HomeMy WebLinkAbout1995-12-05 OrdinanceREVISED 12/7/95
ORDINANCE NO. 95-3699
AN ORDINANCE AMENDING THE ZONING CHAPTER BY INCORPORATING A NEW SECTION 14-6K-1,
ENTITLED "SENSITIVE AREAS ORDINANCE," TO REGULATE DEVELOPMENT IN ENVIRONMENTALLY
SENSITIVE AREAS IN IOWA CITY, IOWA.
WHEREAS, pursuant to a City Council directive to develop an ordinance which permits the reasonable
use of properties containing sensitive features while protecting such resources from destruction, the
Sensitive Areas Committee has generated the Sensitive Areas Ordinance; and
WHEREAS, the Sensitive Areas Ordinance will implement the environmental policies set forth in the
Iowa City Comprehensive Plan; and
WHEREAS, the Sensitive Areas Ordinance is intended to protect the public from injury and property
damage due to flooding, erosion and other natural hazards as well as a loss of natural heritage and
reduced quality of life; and
WHEREAS, the Sensitive Areas Ordinance will regulate development on properties containing environ-
mentallV sensitive features, including wetlands, stream corridors, steep slopes, wooded areas, hydric
soils, prairie remnants, and archaeological sites; and
WHEREAS, the Sensitive Areas Ordinance will foster urban design that preserves open space and
minimizes disturbance of environmentally sensitive features and natural resources; and
WHEREAS, the Sensitive Areas Ordinance is designed to permit and define the reasonable use of
properties which contain environmentally sensitive features and natural resources while recognizing
the importance of environmental resources and protecting such resources from destruction; and
WHEREAS, the Planning and Zoning Commission and the Riverfront and Natural Areas Commission
have reviewed the Sensitive Areas Ordinance and have recommended its adoption to carry out the
intents and purposes stated above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
SECTION I. APPROVAL.
A. Chapter 6, entitled "Zoning Chapter," Article K, entitled "Flood Plain Management Ordinance,"
is hereby repealed in its entirety, and in lieu thereof, Article K "'Environmental Regulations",
is enacted, with the following sections listed below created and titled as follows: 14-6K-1:
"Sensitwe Areas Ordinance"', and 14-6K-2: "Flood Plain Management Ordinance".
B. Sections 1-11 of the repealed Article K, previously entitled "Flood Plain Management Ordi-
nance," are hereby renumbered and transferred as letlered subparagraphs A - J of the newly
created Section 14-6K-2, titled as "Flood Plain Management Ordinance", following the newly
created section 14-6K-1, entitled "Sensitive Areas Ordinance," which is hereby enacted as
follows:
14-6K- 1:
SENSITIVE AREAS ORDINANCE
Purpose: The purpose of the Sensitive Areas Ordinance is to:
1. Implement the environmental policies of the Comprehensive Plan.
2. Permit and define the reasonable use of properties which contain environmentally
sensitive features and natural resources while recognizing the importance of environ-
mental resources and protecting such resources from destruction.
3. Provide for ecologically sound transitions between protected environmentally sensitive
areas and urban development.
Ordinance No. 95-3699
Page 2
4. Protect the public from injury and property damage due to flooding, erosion, and other
natural hazards which can be exacerbated by development of environmentally sensitive
land.
5. Foster urban design that preserves open space and minimizes disturbance of environ-
mentally sensitive features and natural resources.
6. Provide for the mitigation of disturbances of environmentally sensitive features and
natural resources through requiring and implementing mitigation plans, as needed.
7. The Sensitive Areas Ordinance is intended to cover industrial and commercial proper-
ties, as well as residential properties, unless otherwise exempted herein.
Definitions: The following definitions apply to the interpretation and enforcement of the
Sensitive Areas Ordinance regulations:
ARCHAEOLOGICAL SITE, SIGNIFICANT: An archaeological site of prehistoric or historic
significance that is determined by the State Historic Preservatmn Officer to be eligible for the
National Register of Historic Places.
BUFFER: An area of land that is (ocated adjacent to a designated sensitive area and provides
a transition area that protects slope stability. attenuates surface water flows and preserves
wildlife habitat and protected wetlands, stream corridors and woodlands.
BUFFER, NATURAL: A land area located adjacent to a protected sensitive area where develop-
ment activity such as building, grading, or clearing are prohibited unless otherwise exempt
herein.
COMPENSATORY MITIGATION: Creating a new wetland, or enhancing or expanding an
existing wetland in exchange for allowing development activities to occur within an existing
wetland.
CONSTRUCTION AREA: The portion of a parcel of land where development activity and other
improvements may take place and be located.
DEVELOPMENT ACTIVITY: Any human-made change to improved or unimproved real estate,
including, but not limited to the placement of manufactured housing, buildings or other struc-
tures, mining, dredging. filling, grading, paving. excavation or drilling operations and construc-
bon activities. "Development activity" does ,-,or include transfer of ownership.
DIAMETER, TREE TRUNK: The diameter of a tree trunk measured at 4 1/2 feet above ground;
if on a slope, measured from the high side of the slope. In the case of a tree with multiple
trunks, the diameter shall be the average of the diameters of all the trunks.
DIRECT DISCHARGE: The discharge of untreated surface water into a wetland from a devel-
oped or developing property through the use of an underground pipe, culvert, drainage tile,
ditch, swale, channel or other means.
FLOOD EVENT; 100 YEAR: A flood, the magnitude of which has a one percent (1%) chance
of being equaled or exceeded in any given year, or which on the average will be equaled or
exceeded at least once every one hundred (100) years.
FLOOD PLAIN: Any land area susceptible to being i~:undated by water as a result of a specific
frequency flood. For instance, the 100-year flood plain is the area of land susceptible to being
inundated by a 100-year flood event.
FLOODWAY: The channel of a river or stream and those portions of the flood plains adjoining
the channel which are reasonably required to carry and discharge flood waters so that confine-
ment of flood waters to the floodway area will not result in substantially higher flood elevation.
Ordinance No. 95-3699
Page 3
Where floodway data has been provided in the Flood Insurance Study, such data shall be used
to define the floodway limits.
FULLY HYDRIC SOILS: Soils susceptible to water saturation, and designated as fully hydric
soils by the USDA Soil Conservation Service as of December 1993.
GRADING: Any excavating or filling or a combination thereof, including compaction.
GROVE OF TREES: Ten or more individual trees having a diameter of at least twelve (12)
inches, and whose combined canopies cover at least fifty (50) percent of the area encom-
passed by the trees.
PRAIRIE REMNANT: Praine areas that have remained relatively untouched on undeveloped,
untilled portions of properties and contain primarily a mixture of native warm season grasses
interspersed with native flowering plants. Known extant prairie remnants are identified on the
Iowa City Sensitive Areas Inventory Map - Phase I.
PREHISTORY: Relating to or existing in times antedating written history (prior to approximately
1700 AD in Iowa City).
SENSITIVE AREAS CONSERVATION TRACT: A separate tract which protects sensitive areas
and associated buffers within planned developments, subdiwsions and building site plans; held
separately from buildable lots by an incorporated homeowners' association or a nonprofit
conservation organization, or dedicated to the City.
SENSITIVE AREAS DEVELOPMENT PLAN: A plan required to be submitted and approved in
conjunction with a Sensitive Areas Overlay (OSA) rezoning that designates protected sensitive
areas and associated buffers within a planned development.
SENSITIVE AREAS INVENTORY MAP - PHASE h The map of the Iowa City service area w~th
designations of potential environmentally sensitive areas, such as woodlands, wetlands,
floodplains, steep slopes, hydr~c soils, prairie remnants and geological, historical and archaeo-
logical features.
SENSITIVE AREAS OVERLAY (OSA) ZONE: A planned development rezoning of a tract of land
that requires the approval of a Sensitive Areas Development Plan, which designates protected
sensitive areas and their associated buffers on said tract.
SENSITIVE AREAS, PROTECTED: Portions of a parcel of land containing environmentally
sensitive features that are designated on an approved Sensitive Areas Site Plan or a Sensitive
Areas Development Plan and where no development activity is allowed.
SENSITIVE AREAS SETBACK LINE: A line delineated on a proposed development plan or site
plan that establishes the no-build line around protected sensitive areas, such as wetlands,
streams, steep slopes, and woodlands, and their required buffers.
SENSITIVE AREAS SITE PLAN: A site plan for development on a tract of land that does not
require a Sensitive Areas Overlay (OSA) rezoning and is not otherwise exempt, but which
contains sensitive areas that warrant protection under an approved plan for protecting sensi-
tive areas on said tract.
SLOPE: An inclined ground surface, either naturally occurring or altered, with a vertical rise
of at least 10 feet, and which is not otherwise approved by the City.
SLOPE, CRITICAL: A slope of twenty-five (25) percent, but less than forty (40) percent.
Ordinance No. 95-3699
Page 4.
SLOPE, PERCENT OF: The slope of a designated area determined by dividing the horizontal run
of the slope into the vertical rise of the same slope and converting the resulting figure into a
percentage value.
SLOPE, PROTECTED: Any slope of forty (40) percent or steeper.
SLOPE, STEEP: A slope of eighteen (18) percent, but less than twenty-five (25) percent.
STREAM CORRIDOR: A river, stream or drainageway shown in blue (the blue line) on the most
current U.S. Geological Survey Quadrangle Maps, and the area of its delineated floodway. In
cases where no floodway is delineated, the blue line will serve as the centerline within a 30-
foot wide stream corridor.
TREE, FOREST: Any tree two (2) inches in diameter or greater, and included on the list of
forest trees approved by the City.
WETLAND, WETLAND AREAS: Those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and that under normal circum-
stances do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. For the
purposes of this Section, wetland shall mean a jurisdictional wetland that is regulated by the
U.S. Army Corps of Engineers. Determination of jurisdictional wetlands shall be made either
by the Corps or bv a wetland specialist and accepted by the Corps.
WETLAND SPECIALIST: An individual certified as a wetland specialist by the Society of
Wetland Scientists, and/or a person who can demonstrate to the City that they have expertise
in wetland areas which may include delineation, mitigation and evaluation.
WOODED AREAS: Includes woodlands and/or groves of trees, as defined in this section.
WOODLAND, WOODLAND AREA: - Any tract of land with a contiguous wooded area not less
than two acres and containing not less than 200 forest trees per acre.
WOODLAND CLEARING: The destruction or removal of trees within woodlands subject to this
Section by physical, mechanical, chemical or other means, such that the clearing results in a
total opening in the woodland canopy of 20,000 square feet or more.
Applicability:
1. Sensitive Areas Overlay (OSA) Zone
a. A Sensitive Areas Overlay (OSA) rezoning is required prior to development
activity on properties containing any one of the following sensitive features:
1 ) Wetlands,
2) Woodlands two acres in size or greater, where other sensitive features
exist on the site,
3) Critical slopes (25-39%), or
4) Protected slopes (40% + )
as defined in the Definitions Section herein and as delineated on the maps
referenced in subsection 14-6K-C3 of this ordinance and/or verified as existing
on the site.
b. A Sensitive Areas Overlay rezoning requires a Sensitive Areas Development
Plan that delineates protected sensitive areas and associated buffers in the
manner of a planned development, which Plan shall be submitted and approved
as part of the rezoning.
c. Review and approval of a Sensitive Areas Planned Development shall be by
ordinance in accordance with the Planned Development Housing Overlay Zone
(OPDH) procedures, as specified in subsection 14-6J-2D of this Chapter.
Ordinance No. 95-3699
Page 5
Sensitive Areas Site Plan
a. A property containing one or more of the following sensitive features but which
does not require a Sensitive Areas Development Plan. shall require a Sensitive
Areas Site Plan prior to development activity:
1)
2)
3)
4)
5)
6)
Fully hydric soils
Prairie remnants one acre in area or larger
Stream corridors
Archaeological sites
Steep slopes (18-24%)
Woodlands two acres in size or greater, when no other sensitive fea-
tures exist on the site
as defined in the Definitions Section heroin and as delineated on the maps
referenced in subsection 14-6K-1C3 of this Ordinance and/or verified as exist-
ing on the site.
b. Recording requirement. An approved Sensitive Areas Site Plan that contains
a protected sensitive area and/or buffer, or has a designated conservation ease-
ment, shall be recorded in the Johnson County Recorder's Office prior to issu-
ance of any certificate of occupancy for the property. The recording is intend-
ed to provide notice to subsequent property owners that environmental limita-
tions apply to the subject property.
c. The procedures for review and approval of a Sensitive Areas Site Plan shall be
in accordance with the Site Plan Review regulations, as specified in Sections
14-5H-3, and 14-5H-6 through 14-5H-8 of Chapter 5, "Building and Housing".
3. Sensitive Features
a. Sensitive features governed by the Sensitive Areas Ordinance include:
1) Jurisdictional wetlands as regulated bv the U.S. Army Corps of Engi-
2) Floodways designated on either the current Federal Emergency Ma~l-
agement Agency flood boundary and floodway maps for Iowa City and
Johnson County or the Iowa City (1 inch = 100 foot scale) flood
boundary and floodway maps.
3) Drainageways shown in blue on the current U.S. Geological Survey
Quadrangle Maps.
Slopes 18 percent or greater.
5) Woodland areas two acres in size or greater.
Hydric soils as designated in the USDA Soil Conservation Service S0i.!
Survev of Johnson County, Iowa.
7) Prairie remnants as shown on the Iowa City Sensitive Areas Inventory
Map - Phase I, as amended.
8) Archaeological sites as determined by the State Historic Preservation
Officer or the State Archeologist.
b. Prior to woodland clearing, grading or development activity on tracts of land
or portions of tracts of land where sensitive features specified above exist,
either a Sensitive Areas Site Plan or a Sensitive Areas Overlay rezoning applica-
tion, whichever is appropriate, shall first be submitted to and approved by the
City. This application process may occur as part of site plan review, planned
development overlay zoning and/or subdivision review. If the property is ex-
empt, the applicant shall first apply for and obtain a certificate of exemption
from the City before development activity occurs.
Exemptions: The following activities are exempt from the requirements of this Section:
1. Emergency/public safety. Grading, clearing, removal or other activities required for
emergency situations involving immediate danger to life, health end safety, or which
create an immediate threat to person or property or create substantial fire hazards.
2. Normal maintenance/expansion of existing single-family or duplex residences. Exterior
remodeling, reconstruction or replacement of single-family or duplex residences in
Ordinance No. 95-3699
Page 6
existence as of December 1 3, 1995. provided the new construction or related activity
connected with an existing single-family or duplex residence shall not increase the
footprint of the structure lying within the sensitive area by more than a maximum total
of 1000 square feet, and also provided there is no encroachme~t by said activities,
including grading, into a jurisdictional wetland, a designated sensitive areas conserva-
tion tract and/or protected sensitive area.
3. Construction of new single-family or duplex residences. Grading, clearing or develop-
ment activities not to exceed a maximum total of 20,000 square feet in area on a tract
of land for the purpose of construction, landscaping and/or associated improvements
for one (1) single-family or duplex residence, provided there is no encroachment by said
activities into a jurisdictional wetland, a designated sensitive areas conservation tract
and/or protected sensitive area.
4. Drainage ditches/groundwater monitonng wells. Normal and routine maintenance of
existing drainage and storm water management facilities are exempt. This exemption
includes vegetative maintenance for access and storm water/flood control purposes
within and adjacent to drainageways. Except for temporary storage outside a wetland
or water body, placement of fill or dredge spoils is not exempt under this subsection.
Groundwater monitoring wells, when constructed to standards approved by the City,
are exempt.
5. Woodland management activities. Practices associated with t~mber management
standards as defined bV the International Society of Arbor/culture, or ernst/rig tree
farming operations, such as Christmas tree farming, fruit or nut tree production and
tree nurseries, dunng such t~me as the land is used for tree farming operations are
exempt.
Uses Permitted Within Protected Sensitive Areas and Buffers.
Where it can be shown that a use will not be detrimental to the functioning of sensitive areas
or associated buffers, or pose a pubhc safety hazard, the following uses are permissible,
subject to City approval during the application process set out herein:
1. Parkland, private open space, and trails that provide opportunities for environmental
interpretation and are designed to incorporate features that protect areas of wildlife
habitat, water quality and the natural amenities in protected sensitive areas and
buffers.
2. Stream crossings, such as bridges, roads and culverts, and/or streambank stabilization.
which are designed to minimize the reduction of the flood carrying capacity of the
stream and are in compliance with all federal and state regulations.
3. Essential public util=ties such as storm and samtary sewers, water mmns, gas, tele-
phone and power hnes, and storm water detention facihties are permitted if they are
designed and constructed to minimize their impact upon the protected sensitive areas
and associated buffers. The design and construction of utilities should also include
measures to protect against erosion, pollution and habitat disturbance, and result in
minimal amounts of excavation and filling. Upon completion of the installation of the
public facility or hne, the sensitive protected areas and associated buffers shall be
restored by those persons responsible for the disturbance.
Submittal Requirements: Prior to development activity defined herein where a tract of land
contains the sensitive features listed in subsection 14-6K-1C, entitled "Applicability," and
where the land must be developed m accordance with the provisions of the Sensitive Areas
Ordinance and is not otherwise exempt, the Owner shall submit six copies (6) of a Sensitive
Areas Site Plan and an application for its approval to the Department of Housing and Inspection
Services, or if required, shall submit ten (10) copies of a Sensitive Areas Development Plan and
an application for a Sensitive Areas Overlay rezoning to the City Clerk.
