8. "Board" means the Board of Supervisors of Jefferson County, Iowa.
9. "County Engineer" means the professional engineer licensed in the State of Iowa designated as County Engineer by the Board of Supervisors.
10. "Conveyance" means the transfer of title to land, which may be evidenced by the filing of an instrument with the County Recorder, including any form of deed or contract.
11. "Cul-de-sac" means a street having one end connecting to another street and the other end terminated by a vehicular turn around.
12. "Division" means the dividing of a tract or parcel of land into two or more parcels by conveyance or for tax purposes, except the conveyance of an easement, other than public highway easement, shall not be considered a division for the purpose of the Ordinance.
13. "Easement" means an authorization by a property owner for another to use a designated part of his property for a specified purpose.
14. "Flood Hazard Area" means any area subject to flooding by a one percent (1%) probability flood, otherwise referred to as a one hundred (100) year flood, as designated by the Iowa Natural Resources Council or the Federal Flood Insurance Administration.
15. "Floodway" means the channel of a river or other watercourse and the adjacent lands that must be reserved in order to discharge the waters of a one hundred (100) year flood without cumulatively raising the waterway surface elevation more than one (1) foot.
16. "Government lot" means a tract, within a section, that is normally described by a lot number as represented and identified on the township plat of the United States public land survey system.
17. "Improvements" mean changes to land necessary to prepare it for building sites, including, but not limited to, grading, filling, street paving, curb paving, sidewalks, walkways, water mains, sewers and drainage ways.
18. "Lot" means a tract of land represented and identified by a number or letter designation on an official plat.
19. "Metes and bounds" description means a description of land that uses distances and angles, uses distances and bearings, or describes the boundaries of the parcel by reference to physical features of the land.
20. "Official plat" means either an auditor's plat or a subdivision plat that meets the requirements of Chapter 354 and has been filed for record in the offices of the County Recorder, County Auditor, and County Assessor.
21. "pen space" means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complimentary structures and improvements as are necessary and appropriate.
22. "Owner" means the legal entity holding title to the property being subdivided, or such representative or agent as is fully empowered to act on its behalf.
23. "Parcel" means a part of a tract of land.
24. "Permanent real estate index number means" a unique number or combination of numbers assigned to a parcel of land pursuant to section 441.29 of the Code of Iowa.
25. "Plat" means a map, drawing, or chart on which a subdivider's plan for the subdivision of land is presented to the Board of Supervisors for approval, and is intended, in its final form, to be recorded.
26. "Plat of survey" means the graphical representation of a survey of one or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a licensed land surveyor.
27. A "preliminary plat" means a subdivider's proposed map, drawn to scale and including the subdivision's proposed layout, which shall comply with the requirements in section 6(B) of this ordinance and is intended to be used as the starting point for the development of a final plat.
28. A "public sewer system" means any system designed for the collection, treatment, and disposal of wastes that is not a private on-site sewage treatment system.
29. "Resubdivision" means any subdivision of land that has previously been included in a recorded plat. In appropriate context, it may be a verb referring to the act of preparing a plat or preparing a plat of previously subdivided land.
30. "Street" means public or private property, not an alley, intended for vehicular circulation. In appropriate context, the term "street" may refer to the right-of-way bounded by the property lines of such public or private property, or may refer to the paving installed within such right-of-way.
31. "Subdivider" means the owner of the property being subdivided, or such other person or entity empowered to act on the owner's behalf.
32. "Subdivision" means the division of a tract of land into separate lots or parcels for the purpose of transfer of ownership or building development. The term, when appropriate to the context, may refer to the process of subdividing or to land subdivided.
33. "Subdivision plat" means the recorded graphical representation of the subdivision of land, prepared by a licensed land surveyor, having a number or letter designation for each lot within the plat and a succinct name or title that is unique for the county where the land is located.
34. "Surveyor" means a licensed land surveyor who engages in the practice of land surveying pursuant to chapter 542B of the Code of Iowa.
35. "Tract" means an aliquot part of a section, a lot within an official plat, or government lot.
36. "Utilities" mean systems for the distribution or collection of water, gas, electricity, wastewater, storm water, wind, telephone, cable television, and internet.
SECTION 3. General Provisions.
A. Requirements for Plat of Survey. A plat of survey shall be made, showing information developed by the survey, for land which has been divided using a metes & bounds description, or for correcting descriptions of surveyed lands. The grantor or the surveyor shall contact the Jefferson County Auditor, who, for the purpose of assessment and taxation, shall review the division to determine whether the survey shall include only the parcel being conveyed or both the parcel being conveyed and the remaining parcel. The plat of survey shall be prepared in compliance with 355.7 of the Code of Iowa and shall be recorded.
B. Subdivision Plat Requirements. Any tract of land which has been subdivided or shall hereafter be subdivided by the owner, or any subsequent owner, into three (3) or more parts, any part of which is less than a quarter (1/4) of a quarter (1/4) of a section, for the purpose of laying out an addition, subdivision, or building lot shall be made in the form and containing the information as hereinafter set forth before selling or offering for sale any lots therein contained or placing the plat on record.
C. Recording of Plat. No subdivision plat, resubdivision plat or street dedication within Jefferson County, Iowa, shall be filed for record with the County Reorder, or recorded by the County Recorder, until a final plat of such subdivision, resubdivision, or street dedication has been reviewed and approved in accordance with the provisions of this ordinance.
Upon the approval of the final plat by the Jefferson County Board of Supervisors, it shall be the duty of the subdivider to immediately record such plat with the County Recorder, and an exact copy of the plat shall be filed in the offices of the County Auditor and County Assessor. Approval of the final plat by the Board of Supervisors shall be void if the plat and its proceedings are not recorded by the owner in the office of the County Recorder within one hundred twenty (120) days after date of approval, unless, within that time, an extension based upon unusual circumstances is granted by the Board of Supervisors.
D. Fees Established. The Board of Supervisors shall, from time to time, establish by resolution fees for the review of plats. No plat for any subdivision or resubdivision shall be considered filed with the Board of Supervisors unless and until said plat is accompanied by the fee as established by resolution of the Board of Supervisors and as required by this ordinance.
E. Violations. A violation of any regulation of this ordinance is a County infraction as specified in Iowa Code section 331.307, and all subsequent amendments and revisions thereto.
