Clayton County, Iowa - Board of Supervisors Minutes

Courthouse Hours:

Treasurer

M-F 8:30 AM - 4:00 PM

Assessor/Auditor/Recorder

M-F 8:00 AM - 4:30 PM

Supervisors

M & W 9:00 AM - 4:00 PM

October 24, 2005

PDF Version (68.88 KB)

Meeting of the Board of Supervisors at their office, 200 E. Bridge St., Elkader, IA.

Present: Robert Walke, Neil Meyer, Larry Gibbs

Lucas Elsbernd, Tekippe Engineering, presented proposals for wastewater treatment facility upgrade for the Law Enforcement Center and Scenic Acres for a grinder station and forced main. A construction permit application to the DNR was prepared and signed by the Board Chairman in preparation of the project.

A public hearing was held on the proposed amendments to the zoning ordinance and subdivision regulation ordinance. Larry Stone was present to discuss his concerns whether these proposals were just a clean up of the existing ordinances to eliminate duplication and issues that are regulated by other agencies or the beginning of an analysis process of the entire zoning and subdivision regulation ordinances. Bluffs protection, tree harvest practices, cluster development, designated area development, unorganized development and the history of the zoning ordinance was discussed. Motion by Gibbs, seconded by Walke, to close the public hearing. Ayes: Walke, Meyer, Gibbs

Motion by Walke, seconded by Gibbs, to approve the second reading of the proposed amendments to the zoning ordinance and subdivision regulation ordinance, waive the third hearing and adopt the proposed amendments to the zoning ordinance and the subdivision regulation ordinance. Ayes: Walke, Meyer, Gibbs

The amendments are as follows:

Amendment to Clayton County's Zoning Ordinance, C-1 Commercial District, Permitted Principal Uses and Structures, item #13. "Dwelling unit above a store or shop" is amended to read "Dwelling unit above a store or shop or adjacent thereto.

Amendment to Section 6.19 "Change of Zoning District Boundaries, Application and Procedures", [subsection (g) A plan showing: (1) Erosion and sediment control, (2) Protection of natural vegetation cover, (3) Open space requirements, (4) Perimeter fences, and (5) Protecting the integrity of existing drainage areas and/or tiles] is amended by repealing subsection (g).

Amendment to repeal Appendix A "Administrative Rules for the Clayton County Planning and Zoning Commission"; Appendix B "Administrative Rules for the Clayton County Board of Adjustment"; Appendix C "Clayton County Planning and Zoning Commission Policies"; Appendix D "Terms of Office"; "Health & Zoning Department Fees";

Amendment to the Subdivision Regulations Ordinance. Amendment by repealing the current ordinance and amending it with the following amended version of the subdivision regulation ordinance.

SUBDIVISION REGULATIONS ORDINANCE (AS AMENDED OCTOBER 24, 2005)

Introduction

Adoption of adequate regulations and uniform enforcement can result in more economical and efficient use of land. New developments can be coordinated with existing streets, roads, utilities and land uses and suitable

provisions made for the extension of development into adjacent land.

Once a parcel of land is platted and sold, it will remain that way for generations. Therefore, it is essential that the subdivider, Planning and Zoning Commissions, and Board of Supervisors, cooperate to the fullest to create the most desirable land improvement possible.

Enabling Legislation and Jurisdiction

Iowa enabling legislation affecting regulation of subdivisions by counties is found in Chapter 306.21, Code of Iowa

"Plans, plats and field notes filed. All road plans, plats and field notes and true and accurate diagrams of water,

sewage and electric power lines for rural subdivisions shall be filed with and approved by the Board of Supervisors and the County Engineer before the subdivision is laid out or recorded. Such plans shall be clearly designated as "completed," "partially completed," or "proposed" with a statement of the portion completed and the expected date of full completion. If such road plans are not approved as provided in this section, such roads shall not become the part of any road system as defined in the chapter."

In addition, Chapter 354.9, Code of Iowa, states: "If a city, which has adopted ordinances regulating the divsion of land, desires to review subdivisions outside the city's boundaries, then the city shall establish by ordinance

specifically referring to the authority of this section, the area subject to the city's review and approval. The area of review may be identified by individual tracts, by describing the boundaries of the area, or by including all land within a certain distance of the city's boundaries, which shall not extend more than two miles distance from the city's boundaries."