1. Sensitive Areas S~te Plan: Submittal information for a Sensitive Areas Site Plan shall
include:
a. Submittal information required for a site plan review as specified in subsections
1 4-SH-4A and 1 4-5H-4B, the submittal requirements listed for Article 1 4-5H,
entitled "Site Plan Review."
Ordinance No. 95-3699
Page 7
Delineation of sensitive areas located on the property, including:
Areas of fully hydric soils.
2) Prairie remnant areas.
Stream corridors.
Steep slopes.
5) Woodland Areas
Delineation of buffer areas and/or sensitive area conservation easements.
Note in an accompanying letter whether archaeological site(s} exist on the
property, but do not designate the exact location on the plan.
Other data and information as may be reasonably required by the City.
2. Sensitive Areas Development Plan: Submittal information for a Sensitive Areas Devel-
opment Plan shall include:
a. All the information required for a Sensitive Areas Site Plan, and
b. Submittal information required bv subsection 14-6J-2D of Section 14-6J-2,
entitled "Planned Development Housing Overlay Zone (OPDH)", except in the
case of commercial and industrial development, those submittal requirements
applicable only to residential development shall not applv; and
c. Delineation of the following sensitive areas located on the property:
1 ) Wetland areas.
2) Critical slopes.
3I Protected slopes.
d. Delineation of buffers and/or sensitive area conservation tracts for sensitive
areas located on the property.
e. Other data and information as may reasonably be required by the City.
3. The City may waive any submittal requirements considered unnecessary for the review
of a specific development activity.
Wetlands:
1. Purpose: The purpose of regulating development in and around wetlands is to:
a. Preserve the unique and valuable attributes of wetlands as areas where
stormwater is naturally retained, thereby controlling the rate of runoff, improv-
ing water quality, recharging groundwater resources, providing erosion control
and lessening the effects of flooding.
b. Promote the preservation of habitat for plants, fish, reptiles, amphibians and/or
other wildlife.
c. Minimize the impact of development activity on wetland areas.
d. Provide a greater degree of protection for many wetland areas above and
beyond that provided by the federal and state government.
e. Minimize the long term environmental impact associated with the loss of
wetlands.
2. Wetland Regulation by Other Agencies: The approval of a Sensitive Areas Develop-
ment Plan or a Sensitive Areas Site Plan under the provisions of this Section is in addi-
tion to the applicant's need to obtain permits required by other local, state, or federal
agencies, and does not alter the applicant's obligation to satisfy and obtain all other
applicable local, state or federal regulations and permits.
3. Wetland Regulations:
a. Wetland Delineation:
1) Prior to any development activity occurring on a site containing a
potential wetland as defined above or as shown on the Sensitive Areas
Inventory Map - Phase I, the property owner shall provide a delineation
of the wetland area(s) accepted by the U.S. Army Corps of Engineers
prior to the submittal to the City of a Sensitive Areas Development Plan
or a Sensitive Areas Site Plan, for City review.
2) If the property owner certifies that no development activity will occur
within 150 feet of the apparent edge of a suspected or potential
wetland area(s) on the site, the requirement for delineation by a
Ordinance No. 95-3699
Page 8
bo
weftand specialist or the Corps may be waived by the City. In the case
of a waiver, the property owner shall grant an easement running in
favor of the City, an approved conservation group or other organization
for the purpose of retaining the wetland and the surrounding 150 foot
protection area as undeveloped natural open apace, and the owner shall
then be allowed to follow the procedures for a Sensitive Areas Site
Plan as set forth in this Section, provided the weftand was the only
sensitive feature triggering a sensitive area development plan.
Wetland Buffer Requirements: A 100 foot, undisturbed, natural buffer shall be
maintained between any development activity and a wetland(s) as defined in
the Sensitive Areas Ordinance, unless said development activity is exempted
under subsection 14-6K-1D. The required yards established for the base
zoning district shall be measured from the buffer edge. and shall be in addition
to the required yard/setback and shall apply to parking lots as well. {For exam-
ple, the RS-5 zone requires a 20-foot rear yard setback, which would be
measured from the outside edge of the required 100 foot buffer. As a result,
no building or parking lot could be located within 120 feet of the wetland.]
The City may reduce the required natural buffer based on the following criteria:
1) The required natural buffer may be reduced by up to 50 feet if it can
be demonstrated by a wetland specialist that the wetland:
a} Is less than five acres in area; and
b) Does not contain species listed by the federal and/or state
government as endangered or threatened, or critical or out-
standing natural habitat for those species; and
c) Does not contain diverse plant associations of infrequent occur-
rence or of regional significance; and
d) Is not located within a stream corridor as defined in the Sensi-
tive Areas Ordinance.
2) The required natural buffer may be reduced by up to 75 feet if it can
be demonstrated by a wetland specialist that the wetland:
a) Satisfies the criteria I,sted in subsection 1 above; and
b) Does not, in a year of average precipitation, contain standing
water throughout the calendar year; and
c) Is not a forested wetland; and
d) Does not provide a known habitat for migratory birds of local
or regional significance.
3) Buffer averaging may be permitted or required where an increased
buffer is deemed necessary or desirable to provide additional protection
to one area of a wetland for aesthetic or environmental reasons. In this
situation, the width of the required buffer around other areas of the
wetland may be reduced by up to 50 percent, but the area of the
provided buffer must be equal to or greater than the total area of the
required buffer.
4)
In determining whether to reduce or not to reduce the required buffer,
the City shall consider the following:
Ordinance No. 95-3699
Page 9
a) The proposed lend use of the property and its potential impact
on the wetland.
b) The design and layout of the proposed development in relation
to the wetland.
The physical characteristics of the site and the wetland.
d) Any other factor related to the short or long term environmen-
tal stability and health of the wetland.
c. Design Standards:
1) No grading, dredging, clearing, filling, draining, or other development
activity shall occur within a delineated weftand or required buffer area,
unless said activity is pert of a mitigation plan as approved under
subsection 14-6K-1G4.
2) For property not served by a municipal sanitary sewer system, the loca-
tion of septic tanks, soil absorption systems, ho!ding tanks, or any
other element of an on-site sewage disposal system must meet the
required yard specified in the regulations of the base zoning district, as
measured from the buffer edge.
3) To mitigate negative impacts of development and limit sedimentation,
the direct discharge of untreated surface water from a development
site or a developed area into a wetland may be prohibited. The partial
treatment of storm water runoff through the use or combined use of
constructed wetlands, detention basins, vegetative filter strips, sedi-
ment traps or other means before the storm water runoff reaches a
wetland will be considered as part of a mitigation plan as provided in
subsection 14-6K-1G4. In such case, the discharge should not in-
crease the rate of flow or decrease the water quality of the wetland,
unless it can be shown by a wetland specialist that an increase in the
rate of flow will enhance rather than adversely impact the wetland.
On any lot containing a wetland, erosion control measures, whether
required under Article 14-51, entitled "Grading Ordinance," or as part
of a mitigation plan approved under the provisions of the Sensitive
Areas Ordinance, shall be installed prior to any development activity
occurring on the site.
The planting of foreign or invasive spec.es, including intrusive native
varieties, in wetland or buffer areas shall be prohibited. Only non-
intrusive native species shall be used to supplement existing vegeta-
tion.
The removal of foreign or invasive species, including intrusive native
varieties, within a wetland or buffer area may be permitted when
approved as part of a mitigation plan as provided under subsection 1 4-
6K-1G4.
7) Where it is determined that the area occupied by the required buffer
provides little natural protection to the wetland due to previous land
disturbance, enhanced vegetative cover shall be provided within the
buffer area to help filter and slow the flow of surface water. The
enhanced vegetation shall consist of species that are known to be non-
invasive to wetland areas.
Wetland Mitigation: A Sensitive Areas Development Plan or Sensitive Areas Site Plan
for property containing a wetland, as defined in the Sensitive Areas Ordinance, shall
include a mitigation plan showing that all regulations contained in subsection 14-6K-
1G3, Wetland Regulations, will be met. Avoiding a delineated wetland area and
minimizing the impact of development on a wetland is strongly encouraged, and shall
be investigated before compensatory mitigation will be considered.
a. In addition to the submittal requirements contained in subsection 14-6K-1 F, a
wetland mitigation plan shall include the following information:
Ordinance No, 95-3699
Page 10
1 ) The type and location of erosion control measures to be placed on the
property prior to any other development activity occurring on the site.
2) The boundaries of the delineated wetland and the required natural
buffer area.
3) Certification by a wetland specialist or the U.S. Army Corps of Engi-
neers regarding the wetland delineation, if required.
4) Information regarding the characteristics of the wetland necessary to
determine the allowable buffer reduction as provided in subsection 14-
6K-1G3b, if a reduction is requested.
5) A storm water management plan indicating that the requirements of
Section 14-3G, entitled "Storm Water Collection, Discharge and Run-
off," and subsection 14-6K-1G3c3 will be met.
Compensatory mitigation may be permitted only if it is clearly demonstrated
that avoiding and minimizing the impact on a wetland is unreasonable. A
permit for any development activity within a wetland area is required by the
U.S. Army Corps of Engineers. If a permit is granted for development activity
within a wetland, compensatory mitigation shall be required based on the
following criteria, unless a greater degree of compensation is required by the
Corps:
1) Wetlands containing species listed by the federal or state government
as endangered or threatened, or containing critical or outstanding
natural habitat for those species, wetlands containing the presence of
diverse plant associations of infrequent occurrence or of regional impor-
tance, and wetlands located within stream corridors as defined in the
Sensitive Areas Ordinance (Section 14-6K-1) shall be considered pro-
tected, "no build" wetland areas. Compensatory mitigation will be
considered only if the wetland disturbance is relatively small in relation
to the overall wetland and if it can be shown that the disturbance will
not have an adverse impact on the overall wetland. If compensatory
mitigation is permitted for a wetland meeting these characteristics, the
required replacement ratio of comparable habitat replaced to habitat
lost shall be at least 3:1.
2) The replacement ratio of comparable habitat replaced to habitat lost
shall be at least 2:1 for wetlands not meeting the criteria listed in
subsection 14-6K-1G4b1, but containing:
a) Standing water throughout the calendar year under average
precipitation,
b) Forested wetlands, and/or
c) Wetlands providing a known habitat for migratory birds of
regional or local significance.
3) Compensatory mitigation for all other wetlands regulated under the
Sensitive Areas Ordinance shall be at a ratio of at least 1:1. If said
wetland and/or the replacement habitat is enhanced to meet one or
more of the criteria listed in subsections 14-6K-1G461 or 14-6K- 1G462
above, the required replacement ratio may be reduced to 0.5: 1.
Where compensatory mitigation is proposed, the mitigation plan specified in by
subsection 14-6K-1G4a must be prepared by s wetland specialist. A com-
pensatory mitigation plan must include the following components:
1) An assessment of the value of the wetland being replaced to determine
the appropriate replacement ratio;
A clear statement of the goals of the mitigation plan, including specific
statements regarding the expected rate of establishment of a vegeta-
tive cover over specified periods of time;
Analysis of the soils, substrate and hydrology of the proposed site of
the constructed or expanded wetland in terms of their suitability to
provide a proper growing medium for the proposed vegetation;
Ordinance No. 95-3699
Page 1 1
H. Stream
1.
4) A list of the plant species to be used, which should include only native,
non.invasive species, and their proposed locations. Transplanting as
much of the native vegetation from the original ~vetland as possible, as
well as the upper six to twelve inches of the soil is encouraged; and
5) Provisions for monitoring the condition of the n~ w or enhanced wetland
area for a period of five (5) years, and identification of the party re-
sponsible for replanting in the event of poor initial growth or predation
resulting in a failure of over 30 percent of the ~lanted stock. Informa-
tion collected during the monitoring process shall be submitted to the
City annually and include the following:
a) Data on plant species diversity and tbe extent of plant cover
established [n the new or enhanced wetland; and
b) Wildlife presence; and
c) Data on water regimes, water chemistry, soil conditions and
ground and surface water interactions; and
d) Proposed alterations or corrective measures to address defi-
ciencies identified in the created or er~hanced wetland, such as
a failure to establish a vegetative (:over or the presence of
invasive or foreign species.
Corridors:
Purpose: The purpose of regulating development in and around stream corridors is to:
a. Preserve the value of stream corridors in providing floodwater conveyance and
storage.
Promote filtration of storm water runoff.
c. Reduce streambank erosion.
d. Protect and enhance wildlife habitat.
Stream Corridor Regulation by Other Agencies: The approval of a Sensitive Areas
Development Plan or a Sensitive Areas Site Plan shall be in addition to the applicant's
need to obtain permits required by other local, state or federal agencies, and does not
alter the applicant's obligation to satisfv and obtain all other applicable local, state or
federal regulations and permits.
Stream Corridor Regulations: Any property located adjacent to the Iowa River or
another stream corridor in Iowa City will be required to submit a Sensitive Areas Site
Plan, unless said property qualifies for an exemption under subsection 14-6K-1 D, or is
considered under a Sensitive Areas Development Plan review required for another
sensitive feetufa.
Stream Corridor Buffer Requirements:
a. Unless exempt under subsection 14-6K-1D, the following buffer requirements
will be maintained; when other sensitive features are located within a stream
corridor, the most stringent required protective buffer will apply:
1) Along the Iowa River, a §O-foot natural buffer will be maintained be-
tween any development activity and the stream corridor which includes
the floodway.
Along tributaries to the Iowa River that have a delineated floodway, a
30-foot natural buffer will be maintained between any development
activity and the stream corridor which includes the floodway. These
tributaries include, but are not limited to Ralston Creek, Willow Creek,
Snyder Creek, Clear Creek and Rapid Creek.
3) Along tributaries or drainageways that do not have a delineated flood-
way, a 15-foot natural buffer will be maintained between any develop-
ment activity and the stream corridor limits.
Ordinance No. 95-3699
Page 12
eUFFER REGUIREMENTS IN eTREAM CORR[DORS
b. The City may reduce the required natural buffer based on the following criteria:
1) The required natural buffer may be reduced by up to 50 percent if the
applicant demonstrates that the portion of the buffer being reduced:
a) Does not contain significant existing vegetative cover, such as
native trees or prairie remnants; and
b) Does not contain other sensitive areas subject to the require-
ments of the Sensitive Areas Ordinance; and
c) Enhanced vegetative cover will be provided in the remaining
buffer area.
2) The required natural buffer may be reduced by up to 1 O0 percent if the
applicant demonstrates that:
a) The property is adjacent to or contains a stream corridor that
is located in a developed area of the Citv (defined as an area of
the City where platted lots abut the stream as of December 13,
1995, the effective date of the Sensitive Areas Ordinance); and
b) The portion of the buffer being reduced does not contain other
sensitive areas subject to the requirements of the Sensitive
Areas Ordinance; and
c) Requiring the full stream corridor buffer would preclude reason-
able use of the property; and
d) Enhanced vegetative cover will be provided in any remaining
buffer area, to the extent possible.
c. in determimng whether to reduce the required buffer, the City shall consider
the following:
1) The proposed land use of the property and its potential impact on the
stream corridor;
2) The design and layout of the proposed development in relation to the
stream corridor;
3) The characteristics of the site and the stream corridor; and
4) Any other factor related to the short or long term environmental stabili-
ty and health of the stream corridor.
Steep Slopes:
Purpose: The purpose of regulating development on and near steep slopes is to:
a. Promote safety in the design and construction of developments,
b. Minimize flooding, landslides and mudslides.
c. Minimize soil instability, erosion and downstream silterich.
d. Preserve the scenic character of hillside areas, particularly wooded hillsides.
Ordlnanoe No. 95-3699
Page 13
Regulations:
a. Steep Slopes - Any property containing steep slopes {18-24%) shall be required
to submit a Sensitive Areas Site Plan, unless said property qualifies for an
exemption under subsection 14-6K-1D. The Sensitive Areas Site Plan must
conform with the design guidelines specified in subsection 14-6K~114.
b. Critical Slopes - Any property containing critical slopes {25-39%) shall be
required to submit a Sensitive Areas Development Plan and a Grading Plan,
unless said property qualifies for an exemption under subsection 14-6K-1D.
The Sensitive Areas Development Plan must conform with the design guidelines
specified in subsection 14-6K-114, and the Grading Plan must conform with the
requirements of the Grading Ordinance.
c. Protected Slopes - Any area designated as a protected slope (40% + ) shall not
be graded and must remain in its existing state, except that natural vegetation
may be supplemented by other plant material. Any such property shall be
required to submit a Sensitive Areas Development Plan and a Grading Plan,
unless said property qualifies for an exemption within this Section.
Buffer requirements: A buffer will be required around all protected slopes. Two feet
of buffer will be provided for each foot of vertical rise of the protected slope, up to a
maximum buffer of 50 feet. The buffer area is to be measured from the top, toe and
sides of the protected slope. No development activity, including removal of trees and
other vegetation, shall be allowed within the buffer. If a geologist or professional engi-
neer can demonstrate to the satisfaction of the City that a development activity can
be designed to eliminate hazards, the setback and buffer requirements may be reduced.
BUFFER REQUIREMENTS FOR PROTECTED SLOPES
REQUIRED BUFFER
REQUIRED eUFFER 2' FOR EVERY 1'
2' FOR EVERY 1' OF VERTICAl. RISE UP TO
VERTICAL RISE UP TO
A MAXIMUM OF 50' PROT[C?EO SLOPE ~40% OR GREAT£RI A MAXIMUM 01: 50'
NOTE: BUFFER MAY BE REDUCED UPON REVIEW AND APPROVAL OF A SPECIAL STUDY.