F. Penalties. The penalty shall be all those available under Iowa Code section 331.302 (15), and all subsequent amendments and revisions thereto.
G. Exception. Parcels created by the governments of the United States of America, the State of Iowa, or any political subdivisions thereof, shall be exempt from the requirements of this article.
H. Building Prohibited. No building shall commence on any lot, nor shall any structure be moved onto any lot, parcel or tract, where a subdivision is required by this ordinance unless and until a final plat of such subdivision has been approved and recorded in accordance with this ordinance and until the improvements required by this ordinance have been installed.
I. Appeal of Disapproval or Denial of Board of Supervisors. Any appeal of the Board of supervisors' decision shall be made to the district court in accordance with Iowa Code Section 354.10 and shall be perfected within twenty (20) days as prescribed by that Section.
SECTION 4. Improvements.
A. Improvements Required. The subdivider shall, at their own expense, install, construct and maintain any improvements required by this ordinance. In no case shall Jefferson County own, operate or maintain the improvements required in this ordinance. All required improvements shall be installed and constructed in accordance with the design standards established for such improvements by the County, and as shown on the approved final plat.
Exception: Public secondary roads which are currently a part of the Jefferson County Secondary Road System, after being improved by and at the developer's expense as required by this ordinance, shall be maintained by Jefferson County.
B. Inspection.
1. All improvements shall be inspected to ensure compliance with the requirements of the final plat. The cost of such inspection shall be borne by the subdivider.
2. Failure to satisfactorily complete all improvements shall be considered a violation of this ordinance. A new violation occurs each day all the improvements remain incomplete beyond the agreed upon deadline.
C. Minimum Improvements. Non-agricultural or residential subdivision, or any subdivision which will include any new road, or alteration of natural drainage ways, or the installation of sewage collection or water facilities, shall adhere to the following minimum standards. The improvements set for the below shall be considered the minimum improvements necessary to protect the public health, safety and welfare:
1. Streets: The subdivider of land being subdivided shall be responsible for construction of all streets. All streets shall be constructed so as to meet the standards of Jefferson County as set by Board of Supervisor resolution. In all plats where private roads are to be approved, a Road Association Agreement shall be established to (1) guarantee access to all lots, (2) ensure repair and maintenance of said facilities, and (3) provided for any necessary utility easements.
2. Sanitary Sewer System. Adequate provisions for the disposal of sanitary sewage from the platted area shall be provided with due regard being given to present or reasonably foreseeable needs. If an existing public sanitary sewer system is available within one (1) mile, the developer shall require each individual lot owner to connect to the existing system at the time of home construction. If the proposed subdivision is greater than one (1) mile from an existing system, or the governing body of the system denies access, the developer shall require each individual lot owner to install a disposal system consistent with Jefferson County Ordinance, at the time of construction.
3. Storm Sewer System. The developer shall install and construct a storm water drainage and /or storm sewer system adequate to serve the area. This should include anticipated extension of use to serve additional areas, so as to prevent undue runoff onto adjacent lands.
4. Other improvements. The developer shall be responsible for the installation of grading and seeding or sodding of all lots and all necessary soil erosion control measures during construction; the planting of any required trees; and the installation of street signs and street lighting as required. The developer of land within subdivisions adjacent to an agricultural operation will be fully responsible for the construction of perimeter fencing. Maintenance of said fencing shall be the responsibility of all subsequent owners.
5. Streams and Watercourses: Whenever any stream or surface watercourse is located in an area that is being subdivided, the developer shall, at the developer's expense, make provisions for drainage of surface water.
D. Easements Required. Utility Easements: Where required for the placement of present or future utilities, easements of not less than ten (10) feet in width shall be granted by the owner along rear and, where necessary, side lot lines for public utility requirements. Such easements shall be centered on lot lines, except where prohibited by topography. Easements of greater width may be required along lot lines or across lots when necessary for the placement and maintenance of utilities. No buildings or structure except when necessary for utilities shall be permitted on such easements.
E. Maintenance of Improvements. Unless otherwise approved by the Board of Supervisors, improvements required to be installed shall remain on the property and the responsibility of the subdivider or successors in interest to the lands being subdivided. No subdivision shall be approved until and unless legal covenants, running with the land, sufficient to ensure that the County will not need to assume maintenance responsibility for such improvements(s), have been approved.
SECTION 5. Minimum Standards for the Design of Subdivisions.
A. Standards Prescribed. The standards set forth in this ordinance shall be considered the minimum standards necessary to protect the public health, safety, and general welfare.
B. Land Suitability. No land shall be subdivided that is found to be unsuitable for subdividing by reason of flooding, ponding, poor drainage, adverse soil conditions, adverse geological formations, unsatisfactory topography or other conditions likely to be harmful to the public health, safety or general welfare, unless such unsuitable conditions are corrected to the satisfaction of the Board of Supervisors. If land is found to be unsuitable for subdivision for any of the reasons cited in this section, the Board of Supervisors shall state its reasons in writing and afford the subdivider an opportunity to present data regarding such unsuitability. Thereafter, the Board of Supervisors may reaffirm, modify, or withdraw its determination regarding such unsuitability.
C. Lands Subject to Flooding. No subdivision containing land located in a floodway or a flood hazard area shall be approved by the Board of Supervisors. No lot shall be located so as to include land located within a floodway or flood hazard area unless the lot is of such size and shape that it will contain a buildable area not within the floodway or flood hazard area.
Land located within a flood hazard area or a floodway may be included within a plat as follows, subject to the approval of the Board of Supervisors:
1. Included within individual lots in the subdivision, subject to the limitations of this section.
2. Reserved as open space for recreation use by all owners of lots in the subdivision, with an appropriate legal instrument, approved by the Board of Supervisors, providing for its care and maintenance by such owners.
3. If acceptable to the Board of Supervisors, dedicated to the County as public open space for recreation or for flood control purposes.
D. Soil Erosion and Sediment Control. The subdivider shall submit a letter of intent including a soil erosion and sediment control plan for the entire area of the proposed subdivision. The owner shall bear final responsibility for controlling erosion of the subdivision by such methods as seeding, sodding , earth dikes, sediment basins or other controls as deemed necessary. No preliminary plat and/or final plat shall be granted approval unless it includes a soil erosion and sediment control plan. The following general standards shall apply:
1. Tree cutting and shrubbery clearing shall be so conducted as to prevent erosion and sedimentation and preserve and improve scenic qualities.