In addition, Chapter 354.9, Code of Iowa, states: "If a city, which has adopted ordinances regulating the division of land, desires to review subdivisions outside the city's boundaries, then the city shall establish by ordinance specifically referring to the authority of this section, the area subject to the city's review and approval. The area of review may be identified by individual tracts, by describing the boundaries of the area, or by including all land within a certain distance of the city's boundaries, which shall not extend more than two miles distance from the city's boundaries."

From the above, it is clear that all rural subdivision plans must be approved by the Board of Supervisors and the County Engineer before the subdivision is officially platted and laid out. To facilitate the platting process and provide a basis for approval by the agencies concerned, it is essential that both the County and the communities adopt subdivision regulations setting forth the conditions that must be met by the subdivider.

General Platting Considerations

Before subdividing a tract of land, there are many factors which should be given careful consideration by the subdivider. He/she must take into account the surrounding area. Is the proposed development in character with the surroundings? Will the surrounding development be an asset or a detriment to the proposed development? What is the zoning classification of the tract?

The subdivider will also want to know the tentative locations of any future schools, road extensions and utilities in the area, and also the location of proposed subdivision with respect to existing schools, churches, parks, shopping facilities and sewer and water. If public sewer and water are not available, the subdivider will have to provide either a community system or individual facilities for sewage collection and treatment, and for water supply.

The subdivision should also have good access. It should be served by improved public roads having sufficient capacity to accommodate the traffic generated by the development.

Site Considerations

In addition to the general considerations, factors which are peculiar to the specific site will largely determine how the tract will be subdivided. The topography or "lay of the land" will usually indicate whether or not the tract can be developed economically. Land with steeper slopes, or that which is heavily wooded will require larger lots as well as special care in planning and development. Very flat land will often create problems with storm drainage and limit the extension of gravity sewer lines.

The type of soils in the area can also affect the development. Soils which are impervious create problems, particularly where a public or community sewage disposal system is not available and individual septic tanks must be used. As a result, the lot size may have to be increased to accommodate the septic tank and leach field and if a private well is to be located on the lot also, it may be necessary to increase the lot size even more. If possible, a public or community water system should be utilized.

Where a public sewer is available, all efforts should be made to connect to it. If a public sewer is not available, a community disposal system should be considered. Although not as desirable as a public facility, it is preferable to individual septic tanks. In recent years, the community system or "package plants" have often been justified economically even for smaller developments.

The size and shape of the tract being subdivided will often determine where the roads will be located. The larger the tract, the more freedom there is in the design of the subdivision. The area to be subdivided should be considered as only a segment of a large potential subdivision rather than an isolated development. The County Engineer must look at the overall picture and determine how future roads can be coordinated into an efficient and workable system and still provide a reasonable method of subdividing the various tracts.

If the site contains any natural features worth preserving, such as wooded areas, outcroppings of rock, scenic ravines or streams, they should be protected. It is far easier and less costly to preserve such features in their natural state than to replace them at a later date.

Content of the Subdivision Regulations

The subdivision regulation ordinance for Clayton County covers two (2) major areas which are:

Procedures for the preparation, submission and approval of subdivision plats.
General provisions regarding jurisdiction, definitions and amendments.

The following is a general discussion of each major action.

Platting Procedures and Requirements. Before the preliminary plat is prepared and submitted to the Planning Commission, the prospective subdivider should become familiar with the applicable subdivision regulations and zoning ordinance, both of which contain standards pertinent to the design of the subdivision. He/she should discuss the matter with those who will have to pass on its acceptability before investing in extensive surveys and land planning studies. In addition to consulting the Commission, City or County Engineer, the County Health Board and representatives of the utility companies should be consulted. Such discussion of the potential subdivision at an early date will frequently result in a savings of time and expense for the subdivider.

Following the initial discussions with appropriate persons, the subdivider is ready to prepare the preliminary plat in accordance with the subdivision and zoning ordinances. He/she then submits it to the proper commission for recommendation to the City Council or to the Board of Supervisors, depending on the location of the area to be platted.

With approval of the preliminary plat, the subdivider then may prepare a final plat in accordance with the specified requirements. The final plat, accompanied by various certificates and documents as required by the ordinances, is then submitted to the Planning Commission for recommendation and then final approval by the appropriate body.