Design Standards: The following guidelines shall be addressed when either a Sensitive Areas
Site Plan or a Sensitive Areas Development Plan for property containing steep slopes is submit-
ted:
a. Except for commercially or Industrially-zoned properties, every lot or parcel
shall have a construction area equal to at least 40% of the minimum lot size
required by the zone in which it is located. [For example, the construction area
would be 3,200 square feet for a lot in the RS-5 zone, where a minimum 8,000
square foot lot is required.]
Ordlnanoe No. 95-3699
Page 14
Wooded Areas
1.
Except for driveways and utilities installation, no grading or excavation shall be
allowed outside the construction area.
Cut slopes shall be constructed to eliminate sharp angles of intersection with
the existing terrain and shall be rounded and contoured as necessary to blend
with existing topography to the maximum extent possible. The City will not
accept the dedication and maintenance of cut and fill slopes, except those
within the required street right-of-way.
Street rights-of-way and public utility corridors shall be located so as to mini-
mize cutting and filling.
To maintain the stability of ungraded areas, existing vegetation shall be re-
tained to the maximum extent possible.
Purpose: The purpose of regulating development in and around wooded areas is to:
a. Reduce damage to wooded areas of the City, particularly wooded wetlands,
steep slopes and stream corridors.
b. Reduce erosion and siltation.
c. Minimize the destruction of wildlife habitat.
d. Encourage subdivision and site plan design which incorporate groves and
woodlands as amenities within a development.
Woodland/Grove Regulations:
a. Any property containing a woodland in combination with any other environ-
mentally sensitive area subject to the requirements of this Section will be
required to submit a Sensitive Areas Development Plan, prior to woodland
clearing or commencing any development activity, unless said property qualifies
for an exemption under subsection 14-6K-1D.
b. Any property containing a woodland, but not otherwise required to have a
Sensitive Areas Development Plan, will be required to submit a Sensitive Areas
Site Plan prior to woodland clearing or commencing any development activity,
unless said property qualifies for an exemption under subsection 14-6K-1D.
c. Site plans, grading plans and subdivision plats for any property containing a
grove of trees shall illustrate the grove on the plan or plat prior to commence-
ment of any development activity, and will take measures to protect and retain
as much of the grove as practicable, unless said property qualifies for an
exemption under subsection 14-6K-1D.
d. If the property owner certifies that no development activity will occur within
100 feet of the trunks of the trees to be protected in a woodland, the require-
ments of a., b. or c. above may be waived. The woodland and a 1OO foot
protection area shall be preserved as public or private open space, either
through dedication, a conservation easement, or control by a homeowners'
association.
Woodland Retention and Replacement Requirements
a. Sensitive Areas Development Plans and Sensitive Areas Site Plans required to
be submitted under this Section shall delineate all existing woodlands and shall
designate all woodlands that are to be protected. The plans shall substantiate
that woodlands are being retained as follows:
Zone Retention Re(~uirement
ID, RR-1 70%
RS-5, RS-8, RS-12, 50%
RM-12, RM-20, RM-44, RNC-12, RNC-20 20%
RDP, ORP 20%
C and I 10%
The required woodland area to be retained shall be delineated to include a
buffer area by measuring fifty (50) feet outward from the trunks of trees
intended to be preserved.
Ordinance No. 95-3699
Page 15
c. If the City determines that the required woodland area cannot be retained due
to site constraints or infrastructure requirements, replacement trees will be
planted. One tree shall be planted for every 200 square feet of woodland
removed from the otherwise required retention area.
d. Where it is not feasible to replace trees on-site, replacement trees may be
planted to supplement reforestation of an off-site woodland approved by the
City. An off-site woodland shall be either publicly owned property or property
subject to a conservation easement.
e. Replacement trees must be approved by the City, and to the extent possible,
should be of the same or equivalent species as the trees being removed.
f. Replacement trees shall meet the specifications set forth in Section 14-6R-5,
entitled "General Tree Planting Requirements," and shall be secured by a
performance guarantee for e period of 12 months.
g. Woodland and tree protection methods for proposed development activity shall
be shown on any plan or plat required to be submitted prior to commencement
of development activity. Protection methods should comply with generally
accepted tree protection guidelines and be approved by the City.
h. When other environmentally sensitive features regulated by the Sensitive Areas
Ordinance are present in combination with a woodland, the regulations related
to all the sensitive areas contained on the property will be considered, with the
most stringent regulations applying.
4. Design Guidelines for Woodland Retention: The following guidelines should be ad-
dressed when either a Sensitive Areas Site Plan or a Sensitive Areas Development Plan
is submitted:
a. To the extent possible, woodlands located on steep and/or critical slopes
and/or within 100-year flood plains should be given the highest retention
priority when meeting the requirements of subsection 14-eK-1J3a.
b. Street rights-of-way, public utility corridors and building sites should be located
so as to minimize their impact on woodlands and groves.
c. Where possible, woodlands and groves to be protected should be located
within designated public or private open space, either through dedication, a
conservation easement, or control by a homeowners' association.
Fully Hydric Soils:
1. Purpose: Fully hydric soils may indicate the potential existence of jurisdictional wet-
lands and the probable existence of a high water table. The purpose of regulating
lands that contain fully hydric soils is to recognize the constraints imposed on urban
development projects by potential wetlands and/or high water tables. That is:
a. Wetlands are protected under state and federal law, and as such, are consid-
ered no-build areas unless appropriate and approved mitigation measures are
undertaken.
b. High water tables on a property require special construction practices both for
infrastructure such as streets, and for structural development such as resi-
dences.
2. Regulations:
a. If fully hydric soils exist on a property where development activity is proposed,
the property owner shall verify whether wetlands exist on the site. If wetlands
are delineated on the site, compliance with the wetlands provisions of the
Sensitive Areas Ordinance (Section 14-6K-1) will be required.
More stringent construction safeguards, as specified by the City Public Works
Department, will be required for streets, structures and stormwater manage-
ment facilities located in hydric soils. Sump pump discharge and elevations of
window openings may also be regulated, as specified by the City Public Works
Department,
c. Properties containing fully hydric soils, but not otherwise requiring a Sensitive
Areas Development Plan, will require a Sensitive Areas Site Plan Review.
Ordinance No. 95-3699
Page 16
d. Hydric soils, in and of themselves, will not be deemed sufficient to require a
Sensitive Areas Overlay rezoning.
3. Design standards: To the extent possible, urban development projects will be designed
so that areas of hydric soils will be treated as an environmental asset; used for storm-
water detention, wetland enhancement or buffers, protective greenbelts along stream
corridors, and neighborhood open space.
Prairie Remnants:
1. Purpose: The purpose of protecting prairie remnants in Iowa City is to:
a. Preserve the value of prairie remnants for holding soil in place, absorbing
pollutants and taking up large amounts of moisture. These functions are
particularly important when prairie remnants are located along streambanks,
adjacent to wetlands or on areas of highly erodible soil.
b. Protect and enhance the function of prairie remnants to provide wildlife habitat,
ecological diversity and environmental education opportunities in an urban
setting.
2. Prairie Remnant Regulations:
a. Development of properties containing prairie remnants one acre in size or larger
that are not associated with other sensitive features will be designed to retain
the maximum amount of prairie remnant possible, while not precluding reason-
able, beneficial use of the property.
b. Prairie remnants associated with other sensitive features, such as stream
corridors, wetlands, steep slopes, woodlands or a stand of significant trees will
be treated as environmental assets, and will be considered no-build areas to the
extent possible, and used for buffers, filter strips along waterways, and/or
neighborhood open space.
Properties containing prairie remnants one acre in size or larger, but not other-
wise requiring a Sensitive Areas Development Plan, will require a Sensitive
Areas Site Plan review.
d. Prairie remnants, in and of themselves, will not be sufficient to require a Sensi-
tive Areas Overlay rezoning.
Archaeological Sites:
1. Purpose: The purpose of regulating development of lands which contain archaeological
sites is to:
a. Help assure that sites which contain important information regarding the
community's prehistory and history are identified, studied, protected, and/or
properly excavated when appropriate.
b. Allow the State Historic Preservation Officer and, where appropriate, the State
Archaeologist the opportunity to document and study important prehistoric and
historic sites.
c. Allow for the consideration of prehistoric and historic sites in the planning and
development of a property to minimize delays when it is determined that study
or excavation of such sites is necessary.
d. Provide for the early identification of human burial sites to ensure that the
State Code regarding such burial sites is not violated and to avoid unnecessary
delays in subdivision development and subdivision redesign if such sites are
discovered after commencement of development.
2. Notification: When the Sensitive Areas Inventory Map - Phase I indicates that an
archaeological site is located in the quarter section within which a site plan, planned
development or a subdivision is proposed, the City will forward the site plan or subdivi-
sion plan to the State Historic Preservation Officer (State) or the State Archaeologist.
The State will notify the City if a recorded archaeological site exists within the area of
the site plan, planned development or subdivision. The State will also notify the City
if the site is of such archaeological importance that it requires further study by the
State or a State-approved archaeologist.
3. Regulations:
Ordinance No. 95-3699
Page 17
Archaeological Sites - If it is determined by the State that further study of an
archaeological site is necessary, the City may approve a site plan, planned
development or a subdivision, subject to a requirement that the State or a
State-approved archaeologist be allowed to study the site and, if appropriate,
complete an excavation of the site for the purpose of documenting the signifi-
cance of the site. The State shall have a period of up to thirty (30) calendar
days in which the site is frost-free to study and, where appropriate, excavate
the site. This requirement shall not prevent or delay activities which are
approved under the grading ordinance, site plan review, planned development
or subdivision regulations for portions of the property which do not contain ar-
chaeological materials.
The applicant may choose to hire an archaeologist approved by the State to
complete a study or excavation plan approved by the State. In this way, the
study or excavation work may be completed in a mare timely manner.
Significant Archaeological Sites - If the State determines that the property
includes a significant prehistoric or historic site which cannot be studied and
excavated within a thirty (30! calendar day period, the site plan, planned
development or a subdivision plan may be approved subject to an archaeologi-
cal assessment plan, which specifies a period of time in which the State or a
State-approved archaeologist may document and/or excavate a site.
If the site is determined to be of such state or national significance that it
should not be disturbed, an attempt should be made to design the site plan,
planned development or subdivision plan to allow retention of the site as
private or public open space.
c. Burial Grounds - When a site contains a human burial ground, the State Ar-
chaeologist shall determine the significance of the burial ground and whether
or not the human remains may be disinterred. If the State Archaeologist
determines that the human remains should not be disturbed, the portion of the
property containing the burial grounds plus a 20-foot buffer around the burial
grounds shall be set aside as permanent, private or public open space.
4. Discovery of Unrecorded Archaeological Sites: If, during the course of grading or
construction, prehistoric artifacts, historic objects or human remains are encountered,
the State shall be notihed. The State may take steps to excavate and preserve the
objects, if practical, or in the case of human burial grounds, the State Archaeologist
shall determine whether or not the human remains can be disinterred. If it is deter-
mined that the human remains cannot be disinterred, the portion of the property
containing the burial ground shall be returned to its preconstruction condition by those
persons responsible for the disturbance.
Sensitive Areas Development Plan Design Guidelines;
1. Purpose: The purpose of Sensitive Areas Development Plan design guidelines is to:
a. Provide for flexibility in the design of public infrastructure and residential
developments to help assure that developments near. in or adjacent to environ-
mentally sensitive areas, are designed to use land efficiently and preserve
environmentally sensitive areas as open space amenities.
b. Allow flexibility in the application of development codes, standards and guide-
lines to allow innovative designs that promote the purpose of the Sensitive
Areas Ordinance.
c. Encourage development which provides for easy access and circulation for
pedestrians and bicyclists.
d. Encourage innovative residential developments that contain a vatJew of housing
types and sWles.
Ordinance No 95-3699
Page 18
e. Allow neighborhood commercial uses which are appropriate in scale and design
for the proposed development.
Applicability:
a. The Sensitive Areas Development Plan design guidelines are to be used by the
City when evaluating a Sensitive Areas Overlay rezoning. These guidelines are
intended to be flexible and allow modifications of the requirements of the
underlying zoning district and subdivision regulations. When applying such
guidelines, the City will weigh the specific circumstances surrounding each
application, and strive for development solutions that best promote the spirit,
intent and purpose of the Sensitive Areas Ordinance while permitting develop-
ment of the property for reasonable, beneficial uses.
b. The development guidelines contained in the Sensitive Areas Ordinance are to
be used by the City as minimum requirements for evaluating Sensitive Areas
Development Plans. However, such guidelines are not intended to restrict
creativity end an applicant may request modifications of the Sensitive Areas
Development Plan guidelines which may be approved by the City in accordance
with the following standards:
1. The modification will be in harmony with the purpose and intent of the
Sensitive Areas Ordinance.
2. The modification will generally enhance the Sensitive Areas Develop-
ment Plan and will not have an adverse impact on its physical, visual
or spatial characteristics.
3. The modification shall not result in a configuration of lots or a street
system which is impractical or detracts from the appearance of the
proposed development.
4. The modification will not result in danger to public health, safety or
welfare by preventing access for emergency vehicles, by inhibiting the
provision of public services, by depriving adjoining properties of ade-
quate light and air, or by violating the purposes for and intent of this
article.
c. These development guidelines recognize that when environmentally sensitive
features are protected by conservation easements or other development restric-
tions, the overall dwelling unit density of a property may be reduced. The
Sensitive Areas Development Plan procedures allow the dwelling unit density
that otherwise would have been permitted in an environmentally protected area
to be transferred to the portions of the property which are identified as not
being environmentally sensitive. To help assure that the resulting denser
development ~s developed in an attractive and livable manner, the following
guidelines shall be applied.
d. These guidelines recognize that it may be necessarv to decrease lot area
requirements, lot width requirements and street right-of-way and paving re-
quirements in order to increase the density on the developable portion of the
property. These guidelines also recognize that special design concerns are
necessary for smaller lot developments. The use of alleys to provide for
vehicular access to individual lots will hel~' assure that an attractive and pedes-
trian-friendly streetscape is developed.
Street Design Guidelines:
a. A modified grid street pattern which is adapted to the topography, natural
features and environmental constraints of the property is encouraged.
b. Cul-de-sacs and other roadways with a single point of access should be mini-
mized, but may be used where environmental constraints prevent the construc-
tion of a grid street pattern.
c. Street right-of-way widths may be reduced below those otherwise required by
the subdivision regulations if plans provide sufficient area for the location of
public and private utilibes along the streets or alleys.
Ordlnance No. 95-3699
Page 19
d. Street pavement widths of local streets may be reduced to 25 feet. Further
reductions of street pavement width may be considered for alternative street
designs that promote pedestrian-oriented street frontages by restricting access
for vehicles other than emergency vehicles to the rear of the lots.
e. When street pavement widths are reduced below 28 feet, alternative locations
for parking, such as alleys and off-street parking clusters are encouraged.
Alley Design Guidelines:
a. The use of alleys to provide for vehicular access to individual lots and an
alternative location for utility easements can enhance the livability of compact
neighborhoods. When alleys are used, lot widths can be reduced to approxi-
mately one-half the otherwise required 45-60 foot lot width, In this manner,
more lots can be developed per linear foot of street paving.
b. Alleys, which are located parallel to local streets, are encouraged. Where
alleys are provided, driveway access to lots shall be via such alleys to the
extent possible. In such locations, curb cuts onto a parallel street should be
minimized. Utihty easements should be located in alleys to the extent possible.
c. Allevs should have a minimum pavement width of 16 feet. The paved alley
should be centered within a right-of-way or easement which provides sufficient
room on each side to allow for a utility corridor.
onvenbonal street design
Alternative street design with
veh~cula~ access from alley
Pedestrian Walkway Guidelines: To assure that pedestrians have adequate access
throughout a development, s~dewalks and pedestrian pathway networks should be
provided. The Iocahon and design of pedestrian sidewalks and pathways should be
based on the volume of traffic anticipated on the adjacent street; the length of the
segment of sidewalk or walkway; the need to provide for snow storage when walk-
ways are located adjacent to streets; and the degree to which access to an environ-
mentally sensitive feature is desirable.
Land Uses: The design guidelines of the Sensitive Areas Overlay Zone are intended
to encourage a mixture of housing types, and where appropriate, commercial uses.
When located adjacent to single-family and duplex structures, multi-family buildings
should be of a scale. messing and architectural style that is compatible with the
adjacent lower density residential development. Developments consisting of only one
housing type are discouraged except where the development is of a small size. A
mixture of the following land uses are encouraged to be integrated within a develop-
ment:
a. Detached single-family dwellings.
b. Duplexes.
c. Zero-lot line dwellings and townhouses.
d. Multi.family buildings.
e. Accessory apartments limited to less than 800 square feet in floor area provid-
ed that they are located within an owner-occupied dwelling or within a permit-
ted accessory building associated with an owner-occupied dwelling.
Ordinance No. 95-3699
Page 20
10.
f. Commercial uses which are appropriate in scale and compatible with nearby
residential development. Commercial uses are not permitted in Sensitive Areas
Development Plans for properties less than two (2) acres in size.
Dimensional Requirements: To encourage more compact development and allow the
transfer of dwelling unit density from environmentally sensitive areas of a property to
non-environmentally sensitive areas of a property, the dimensional requirements of the
underlying zone may be waived.
a. Minimum lot area, lot width, lot frontage and yards may be reduced provided
that sufficient yards are incorporated for each dwelling unit. For example, sin-
gle-family homes can be located on lots of approximately 4,000 square feet
and still contain front and rear yards of 20 feet and side yards of 5-10 feet.