2. Earth movements, such as grading, topsoil removal, mineral extractions, stream course changing road cutting, waterway construction or enlargement, removal of stream or lake bed materials, excavation, channel clearing, ditching, drain tile laying, dredging and lagooning, shall be so conducted as to prevent erosion and sedimentation and to least disturb the natural fauna, flora , water course, water regiment and topography.
E. Drainage Requirements. The subdivider shall submit a letter of intent including a drainage control plan for subdivisions with natural drainage courses and waterways. Natural drainage courses and waterways within any subdivision shall be preserved. No preliminary plat shall be granted approval unless it includes a drainage control plan. The following general standards shall apply:
1. Natural drainage courses and waterways within any subdivision shall be preserved in their natural state.
2. Native vegetation shall be used to line eroding or erodable banks.
F. Street Standards. The following standards shall apply to public or private roads, and all private streets to be located within the subdivision.
1. Secondary (public) roads.
a. All subdivisions shall be serviced by a paved or bituminous seal coat surfaced public road.
b. For proposed subdivisions not serviced by a paved or bituminous seal coat surfaced public road, it shall be the responsibility of the developer to improve the roadway from each entrance of the subdivision to the nearest paved bituminous seal coat surfaced public road. Paving plans must comply with all county standards, be prepared by a professional engineer who is licensed to practice in the State of Iowa, and be approved by the County Engineer and the Board of Supervisors.
c. If the subdivision is serviced by a gravel road, the developer shall pay the cost of creating a stabilized sub-base and seal-coating the roadway to the nearest paved road. If the seal-coat requires additional applications, the developer or successors in interest to any part of the subdivision shall be responsible for the cost of the additional application. No subdivision shall be approved until and unless legal covenants, running with the land, sufficient to ensure that the County will not assume the full responsibility for creating a stabilized sub-base, seal-coating, and maintaining the gravel road have been approved.
d. All new driveways proposed as part of the subdivision shall conform to Jefferson County Ordinance.
e. All new streets, public and private, shall be named and all newly erected structures shall be numbered and marked in accordance with Jefferson County Ordinance.
2. Subdivision (private roads):
a. The minimum specifications for streets for new subdivisions in Jefferson County shall be adhered to as established by resolution.
b. All newly erected structures shall be numbered and marked in accordance with Jefferson County Ordinance.
3. Cul-de-sacs:
a. All cul-de-sacs proposed, as part of the subdivision shall be approved by the County Engineer.
b. The maximum length of any proposed cul-de-sac shall be 750 feet.
G. Block and Lot Standards. The following standards shall apply to the layout of blocks and lots in all subdivisions and, to the extent possible, in all resubdivisions.
1. All lots shall be a minimum of 1 acre. However, a variance may be granted for those lots serviced by a public sanitary sewer system.
2. Block and lot arrangement and design shall be such that all lots will provide satisfactory building sites, properly related to topography and surrounding land uses.
3. Block and lot arrangement and design shall be such that all lots will have direct access to a platted roadway. Indirect access via an easement, shared driveway, or unusual shaped lots with a single strip of land for access is unacceptable.
4. Unless unavoidable, lots shall not front or have direct access to arterial streets or county roads. Where unavoidable, lots shall be so arranged as to minimize the number of access points.
SECTION 6. Procedures and Submission Requirements for Plats.
A. Board Approval Required. Final approval of the proposed subdivision plat shall be made by the Board of Supervisors. The subdivider shall submit a preliminary plat and a final plat in accordance with the following order and procedure:
1. The subdivider shall first prepare and file with the Administrative Officer ten (10) copies of the preliminary plat conforming in detail to the requirements set forth in this ordinance.
2. The subdivider shall also prepare and file with the Administrative Officer one (1) digital copy of the preliminary plat conforming with the requirements of the County Engineer.
B. Requirements of the preliminary plat. The preliminary plat shall be drawn at a scale of one-inch equals one hundred feet (1"=100") or larger. A sheet size shall not exceed twenty-four inches by thirty -six inches (24"x 36"). Where more than one sheet is required, the sheets shall show the number of the sheet, the total number of sheets in the plat, and match lines indicating where other sheets adjoin.
The preliminary plat shall be clearly marked "Preliminary Plat" and shall show or have attached thereto, the following:
1. Title, scale, north point and date on each sheet.
2. Proposed name of the subdivision that shall not duplicate or resemble existing subdivision names in the county, and shall be approved by the County Auditor.
3. The name and address of the owner and the name, address and profession of the person preparing the plat.
4. A key map showing the general location of the proposed subdivision in relation to surrounding lands.
5. The names and locations of adjacent subdivisions and the names of record owners and locations of unplatted land located within five hundred (500) feet of the proposed subdivision boundary.
6. The location of property lines, streets and alleys, easements, buildings, utilities, watercourses, tree masses, and other existing features affecting the plan.
7. Contours at vertical intervals of not more than two (2) feet, if the general slope of the site is less than ten (10) percent, and at vertical intervals of not more than five (5) feet, if the general slope is ten (10) percent or greater.
8. The legal description of the area being platted.
9. The boundary of the area being platted, shown as a dark line, with the approximate length of boundary lines and the approximate location of the property in reference to known section lines.
10. The layout, numbers and approximate dimensions of proposed lots.
11. The location, width and dimensions of all streets.
12. Present and proposed utility systems, including, but not limited to, sanitary and storm sewers, other drainage facilities, water systems, gas mains and electric utilities.
13. Proposed easements showing locations, widths, purposed and limitations.
14. Parcels or areas of land proposed to be dedicated or reserved for open space, schools, parks, playgrounds, or other public, semi-public or community purposes, showing proposed surfacing material.
15. A general description of all minimum improvements to be created within the subdivision.
16. Any other pertinent information and necessary information.
17. The fee, as required by this ordinance.
C. Duration of Approval of Preliminary Plat. Approval of the preliminary plat by the Board of Supervisors shall be valid for a period of eighteen (18) months from the date of approval. In the event that a final plat has not been approved within the eighteen (18) month period, the preliminary plat shall be void. The subdivider shall then be required to resubmit the preliminary plat for approval in the same manner as previously prescribed.