When the final plat is approved by the Council or Board of Supervisors, it may then be filed with the County Recorder where it becomes a matter of public record. This completes the platting process, and the subdivider is ready to proceed with the sale of lots in his subdivision.

Design and Layout Considerations.

Streets and Roads. The size and shape of the tract being subdivided will often dictate the general location of the streets. The larger the tract, the more freedom there is in the design of the subdivision. New streets do not necessarily have to be laid out in a grid system unless there are instances where the continuation of this street pattern would be desirable. The street pattern should be adapted to fit the topography and to serve the lots in the subdivision in a safe, convenient and economical manner.

Dead-end streets and roads should be avoided particularly where future development would warrant their extension. In such case, temporarily dead-end streets should be platted to the property line. It may be desirable to provide a temporary turnaround at the end of such street to facilitate the maneuvering of snowplows and other street maintenance equipment.

It is desirable to make intersections as safe as possible. Offset intersections are, in most cases, a result of poor planning. They are far more hazardous than are those which are properly aligned. Furthermore, they constitute an inconvenience to the motorist which must use them every day.

In addition to good alignment of street intersections, streets should be designed so they intersect at right angles if possible. This will permit better visibility and reduce awkward and dangerous turning movements.

Block and Lot Design. Too often a subdivider is concerned with only the immediate area and little or no regard is given the adjoining properties which may be developed in the future. The area to be subdivided should be considered as only a segment of a large potential subdivision rather than an isolated development. By coordinating development of the various properties and following an overall master development plan, greater economy can be achieved as well as a more useful and desirable environment created.

Corner lots should have additional width in order that they may provide a required front yard along both sides of the lot adjoining the street. Lot lines should be perpendicular to the street, except that where the street is curved, radial lot lines should be used.

Maximum block length generally should not exceed twelve hundred and fifty (1,250) feet. Particularly in urban areas where extremely long cul-de-sacs are unavoidable, it may be desirable to increase the street right-of-way width as well as the diameter of the turnaround to better accommodate the increased traffic volume. Blocks of excessive length tend to create problems with traffic circulation.

General Provisions. The general provisions are necessary for the interpretation and administration of the ordinance. This section includes definitions, jurisdiction and provisions for enforcement, variances and amendments.

Definitions cover the basic terms used in the ordinance, to assure a uniform understanding of the requirements.

The section of jurisdiction establishes an authority over the area in the City and within the two-mile control areas. As additional areas are annexed to the City, the two-mile areas will also be expanded.

Enforcement provisions are necessary in order to penalize the occasional individual who may seek to bypass established procedures. The penalty under state law is grossly inadequate to encourage compliance so additional remedies must be imposed at the local level. (See Section 6.4 of Zoning Ordinance, page Z-49).

Variances should be very carefully considered and applied only to unique situations, that would justify relief to permit the owner or subdivider to have an equal opportunity to utilize a parcel of land or to achieve a design innovation deemed a desirable feature of the subdivision plan. Variances to reduce costs to the subdivider, which ultimately must be assumed by the taxpayers or the buyers of the lots, are not justified.

Amendments should be made from time to time to update standards and to bring the ordinance in compliance with any changes in state law.