For townhouses and zero lot line developments, yards may be reduced to
approximately 10 feet and still provide for a landscape transition between
street rights-of-way and adjacent dwellings. To provide for a livable environ-
ment, development on small lots will require careful architectural design and
careful placement of garages and automobile parking areas. The use of alleys
for vehicular access to small lot developments is therefore encouraged.
b. The maximum building height and building coverage may be waived provided
that the design of the development results in sufficient light and air circulation
for each building. For example, an increase in height from 35 feet (3 stories)
to 45 feet (4 stories) may be appropriate provided that taller buildings are set
back from adjacent buildings to allow each dwelling unit adequate light expo-
sure.
Dwelling Unit Density: The overall dwelling unit density, based on total land area
minus public and private street right-of-way area (excluding alleys) in the Sensitive
Areas Development Plan, shall not exceed the maximum density permitted in the
underlying zone.
Sensitive Open Space Designation: sensitive areas and their required buffers are
encouraged to be incorporated into the design of the development as public open space
dedicated to the City, or private open space held in common by a homeowners'
association. Where sensitive features and/or their required buffers are incorporated
into individual lots, they shall be included within a sensitive area conservation ease-
ment.
Where commercial developments are proposed, they should be of a scale suited to
serve the residents of the immediate development and adjacent neighborhoods.
a. Commercial buildings should be located adjacent to the street with parking
spaces located behind the building and screened with landscaping from adja-
cent residential structures.
b. Dwelling units are encouraged above the first floor of buildings containing
commercial space.
c. Commercial development should be designed to serve as a focal point of the
overall development and is encouraged to incorporate open spaces such as
town squares.
Ordinance No. 95-3699
Page 21
11.
Commercial development should be designed so that the material, massing and
architectural style is compatible with the adjacent residential development.
Nmghborhood scale commercial with
dwelling umts located on second floor and
parking located behind the building
Additional Considerations: Due to the concentration of dwelling units and the juxta-
position of different lend uses that can be achieved by incorporating the above provi-
sions into the design of a Sensitive Areas Development Plan, adherence to the follow-
ing design considerations is encouraged to assure that the resulting development is
attractive and provides for a transition between public streets and private residences.
a. Where narrower lots are proposed, garages should be located so that they do
not dominate the streetscape, as illustrated below.
Where reduced front yards are proposed, the use of porches is encouraged to
provide a transition between the street and the dwelling unit.
Where a variety of housing types, such as single family, duplex and multi-
family buildings, are mixed within a development, similar architectural schemes,
scale, messing and materials should be used to help assure that the various
building types are compatible. The use of traditional Iowa City architectural
styles, such as prairie, craftsman, vernacular farm house and Victorian designs
are encouraged.
Ordinance No. 95-3699
Page 22
Reduced front yard
Porches provide transition between the
street and the dwelhng
O. Appeal.
1. The Board of Adjustment may grant a special exception to the provisions of the
Sensitive Areas Ordinance if the applicant is able to demonstrate that:
a. Application of a particular Sensitive Areas Ordinance regulation would deny
reasonable, beneficial use of the property;
b. Any alterations permitted to sensitive areas are to be the minimum necessarv
to allow for reasonable, beneficial use of the property with the least impact on
the sensitive areas; and
c. The proposed development does not pose an unreasonable threat to the public
health, safety or welfare on or off the development proposal site.
2. The Board may impose conditions to limit the impact of any authorized alteration of a
sensitive area under this section, including requiring mitigation under a mitigation plan
approved by the City.
P. Performance Guarantee. Compliance with the performance guarantee provisions of City Code
Section 14-5H-10, the Site Plan Review section entitled, "Performance Guarantee," may be
required to ensure completion of conservation measures, including plantings and other mitiga-
tion or maintenance efforts, as stipulated in the Sensitive Areas Ordinance.
Q. Enforcement. The Sensitive Areas Ordinance regulations will be enforced under the provisions
of Section 14-6U-7, entitled "Violations and Penalties."
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 5~h day of
,19 95 ·
Ordinance No. 95-3699
Page 23
It was moved by ?i~ott and seconded by
as road be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
A Baker
x Horowitz
x Kubby
x Lehman
--x---- Novtck
x Pigott
x Throgmorton
that the Ordinance
First Consideration Lt / 7
Vote for passage: AYES: Kubby, Lehman, NovicE, Pigott, Throgmorton,
Baker, Horowitz.
Second Consideration 11/21/95
Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker, Horowitz,
Kubby, Lehman. NAYS: None. ABSENT: None.
Date published 12 / 13 / 9 5
ORDINANCE NO. 95-3699 /
~RDINANCE AIViENDING THE ZONING C.H. APTER BY INCORPORATING A NEW SECTION 1/z~'-6K-1,
~I~ED "SENSITIVE AREAS ORDINANCE, TO REGULATE DEVELOPMENT IN ENVlRONM/ENTALLY
;ITI~E AREAS IN IOWA CITY, IOWA. / ..
WH REA ~ursuant to a City Council directire to develop an ordinance which permits/the reasonable
use of pn es,containing sensitive features while protecting such resources fror~/destruction, the
Sensitive ,ommittee has generated the Sensitive Areas Ordinance; and /
WHEREAS, the ive Areas Ordinance will implement the environmental 9(~licies set forth in the
Iowa Citv
WHEREAS, the
damage due to flooding,
reduced quality of life; and
WHEREAS, the Sensitive
mentally sensitive features, includin
soils, prairie remnants, and archaeolc
WHEREAS, the Sensitive Areas
minimizes disturbance of environmentall,
and
Ordinance is intended to protect the pu.b i~/c from injury and property
m and other natural hazards as well a~/~ loss of natural heritage and
ulate developmen/on properhas containing environ-
stream corridor.~. wooded areas, hydric
~1 sites; and / steep slopes,
will foster design that preserves open space and
sitire and natural resources; and
WHEREAS, the Sensitive Areas Ordinance is
properties which contain environmentally
the importance of environmental resources anc
to permit and define the reasonable use of
features and natural resources while recognizing
such resources from destruction; and
WHEREAS, the Planning and Zoning Com and
have reviewed the Sensitive Areas Ord[ and have
intents and purposes stated above.
Riverfront and Natural Areas Commission
commended its adoption to carry out the
BY THE CITY
NOW, THEREFORE, BE IT
THAT:
SECTION I. APPROVAL.
A. Chapter 6, entitled "2 Chapter," Article K, entitled
is hereby repealed entirety, and in lieu thereof, Article
is enacted, with following sections listed below created
', and 14-6K-2: "Flood Plain
F THE CITY OF IOWA CITY, IOWA,
Plain Management Ordinance,"
"Environmental Regulations",
titled as follows: 14-6K-1:
ent Ordinance".
B. Section, s 1-1 the repealed Article K, previously entitled .... ,Plain Management Ordi-
nance, are/~ 'V renumbered and transferred as lettered subparag~'e,?.hs A - J of the newly
created ~ction 14-6K-2, titled as "Flood Plain Management Or,d. inance~, following the newly
create~V'section 14-6K-1, entitled "Sensitive Areas Ordinance,' which ~hereby enacted as
foll.~s: ~
14.6K-1/ SENSITIVE AREAS ORDINANCE ~
A. Purpose: The purpose of the Sensitive Areas Ordinance is to: ,. ~
1. Implement the environmental policies of the Comprehensive Plam . . ~
2. Permit and define the reasonable use of properties which c~ntair~environ,'~entally
sensitive features and natural resources while recognizing the.importance of c~xviron-
mental resources and protecting such resources from destr.uctio.n. .. ~..
3. Provide for ecologically sound transitions between protected env'ronmen~ tally sens~,~e
areas and urban development.
ORDINANCE NO. /
/
AN ORDINANCE AMENDING THE ZONING CHAPTER BY INCORPORATING.."A NEW SECTION 14-6K-1,
ENTITLED "SENSITIVE AREAS ORDINANCE," TO REGULATE DEVELOPMENT IN ENVIRONMENTALLY
SENSITIVE IN IOWA CITY, IOWA. /
~ a City Council directire to develop an ordina?/ce which permits the reasonable
use of properties ling sensitive features while protecting such resources from destruction, the
Sensitive Areas has generated the Sensitive Areas Or.(~inance; and
WHEREAS, the Ordinance will implement the/environmental policies set forth in the
Iowa City and
WHEREAS, the Sensitive Areas
damage due to flooding, erosion
reduced quality of life; and
WHEREAS, the Sensitive
mentally sensitive features, including
soils, prairie remnants, and archaeolo
WHEREAS, the Sensitive Areas Ordinance
minimizes disturbance of environmentally set
WHEREAS, the Sensitive Areas Ordinance/is
properties which contain environmentall,~
the importance of environmental resources and
linance is intended to ~rotect the public from injury and property
~ther natural hazards as well as a loss of natural heritage and
will regulate development on properties containing environ-
str6~am corridors, steep slopes, wooded areas, hydric
;ites;
/
II"foster urban design that preserves open space and
:ive features and natural resources; and
ned to permit and define the reasonable use of
features and natural resources while recognizing
cting such resources from destruction; and
WHEREAS, the Planning and Zoning .
have reviewed the Sensitive Areas Ordinance and
intents and purposes stated above./'
Riverfront and Natural Areas Commission
recommended its adoption to carry out the
NOW, THEREFORE, BE
THAT:
SECTION I. APPROVAL.
A. Chapter 6, entitled
is hereby repealed
is enacted, w~th tt
"Sensitive Areas
B. Sections
nance," are her
created Sactie
created secti
follows:
BY THE C
IL OF THE CITY OF IOWA CITY, IOWA,
I Chapter," Article K.
entirety, and in lieu thereof,
~g sections listed below
dinance", and 14-6K-2: "Flood Plain ~
repealed Article K, previously
renumbered and transferred as lettered
titled as "Flood Plain Manage
14-6K-1, entitled
Plain Management Ordinance,"
K "Environmental Regulations",
and titled as follows: 14-6K-1:
eraant Ordinance".
Flood Plain Management Ordi-
,aregraphs A - J of the newly
nance", following the newly
"Sensitive Areas Ordinance is hereby enacted as
14-6K- 1:
SENSITIVE AREAS ORDINANCE
Purpose:
1.
2.
purpose of the Sensitive Areas Ordinance is to:
)lament the enwronmental policies of the Comprehensive Plan.
:rmit and define the reasonable use of properties which ,~nvironmentally
~ensitive features and natural resources while recognizing the of environ-
mental resources and protecting such resources from destruction. ,
Provide for ecologically sound transitions between protected environmentally sensitive
areas and urban development.
Ordinance No.
Page 2
Definitions: The
Sensitive
ARCHAEOLOGICAL
significance that
National Register of
BUFFER: An area
a transition area that
wildlife habitat and protected
BUFFER, NATURAL: A land ar~
ment activity such as building,
herein.
Protect the public from injury and property damage due to flooding, erosion, and other
natural hazards which can be exacerbated by development of environmentally sensitive
land.
Foster rban design that preserves open space and minimizes disturbance of environ-
sensitive features and natural resources. \
Provide mitigation of disturbances of environm~,entally sensitive features and
natural through requiring and implementing n~itigation plans, as needed.
Ilowing definitions apply to the mterpre}~tion and enforcement of the
ance regulations: /
'E, SIGNIFICANT: An archaeological site of prehistoric or historic
lined by the State Historic Preser~,ation Officer to be eligible for the
: Places.
/
is located adjacent to a c~esignated sensitive area and provides
slope stability, attenuates surface water flows and preserves
stream corrid~)rs and woodlands.
/
ocated adjacent t~/a protected sensitive area where develop-
~ding, or clearir}g are prohibited unless otherwise exempt
COMPENSATORY MITIGATION:
existing wetland in exchange for
wetland.
wetland or enhancing or expanding an
~ment activities to occur w~thin an existing
CONSTRUCTION AREA: The portion of ~ eel of land where development activity and other
improvements may take place and be
DEVELOPMENT ACTIVITY: Any human
including, but not limited to the placem
tures, mining, dredging, filling, )eying,
t~on activities. "Development does
:hange to improved or unimproved real estate,
nufactured housing, buildings or other struc-
' ,n or drilling operations and construe-
transfer of ownership.
DIAMETER, TREE TRUNK: The dia~ ,~ter of atree
if on a slope, measured from the side of the sic
trunks, the dinmeter shall be the um of the diameter
measured at 4 1/2feet above ground;
In the case of a troo with multiple
f the trunks.
DIRECT DISCHARGE: The dis of untreated vater into a wetland from a devel-
oped or developing property,. h the use of an under )und p~pe, culvert, drainage tile,
ditch, swale, channe, or ot/~r means. ~
FLOOD EVENT 100 YEA~: A flood, the magnitude of which h86,,a one percent (1%) chance
of being equaled or exc~ded in any given year, or which on the'~verage will be equaled or
exceeded at least one,very one hundred (100) years. ~
FLOOD PLAIN: Any I,~nd area susceptible to being inundated by water as,s result of a specihc
frequency flood. For/instance, the 100-year flood plain is the area of land susceptible to being
inundated by a 10/~/year flood event.
FLOODWAY Th~ channel of e river or stream and those portions of the flood plains adjoining
the channe whi~ are reasonably required to carry and discharge flood waters so that confine-
ment off cod w/~te, r.s_to~ _t_h ~e f_l~odway area will not result in substantially higher flood elovation.
Where floodway data has been provided in the Flood insurance Study, such data shall be used
to define the floodway limits.
Ordinance No.
Page 3
FULLY HYDRIC SOILS: Soils susceptible to water saturation, which ar designated as fully
hydric soils by the USDA Soil Conservation Service as of December 19 3.
GRADING:~ Any excavating or filling or a combination thereof, includi compaction.
GROVE
inches,
passed
'REES: Ten or more individual trees having a
/hose combined canopies cover at least fifty (50)
of at least twelve (12)
of the area encore-
PRAIRIE
untilled portions
interspersed with
Iowa City
Prairie areas that have remained relativel
)roperties and contain primarily a mixture
ve flowering plants. Known extant prai~
;as Inventory Map - Phase I.
untouched on undeveloped,
native warm season grasses
remnants are identified on the
PREHISTORY: Relatir or existing in times antedating
1700 AD in iowa City).
history (prior to approximately
SENSITIVE AREAS CONSEI
and associated buffers within
separately from buildable lots
conservation organization, or
TRACT: A sepa~
anned developments,
an incorporated
to the
tract which protects sensitive areas
Jbdivisions and building site plans; held
,meowners' association or a nonprofit
SENSITIVE AREAS
conjunction with a Sensitive
areas and associated buffers within
A pl
required to be submitted and approved in
~g that designates protected sensitive
~ment.
SENSITIVE AREAS INVENTORY MAP -
designations of potential environmental
floodplains, steep slopes, hydric soils, pr~
logical features.
SENSITIVE AREAS OVERLAY (OSA) Z
that requires the approval of a Sensit
sensitive areas and their ~uffers on
~ h The map of the Iowa City service area with
ensitive areas, such as woodlands, wetlands,
remnants and geological, historical and archaeo-
tuned development rezoning of a tract of land
)ment Plan, which designates protected
tract.
SENSITIVE AREAS,
sensitive features that are desi
Areas Development Plan and
SENSITIVE AREAS SETBACI<
plan that establishes the
streams, steep slopes, an(
SENSITIVE AREAS SITE
require a Sensitive ArE
on sa~d tract.
SLOPE:
of at least
Portions of a of land containing environmentally
on an iensitive Areas Site Plan or a Sensitive
no development 'vity is allowed.
INE: A line delineated on a~roposed development plan or site
line around protected sd0~sitive areas, such as wetlands,
and their required buffers.
.AN: A site plan for development on\~, tract of land that does not
Overlay (OSA) rezoning and is not exempt, but which contains
protection under an approved plan for~rotecting sensitive areas
\
round surface, either naturally occurring or altered, with a vertical rise
and which is not otherwise approved by the City.
SLOPE
A slope of twenty-five (25) percent, but less than forty (40) percent.
SLOPE, PERCENT OF: The slope of a designated area determined by dividing the horizontal run
of the slope into the vertmal rise of the same slope and converting the resulting figure into a
percentage value.
Ordinance No.
Page 4
SLOPE,
SLOPE, STEEP:
STREAM CORRID~
current U.S.
cases where no fiDO(
foot wide stream
CTED: Any slope of forty {40) percent or steeper. ,
slope of eighteen {18) percent, but less than twen~.f'ive {25) percent.
A river, stream or drainageway shown in blue ((he blue line) on the most
Survey Quadrangle Maps, and the area of i'~s delineated floodway, In
is delineated, the blue line will serve as the centerline within a 30-
TREE, FOREST: Any
forest trees approved
two (2) inches in diameter or grapher, and included on the list of
City.
WETLAND, WETLAND AR
ground water at a frequency
stances do support, a
conditions. Wetlands
purposes of this ordinance,
U.S. Army Corps of Engineers
manual.
WETLAND SPECIALIST: An
Wetland Scientists, and/or a person
in wetland areas which may include del
S: Those areas that are ipundated or saturated by surface or
Jfficient to SUpport, and that under normal circum-
of vegetation typically adapted for life in saturated soil
include swamps, marshes, bogs, and similar areas. For the
~d shall mean a j~risdictionai wetland as delineated by the
spec[~hst, based on the current federal delineation
/'
as a wetland specialist by the Society of
lemonstrata to the City that they have expertise
mitigation and evaluation.