D. Requirements of the Final Plat. Following approval of a preliminary plat, as provided for in Sections 6(A) and 6(B) of this ordinance, the subdivider shall, within eighteen (18) months from the date of approval of the preliminary plat, unless such time period has been extended, file with the Administrative Officer ten (10) copies of the final plat or a portion of the final plat for the area covered by said preliminary plat as approved by the Board of Supervisors. The subdivider shall also file one (1) digital copy of the final plat.
The final plat shall be drawn at a scale of one-inch equals one hundred feet (1"=100') or larger. Sheet size shall be no greater than eighteen inches by twenty-four inches (18"x 24") nor smaller than eight and one-half inches by eleven inches (8 ½ "x 11") and shall be of a size acceptable to the County Auditor. If more than one sheet is used, each sheet shall clearly show the number of the sheet, the total number of sheets included in the plat and match lines indicating where other sheets adjoin.
The final plat shall be clearly marked "Final Plat" and shall show the following as set forth within Chapters 354 & 355 of the Iowa Code.
1. The name of the subdivision, as approved by the County Auditor.
2. Name and address of the owner and subdivider.
3. Scale graphic bar scale, north arrow and date on each sheet.
4. All monuments to be of record, as required by Chapter 355, Code of Iowa.
5. Sufficient survey data to positively describe the boundaries of every lot, block, street, easement, or other areas shown on the plat, as well as the outer boundaries of the subdivided lands.
6. All distance, bearing curve, and other survey data.
7. All adjoining properties shall be identified and, where such adjoining properties are a part of a recorded subdivision, the name of that subdivision shall be shown. If the subdivision platted is a resubdivision of a part or the whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made. Resubdivisions shall be labeled as such in a subtitle following the name of the subdivision wherever the name appears on the plat.
8. Street names and a clear designation of public alleys.
9. Block and lot numbers.
10. Accurate dimensions for any property to be dedicated or reserved for public use, and the purpose for which such property is dedicated or reserved for public use.
11. The purpose of any easement shown on the plat shall be clearly stated and shall be confined to only those easements pertaining to public utilities, including: gas, power, telephone, cable television, water and sewer, easements for trails, bikeways, ingress and egress; and such drainage easements as are deemed necessary for the orderly development of the land encompassed within the plat.
12. All interior excepted parcels, clearly indicated and labeled "not a part of this plat".
13. Legal description.
14. The minimum unadjusted accepted error of closure for all subdivision boundaries, which shall be 1:10,000 and shall be 1:5,000 for any individual lot.
15. A statement by a licensed land surveyor that the plat was prepared by the surveyor or under the surveyor's direct personal supervision, signed and dated by the surveyors and bearing the surveyor's Iowa registration number or seal; and a sealed certification of the accuracy of the plat by the licensed land surveyor who drew the plat.
E. Attachments to the Final Plat. The following shall be attached to and accompany any final plat at the time of recording:
1. A certificate by the owner and his or her spouse, if any, that the subdivision is with their free consent, and is in accordance with the desire of the owner and spouse.
2. An attorney's opinion showing that the fee title to the subdivision is free from encumbrance other than those secured by an encumbrance bond.
3. Certificate from the County Treasurer that the subdivision land is free from unpaid taxes.
4. A copy of any existing encumbrance bonds.
5. A statement of restrictions that run with the land and become covenants in the deeds of lots.
6. A statement by the developer setting out a timetable, no longer than two (2) years, for satisfactory completion of all improvements.
7. Unless all improvements are complete prior to the filing of the final plat, a statement by the Administrative Officer that a performance bond in an amount equal to the full cost of the improvements outlined in 6.05(f) above, as estimated by the County Engineer and/or his designee, has been approved by the County Attorney and filed with the County Auditor. Said performance bond shall mean either a surety bond or a cash deposit which is legally sufficient to secure to Jefferson County that the said improvements will be constructed in accordance with this ordinance.
8. A resolution and certified plat approved by the Board of Supervisors.
9. The applicable fee.
10. A statement by the Administrative Officer that all applicable fees have been paid.
F. Procedure for Review & Approval of Final Plat.
1. The Administrative Officer shall provide copies of the final plat to the County Engineer, and such other persons as are necessary for review, and shall schedule that plat for review by the Board of Supervisors within thirty (30) days upon receipt of the final plat. The Administrative Officer shall furnish the County Auditor a copy to be maintained for public viewing.
2. The Administrative Officer and the County Engineer shall examine the plat for compliance with applicable ordinances and standards of the County, shall examine its conformance with the preliminary plat, and shall formulate a report to be given to the Board of Supervisors at the time of the Board's review meeting. Pursuant to Iowa code Section 354.10; approval or denial of the subdivision plat shall occur within sixty-days (60) from the date of application for final approval.
3. If the plat is found to conform to the applicable ordinances and standards of the County, to substantially conform to the preliminary plat, and if it appears that approval will not be in conflict with the purposes of this ordinance, as set out in Section 1(B) above, the Board of Supervisors may approve the final plat and cause its approval to be entered on the plat. The Board of Supervisors may also adopt and pass a resolution accepting the final plat. The County Auditor, upon approval of the final plat by the Board of Supervisors shall certify the resolution and the final plat as evidenced by a seal, signature and date appearing on both documents.
4. If the final plat is disapproved by the Board of Supervisors, the reasons for such disapproval shall be conveyed in writing to the subdivider.
5. The passage of a resolution by the Board of Supervisors accepting the final plat shall constitute final approval of the platting of the area shown on the final plat. The subdivider shall cause a certified copy of the approved final plat to be recorded in the office of the County Recorder before Jefferson County will recognize the plat as being in full force and effect.
6. Any changes made to the final plat after approval of the Board of Supervisors shall be subject to the provisions of this ordinance.
SECTION 7. Other Provisions.
A. Open Space Requirement. For all subdivisions, a minimum of one half acre is required to be set aside as common open space. Additionally, .10 acres will be provided as common open space per each lot proposed. As a condition of approving all subdivision, the subdivider shall submit with the final plat a subdivider's agreement regarding the liability for and maintenance of the open space, common ground or recreation area. The land area required for storm water detention, streets, sidewalks, utilities, and wastewater treatment shall not be included in the land area required to meet the open space requirement.