CHAPTER 1 PLATTING PROCEDURES AND PLAT REQUIREMENTS

1.1 Preliminary Platting Procedure

The owner or subdivider of any tract of land to be subdivided shall cause a preliminary plat to be prepared containing the information specified herein and shall file four (4) copies of the plat with the Zoning Administrator.
Preliminary Plat Requirements. The preliminary plat shall contain the following information.
1. A location map showing:
  1. The subdivision name.
  2. An outline of the area to be subdivided.
  3. The existing streets and public or community utilities, if any, on adjoining property.
  4. North point and scale.
2. Any new subdivision that is 20 acres or less, the CSR policy review criteria shall not be required on the plat.
3. A preliminary plat of the subdivision drawn to the scale of fifty (50) feet to one (1) inch provided that if the resulting drawing would be over thirty-six (36) inches in the shortest dimension, a scale of one-hundred (100) feet to one (1) inch may be used, said preliminary plat to show:
  1. Legal description, acreage and name of proposed subdivision.
  2. Name and address of the owner.
  3. Name of person who prepared the plat and the date thereof.
  4. Location of existing lot lines, streets, public utilities, water mains, sewers, drain pipes, culverts, water courses, bridges, railroads and buildings in the proposed subdivision.
  5. Location and widths, other dimensions and names of the proposed streets, utility easements and other open spaces or reserved areas.
  6. Tract boundary lines showing dimensions, bearings, angles and references to known lines or benchmarks.
  7. Names of adjacent property owners.
  8. Layout of proposed blocks (if used) and lots, including the dimensions of each and the lot and block number in numerical order.
  9. A statement concerning the location and approximate size or capacity of utilities proposed to be installed.
  10. 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.
  11. Grades of proposed streets.
  12. Proposed building lines.
  13. A cross-section of the proposed streets showing the roadway location, type and width of surfacing, type of drainage and other improvements to be installed.
  14. The location of proposed wells and/or water mains and sewage disposal system if a public or community system is used.
  15. The drainage of the land including proposed storm sewers, ditches, culverts, bridges and other structures.
  16. North point and graphic scale.
  17. Layout of lots showing approximate dimensions and number.
  18. The zoning district or districts in which the land to be subdivided is located according to the Zoning Ordinance.
  19. For subdivisions greater than 20 acres, the available Corn Suitability Rating (CSR) for the developed area shall be shown and considered in accordance with the Comprehensive Plan.
  20. Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semi-public, or community purposes.
  21. A general summary description of any protective covenants or private restrictions to be incorporated in the final plat.
4. The Zoning Administrator shall transmit two (2) copies of the preliminary plat to the Planning and Zoning Commission for study and recommendation.
5. The Zoning Administrator shall forward one (1) copy to the County Engineer and to the County Sanitarian who shall each carefully examine the preliminary plat as to its compliance with the laws and regulations of the county, and good sanitation and engineering practices, and shall, as soon as possible, submit their findings in duplicate to the commission together with one (1) copy of the plat received.
  1. The Commission shall examine the plat as to its compliance with this ordinance and the Comprehensive Plan of the County and shall submit a recommendation to the Board of Supervisors. A copy of the recommendation shall be forwarded to the owner or subdivider.
  2. The Board of Supervisors, upon receipt of the Commission's recommendation, shall by resolution grant approval or reject the preliminary plat. If the preliminary plat is rejected, the Zoning Administrator will advise the owner or subdivider of any changes which are desired or should have consideration before approval shall be given. Approval of the preliminary plat by the Board of Supervisors shall constitute approval to proceed with the preparation of the final plat but shall not be deemed approval of the subdivision.

1.2 Final Platting Procedure

A final plat shall be submitted within twelve (12) months of the approval of the preliminary plat, or such approval shall expire and the preliminary plat shall be resubmitted for approval prior to preparation of a final plat.
Procedures for the final plats shall be the same as set out for preliminary plats in Section 1.1 above.
Prior to final plat approval, an outside registered land surveyor shall be hired, at the county's option, to certify the plat for completeness and that it meets current standards. The costs for this review shall be the responsibility of the subdivider.
Upon approval of the final plat, a certification of approval signed by the Clayton County Board of Supervisor Chairman and attested by the Clayton County Auditor shall be affixed to the original tracing of the final plat and copies of the same filed with the Assessor, County Auditor, and County Recorder along with such other certifications and instruments as may be required by law.

1.3 Plats Within (2) Miles of a City.

For preliminary and final plats of land within two (2) miles of a city having a Planning Commission, where such exists, the plats shall be filed with the municipality in accordance with its established procedures, and one (1) copy transmitted to each the Clayton County Engineer and the Clayton County Planning and Zoning Commission for their review and comment. The County Engineer and Planning and Zoning Commission shall transmit their recommendations to the Municipality and the County shall accept the approval of the municipality without further action provided that the design standards and improvements required are not less than those established herein.