WOODED AREAS: Includes woodlands /or groves of trees, as defined in this section.
WOODLAND, WOODLAND AREA: - /
than two acres and containing not than ~0 forest trees per acre·
WOODLAND CLEARING: The ~s/ ction or re~val of trees within woodlands subject to
Section by physical, mechanic /c 3mical or oth'~r means, such that the clearing results
total opening in the woodland 3n~ ~y of 20.000 ~uare feet or more.
Applicability:
1. Sensitive Areas Ove (OSA) Zone
of land with a contiguous wooded area not less
this
in a
a. A Sensitive/Areas Overlay {OSA) ,ning is required prior to development
activity oCproperties containing a~ ~,~of the following sensitive features:
1 ) V~etlands,
2) ,/Woodlands two acres in size or gr~[~ er, where other sensitive features
exist on the site, o
3) /~Xritical slopes (25-39 Yo), or
4) / Protected slopes (40% +)
as/defined in the Definintions Section herein ~,nd as delineated on the maps
r~ferenced in subsection 14-6K-C3 of t 3is ordin~ce and/or verified as existing
~n the site.
b. /A Sensitive Areas Overlay rezoning requires a Sensitive Areas Development
/ Plan that delineates protected sensitive areas and\ ~sociated buffers in the
/ manner of a planned development, which Plan shall b submitted and approved
/ as part of the retorting. ,
c./ Review and approval of a Sensitive Areas Planned ,Iopment shall be by
/ ordinance in accordance w~th the Planned Develo[ ousing Overlay Zone
/ {OPDH) procedures and regulations. as specified in ion 14-6J-2D of this
/ Chapter._
Sensitive Areas Site Plan
a. A property containing one or more of the following sensitive which
does not require a Sensitive Areas Development Plan, shall Jire a Sensitive
Areas Site Plan prior to development activity:
Ordinance No.
Page 5
1) Fully hydric soils
2) Prairie remnants one acre in area or larger
3) Stream corridors
4) Archaeological sites
5) Steep slopes (18-24%)
Woodlands two acres in size or greater, whe~ no other sensitive fea-
tures exist on the site
defined m the Defimt~ons Section herein and ~s dehneated on the maps
~enced in subsection 14-6K-1 C3 of this ordin~hce and/or verified as exist-
in O~the site.
b. R, :or, ling requirement. An approved Sensitiv~ Areas Site Plan that contains
a 'ote~ted sensitive area and/or buffer. or ha~/a designat? conservation ease-
ment. s~,all be recorded in the Johnson Cou}~y Recorder s Office prior to issu-
ance of a'~,' certificate of occupancy for t~ property. The recording is intend-
ed to prov~ ~e notice to subsequent prop/efty owners that environmental limita-
tions apply subject property.
c. The procad[ for review and appr, of a Sensitive Areas Site Plan shall be
with the Site Plan regulations, as specified in subsec-
tions and 14-5H-6 h 14-5H-8 of Chapter 5, "Building and
Housing".
3. Sensitive Features
a. Sensitive featur~ the Sensitive Areas Ordinance include:
1) Jurisdictic as delineated by the U.S. Army Corps of Engi-
neers.
2) Floodways d Inated on either the current Federal Emergency Man-
agement Ag, ~ flood boundary and floodway maps for Iowa City end
Johnson C or the Iowa City (1 inch = 100 foot scale) flood
boundary maps.
3) Drainag~ wn in blue on the current U.S. Geological Survey
Quadra~ le
4) Slope greater.
§) ~reas ~cres in size or greater.
6) as desi led in the USDA Soil Conservation Service Sqi!
St Johnson Co~ Iowa.
7) remnants as on the Iowa City Sensitive Areas Inventory
- Phase I, as
8) ~gical sites as d6 ~rmined by the State Historic Preservation
Officer or the State list.
b. Prio~ woodland clearing, grading development activity on tracts of land
or ions of tracts of land whore nsitive features specified above exist,
er r a Sensitive Areas Site Plan or a Areas Overlay rezoning applica-
whichever is appropriate, shall bruitted to and approved by the
This application process u~,,u.\as pert of site plan review, planned
pine it overlay zoning and/or subdN~sion review. If the property is ex-
empt, the applicant shall first apply for and~btain a certificate of exemption
from the City before development activity oc~r.s.
D. Examprior The following activities are exempt from the reqd~ements of this Section:
1. Er gency/public safety. Grading, clearing, rem~va!.,o~other activities required for
: emergency situations involving immediate danger to life, ~ealth and safety, or which
create an immediate threat to person or property or create'~ubstantial fire hazards.
2. Normal maintenance/expansion of existing single-family or d0~lex residences. Exterior
remodeling, reconstruction or replacement of single-family ~ duplex residences m
existence as of December 13, 1995, provided the new constru ionrelated activity
Ordinance No.
Page 6
connected with an existing single-family or duplex
footprint of the structure lying within the sensitive a~
of 1000 square feet, and also provided there is
including grading, into a jurisdictional wetland, a
tion tract and/or protected sensitive ares.
Construction of new single-family or duplex
lent actiwties not to exceed a msximum to
~nd for the purpose of construction,
ne (1) s~ngle- family or duplex resider
into a jurisdictional wetland
)rotacted sensitive area.
Draina d~tches/groundwater manit
existing dinage and storm water
includes maintenance
acent to drain~
placement of fill
wells
within and
or water bad'
Groundwater
are exempt.
Woodland
standards as
merit act
farming operations,
tree nurseries, durin~
exempt.
shall not increase the
more than a maximum total
encroachment by said activities,
hated sensitive areas conserve-
Grading, clearin9 or develop-
20,000 square feet in area on a tract
g and/or associated improvements
~rovided there is no encroachment by said
nated sensitive areas conservstion tract
~g wells. Normsl and routine maintensnce of
eraant facihties are exempt. This exemption
sccess and storm water/flood control purposes
Except for temporary storage outside a wetland
spads is not exempt under this subsection.
constructed to standards approved by the City,
Practices associated with timber management
International Society of Arboriculture, or existing tree
Christmas tree farming. fruit or nut tree production and
as the land is used for tree farming operations are
Uses Permitted W~thin
Where it can be shown that
or associated buffers, or
subject to City approval dL
1. Parkland, private
~sitive Areas and Buffers.
not be detrimental to the functioning of sensitive areas
a safety hazard, the following uses are permissible,
process set out herein:
space, trails that provide opportumties for environmental
Submittal
contains th
the land m~
and is
Plan and
or if re(
applica
1.
interpretation an~
habitat, water
buffers.
Stream cross~
which is
stream and
Essential
designed
and
measur
are desig
ality and the
features that protect areas of wildlife
amenities in protected sensitive areas and
s, such as bridg, ~nd culverts, and/or streambank stabilization
ned to minimize the an of the flood carrying capacity of the
in compliance with and state regulations.
utiht~es such as storm and sewers, water mains, gas, tele-
xwar lines, and storm water ~on facilities are permitted if they are
constructed to minimize their upon the protected sensitive areas
~ated buffers. The design and constru, on of utilities should also include
to protect against erosion, pollution abitat disturbance, and result in
mimm~ amounts of excavation and filling. U[ darien of the installation of the
public or line, the sensitive protected areas ~ associated buffers will be
resto Jirements: Prior to development activity defined h.~.~n where a t.~act of land
sensitive features listed in Section 14-6K-1C, enbtlod '~,pplicability, and where
;t be developed in accordance w~th the provisions of the Se'q,sitive Areas Ordinance
!rw~se exempt, the Owner shall submit six copies (6) of ~,Sensitive Areas Site
~lication for ~ts approval to the Department of Housing end. 't~spection Services,
shall submit ten (10) copies of a Sensitive Areas Developi~t Plan and an
for a Sensitive Areas Overlay fezorang to the City Clerk.
.~ensit~ve Areas Site Plan: Submittal informebon for a Sensitive Areas Site Plan shall
include:
a. Submittal information required for a site plan review as specified in Sections
14-SH-4A and 14-SH-4B, the submittal requirements listed for Section 1 4-5H,
entitled "Site Plan Review."
b. Delineation of sensitive areas located on the property, including:
Ordinance No.
Page 7
1) Areas of fully hydric soils.
2) Prairie remnant areas.
Stream corridors.
Steep slopes.
Woodland Areas
~lineation of buffer areas and/or sensitive area
N in an accompanying letter whether a
~rty, but do not designate the exact location
I information as may be reasonably
conse vr/~at on easements.
site(s) exist on the
by the City.
2. Sensiti
opment Plan
a. All the
b. Su[
ment
c. Delineation
1)
2) Critical
3) Pro1
d. Delineation
areas located
e. Other data and
3. The City may waive
of a specific development
Wetlands:
1. Purpose: The purpose of regula
a. Preserve the unique an(
stormwater is naturally
ing water quality, rechar
and lessening the
b. Promote the preservati
other wildlife.
c. Minimize the
d. Provide a greater
beyond that provi
e. Minimizo the ~o~
wetlands.
Wetland Regulation
ment Plan or a
tion to the applican
agencies, and doe~
applicable local
Wetland Re
a. Wetlain
1)
)evelopment Plan: Submittal informati(
include:
'mation required for a Sensitive
)rmation required by Section
Overlay Zone (OPDH)," and
following sensitive are
areas.
;lopes.
~rs and/or sensi1
property.
lation as m
ttal requir~
a Sensitive Areas Devel-
Site Plan, and
entitled "Planned Develop-
located on the property:
area conservation tracts for sensitive
reasonably be required by the City.
~nsidered unnecessary for the review
~ment in and around wetlands is to:
~luable attributes of wetlands as areas where
ned, thereby controlling the rate of runoff, improv-
roundwater resources, providing erosion control
~oding.
for plants, fish, reptiles, amphibians and/or
develo 9nt activity on wetland areas.
[ree of for many wetland areas above and
by the and state government.
term environm~ :al impact associated with the loss of
)that Agencies: The
Areas Site Plan
; need to obtain
not alter the applicant's obli
te or federal regulations and
of a Sensitive Areas Develop-
provisions of this Article is ~n addi-
ired by other local, state, or federal
m to satisfy and obtain all other
nits.
;lineation:
to any development activity 'ring on a site containing a
potential wetland as defined above or the Sensitive Areas
inventory Map - Phase I, the property ownS[,shall provide a delineation
of the wetland area(s) accepted by the U,~.~,rmy Corps of Engineers
prior to the submittal to the City of a Sensitive ~reas Development Plan
or a Sensitive Areas Site Plan, for City review. ~
If the property owner certifies that no developm~ activity will occur
within 1,50 feet of the apparent edge of a suspected or potential
wetland area(s) on the site, the requirement for 'delineation by a
wetland specialist or the Corps may be waived by the City. In the case
of a waiver, the property owner shall grant an easement running in
favor of the City, an approved conservation group or other organization
Ordinance No.
Page 8
for the purpose of retaining the wetland
protection area as undeveloped natural o
then be allowed to follow the
Plan as set forth in this Article,
sensitive feature triggering a
Wetland Buffer Requirements: A 1OO foot
lined between any development
Sensitive Areas Ordinance, unless
Section 14-6K-1D, The require,
ct shall be measured from the
yard/setback and shall apply
the surrounding 150 foot
space, and the owner shall
for a Sensitive Areas Site
the wetland was the only
area development plan.
natural buffer shell be
and a wetland{s) as defined in
development activity is exempted
erds established for the base zoning
er, and shall be in addition to the
g lots as well. [For example, the
parking
reduce
1!
2)
3)
a)
b)
requires a 20-foot rear ya
;le edge of the required
could be located with
sired natural bufh
natural
~onstrated by a
less
oes not
c)
renc(
d) Is not I
rive Ar
The required
be demonstr
a) $ati
b} Dc
throu
c) a
d) not
)r regional
Buffe i~ng may be
is deemed necessar
to c ~area of a wetl~
the width of the
may be reduced by
buffer must be equal
lired buffer.
setback, which would be measured from
foot buffer. As a result, no building or
120 feet of the wetland.] The City may
based on the following criteria:
may be reduced by up to 50 feet if it can
specialist that the wetland:
in area; and
species listed by the federal and/or state
endangered or threatened, or critical or out-
~l habitat for those species; and
diverse plant associations of infrequent occur-
f regional significance; and
:ated within a stream corridor as defined in the Sensi-
Ordinance.
d buffer may be reduced by up to 75 feet if it can
a wetland specialist that the wetland:
listed in subsoction 1 above; and
of average precipitation, contain standing
: the calendar year; and
wetland; end
known habitat for migratory birds of local
1ce.
~rmitted or required where an increased
to provide additional protection
or environmental reasons. In this
buffer around other areas of the
50 percent, but the area of the
reater than the total area of the
L
In determining whether to reduce or not to reduce
the City shall consider the following:
The proposed land use of the property and its
on the '.vetland.
We~and
uired buffer,
ntial impact
Ordinance No.
Page 9
b) The design and layout of the proposed development in relation
to the wetland.
c) The physical characteristics of the site and the wetland.
d) Any other factor related to the short or long term environmen-
tal stability and health of the wetland.,,'
c. Design Standards: /
1) No grading, dredging, clearing, fdhng, draining, or other development
activity shall occur within a delineated wet/t~nd or required buffer area
unless said activity is part of a mihgati0n plan as approved under
subsection 14-6K- 1G4. /
2) For property not served by a municipal s/~nitary sewer system, the loca-
tion of septic tanks, soil absorption )~vstems, holding tanks, or any
other element of an on-site sewage/d~sposal system must meet the
required yard specified in the regulations of the base zoning district. as
measured from the buffer edge. /
To mitigate negative impacts of d~velopment and limit sedimentation,
he direct d~scharge of untreate~ surface water from a development
or a developed area into a ~etland may be prohibited. The partial
tment of storm water runoff through the use or combined use of
cor ~"~ucted wetlands, deten}~'on basins, vegetative filter strips, sedi-
me~t~aps or other means/before the storm water runoff reaches a
we lane will be considered as part of a mitigation plan as provided in
Section h6K-1G4. In sq(ch case, the discharge should not increase
the rate
it can be
flow will
4) On any lot
required
of a mitigation
Areas C
occurring on the
The planting of
varieties, in
low or decrease the water quality of the wetland, unless
rn by a w~)tland specialist that an increase in the rate of
ce rathe?than adversely impact the wetland.
ining/a wetland, erosion control measures, whether
pt~r 14-51, entitled "Grading Ordinance," or as part
~roved under the provisions of the Sensitive
be ~nstailed prior to any development activity
species
r invasive species, including intruswe native
dfer areas shall be prohibited. Only non-
be used to supplement existing vegeta-
tion.
6) The removal or
varieties, a wetland
approved ~ part of a
1G4.
7) Where
including intrusive native
uffer area may be permitted when
as provided under Section 14-6K-
buffel
enh~
Wetland Mitigatio~
for property
include e miti
Wetland Regula
the impact of
gated before,
a. In a(
determined that the
tla natural protection
nce, enhanced vegetative
to help filter and slow
etahon shall consist of spe
to wetland areas.
A Sensitive Areas Development Plan
ling a wetland as defined in the
showing that all reg
will be met. Avoiding a delineated wetl~
~ wetland is strongly encour~
mnsatory mitigation will be considered.
to the submittal requirements contained in
occupied by the required buffer
wetland due to prewous land
shall be provided within tho
of surface water. The
are known to be non-
Sensitive Areas Site Plan
Areas Ordinance shall
in Section 14-6K-1G3,
area and minimizing
and shall be investi-
wetland mitigation plan shall include the following
1 ) The type and location of erosion control measures to
propertv pnor to any other development activity
tion 14-6K-IF. a
31aced on the
on the s~te.
Ordinance No.
Page 10
2)
3)
4)
Gem
that
within a
following
Corps:
The boundaries of the delineated wetland and
buffer area.
Certification by a wetland specialist or the U.S.
neers regarding the wetland delineation, if requ
Information regarding the characteristics of
determine the allowable buffer reduction as
1G3b, if a reduction is requested.
A storm water management plan indicati~
Section 14-3G, entitled "Storm Water C~
off," and Section 14-6K-1G3c3 will be
equired natural
Corps of Engi-
wetland necessary to
d in Section 14-6K-
that the requirements of
Discharge and Run-
~satory mitigation may be permitted o: if it is clearly demonstrated
ting and minimizing the impact on wetland is unreasonable. A
any development activiW within wetland area is required by the
of Engineers. If e permit ;]ranted for development activity
compensatory mitigat shall be required based on the
ia, unless a greater compensation is required by the
1)
2)
as endan.
nat~
diverse
rance, and
Sensitive Areas
tected, "no
considered only if
to the overall wetlan
not have an adverse
mitigation is l
required re[
lost shall be at least
The replacement
shall be at least
Section 1
a) Standing
containing species li.,
red or threaterie(
;i bV the federal or state government
or containing critical or outstanding
spa( wetlands containing the presence of
rant occurrence or of regional imp0r-
locate stream corridors as defined in the
;action 14-6K-1) shall be considered pro-
areas. Compensatory mitigation will be
land disturbance is relatively small in relation
I if it can be shown that the disturbance will
tact on the overall wetland. I! compensatory
~ wetland meeting these characteristics, the
of comparable habitat replaced to habitat
.\
of coWparable habitat replaced to habitat lost
for wetlands not meeting the criteria listed in
bl, but containing:
throughout the calendar Veer under average
b) Foreste wetlands, and/or '
c) Wetlan ~ providing e known, habitat for migratorv birds of
regior or local significance. ,.,
3) Compensato~ mtigaton for all other wetlands regulated under the
Sensitive Ar Ordinance shall be at a ~atio of at least 1:1. If sa~d
wetland an~ the replacement habitat iS enhanced to meet one or
more of th criteria listed in Sections 14-6'K-1G4bl or 1 4-6K-1G4b2
above equired replacement ratio may be, reduced to 0.5:1.