B. Sale of Lots Within a Proposed Subdivision. It shall be a violation of this ordinance to record the sale of any lot or lots within a proposed subdivision until such time as the final plat has been recorded in the office of the Jefferson County Recorder.
C. Variances. Where, in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this ordinance would result in extraordinary hardship to the subdivider, because of unusual topography or other conditions, the Board of Supervisors may vary, modify or waive the requirements so that substantial justice may be done and the public interest secured. However, such variance modification or waiver shall not have the effect of nullifying the intent and purpose of this ordinance or the Jefferson County Land Preservation Ordinance. In no case shall a variance or modification be more than a minimal easing of the requirements as necessary to eliminate the hardship. In so granting a variance the Board of Supervisors may impose such additional conditions as are necessary to secure substantially the objectives of the requirements so varied, modifies, or waived. If a request for variance is denied, an appeal may be made in conformance with Section 3(I) of this ordinance.
SECTION 8. Penalty: Any person violating these rules or any provision thereof, shall be guilty of a simple misdemeanor and shall be subject to any and all penalties described in Jefferson County Home Rule Ordinance 1-20.
SECTION 1. Purpose. This ordinance mandates the use of a uniform rural address system for residents of Jefferson County not otherwise included within the address system of an incorporated town or city, in order to facilitate ease of location of residents in emergency and non-emergency circumstances, and to promote the convenience, safety, and general welfare of those residents. Civil and criminal penalties are provided for failure or refusal to comply.
SECTION 2. Definitions. For use in this ordinance, the terms or words shall be interpreted or defined as follows:
1. "Person" shall mean any individual, corporation, partnership, unincorporated association, or other entity.
2. "Subdivision" shall mean the division of a tract of land into separate lots or parcels for the purpose of transfer of ownership or building development.
3. "Building" shall mean a roofed and/or walled structure built for permanent use.
4. "Base Map" shall mean the map used by the agency coordinating the uniform rural address system in Jefferson County. Such a map shall indicate all addresses in Jefferson County subject to the provisions of this ordinance. Location of official "Base Map" shall be at Jefferson County Law Center, Fairfield, Iowa.
5. "Engineer" shall mean the Jefferson County Engineer.
6. "Director" shall mean the Jefferson County Sheriff or his designee who shall initially act as Director. In the event of adoption of a Rural Zoning Ordinance providing for establishment of an office of Zoning Administrator, the responsibilities herein referred to as those of administrator may, by action of the E911 Board, be thereafter regarded as responsibilities of the Zoning Administrator.
SECTION 3. Establishment by Ordinance. The Board shall, and does, by this ordinance, establish the street and avenue type of uniform rural address system to be used in Jefferson County. Specifics of establishment of initial street names and house or structure numbers are as stated at Section 10 hereafter.
SECTION 4. Extent of System. The uniform rural address system shall extend over the entire unincorporated areas of Jefferson County except for those areas already using the system of a nearby incorporated area, or the unincorporated areas formerly incorporated, which have retained an address system of long standing use compatible with this system. Any incorporated area, upon presentation of a written request from the governing body of such city of the Board, or unincorporated area formerly having been incorporated upon a petition from a majority of its residents, may also be included in the uniform rural address system, upon approval of the E911 Board and the Board of Supervisors of Jefferson County, Iowa.
SECTION 5. Implementation of System. The Board shall direct the Director to:
1. Verify the accuracy of the base map that shall be used in the assignment of addresses.
2. Make all necessary corrections and updates to that map.
3. Assign addresses in accordance with the system selected by the Board.
4. Purchase sign assembly materials which meet specifications, including naming and numbering materials, established by the Jefferson County E911 Board and by Jefferson County, Iowa.
5. Develop, print, and make available rural reference maps.
6. Notify post offices, rural emergency providers and such other providers of similar service to persons not otherwise included within the address system of an incorporated town or city, dispatchers, emergency vehicles, and county offices, located in adjacent counties whereby such districts overlap into Jefferson County, of the effective date of the system and the address assignments.
7. Notify all residents affected by this mandatory system, by publication and posting, of the following:
a. How to use the system.
b. That road markers have been placed.
c. That permanent address markers have been placed indicating the assigned house number.
d. That maintenance of the system is required and where replacement markers can be obtained, and how to place them, and also how to obtain correction of, or updating of, address system information.
e. How to obtain address markers for new structures, how application is made to the Director, where to obtain appropriate form for application, and what information is needed to make new address determination.
f. That there is a penalty for refusing or failing to use the system and for removing, damaging, defacing, altering, or destroying the address marker, or road markers.
g. That all residence markers requiring replacement, or necessary for new addressing, after July 1, 1995, shall be at the expense of the property owner.
8. Distribute the markers.
SECTION 6. Road Markers. The Director, with the assistance of the County Engineer, shall supervise the installation of road identification markers at each road intersection in Jefferson County whereby the provisions of this ordinance apply. Such markers shall be in place on or before the date the system takes effect.
SECTION 7. House Numbers. Jefferson County E911 Board will provide for every person owning, controlling, occupying, or using any residence situated on premises fronting any public way as provided in Section 4, a permanent marker on such premises indicating the assigned number. Any house number existing at the time the provisions of this ordinance take effect, and that is different than the newly assigned number, shall be removed at the time the new number is installed.
The permanent marker with the house number affixed shall be placed at the right of way line of the road, but not more than 60 feet from the center line of road, adjacent to the driveway. In all placements, the marker shall be readily visible from the centerline of the road, and upon marker placement, the property owner/occupant shall be responsible for continuously maintaining the visibility of the marker.
Residence markers shall be placed on the right side of the driveway as one enters the driveway from the public road. (Exceptions to this rule after July 1, 1995 shall be approved by the Director or his authorized representative.
The provisions of this ordinance shall not apply to accessory buildings, but may apply to such buildings located on a separate unit of frontage if requested by the owner or proprietor and approved by the Director.
Structures to which this ordinance applies, which are situated on cul-de-sacs and private driveways servicing multiple dwellings, or other non-conventional lanes and roadways, shall have a permanent marker placed for each applicable structure address, at that location, on the entrance to the premises grounds that is most compatible and most conspicuous, considering the policy for otherwise uniform placement and installation of permanent markers with house numbers.