1.4 Final Plat Requirements. The final plat shall meet the following specifications:

It may include all or only part of the preliminary plat.
The plat shall be drawn to the scale of fifty (50) feet to one (1) inch, provided that if the resulting drawing would be over thirty-six (36) inches in shortest dimension, a scale of one hundred (100) feet to one (1) inch may be used.
The final plat shall contain the following:
1. Accurate boundary lines with dimensions and angles which provide a survey of the tract closing with an error of not more than one (1) foot in three thousand (3,000) feet.
2. Accurate references to known or permanent monuments giving the bearing and distance from some corner of a congressional division of Clayton County, Iowa, of which the subdivision is a part.
3. Accurate locations of all existing and recorded streets intersecting the boundaries of the tract.
4. Accurate metes and bounds description of the boundary.
5. Street names.
6. Complete curve notes for all curves included in the plat.
7. Street right-of-way lines with accurate dimensions in feet and hundredths of feet with angles to right-of-way lines and lot lines.
8. Lot numbers and dimensions.
9. Block numbers, if blocks are used.
10. Accurate dimensions for any property to be dedicated or reserved for public, semi-public or community use.
11. Building lines and dimensions.
12. Location, type, material and size of all monuments and markers.
13. Name of the subdivision.
14. Name and address of owner and subdivider.
15. North point, scale and date.
16. Certification by a registered land surveyor of the State of Iowa.
17. Certification of dedication of streets and other public property.
18. Resolution and certificate for approval by the Board of Supervisors and signatures of the Chairman and Auditor.
19. If a subdivision is within two (2) miles of a city having a Planning Commission, where such exists, a resolution or certificate for approval by the Council of the affected city shall also accompany the final plat.
20. For subdivisions greater than 20 acres, each lot shall be shown, and the total subdivision area shall have an average CSR rating not less than 20 or more than 65, unless it is demonstrated by the landowner that no known viable alternative exists for suitable development. u. A statement of restrictions of all types that run with the land and become covenants in the deeds of lots.
The final plat shall be accompanied by the following instruments.
1. A certified statement from the owner and spouse, if any, that the subdivision as it appears on the plat is with their free consent and is in accordance with the desires of the proprietor and spouse.
2. Copy of all restrictive covenants to be attached to the lots of the subdivision.
The final plat other than an auditor's plat that is presented to the recorder for recording, shall conform to Section 354.6 and shall not be accepted for recording unless accompanied by the following documents:
1. A statement by the proprietors and their spouses, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an office authorized to take the acknowledgment of deeds. The statement by the proprietors may also include a dedication to the public of all lands within the plat that are designated for streets, alleys, parks, open areas, school property, or other public use, if the dedication is approved by the governing body.
2. A statement from the mortgage holders or lienholders, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an officer authorized to take the acknowledgment of deeds. An affidavit and bond as provided for in Section 354.12, may be recorded in lieu of the consent of the mortgage or lienholder. When a mortgage or lienholder consents to the subdivision, a release of mortgage or lien shall be recorded for any areas conveyed to the governing body or dedicated to the public.
3. An opinion by an attorney-at-law who has examined the abstract of title of the land being platted. The opinion shall state the names of the proprietors and holders of mortgages, liens, or other encumbrances on the land being platted and shall note the encumbrances, along with any bonds securing the encumbrances. Utility easements shall not be construed to be encumbrances for the purpose of this section.
4. A certified resolution by each governing body as required by Section 354.8 either approving the subdivision or waiving the right to review.
5. A certificate of the treasurer that the land is free from certified taxes and certified special assessments or that the land is free from certified taxes and that the certified special assessments are secured by bond in compliance with Section 354.12.
6. If the land platted is encumbered in the manner set out in Section 354.12 of the Code of Iowa, there shall also be filed a certificate showing that an encumbrance bond in an amount double the amount of the encumbrance and approved by the County Recorder and Clerk of the District Court and which runs to the County for the benefit of the purchasers of the land subdivided has been filed with the County Recorder.
7. A certified statement from the Clerk of the District Court that the land platted is free from all judgments, attachments, mechanic's or other liens as appears by the record in his office.
8. A certified statement of the County Recorder that the title in fee is in the owner's name and that it is free from encumbrance other than that secured by the bond provided for in Section 354.12 of the Code of Iowa, as shown by the records of that office.

CHAPTER 2 GENERAL PROVISIONS

2.1 Jurisdiction. All plats, replats or subdivisions of land into three (3) or more parts in the unincorporated area of Clayton County for other than agricultural purposes, including the laying out of suburban lots or additions within two (2) miles of any city shall be submitted to the Clayton County Zoning Administrator, the Clayton County Planning and Zoning Commission, and the Clayton County Board of Supervisors in accordance with the procedures established by this policy, and shall be subject to the requirements established herein, and in Chapter 354 of the Code of Iowa.

2.2 Definitions. For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular, the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.