Where corn ~]ation is proposed, the mitigation plan specified in by
Section 14-6K-1 4a must be prepared by a wetland SlJecialist. A compensa-
tory mitigation lan must include the following components:
1) ~sment of the value of the wetland being re~laced to determine
the ap )date replacement ratio;
2) A cle~ statement of the goals of the mitigation plan;including specific
regarding the expected rate of establishmer-t of a vegeta-
tive over specified periods of time;
3) Analysis of the soils, substrate and hydrology of the proposed site of
the constructed or expanded wetland in terms of their suitability to
provide a proper growing medium for the proposed vegetation;
4) A list of the plant species to be used, which should include only native,
non-invasive species, and their proposed locations. Transplanting as
Ordinance No.
Page 11
H. Stream
1.
much of the native vegetation from the orii wetland as possible, as
well as the upper six to twelve inches of ~ soil is encouraged; and
5) Provisions for monitoring the condition qe new or enhanced wetland
area for a period of five (,5) years, entification of the party re-
sponsible for replanting in the growth or predation
resulting in a failure of over 30 of the planted stock. Informa-
tion collected during the monitorir ess shall be submitted to the
City annually and include the ]g:
a) Date on plant species div 'sity and the extent of plant cover
established ; and
, b) Wildlife presence; and
~ c) Data on water Nater chemistry, soil conditions and
ground and surface w~ ,r interactions; and
d) Proposed alterations corrective measures to address defi-
ciencies identified in :reared or enhanced wetland, such as
~ a failure to establis a vegetative cover or the presence of
~ invasive or foreign ecies.
Corridors:~
Purpose: The ~,urpose of regulating Je~ in and ~round stream corridors is to:
a. Preserved,he value of stream co~ floodwater conveyance and
storage.
b. Promote filtration of runoff.
c. Reduce stre~['nbank erosion.
d. Protect and enhance ,itat.
Stream Corridor Regulation by O: Agencies: The approval of a Sensitive Areas
Development Plan or a Sensitive, ; Site Plan shall be in addition to the applicant's
need to obtain permits required , other local, state or federal agencies, and does not
alter the applicant's obligation satisfy and obtain all other applicable local. state or
federal regulations and permit
Stream Corridor Regulations Any property located adjacent to the Iowa River or
another stream corridor in ~a C'i,ty will be required to submit e Sensitive Areas Site
Plan, unless said property ualifies for an exemption under Section 14-6K-1D. or is
considered under a Sans Areas Development Plan review required for another
sensitive feature.
Stream Corridor Buffer I uirements:
a. Unless exempt r Section 14-6~-1 D. the following buffer requirements will
be when other sensiti~ve features are located within a stream
corridor, the 3st stringent required'~otective buffer will apply:
1) Alor the Iowa River, a 50-fo'~t natural buffer will be maintained be-
, development activity~\nd the stream corridor which includes
2) A tributaries to the Iowa Rive~hat have a delineated floodway, a
-foot natural buffer will be maintained between any development
tivity and the stream corridor whi(~h includes the floodway. These
ributaries include, but are not limited ~(~ Ralston Creek, Willow Creek,
Clear Creek and Rap~d C~eek.
3) Along tributaries or drainageways that d(~not have a delineated flood-
way, a 15-foot natural buffer will be maintained between any develop-
ment activity and the stream corridor limits.
Ordinance No.
Page 12
SUFFER REQUIREM~JTS IN STRF. AM CORRIDORS
b. The
II
2}
The
a}
b)
c}
buffer
The required nat[
applicant
a) The
is located in
/ the City where
, 1995, tl
b). The portion of
· ' sensitive areas
the required natural buffer based on the following croatia:
Jired natural buffer may be reduced by up to 50 percent if the
demonstrates that the portion of the buffer being reduced:
es.not contain significant existing vegetative cover, such as
ze trees or prairie remnants; and
not contain other sensitive areas subject to the require-
Sensitive Areas Ordinance; and
vegetative cover will be provided in the remaining
a.
~1 buffer may be reduced by up to 100 percent if the
as that:
adjacent to or contains a stream corridor that
area of the Citv {defined as an area of
lots abut the stream as of December 13,
~ date of the Sensitive Areas Ordinance; and
,uffer being reduced does not contain other
,ct to the requirements of the Sensitive
Areas Ordinance;
· c) Requiring the full
/ able use of the
/ d) Enhanced vegetative
/ buffer area, to the
In ~'etermining whether to reduce the
th~ following:
The proposed land use of the
corridor buffer would preclude reason-
and
will be provided in any remaining
)ssible.
,'d buffer, the City shall consider
md its potential impact on the
~ stream corridor;
,/;2) The design and layout of the proposed d~elopment in relation to the
/ stream corridor; ~
/3) The characteristics of the site and the strea.~ corridor; and
/ 4) Any other factor related to the short or long te~,m environmental stabill-
/ ty and health of the stream corridor. ~
Steep Slopes: ~
1. Purpose: The purpose of regulating development on and near st~p slopes is to:
a. Promote safety in the design and construction of developrfi~,nts.
b. Minimize flooding, landslides and mudslides. ~
c. Minimize soil instability, erosion and downstream siltat&on. --
d. Preserve the scenic character of hillside areas, particularly wooded h~llsides.
2. Regulations:
Ordinance No.
Page 13
Buffer req~
of buffer will be
maximum buffer of
sides of the [
other vegetation,
neer
be designed t
Steep Slopes - Any properW containing steep
to submit a Sensitive Areas Site Plan, unless
exemption under Sec~.ion 14-6K-1D. The Se
conform with the design guidelines specified
Critical Slopes - Any property containing c~
required to submit a :~ensitive Areas Devel,
~nless said properW c,ualifies for an exem
nsitive Areas Development Plan must
:ified in Section ~. 4-6K-114, and the
~ments of the Grading Ordinance.
.'d Slopes - Any area desi
and must remain in its exis
pplemented by other plan
A buffer will be requ
/ided for each foot
~ feet. The buffer
No develo
~ allowed withi
he
ards, the
(18-24%) shall be required
property qualifies for an
Areas Site Plan must
Section 14-6K-114.
slopes (25-39%) shall be
)merit Plan and a Grading Plan,
Jnder Section 14-6K-1D. The
with the design guidelines
'ading Plan must conform with the
~a protected slope (40% +) shall not
state, except that natural vegetation
around all protected slopes. Two feet
~rtical rise of the protected slope, up to a
is to be measured from the top, toe and
activity, including removal of trees and
If a geologist or professional engi-
of the City that a development activity can
and buffer requirements may be reduced.
BUFFER REQU
PROTEC~.~ SI. OPE8
~ 140% ~
Des gn Standards: The following guidelines shall be addressed wl~n'~ither a Sensitive Areas
Site Plan or a Sen/ ire Areas Development Plan for property containing'~eep slopes is submit-
ted: a E/very lot or parcel shall have a construction ~r(~a.eq. ual to~.at least 40% of the
minimum lot size required by the zone in wh' h~c it is Iocated.~[For examp e, the
restruction area would be 3,200 square feet for a minimum lot in the RS-5
zone, where a 8,000 square foot lot is required.]
b. Except for driveways and utilities installation, no grading or excavation shall be
allowed outside the construction area.
c. Cut slopes shall be constructed to eliminate sharp angles of intersection with
the existing terrain and shall be rounded and contoured as necessary to blend
Ordinance No.
Page 14
with existing topography to thlmaximum extent possible. The City will not
accept the dedication and ma~intenance of cut and fill slopes, except those
within the required street right-of-way.
d. Street rights-of-way and public utility corridors shall be located so as to mini-
mize cutting and filling. :
e. To maintain the stability of ungraded areas, existing vegetation shall be re-
tained to the maximum ex{ent possible.
Areas
rpose: The purpose of regula,{ing development in and around wooded areas is to:
Reduce damage to wo~)ded areas of the City, particularly wooded wetlands,
steep slopes and strea,(n corridors.
b. Reduce erosion and siltation.
c. Minimize the destruction of wildlife habitat.
d. ~courage subdivisi~)n and site plan design which incorporate groves and
ocliands as ame,~ities within a development.
rove Regulatidns:
a. toparty con{aining a woodland in combination with any other environ-
clearin
for an
b. Any
Sans
Site Plan pn
unless said
c. Site plans,l ~.,
grove of t~'ees
merit of
as the
exempti ,n under
d. If the
100
prote
thro[
assc
Woodland
a. Set
be
owner
the trunks of
of a., b. or c. above
area shall be
h dedication, 8 cc
th
area subject to the requirements of this ordinance will be
a Sensitive Areas Development Plan, prior to woodland
~encing any development activity, unless said property qualifies
,n under Section 14-6K-1D.
containing a woodland, but not otherwise required to have a
Development Plan, will be required to submit a Sensitive Areas
woodland clearing or commencing any development activity,
qualifies for an exemption under Section 14-6K-1D.
~lans and subdivision plats for any property containing a
Jstrate the grove on the plan or plat prior to commence-
activity, and will take measures to protect and retain
practicable, unless sa~d property qualifies for an
4-6K-1D.
that no development activity will occur within
be protected in a woodland, the require-
be waived. The woodland and a 1OO foot
as public or private open space, either
easement, or control by a homeowners'
~tention and Replacement Req eraants
~ Areas Development Sensitive Areas Site Plans required to
Jbmitted under this section shall ineate all existing woodlands and shall
gnate all woodlands that are to be The plans shall substantiate
woodlands are being retained as
~ne Retention Requirement
). RR-1 70%
~S-5, RS-8, RS-12, 50%
2, RM-20, RM-44, RNC-12, RNC-20 20%
ORP 20%
and I 10%
The required woodland area to be retained shall bkdelineated to include a
buffer area by measuring fifty (50) feet outward fr~m the trunks of trees
intended to be preserve.d.. ~
If the City determines that the required woodland area .c~nnot be retained due
to site constraints or infrastructure requirements, replabtement trees will be
planted. One tree shall be planted for every 200 squar~ feet of woodland
removed from the otherwise required retention area. ~
Ordinance No.
Page 15
t
Where it is not feasible to replace trees on-lite, replacement trees may be
planted to supplement reforestation of an oft-site woodland approved by the
City. An off-site woodland shall be either p~blicly owned property or property
subject to a conservation easement. /
Replacement trees must be approved by tt~e City, and to the extent possible,
should be of the same or equivalent spec)~s as the trees being removed.
Replacement trees shall meet the specifibations set forth in Section 14-6R-5,
entitled "General Tree Planting Requi, and shall be secured by a
guarantee for a period o! months.
g. odland and tree protection method
any plan or plat
of activity.
acce I tree protection guideline~
h. When r environmentally sensi
re present in combin~
to ' ' ~s contain
most strin ulations appl
Design Guidelines for
dressed when either a
is submitted:
a. To the extent
Area,,
development activity shall
prior to commencement
methods should comply with generally
be by the City.
lulated by the Sensitive Areas
a woodland, the regulations related
property will be considered, with the
The following guidelines should be ad-
Plan or a Sensitive Areas Development Plan
and/or within
priority when meeting
Street rights-of-way, pul
so as to mimmize their
~nds located on steep and/or critical slopes
plains should be given the highest retention
requirements of section 14-6K-1J3a.
c utility corridors and building sites should be located
~ct on woodlands and groves.
c. Where possible woodl~
designated public or
lion easement, or
Fully Hydric Soils:
1.
a~
roves to be protected should be located within
space, either through dedication, a conserve-
association.
Purpose: Fully hydric soils/,,, indicate th'~, existence of jurisdictional wet-
lands and the probable existence of a high ~ater table. The purpose of regulating
lands that contain fully h~dric sods is to rec~ ~l~ze the constraints imposed on urban
development projects by/potential wetlands ~d/~r high water tables. That is:
a. Wetlands are protracted under state and fe~,eral law, and as such, are consid-
ered no-build ar/eas unless appropriate and approved mitigation measures are
undertaken. / ~
b. High water ta~les on a proporty require special ~,onstruction practices both for
infrastructure'such as streets, and for structurN~,development such as resi-
dences. / ~
Regulations: / ~
a. If fully hyc~ic soils exist on a property where de~elop. r~ent activity is proposed,
the prope/ty owner shall verify whether wetlands exist'~n the site. If wetlands
are delir}beted on the site, compliance with. tl~.e..wetla'~,d.s provisions of the
Sensitiv/~ Areas Ordinance (Section 14-6K-1) will be reqO~ed.
b. More s.~ringent construction safeguards, as specified by thk, City Public Works
Depar~nent, will be required for streets, structures and stormwater manago-
ment/facilities located in hydric soils. Sump pump..di.s.cha.!ge,,~d elevations of
wind/)w openings may also be regulated, as specified by the C~b/,~Public Works
Dep~rtment. ~,
c. Properties containing fully hydric soils, but not otherwise requirin! ~.a Sensitive
Ar~as Development Plan, will require a Sensitive Areas Site Plan ~ ?w.
d. H~dric soils, in and of themselves, will not be deemed sufficient to require a
Sensitive Areas Overlay rezoning.
Design standards: To the extent possible, urban development projects will be designed
so that areas of hydric soils will be treated as an environmental asset; used for storm-
Ordinance No.
Page 1 6
water detention, wetland enhancement or buffers, protective greenbelts along stream
corridors, and neighborhood open space.
emnants:
rpose: The purpose of protecting prairie remr~'ants in Iowa City is to:
Preserve the value of prairie remnants/for holding soil in place, absorbing
pollutants and taking up large amount& of moisture. These functions are
particularly important when prairie ren~/nants are located along streambanks,
~cent to wetlands or on areas of highly erodible soil.
b. rotact and enhance the function of p~i. rie remnants to provide wildlife habitat,
9~.~ogical diversity and environmental education opportunities in an urban
g.
Prairie ,m~ nt Regulations:
a. ,ev )merit of properties contair)mg prairie remnants one acre in size or larger
that ~ot associated with oth~f sensitive features will be designed to retain
the ~um amount of prairieremnant possible, while not precluding reason-
able icial use of the prellarty.
b. Prairie associated yvith other sensitive features, such as stream
Archaeological
1.
corridors
be treated as
extent ~
hborhood
wise requiring a
Areas Site Plan
Prairie remnants,
tire Areas Overla,
ands, steep slo,~)es, woodlands or a stand of significant trees will
~nmental assets, and will be considered no-build areas to the
and used,for buffers, filter strips along waterways, and/or
~ space,
~iria remnants one acre in size or larger, but not other-
Areas Development Plan, will require a Sensitive
[ themselves, will not be sufficient to require a Sensi-
Sites:
Purpose: The purpose of rel;
sites is to: /
a. Help assure that/sites which
community's pro/history and
properly excaval/ed when
b. Allow the State/Historic Preservation
Archaeologist t~he opportunity to
historic sites.
c. Allow for the
develo
or excavati~
d. Provide fol
State Cod,
delays in
discover
Notification:
archaeological
development ~
sion plan to t
The State
the site plat
if the site
State or a
Regulation 3:
a.
)ment of lands which contain archaeological
r~tain important information regarding the
are identified, stud~ed. protected, and/or
fficer and, where appropriate, the State
~t and study important prehistoric and
;idaration of F s~tes in the planning and
3ropetry to minimize dela ; when it is determined that study
of such sites is necessary.
early identification of human urial sites to ensure that the
arding such burial sites is
~ubdivision development and s[
commencement of development.
the Sensitive Areas Inventory Map
located m the quarter
a subdivision is proposed, the City will
State Historic Preservation Officer (State) or the
nd to avoid unnecessary
redesign if such sites are
I indicates that an
s~te plan, planned
ire plan or subdivi-
~ Archaeologist.
' the City if a recorded archaeological site exists within the area of
planned development or subdivision. The State will also notify the City
of such archaeological importance that it requires further study by the
orered archaeologist.
Archaeological Sites - If it is determined by the State that further study of an
archaeological site is necessary, the City may approve a site plan, planned
development or a subdivision, subject to a requirement that the State or a
State-approved archaeologist be allowed to study the site and, if appropriate.
Ordinance No.
Page 17
complete an excavation of the site for the purpose of documenting the signifi-
of the site. The State shall have a period of up to thirty (30) calendar
in which the site is frost-free to study and where appropriate, excavate
site. This requirement shall not prevent/or delay activities which are
under the grading ordinance, site plap review, planned development
sion regulations for portions of the p~operty which do not contain ar-
lical materials. /
~nt may choose to hire an archaeologist approved by the State to
The ~
complete
study
Significant ,~
includes a si
excavated
development or a
cal assessment
State-approved
or excavation plan apprdved by the State. In this way, the
work may be compl,eted m a more hmely manner.
/
Sites - If t~e State determines that the property
prehistoric or historic site which cannot be studied and
thirty (30) calendar day period, the site plan, planned
~bdivision plan r ~proved subject to an archaeologi-
which specit a period of time in which the State or a
document and/or excavate a site.
If the site is
should not be disturbed
planned development or
private or public open spa
such state or national significance that it
should be made to design the site plan,
plan to allow retention of the site as
c. Burial Grounds - When
chaeologist shall detern
or not the human
date
property containing
grounds shall be
Discovery of Unrecorded
burial
gical
contains a human burial ground, the State Ar-
;ignificance of the burial ground and whether
be disinterred. If the State Archaeologist
; should not be disturbed, the portion of the
~lus a 20-foot buffer around the burial
private or public open space.