At those locations where a single drive provides access to multiple dwellings or structures to be serviced, there shall be at the entrance to said drive, in the right of way area deemed by the Director as his delegatee, to be the area for 911 signing, in compliance with Ordinance, a visible sign for each dwelling or structure on that drive; in addition thereto, there shall also be a visible number posted within reasonable proximity of the drive, between the drive and the entrance to each such dwelling or structure serviced.
(Director shall determine compliance.)
SECTION 8. Maintenance of Uniform Rural Address System. The Director (Jefferson County Sheriff, or his designee) shall be responsible for the enforcement and maintenance of the Uniform Rural Address System in Jefferson County. These duties shall include assignment of all new addresses, providing markers for new addresses, providing replacement markers, replacing street markers as needed, and in conjunction with the County Engineer's Office, updating maps, making available new maps on an annual basis, making periodic checks of the rural areas of Jefferson County, to insure that the provisions of this ordinance are being complied with, and any other duties necessary to insure the continued maintenance of the Uniform Rural Address System of Jefferson County.
A fee for said replacement markers, covering the cost of said markers, shall be paid to Jefferson County E911 Board by the property owner/occupant.
SECTION 9. New Structures. Every person erecting a residence or other included structure, as set forth under the provisions of Section 7 of this ordinance, but after the date the Uniform Rural Address System becomes effective shall, within seven (7) days of commencement of construction, notify the Director (County Sheriff or his designee) who shall, within fourteen (14) days , assign a number to such structure. The provisions of Section 5 and Section 7 shall be applicable to any person subject to the provisions of this section.
SECTION 10. Street Names and House Numbers.
A. Street names designated. In general, the roads and streets of the County shall hereafter be designated by the following names:
1. Jefferson County hereby adopts the "State of Iowa, Division of Communications Uniform Street naming and property numbering system procedural manual, (P/W/COM23/USNS.1)" as the official guidelines for establishing street names and addresses with the following clarifications.
a. East/West streets are numbered and designated streets with the Keokuk/Jefferson County line road being 100th Street and first section line south being 110Th Street and roads in between numbered by proportion.
b. North/South streets are given a tree/bush/vegetation name and designated an Avenue. The avenues are established by alphabetical order starting at the west edge of the county with avenue names starting with "A" in the first mile, "B" in the second mile, "C" in the third mile and so on.
c. Diagonal roads are to be designated boulevards (Blvd) and named after flowers if addressed from the north and an average of the street number if addresses from the west.
d. Other roads will correspond to the numbering system guidelines when possible.
2. The following exceptions to general rules concerning street designations apply:
a. Federal and State Highway name and number designations.
b. Principal Paved Farm to Market Roads assigned County Engineer Name or Number Designations and retained common name, historic trail or other designation (i.e. Glasgow Road, Brookville Road, etc. Packwood Road)
c. County line roads are designated Avenues and Streets bearing the "Jefferson" county title first and the adjoining County title as the second part of the name designation (i.e. Jefferson Henry Avenue, Jefferson Keokuk Street).
3. All street names designated shall be, and are established immediately as shown on the official "Base Map" maintained at the office of the Director (County Sheriff), and as coordinated with office of County Engineer.
The "Base Map" prepared and existent at that office is hereby established as the official map of the uniform rural address system in Jefferson County and the Base Map is hereafter determinative of all addresses in Jefferson County subject to the provisions of this ordinance.
4. The "State of Iowa, Division of Communications, Uniform Street Naming and Property Numbering System Procedural Manual, (P/W/COM23/USNS.1)" is adopted as the official guidelines for establishing street names and addresses hereafter.
5. The Jefferson County Board of Supervisors continue to have final authority for all street names and addressing decisions in the County, unincorporated towns, and rural subdivisions.
B. Naming street extensions. In general, all extensions of the streets within the present Jefferson County Base Map limits, or in any additions which may hereafter be made, shall be called by the names of the respective streets of which they may be extensions or continuations. Exceptions to this rule shall be approved by the Director with concurrence of the Board of Supervisors.
C. Changing Street or Road Names. Street or road names may only be changed by request for road name change submitted to the Jefferson County Board of Supervisors, on recommendation of the Director, or the County Engineer. The Board of Supervisors retain final authority on all road, name and address decisions.
D. Public Parks Designated. As part of the official Jefferson County Base Map the following tracts of land lying within the entire area of Jefferson County affected by the Uniform Rural Address System, are all designated public park areas and shall be known as:
1. State Parks. Bounded on the North by 225th Street and on the west by Teak Avenue is Woodthrush State Park.
2. County Parks. Bounded on the West by Tamarach Avenue and north by 268th Street is Round Prairie Park. Administrator (County Engineer) to located and designate other parks existent.
3. Other County Parks on Public Areas or designated by Board of Supervisors Resolution.
E. Residential and Building Numbering System. The numbering system for residence and other buildings to which this ordinance is determined to apply, to the extent such numbers are assigned and shown by the official Jefferson County Base Map, is adopted and confirmed. Designation of new addresses and duties associated therewith are delegated to the Director, consistent with Section 7, 8, and 9 of this Ordinance. Address designation within new rural subdivisions shall be those assigned by Resolution of the Board of Supervisors on recommendation of the Director and the County Engineer.
SECTION 11. Penalty. Refusal to use the Uniform Rural Address System, or the removal damaging, defacing, alteration, or destruction of the Uniform Rural Address Marker, which indicated a premises' assigned number, or the removal, damaging, alteration, or destruction of a rural address system marker, including road markers, posts, or accessories, intentionally by one who has no right to so act, is a simple misdemeanor punishable by any and all penalties described in Jefferson County Home Rule Ordinance 1-20.
In addition, any violation of this section shall be a county infraction which is punishable by a civil penalty of not more than $500.00 for each violation or if the infraction is a repeat offense, a civil penalty not exceeding $750.00 for each repeat offense. The above is not intended as an exclusive remedy, nor is it pre-emptive of those provisions of the Code of Iowa, prohibition of sign and marker destruction, punishable by more serious penalty.
SECTION 1: Short Title. This Ordinance shall be known and may be cited as the Jefferson County Airport Tall Structures Ordinance.