Alley. A permanent public service way or right-of-way designed to provide a secondary means of access to abutting property.
Auditor. The County Auditor of Clayton County, Iowa.
Block. An area of land within a subdivision that is entirely bounded by streets or highways, and/or the exterior boundaries of the subdivision.
Board. The Board of Supervisors of Clayton County, Iowa.
Building Line. A line or plat, between which line and public right-of-way, no buildings or structures may be erected.
Commission. The Planning and Zoning Commission of Clayton County.
County. The County of Clayton, Iowa.
County Engineer. Means the engineer for Clayton County.
Cul-de-Sac. A short minor street having one (1) end open to motor traffic, the other end being permanently terminated by a vehicular turnaround.
Easement. Authorization by a property owner for the use by another and for a specified purpose of any designated part of this property.
Final Plat. The map or drawing on which the subdivision plan is presented in the form which, if recommended by the Planning and Zoning Commission and
approved by the Board of Supervisors, will be filed and recorded with the Clayton County Recorder.
Lot. A portion of a subdivision or other parcel of land intended for the purpose, whether immediate or future, of transfer of ownership or for building development.
Preliminary Plat. A study or drawings indicating the proposed manner or layout of the subdivision which is submitted to the Planning and Zoning Commission and the Board of Supervisors for consideration.
Separate Tract. A parcel of land or a group of contiguous parcels of land under one (1) ownership on the effective date of the ordinance.
Street or Road. A right-of-way other than an alley dedicated or otherwise legally established to be accepted for public use, usually affording the principal
means of access to abutting property. A street may be designated as a street, highway, thoroughfare, parkway, avenue, road, land, drive, place or other
appropriate designation.
Thoroughfare. A street intended for cross country or through traffic. This category includes freeway expressways, arterials and arterial connectors, as
defined by the Iowa functional classification system.
Collector Street. A street intended to carry vehicular traffic from residential streets to thoroughfares or traffic generators. This category includes trunk and trunk collectors as defined by the Iowa functional classification system.
Residential Street or Road. A street used primarily for access to abutting property. This category includes area service roads and municipal service streets as defined by the Iowa functional classification system.
Right-of-Way. The area measured between property lines dedicated to and accepted for public use and providing access to abutting properties.
Subdivider. Any person, firm, corporation, partnership or association who shall layout for the purpose of sale or development any subdivision or part thereof as defined herein, either for himself or others.
Subdivision. The division of a separate tract of land into three (3) or more lots or parcels for the purpose of transfer of ownership or building development, or if a new road is involved, any division of a parcel of land.

2.3 Fees. Each preliminary plat submitted for approval shall be accompanied by a fee established by the County Board of Supervisors and each final plat submitted for approval shall be accompanied by a fee established by the County Board of Supervisors which shall be credited to the general fund of the County.

2.4 Variances. Where the strict application of standards or requirements established by the ordinance would cause substantial hardship or impose unreasonable restrictions on the development of a tract of land because of natural or physical conditions or limitations not created by the owner or developer, the Planning and Zoning Commission may recommend. and the Board of Supervisors may grant, such variances from these standards or requirements as may be necessary to permit the reasonable development of land while preserving the intent of this ordinance.

2.5 Enforcement. In addition to other remedies and penalties prescribed by law, the provisions of this ordinance shall be enforced as follows:

No plat or subdivision in the unincorporated areas of Clayton County thereof shall be recorded or filed with the County Auditor or County Recorder, nor shall any plat or subdivision have any validity until it complies with the provisions of this ordinance and has been approved by the Board of Supervisors as prescribed herein, and if applicable, the city council of the city having two (2) miles jurisdiction over the platted area.
No public improvements over which the Board of Supervisors has no control shall be made with County funds, nor shall any County funds be expended for street maintenance, street improvements or other services in any area that has been subdivided after the date of adoption of this ordinance unless the subdivision and streets have been approved in accordance with the provisions of this ordinance and the streets accepted by the Board of Supervisors as a public street. Streets not accepted by the Board of Supervisors nor added to the Secondary Road System shall be considered private roads.
The Administrative Officer shall not issue building permits for any structure located on a lot in any subdivision, the plat of which has been prepared after the date of the adoption of this ordinance but which has not been approved and recorded in accordance with the provisions contained herein.

2.6 Review. All plans, specifications, installation and construction required by this ordinance shall be subject to review, approval and inspection by the County Engineer or his/her authorized representative.