If, during the course of grading or
construction, prehistoric historic objet~s or human remains are encountered,
the State shall be notif~d. The State may take,~steps to excavate and preserve the
objects, if practical, or/hn the case of human bunatl grounds, the State Archaeologist
shall determine whet~'er or not the human remains~\can be disinterred. If it is deter-
mined that the huron remains cannot be disinteri'~d, the portion of the property
containing the bur'~ g?und shall be returned to its p~'~construction condition.
Sensitive Areas Development Plan Design Guidelines: ~
1. Purpose: The pu~'pose of Sensitive Areas Development ~,lan design guidelines is to:
a. Provide/or flexibility in the design of public inf[astructure and residential
develo ~ments to help assure that developments nea~n or adjacent to environ-
ment~ [y sensitive areas, are designed to use land ~fficiently and preserve
envir }mentally sensitive areas as open space amenities.
b , in the application of development codes,kstandards and guide-
allow innovative designs that promote the purpose of the Sensitive
c. development which provides for easy access and circulation for
and bicyclists.
d. Encourage innovative residential developments that contain a variety of housing
and styles.
e. Allow neighborhood commercial uses which are appropriate in scale and design
for the proposed development.
2. Applicability:
a. The Sensitive Areas Development Plan design guidelines are to be used by the
City when evaluating a Sensitive Areas Overlay rezoning, These guidelines are
intended to be flexible and allow modifications of the requirements of the
Ordinance No.
Page 18
3. Street
a.
underlying zoning district and subdivision regulations. ~Vhen
guidelines, the City will weigh the specific circ~
application, and strive for development solutions
intent and purpose of the Sensitive Areas Ordinance
merit of the property for reasonable, beneficial uses.
The development guidelines contained in
be used by the City as minimum requirements for
Development Plans. However, such guidelines
creativity and an applicant may request
Development Plan guidelines which may be
the following standards:
The modification will be in harmony w~t
Sensitive Areas Ordinance.
applying such
surrounding each
promote the spirit,
e permitting develop.
Ordinance are to
Sensitive Areas
not intended to restrict
s of the Sensitive Areas
~the City in accordance
he purpose and intent of the
The modification will generally enhar the Sensitive Areas Develop-
ment Plan end will not have an adv impact on its physical, visual
r spatial characteristics.
modification shall not result a configuration of lots or a street
quote ligh
article.
These development
features are I
tigris, the overall
Sensitive Areas Developr
that otherwise would have
to be transferred to the
being environmentally
development is develc
guidelines shall be app
These guidelines
requirements, lot w
quirements in erda
property. These
necessary for sn
vehicular occes
trian-friendlv
~m which is impractical or
sad development.
The ,dification will not res[
welfan ~ g access
public services
~nd air, or by
erracts from the appearance of the
in danger to public health, safety or
gency vehicles, by inhibiting the
depriving adjoining properties of ade-
the purposes for and intent of this
idalines ~ize that when environmentally sensitive
easements or other development resttic-
density of a property may be reduced. The
Plan procedures allow the dwelling unit density
;n permitted in an environmentally protected area
ns of the property which are identified as not
To help assure that the resulting denser
and livable manner, the following
nize that it~may be necessary to decrease lot area
, requirements~and street right-of-way and paving re-
increase the deh~sity on the developable portran of the
also recogdi,ze that special design concerns are
er lot developments. 'T,,he use of rear lanes to provide for
help ~ssure that an attractive and perles-
is developed. ~
Design Guideli
A modified
features
Cul-de-sa
mized,
tion of
~ h h
r,id street pattern which is adapted\to t e topograp y, natural
,nvironmental constraints of the pro)3,erty is encouraged.
and other roadways with a single point"@f access should be mini-
, be used where environmental constraih~ prevent the construc-
street pattern. ,
Street ght~of-way widths may be reduced below those 0t~herwise required by
the s regulations if plans provide sufficient area for the location of
publ and private utilities along the streets or rear lanes.
Str pavement widths of local streets may be reduced to 25 feet. Further
ions of street pavement width may be considered for alternative street
designs that promote pedestrian-oriented street frontages by restricting access
for vehicles other than emergency vehicles to the rear of the lots.
When street pavement widths are reduced below 28 feet, alternative locations
for parking, such as rear lanes and off-street parking clusters are encouraged.
Ordinance No.
Page 19
Rear Lane Design Guidelines:
a. The use of rear lanes to provide for vehicular access to individual lots and an
alternative location for utility easements can enhance the livability of compact
neighborhoods. When rear lanes are used, lot widths can be reduced to ap-
proximately one-half the otherwise required 45-60 foot lot width. In this
manner, more lots can be developed per linear foot of street paving.
b. Rear lanes, which are located parallel to local streets, are encouraged. Where
rear lanes are provided, driveway access to lots ~hall be via such rear lanes to
the extent possible. In such locations, curb cut~ onto a parallel street should
be minimized. Utility easements should be located in rear lanes to the extent
possible.
c. Rear lanes should have a minimum pavement/tNidth of 16 feet. The paved rear
me should be centered within a right-of-Way or easement which provides
room on each side to allow for ?/utility corridor.
Conventional srree!
Alternative street design with
vehicular access from rear lane
Pedestrian Walkway Guidelines:
throughout a development, side'
provided. The location and desl,
based on the volume of traffic
segment of sidewalk or walk~ the
ways are located adjacent tc
mentally sensitive feature is
Land Uses: The design guidelines of the
to encourage a mixture ;/housing types,
When located adjacent ~b single-family and
should be of a scale, [hassing and
assure that pedestrians have adequate access
and pedestrian pathway networks should be
)edestrian sidewalks and pathways should be
on the adjacent street; the length of the
to provide for snow storage when welk-
in degree to which access to an environ-
t~ve Areas Overlay Zone are intended
~here appropriate, commercial uses.
structures, multi-family buddings
that is compatible with the
adjacent lower density/esidential development.
housing type are disc/buraged except where the
mixture of the follo~/Ing land uses are encouraged to
ment:
a. Detached ~lngle-family dwellings.
b. Duplexes/
Zero-lot tlne dwellings and townhouses,
d. Multi-farhily buildings.
a.
Iopnlents consisting of only one
Iopment ~s of a small size. A
integrated within a develop-
Accessory apartments limited to less than 800 square in floor area provid-
ed that they are located within an owner-occupied within a permit-
ted accessory building associated with an owner-occupied
f. Commercial uses which are appropriate in scale and compatiUle with nearby
residential development. Commercial uses are not permitted in Sensitive Areas
Development Plans for properties less than two (2) acres in size.
Dimensional Requirements: To encourage more compact development and allow th~
transfer of dwelling unit density from environmentally sensitive areas of a property to
Ordinance No.
Page 20
10.
no~environmentally sensitive areas of a property, the dimensional requirements of the
undc~lving zone may be waived.
a. ~ Minimum lot area, lot width, lot frontage and yards may be reduced provided
',~hat sufficient yards are incorporated for each dwelling unit. For example, sin-
[~,e-family homes can be located on lots of approximately 4,000 square feet
er~l still contain front and rear yards of 20 feet and' side yards of 5-10 feet.
For~townhouses and zero lot line developments, ,~ards may be reduced to
approximately 10 feet and still provide for a landscape transition betwee~
street~ights-of-way and adjacent dwellings. To provide for a livable environ-
ment, d~velopment on small lots will require careful architectural design and
careful p~cement of garages and automobile parking areas. The use of rear
lanes for~.ehicular access to small lot developrfients is therefore encouraged.
b. The maximum building height and building coverage may be waived provided
that the design of the development results in/sufficient light and air circulation
for each build)~g. For example, an increase'in height from 35 feet {3 stories)
to 45 feet (4 sfqries) may be appropriate provided that taller buildings are set
back from adjace@t buildings to allow each dwelling unit adequate light expo-
sure. ',
Dwelling Unit Density: The overall dwelling unit density, based on total land area
minus public and private street right-of-way ares (excluding rear lanes) in the Sensitive
Areas Development Plan, shall not exceed the maximum density permitted in the
underlying zone. ,
Sensitive Open Space Designation: sensitive areas and their required buffers are
encouraged to be incorporated into the de, sign of the development as public open space
dedicated to the City, or private o. pe0 space held in common by a homeowners'
association. Where sensitive feature, s, and/or their required buffers are incorporated
into individual lots, they shall be incl~Jded within a sensitive area conservation ease-
ment. ~
Where commercial developments a, re proposed, they should be of a scale stated to
serve the residents of the ~mmediate development and adjacent neighborhoods.
a. Commercial buildings shoiJld be Ioaated adjacent to the street with parking
spaces located behind the building ahd screened with landscaping from adja-
cent residential structures.
b. Dwelling units are en,couraged above t.he first floor of buddings containing
commercial space.
c. Commercial develop~nent should be designed to serve as a focal point of the
overall developmen/t and is encouraged to incorporate open spaces such as
town squares. / ,
d. Commercial devel/~pment should be designed so that the material, messing and
architectural style is compatible with the adjacent residential development.
~-~i .~ parking located behind the building
Ordinance No.
Page 21
11.
Additional Considerations: Due to the concentration of dwelling units a~d the juxta-
position of different land uses that can be achieved by incorporating th/~above provi-
s'i(?s into the design of a Sensitive Areas Development Plan, adheren~ to the follow-
ing'xdesign considerations is encouraged to assure that the resulting'development is
attractive and provides for a transition between public streets and ~ivate residences.
a. ~Where narrower lots are proposed, garages should be Ioc/ated so that they do
ot dominate the streetscape, as illustrated below. /
b. Where reduced front ~ards are proposed, the use of porches is encouraged to
provide a transition between the s{reet and the dwelling unit.
c. Where a variety of ;ing typ/s, such as single family. duplex and multi-
family buildings, with, in a development, similar architectural schemes,
scale, messing and used to help assure that the various
building types are corn The use of traditional Iowa City architectural
styles, such as prairie, craf 1an. vernacular farm house and Victonan designs
are encouraged. /
rowde transition between the
I the dwelling
Appeal. -- --
1. ]'he
may grant a special
Sensitive Areas Ordinance if the applicant is able to
Application of a particular Sensitive Areas
reasonable, beneficial use of the property;
Any alterations permitted to sensitive areas are
to allow for reasonable, beneficial use of the
the sensitive areas; and
'[he proposed development does not pose an unreason
health, safetv or welfare on or off the development
~n to the provisions of the
nstrate that:
1ca regulation would deny
the minimum necessary
~ the least impact on
e threat to the public
5el site.
Ordinance No.
Page 22
2. The Board may impose conditions to limit the impact of an,/~uthorized alteration of a
sensitive area under this section, including requiring mitigation under a mitigation plan
approved by the City. /
P. P( lance Guarantee. Compliance with the performance,guaraqme provisions of City Code
S( ~4-5H-1 O, the Site Plan Review section entitled, ' Performance Guarantee," may be
re It~ ensure completion of conservation measures, includi,dg plantings and other mitiga-
tion or 'ha ~1 ~ance efforts, as stipulated in the Sensitive Are~(s Ordinance.
Q. Enforc me ~t The Sensitive Areas Ordinance regulation, s will,~e enforced under the provisions
of Section 1 6U-7, entitled "Violations and Penalties.' /
SECTION 11. R All ordinances and parts of ordinances i/r(conflict with the provisions of this
Ordinance are ~aled. /
/
If any section, provision or part/of the Ordinance shall be adjudged to
such adjudication shall not a,~ect the validity of the Ordinance as a
on or part thereof not adjudge~ invalid or unconstitutional.
SECTION III. S
be invalid or unconstituti(
whole or any section,
SECTION IV. EFFECTIVE
publication, as prowdad by
Passed and approved this__
MAYOR
E. This Ordinance shall be io'~ffect after its final passage, approval and
/
ay of / ,1 9__
ATTEST:
CITY CLERK
Approved by
~i~ey s Office
i/-?-
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE '14,
CHAPTER 5, BUILDING AND HOUSING.
ARTICLE I, GRADING ORDINANCE, TO MAKE
IT CONSISTENT WITH THE SENSITIVE AREAS
ORDINANCE.
WHEREAS, the Sensitive Areas Ordinance
includes definitions for steep and critical slopes
that differ from those contained in the Grading
Ordinance; and
WHEREAS, the Sensitive Areas Ordinance
lefines a critical slope as having a slope
han 25%, and requires subinitial
ng plan for critical slopes; and
{EREAS, the Grading Ordinance cu~
a grading plan to be for
than 28.5%; and
amending the Gradir ~nce
grading plan on those with
a 25% or steeper will ~ke the two
ordinances resistent.
NOW, EREFORE, BE IT ~RDAINED BY
THE CITY C UNCIL OF THE ITY OF IOWA
CITY,
SECTION NDMENT. Chapter 5,
Article I, "Definitions", is
hereby the following
definitions:
ENGINEERED Grading of five
hundred (500) cubic ,re and requires
the services of ,ngineer to prepare and
certify a grading pl~ to inspect and certify
the work cornplat
REGULAR involving less
than five hu (500) bic yards which
does not re~ ~ services, a civil engineer,
STEEP Property on :h the natural
terrain ' horizontal to
4:1 or steeper,
, Chapter 5, Article I~, S~tion 4,
led ' Grading Permit Required , Sub~ection
A./ . hereby amended to read as follo.ws.~
~(. Property on which the natural terrain is~t a
J horizontal to vertical slope of four horizon~t~l
/ to one vertical (25%) or steeper and havin~.,~
a vertical height exceeding ten feet (10');or
Title 14, Chapter 5, Article I, Section 5,
entitled "Grading Permit Requirements",
Subsection D, is hereby amended to read as
follows:
ORDINANCE NO,
ORDINANCE AMENDING CITY CODE TITLE 14,
CHAPTER 6, ENTITLED "ZONING," CONCERN-
ING ADULT DAY CARE, ELDER FAMILY
HOMES, ELDER GROUP HOMES, AND THE
DEFINITION OF ELDER.
WHEREAS, the number of older persons is
increasing in Iowa City; and
older persons typically require
assistive, personal care than the rest of
Jult population; and
!REAS, the City of Iowa City recognizes
the of g for more affordable, less
~ care and residen-
~ments for older adults.
{EREFORE, BE IT ORDAINED BY THE
CIL OF THE CITY OF IOWA CITY,
tial arra~
NOW,
CITY COU
IOWA:
SECTION I.
A. Title
Article B,
is hereby
definitions:
ADULT
gram of
a group
supervision,
may include
nursing and
care, trans
recreational
restorative service.<
ELDER A per
older.
ELDER
household
offering a
least
sons
who
mai
~IENDMENTS.
Chapter 6, entitled
ection 2, entitled "Definiti(
~ended by adding the fo
CARE An org~ pro-
care in
merit for ad~ who need
or Services
be limited to
, personal
social or
and preventative or
years of age or
HO A private
by a )onsible party
,cial living for at
for no more ~n five per-
in the residence mjority of
;, who are ted and
not able or willing to
themselves in an
arrangement, but who are essentially
)able of physical self-care.
!LDER GROUP HOME A single-family
idence that is the residence of a person
who is providing room, board and personal
care for up to five elders who are not relat-
ed to the caregiver. Personal care in this
case means assistance with the essential
activities of daily living which the recipient
can perform personally only with difficu!ty,
and may include bathing, personal hygiene,
dressing, grooming and the supervision of
self-administered medications, but does not
include the administration of medications.
Ordinance No.
Page 2
D. Title
Title 14, Chapter 6, Article D, Section 1,
entitled "Rural Residential Zone (RR-1)," is
hereby amended by adding to Subsection
C, entitled "Provisional Uses," as follows:
5. Elder family home.
6. Elder group home.
Title 14, Chapter 6, Article D, Section 2,
entitled "Low Density Single-Family Resi-
dential Zone (RS-Si," is hereby amended by
:ling to Subsection C, entitled "Provision-
as follows:
4. _-'lder family home.
Iroup home.
~, Chapter 6, Article D, Section 3,
"Medium Density Single-Fern
Zone (RS-8),"
ed:
1) by
7.
2) by
"Special
4. Adult d
ng to Subsection C,
hal Uses,"
' family home.
home.
D, entitled
the re-
L of this
Chapter.
Title 14, Chapter D, Section 4,
entitled "High Single-Family Resi-
dential Zone (RS-1 :hereby amended:
1) by adding C, entitled
"Pr~ follows:
5. Elder
6. roup home.
2) by addi~ to Subsecti D, entitled
"Speci~ ws:
5. day care, to the re-
uirements of Article of this
/ :haptar.
F. Title 1/4,, Chapter 6, Article D, ~n 5,
entityd Neighborhood Con:~er~ I~(si-
dent~a[ Zone (RNC-1 2)/' is hereby ~8~d-
1 dding to Su.b. section C, tit e~
/ "ProvisionalUses,' as follows:
/ 6. Elder family home.
/ 7. Elder group home.
/ 2) by adding to Subsection D, entitled
/ "Special Exceptions," as follows:
/ 5. Adult day care, subject to the re-
~ quirements of Article L of this
~ Chapter.
/ G. Title 14, Chapter 6, Article D, Section 6,
entitled "Factory-Built Housing Residential
Zone (RFBH)," is hereby amended:
1) by adding to Subsection C, entitled
"Provisional Uses," as follows:
Ordinance No.