SECTION 2: Definitions. As used in this Ordinance, unless the context otherwise requires:
1. "Airport" - The Fairfield Municipal Airport.
2. "Airport Elevation"- The highest point of an airport's usable landing area measured in feet from sea level, which elevation is established to be 797 feet.
3. "Airport Hazard"- Any structure or tree or use of land which would exceed the Federal Code of Regulations Section 77.21, Section77.23 and Section 77.25 as revised March 4, 1972, and which obstructs the airspace required for the flight of aircraft and landing or take-off at an airport or is otherwise hazardous to such landing or taking-off of aircraft.
4. "Airport Primary Surface"- A surface longitudinally centered on a runway. When the runway has specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
5. "Airspace Height"- For the purpose of determining the height limits in all zones set forth in this ordinance and shown on the zoning map the detour shall be mean sea level elevation unless other wise specified.
6. "Control Zone"- Airspace extending upward from the surface of the earth which may include one or more airports and is normally a circular area of Five (5) statute miles in radius, with extensions where necessary to include instrument approach and departure paths.
7. "Instrument Runway"- A runway having an existing instrument approach procedure utilizing air navigation facilities or area type navigation, for which an instrument approach procedure has been approved or planned.
8. "Minimum Decent Altitude"- The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circle-to-land maneuvering in execution of a standard instrument approach procedure, where no electronic glide slope is provided.
9. "Minimum en Route Altitude"- The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.
10. "Minimum Obstruction Clearance"- The specified altitude in effect between radio fixes on VOR airways, off airway routes, or route segments, which assures acceptable navigational signal coverage only within twenty-two (22) mile of VOR.
11. "Runway" - A defined area on an airport prepared for landing and takeoff of aircraft along its length.
12. "Visual Runway"- A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on a FAA approved airport layout plan, a military service approved military airport plan, or by planning document submitted to the FAA by competent authority.
SECTION 3: Airport Regulations Areas and Airspace Height Limitations. In order to carry out the provisions of this Section, there are hereby created and established certain Maps. A structure located in more than one (1) area of the following areas is considered to be only in the area with the more restrictive height limitation. The various zones are hereby established and defined as follows:
1. Airport Height Regulation Areas.
A. Horizontal Area - The land lying under a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by:
1. (Visual Runway) - Swinging arcs of five thousand (5,000) feet radii from the center of each end of the primary surface of runway 8 : 26 and connecting the adjacent area by lines tangent to those arcs.
2. (Non-precision Instrument Runway) - Swinging arcs of ten thousand (10,000) feet radii from the center of each end of the primary surface runway 17 : 35 and connecting the adjacent arcs by lines tangent to those arcs.
(NOTE: The radius of the arc specified for each end of a runway will have the same arithmetic value. That value will be the highest determined for either end of the runway. When a five thousand (5,000) feet arc is encompassed by tangents connecting two adjacent ten thousand (10,000) feet arcs, the five thousand (5,000) feet arc shall be disregarded on the construction of the perimeter of the horizontal surface.)
No structure shall exceed one hundred fifty (150) feet above the established airport elevation in the horizontal area, as depicted on the Fairfield Municipal Airport Height Regulation Areas Map.
B. Conical Area - The land lying under a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet. No structure shall penetrate the conical surface in the conical area, as depicted on the Fairfield Municipal Airport Height Regulation Areas Map.
C. Approach Area - The land lying under a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. (NOTE: An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.)
1. The inner edge of the Approach Surface is:
a. (Visual Utility Runway) - Two hundred fifty (250) feet wide for Runway 8 : 26.
b. (Visual Other than Utility Runway and Non-precision Instrument Runway) - Five hundred (500) feet wide for Runway 17 : 35.
2. The outer edge of the approach area is:
a. (Visual Utility Runway) - One thousand two hundred fifty (1,250) feet for Runway 8 : 26.
b. (Visual Other than Utility Runway) - One thousand five hundred (1,500) feet for Runway 17 : 35.
c. (Non-precision Instrument Other than Utility Runway) - Three thousand five hundred (3,500) feet for Runway 35.
3. The Approach Area extends for a horizontal distance of:
a. (All Visual and Non-precision Instrument Utility Runways) - Five thousand (5,000) feet at a slope of twenty (20) to one (1) for Runways 17, 8, and 26.
b. (Non-precision Instrument Other than Utility Runways) - Ten thousand (10,000) feet at a slope of thirty-four (34) to one (1) for Runway 35.
No structure shall exceed the approach surface to any runway, as depicted on the Fairfield Municipal Height Regulation Areas Map.
D. Transitional Area - The land lying under those surfaces extending outward and upward at right angles to the runway centerline and the runway centerline extending at a slope of seven (7) to one (1) from the sides of the primary surface and from the sides of the Approach Surfaces.
No structure shall exceed the Transitional Surface, as depicted on the Fairfield Municipal Airport Height Regulation Areas Map.
E. No structure shall be erected in Jefferson County, Iowa that raises the published Minimum Descent Altitude for an instrument approach to any runway, nor shall any structure be erected that causes the Minimum Obstruction Clearance Altitude or Minimum Enroute Altitude to be increased on any Federal Airway in Jefferson County, Iowa.
SECTION 4: Use Restrictions. Notwithstanding any other provisions of Section 3, no use may be made of land or water within the City of Fairfield, Iowa or Jefferson County, Iowa in such manner as to interfere with the operation of any airborne aircraft. The following special requirements shall apply to each permitted use:
1. All lights or illumination used in conjunction with street, parking, signs or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the Fairfield Municipal Airport or in the vicinity thereof.
2. No operations from any use shall produce smoke, glare or other visual hazards within three (3) statute miles of any usable runway of the Fairfield Municipal Airport.
3. No operations from any use in the City of Fairfield, Iowa or Jefferson County, Iowa shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.
SECTION 5: Lighting.
A. NOTWITHSTANDING the provisions of Section 4, the owner of any structure over two hundred (200) feet above ground level must install on the structure lighting in accordance with Federal Aviation Administration (FAA), Advisory Circular 70-7460-1D and amendments. Additionally, any structure, constructed after the effective date of this Ordinance and exceeding nine hundred forty-nine (949) feet above ground level, must install on that structure high intensity white obstruction lights in accordance with Chapter Six of FAA Advisory Circular 7460-1D and amendments.