2.7 Amendments. This ordinance may be amended from time to time by the Board of Supervisors. Such amendments as may be proposed shall first be submitted to the Planning and Zoning Commission for study and recommendation. The Commission shall report, after which the Board of Supervisors shall give notice of and hold a public hearing on the proposed amendment. The amendment shall become effective from and after its adoption and publication as required by law.

2.8 Validity. Should any section or provision of this ordinance be declared by the courts to be invalid or unconstitutional, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be invalid or unconstitutional.

2.9 Penalties. Whoever, being the owner or agent of the owner of any land located within the unincorporated area of Clayton County, knowingly or with intent to defraud, transfers or sells by reference to, or exhibition of, or by other use of a plat of subdivision of such land before such plat has been approved by the Board of Supervisors, and officially recorded, will be in violation of this ordinance. The appropriate authorities of Clayton County, in addition to other remedies, may institute injunction, mandamus, civil infractions or other appropriate action or proceeding to prevent any violation of this chapter. A description by metes and bounds shall not exempt the transaction from such penalties.

All reasonable expenses incurred by Clayton County in proceeding to enforce any order issued by the Zoning Administrator may be recovered by suit in the event Clayton County is the prevailing party. Clayton County may certify the amount of such expense to the extent awarded, together with a description of the property, to the County Auditor, who shall enter the same upon the tax books as cost for obtaining compliance with the order of the Zoning Administrator and said amount shall be collected as other taxes.

Peace officers, when called upon by Clayton County or its authorized representatives, including the Zoning Administrator, shall assist in the enforcement of the rules, regulations and lawful orders of the Commission.

No person shall interfere with the authorized agents of Clayton County or peace officers in the discharge of any duty imposed by laws or rules of the County
Zoning Ordinance or Subdivision Regulations.

In the event any person is aggrieved by any decision or order made by the Zoning Administrator, he/she may appeal to the Board of Adjustment as provided by Iowa Code Sections 335.10 through 335.17, and as provided by the rules of the Board of Adjustment promulgated pursuant thereto. Any person or persons aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the county, may present to a court of record, a petition, duly verified, within thirty (30) days after the filing of a decision in the office of the board, in the manner set forth in Iowa Code Section 335.18 and judicial review may then take place as provided by Iowa Code Sections 335.18 through 335.22.

2.10 Effective Date. This ordinance shall be in full force and effect from and after its adoption and publication as required by law.

An auction was conducted by Supervisor Larry Gibbs on the real estate described in resolution #28-2005. Marla Sollberger was the successful bidder.

Motion by Gibbs, seconded by Walke, to approve resolution # 28-2005 “Sale of Lot 2 of Lot 12 and Lot 1 of Lot 27 in SE 1/4 NE 1/4 of Section 22, Township 91 North, Range 6 West of the 5th P.M. in the City of Strawberry Point, Clayton County, Iowa.”
WHEREAS, Clayton County, has title to the following described real estate in the City of Strawberry Point, Iowa:
Lot 2 of Lot 12 and Lot 1 of Lot 27 in SE 1/4 NE 1/4 of Section 22, Township 91 North, Range 6 West of the 5th P.M. in the City of Strawberry Point, Clayton County, Iowa.
WHEREAS, the property has been deemed as surplus property,
WHEREAS, an auction was held for the sale of this real estate of which Marla Sollberger was the successful bidder at a price of $5,100,
WHEREAS, in accordance with Chapter 331.361(2) of the CODE OF IOWA, 2005, notice of a public hearing is published in the Strawberry Point Press Journal on October 12, 2005, for a hearing to be held on October 24, 2005,
THEREFORE BE IT RESOLVED by the Board of Supervisors of Clayton County, Iowa, that the Board Chairman, Neil Meyer, and County Auditor, Dennis Freitag, be authorized to execute a Quit Claim Deed to Marla Sollberger for the real estate. Ayes: Walke, Meyer, Gibbs

Motion by Walke, seconded by Gibbs, to allow Northeast Iowa Mental Health Center to use the Clayton County Substance Abuse Office on weekends at $25 per weekend for drinking driver school. Ayes: Walke, Meyer, Gibbs

Motion by Gibbs, seconded by Walke, to deny a claim # 21539 of the General Basic Fund. Ayes: Walke, Meyer, Gibbs

/s/ Neil Meyer, Chairman
/s/ Dennis Freitag, County Auditor