B. Any permit or variance granted may be so conditioned as to require the owner of the structure or growth in question to permit the City of Fairfield, Iowa at its own expense to install, operate and maintain thereto such markers or lights as may be necessary to indicate to pilots the presence of airspace hazard.
SECTION 6: Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of any section of this Ordinance, may apply to the Board of Adjustment for variance from such regulations. NO application for variance to the requirements of this Ordinance may be considered by the Board of Adjustment unless a copy of the application has been submitted to the Fairfield Municipal Airport Manager and the Aeronautics Director of the Iowa Department of Transportation for his opinion as the aeronautical effects of such a variance. If the Fairfield Municipal Airport Manager and the Aeronautics Director does not respond to the Board of Adjustment with in fifteen (15) days from receipt of the copy of the application, the Board may make its decision to grant or deny said variance.
SECTION 7: Board of Adjustment.
A. There is hereby created a Board of Adjustment to have and exercise the following powers:
1. To hear and decide appeals from any order, requirement, decision, or determination made by the Airport Administration Officer in the enforcement of this Ordinance;
2. To hear and decide special exemptions to the terms of this Ordinance upon which such Board of Adjustment under such regulations may be required to pass; and
3. To hear and decide specific variances.
B. The Board of Adjustment shall consist of five (5) members who shall be the three (3) members of the Jefferson County Board of Supervisors and two members of the Fairfield Airport Committee to be appointed by the City Council of Fairfield. Said members each shall serve until his successor is duly appointed and qualified. Said members shall annually elect a Chairman and Secretary from its own number who shall serve in this capacity until the next election or his replacement on said Board.
C. The Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of this Ordinance. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent of failing to vote, indicating such fact, and shall keep records of its examinations, and other official actions, all of which shall immediately be filed in the Office of the City Clerk of the City of Fairfield, and on due cause shown.
D. The Board of Adjustment shall have the powers established in Iowa Statutes, Section 414.12.
E. The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under the Ordinance, or to effect variations of this Ordinance.
SECTION 8: Judicial Review. Any person aggrieved , or any taxpayer affected, by any decision of the Board of Adjustment, may appeal to the Court of Record as provided in Iowa Statutes, Section 414.15.
SECTION 9: Administrative Agency. It shall be the duty of the Airport Administration Officer, who shall be the City Clerk of the City of Fairfield, Iowa, to administer the regulations prescribed herein. Applications for permits and variances shall be made to the Airport Administrative Officer upon a form furnished by him. Applications required by this Ordinance to be submitted to the Airport Administrative Officer shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forthwith transmitted by the Airport Administrative Officer.
SECTION 10: Penalties. Each violation of this Ordinance or of any regulation, order or ruling promulgated hereunder shall constitute a simple misdemeanor, and shall be punishable by any and all penalties described in Jefferson County Home Rule Ordinance 1-20.
SECTION 11: Confliction Regulations. Where there exists a conflict between any of the regulations prescribed in this Ordinance and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. To the maximum extent possible, this Ordinance is intended to be read and construed exactly as that Ordinance known and cited as "The Fairfield Municipal Airport Height Regulations Ordinance" adopted August 21, 1984.
SECTION 1: Short Title and Purpose.
A. Short title. This Ordinance shall be known and may be cited as the Washington Municipal Airport Zoning Ordinance.
B. Purpose. It is the purpose of this ordinance to protect the health safety and welfare of the citizens of Jefferson County by preventing the creation or establishment of any and all obstructions that are a hazard to air navigation in the flight path of the Washington Municipal Airport. A portion of said flight path lies over portions of Jefferson County.
SECTION 2: Definitions. As used in this Ordinance, unless the context otherwise requires:
1. "Airport" - Washington Municipal Airport, at Washington, Iowa.
2. "Airport Elevation"- The highest point of an airport's usable landing area measured in feet from sea level: elevation at the Washington Municipal Airport is established as 753.5 feet.
3. "Airport Hazard"- Any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 Federal Code of Regulations section 77.21, Section 77.23 and Section 77.25 as revised October 25, 1989, or which obstructs the airspace required by the flight of aircraft and landing or take-off at the airport or is otherwise hazardous to such landing or taking-off of aircraft.
4. "Approach Surface"- A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set for the in Section 4 of this Ordinance. In plan view, the perimeter of the approach surface coincides with the perimeter of the approach zone.
5. "Approach, Transitional Zones"- These zones are set forth in Section 3 of this Ordinance.
6. "Board of Adjustment"- The decision-making body established pursuant to the provisions of Iowa Code Section 329.12.
7. "Decision Height"- The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach in execution of a standard instrument approach procedure, where electronic glide slope is provided.
8. "Hazard to Air Navigation"- An obstruction determined to have an adverse effect to the safe and efficient utilization of the navigable airspace.
9. "Height"- For the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
10. "Minimum Decent Altitude"- The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circle-to-land maneuvering in execution of a standard instrument approach procedure, where no electronic glide slope is provided.
11. "Minimum en Route Altitude"- The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.
12. "Minimum Obstruction Clearance Altitude"- The specified altitude in effect between radio fixes on VOR (very high frequency omni-directional radio) airways, off airway routes, or route segments, which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage only within twenty-two (22) mile of a VOR.
13. "Non-conforming Use"- Any pre-existing structure, object of natural growth, or use of land, which is inconsistent with the provisions of this Ordinance or an amendment thereto.
14. "Obstructions"- Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in Section IV of this Ordinance.
15. "Person" - An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity; includes a trustee, receiver, an assignee or a similar representative of any of them.
16. "Precision Instrument Runway"- A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR) or a Precision Global Positioning System (GPS) approach. It also means a runway for which a precision approach system is planned and is so indicated on an airport layout plan or any other planning document.
17. "Primary Surface"- A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway: when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of the runway. The width of the primary surface is set forth in Section III of this Ordinance. The elevation of point any point on the primary surface is the same as the elevation of the nearest point of the runway centerline.
18. "Runway" - A defined area on an airport prepared for landing and takeoff of aircraft along its length.
19. "Structure" - An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
20. "Transitional Surfaces"- These surfaces extend outward at 90-degree angles to the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the approach surfaces. Trans