Page 3
4. Eider family home.
5. Elder group home.
2) by adding to Subsection D, entitled
"Special Exceptions," as follows:
6. Adult day care, subject to the re- ,
quiremerits of Article L of this
Chapter.
14, Chapter 6, Article D, Section
2)
Title 14,
entitled
Residential
amended bv
tied "Provisio~
12. Ad
:ial Zone (RM-12)," is hereby amen(
by adding to Subsection C,
"Provisional Uses,"
6. Elder family home.
Elder group home.
adding to Subsecti D, entitled
Exceptions," follows:
1( Adult day care the re-
uirements L of this
hapter.
Article D, Section 8,
Multi-Family
(RM-20)," is hereby
ng to Subsection C, enti-
Uses," as follows:
care, subject to the
of Article L of this
13. famil mme.
14. group
J. Title Chapter 6, icle D, Section 9,
"Neigl )nservation Resi-
der IRNC-20] amended
to Subsection "Provi-
Uses," as follows:
Adult day care, subject e require-
ments of Article L of this
10. Elder family home.
11. Elder group home.
Title 14, Chapter 6, Article D, O,
entitled "High Density Multi-Femil~
tial Zone (RM-44)," is hereby amended
adding to Subsection C, entitled "Provision-
al Uses," as follows:
6. Adult day care, subject to the require-
ments of Article L of this Chapter.
7.Elder family home.
8.Elder group home.
L. Title 14, Chapter 6, Article D, Section 11,
entitled "Planned High Density Multi-Family
Residential Zone (PRM)," is hereby amend-
ed by adding to Subsection C, entitled
"Provisional Uses," as follows:
6. Adult day care, subject to the require-
ments of Article L of this Chapter.
7.Elder family home.
8.Elder group home.
Ordinance No.
Page 4
M. Title 14, Chapter 6, Article D, Section 12,
entitled "Residential/Office Zone (R/O)," is
hereby amended:
1) by adding to Subsection C, entitled
"Provisional Uses," as follows:
7. Elder family home.
8. Elder group home.
2) by adding to Subsection D, entitled
"Special Exceptions," as follows:
11. Adult day care, subject to the re-
quirements of Article L of this
Chapter.
N. 14, Chapter 6, Article E, Section 1,
ntitled "Commercial Office Zone (CO-1),"
hereby amended by adding
"Provisional Uses," as follows:
Adult day care, subject to the
Article L of this Cha
O. 14, Chapter 6, Article E, S, 2,
"Neighborhood CornroE Zone
is hereby amended to
ion D, entitle "Special
," as follows:
8. care, sub
ments Article L c
P. Title 14,
2)," is hereby
section C,
follows:
2. Adult day
merits
Title 14,
entitled
(CB-2)," hereby
m C, entitled
as fo
3.
the require-
Chapter.
E, Section 5,
rcial Zone {CC-
by adding to Sub-
"Provisional Uses," as
subject to the require-
L of this Chapter.
E, Section 6,
=ess Service Zone
by adding to
Uses,"
day care, sut the require-
of Article L ~'hapter.
R. 14, Chapter 6, Article Section 7.
)~ntitled. "Central Business Zone
/(CB-5), is hereby amended
Subsection C, entitled Uses,"
as follows:
3. Adult day care, subject to the r~uire-
, ments of Article L of this Chapter.~
S. Title 14, Chapter 6, Article E, Section8,
entitled "Central Business Zone (CB- 1
hereby amended by adding to Subsection
C, entitled "Provisional Uses," as follows:
5. Adult day care, subject to the require-
ments of Article L of this Chapter.
T. Title 14, Chapter 6, Article F, entitled
"Research Development Park Zone," is
hereby amended by adding to Subsection
Ordinance No.
Page 5
4, entitled "Special Exceptions," as fol-
lows:
G. Adult day care, subject to the require-
ments of Article L of this Chapter.
U. Title 14, Chapter 6, Article N, Section 1,
Subsection J, entitled "Required Number of
Off-Street Parking Spaces," is hereby
amended by adding to Subsection 1, enti-
tled "Residential Uses," as follows:
k. Elder family housing
Where permitted
Two (2) spaces for each dwell-
ing unit.
I. Elder group hc ing
Where
Two (2) parking ~aces for each dwell-
ing unit.
V. Title 14, Chapter 6, N, Section 1,
Subsection J, entitled ired Number of
Off-Street Parking )aces," is
amended by adding to Dubsection 4,
tied "institutional Uses as follows:
g. Adult day care
Where permitted
One parking spuc be
located on a regularly ~cted aisle,
for each six (6) adul care partici-
pants.
W. Title 14,
hereby
tion Q, as follows:
Q. Adult Day Care
1. Adult
care
have
stree
wid
2. N~
or
L, Section 1 is
a new subsac-
or to
than
facilities
day care to
shall
nd design to the
built environment.
When co-located in a'
ing
care facility shall hav
separate identifiable
program activities
tional hours.
ities providing
adults shall
or collector
with paving
ht (28').
provide
ix or more
in scale
g
hous-
adult day
its own
)ace for
opera-
A minimum of 60 square feet of
floor area for program activities
shall be available for each partici-
pant in the adult day care facility.
However, the floor area available
for program activities for each
adult day care participant, who
uses ambulatory aids, shall be 80
Ordinance No.
Page 6
square feet. The floor area calcu-
lation shall exclude reception
areas, storage areas, offices,
restrooms, passageways, treat-
ment rooms, service areas, or
specialized areas used for therapy.
Dining and kitchen areas are to be
included in the square footage
calculation only if used by adult
day care participants for activities
other than meals. /o
There shall be a minimum of ne
restroom accessible to pe
with disabilities per ten ad[ day
care participants. FacilitiE
wit
6. The
persons who use
should provide at one
room accessible 3arsons
disabilities for eight
lants,
It day care n and
shall all appli-
cable
SECTION II.
parts of ordinances in
sions of this Ordinance ar
SECTION III. SEVERABI
provision or part of
adjudged to be invalid
adjudication shall not
Ordinance as a whole
or part thereof not
tutional.
SECTION IV.
hence shall be
approval and
Passed
ordinances and
ct with the provi-
zaraby repealed.
If any section,
inance shall be
itutional, such
~lidity of the
, provision
invalid :onsti-
El CTIVE DATE ..... Ordi-
~ act after its final pas'~,ge,
'b stion, as provided by
approved this day
MAYOR
ATTEST
CITY CLERK
~ ulty Aqorn~y ~[j.h-/ce . ~
ORDINANCE NO.
ORDINANCE AMENDING CITY CODE TITLE
CHAPTER 6, ENTITLED "ZONING" TO REQUI
BICYCLE PARKING FOR MULTI-FAMILY R
DENTIAL AND COMMERCIAL USES.
WHEREAS, it is City policy to ericour the
use of bicycles as a means of trans
and
WHEREAS, safe and conveni~ bicycle
located at both and com-
establishments is neces,, to encour-
~ the increased use of bicycl
OW, THEREFORE, BE IT 01 IY THE
CI COUNCIL OF THE IOWA CITY,
,N 1. AMI
14, Chapter
N, entitled
Loadir ," Section
tied
Requireme
struction,"
follows:
1.
space~
entitled "Zoning."
f-Street Parking and
entitled "Off-Street
Subsection B, enti-
Design and Location
;ubsection 1, entitled "Con-
~ereb¥ amended to read as
areas
such
and aisles
S or du~
tess Woodlawn
;urface alley. The City
may permit materials other t
cement concrete, Portland
crete or manufactured
such as brick, but excluding
rock or chipseal surfaces, for
areas and drives if the resultant
provides a similar, durable,
All parking and stacking
and aisles, and bicycle
be constructed of
Portland ce-
3nufactured paving
brick, except for
ing single-family
ch abut and ac-
a non-hard
Official
n asphaltic
tent con-
[shed
mg
hard surface. The City Building Official
may permit the use of rock or gravel
areas for bicycle parking, provided that
edging materials, such as landscape
timbers, are used so that the bicycle
parking area is clearly demsrcatsd and
the rock material is contained.
Ordinance No.
Page 2
Title 14, Chapter 6, Article N, Subsection 1,
ubsection B, Subsection 2, entitled "De-
in," Subsection a, is hereby amended to
shall
edge=
gents
of
spaces
six feet
n. Required
designed
areas shall have the minimum
~ensions illustrated in the figure at the
Jbsection B showing each of
parking configurations permitted.
the edges of parking spaces are
as on a curved aisle, all angles
measured between the straight-
the parking spaces and tan-
the curved edges at their
Required bicycle parkll
all be at least two feet (2')
frame and
lock or
and secure
also allowed.
C. Title 14, Chapter 6
Subsection B,
tion," is hereb~
tion e, as follows:
e. Bicycle parking faci]
in a clearly
nient location.
in front and sid
providing
yard results
(25)
Title 14, Cha
Subsection J,
Off-Street
as follows:
14-6N-1J:
STREET
PARKING
exhibit
7. The
tcle parking racks be
support the its
use of eithe
~ed lock.
storage are
"Loca-
~dding Subsec-
; shall be located
safe and conve-
is allowed
all zones, if
~ the required
twenty five
the yard I paved.
Article N, ;ection 1,
"Required of
Spaces" is herebv ]ended
NUMBER OF )FF-
SPACES AND
1 and 2 are amended as per~
provisions apply to bicycle
ng:
all cases where bicycle parking is re-
uired, a minimum of two spaces shall
be provided.
After the first fifty (50) bicycle parking
spaces are provided, additional spaces
are required at fifty (50) percent of the
number required by this Section.
c. Where the expected need for bicycle
parking for a particular use is uncertain
Ordinance No.
Page 3
due to u,n.k,nown or unusual operating
characteristics of the use, the Building
Official may authorize that construction
provision of not more than fifty (50)
of the bicycle parking spaces be
The land area required for the
bicycle parking spaces shall be
in reserve. If an enforcement
determines at some point in the
served
ed,
3arking
official,
sots and
covenant ru~
SECTION II.
parts of ordinances
sions of this C
SECTION Ill.
provision or part of t'
adjudged to be invalid or
adjudication shall not
Ordinance as a whole
or part thereof not ad
tutional.
SECTION IV. EFI
hence shall be in
approval and
Passed
additional parking spaces are
the property owner will be re-
install the parking in the re-
A written agreement, prop-
by the owner of the
~ich the reserved area is Ioc
~g the installation of bi~
~in the reserved area
the enfor~
upon
shall be as a
with the
All or
~nces and
the provi-
' repealed.
If anv section,
:inance shall be
such
t the validity of the
section, provision
unconsti-
This Ordi-
after final passage,
· as by law.
3proved this day of
,19
MAYOF
ATTE~
ITY CLERK
A by /
0
c ~ ~ .~ oo
~ ~ g ~ oo
0 ~ --
o o 0
o
d
o
o ~ ~ ~' o ~
o o
E
'T
'~0
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ORDINANCE NO. 95-3700
AN ORDINANCE REPEALING CITY CODE TITLE 12, CHAPTER 4 ENTITLED BROADBAND TELE-
C01ViMUNICATIONS FRANCHISE ENABLING ORDINANCE. AND ADOPTING A NEW CHAPTER 4 IN
PLACE THEREOF.
WHEREAS, the City has negotiated a renewal of the franchise agreement with Cablevision VII,
pursuant to the Communications Policy Act of 1984 and the Cable Television Consumer Protection and
Competition Act of 1992, and
WHEREAS, it is deemed in the interest of the C~ty to provide for continuing cable television service
to its residents, and
WHEREAS, the existing Broadband Telecommunications Franchise Enabling Ordinance does not fully
implement the terms of the renewed franchise agreement, and should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
THAT:
SECTION I. AMENDMENT. Title 12, Chapter 4 of the CiW Code is hereby repealed and a new Title 12,
Chapter 4 is adopted as follows:
Sec. 12-4-1:
Sec. 12-4-2:
Sec. 12-4-3:
Sec. 12-4-4:
Sec. 12-4-5:
Sec. 12-4-6:
Sec. 12-4-7:
Sec. 12-4-8:
Sec. 12-4-9:
Sec. 12-4-10:
Sec. 12-4-11:
Sec. 12-4-12:
Sec. 12-4-13:
Sec. 12-4-14:
Sec. 12-4-15:
Sec. 12-4-16:
Sec. 12.4-17:
Sec. 12-4-18:
Sec. 12-4-19:
Sec. 12-4-20:
Sec. 12-4-21:
Sec. 12-4-22:
Sec. 12-4-23:
Sec. 12-4-24:
Sec. 12-4-25:
Sec. 12-4-26:
Sec. 12-4-27:
Sec. 12-4-28:
Sec. 12-4-29:
Sec. 12-4-30:
Sec. 12.4-31:
Sec. 12-4-32:
Sec. 12-4-33:
Sec. 12-4-34:
Sec. 12-4-35:
Sec. 12-4-36:
CHAPTER 4. CABLE TELEVISION
DIVISION 1, ENABLING ORDINANCE
Short T~tle
Definitions
Cable Television Administrator and Broadband Telecommunications
Commission
Regulatory Jurisdiction and Procedures
Significance of Franchise
The Cable Television Francbrae
Operati.on of Franchise
Rights Reserved to the Citv
Applications for Franchise
Acceptance and Effective Date of Franchise
Termination of Franchise
Reports and Records of the Grantee
Franchise Payment
Liabihty and Indemnification
Bonds
Fees, Rates and Charges
Pubhc, Education and Government Connection to Cable Television System
Interconnection of Network
Construction Timetable for Initial Construction
Construction Timetable for Rebuild Construction
Network Description
Network Techmcal Requirements
Performance Measurements
Construction Standards
Erection, Removal and Common Use of Poles
Construction Reporting Requirements
Channels to be Provided
Conditions of Street Occupancy
Unauthorized Connections or Modifications
Preferential or Discriminatory Practices Prohibited
Installations, Connections, and Other Services
Service Calls and Complaint Procedures
Transfer
Publications Costs
Ordinances Repealed
Separability
Ordinance No. 95-3700
Page 2
Sec. 12-4-37: T~me is of the Essence to th~s Ordinance
Sec. 12-4-38: No Waiver of Rights
DIVISION 2. RATE REGULATIONS
Sec. 12-4-39: Rate Regulation Proceedings
Sec. 12-4-40: Certification
Sec. 12-4-41: Notification of Changes
Sec. 12-4-42: Cable Official
Sac, 12-4-1: Short title.
This article shall be known and may be cited as the "Cable Television Franchise Enabling
Ordinance."
Sec. 12-4-2: Definitions.
For the purpose of this article the following terms, phrases and words and their derivations shall
have the meaning specified herein. When not inconsistent with the context, words used in the present
tense include the future and words m the singular number include words in the plural number.
Access or public, government, and educational access channels shall mean public, educahonal,
government, library, and University access channels.
Additionalservice shall mean a subscriber service provided by the Grantee for which a specml
charge is made based on program or service content, time or spectrum space usage.
Anuualgross revenues means all revenue received by the Grantee from all sources in connection
with the operation of Grantee's cable television system. Gross revenues shall include, without
limitabort, amounts for all cable service, including but not limited to, basic service and tier service,
premium and pay*per*view services. advertising, leased access, installation and all other revenues
derived from the operation of Grantee's cable telewsion system. Gross revenues shag not deduct the
following: (1} any operating expense, (2) any accrual, including without limitabort, anv accrual for
commissions or (3) any other expenditures, regardless of whether such expense, accrual or expenditure
reflects a cash payment, but revenue shall be counted only once in determining Gross Revenue. Gross
revenues shall also include the revenue of any affiliate, subsidiary, parent. or any person or entity in
which each Grantee has a financial interest, derived from the operaben of the cable television system
for advertis,ng, or for any other business operet,on of the cable television system. to the extent such
revenue ~s denved through any means that has the effect of avoiding the payment of franchisee fees
that would otherwise be paid to the Grantor. Revenues of both Grantee and an affiliate, subsidiary.
parent. or any person or entity in which the Grantee has a financial interest that represent a transfer
of funds between them and that would constitute gross revenues of both the Grantee and the affiliate,
subsidiary, parent, or any person or entity in which the Grantee has a financial interest shall be counted
only once for purposes of determining gross revenues. Gross revenues shall not include franchise fees.
any other fee. assessment. sales or other sireder tax imposed by law on subscribers or that Grantee
is legally obligated to collect.
Basic subscriber television services or basic services means a separately available bas,c service
tier to which subscription is required for access to any other tier of service. Such basic service t~er
shall. at a minimum, consist of the following: all s~gnals carried in fulfillment of the Cable Act.
Sect,ons 614 and 61 5; any public, educational. and governmental access programming required ,n this
ordinance or the franchise; any signal of any television broadcast station that is provided by the cable
operator to any subscriber. except a signal which is secondarily transmitted by a satellite carrier
beyond the local service area of such station. Additional signals may be added to the basic tier by the
Grantee.
Cable service means the one-way transmission to subscribers of (i) video programming, or (~i) other
programming service, and subscriber interaction, if any, which is required for the selection of such
wdeo programming or other programming service.
Cable television $~/stem channel capacity means the highest total number of cable television
channels on which television s~gnals from separate sources may be delivered downstream
simultaneously to every subscriber in the network. The network may have additional channel capacity
for specialized or discrete purposes, but the technical performance specified shall not be materially
degraded thereby.
Ordinance No. 95-3700
Page 3
Cable television channelmeans a portion of the electromagnetic frequency spectrum which is used
in a cable system and which is capable of delivering a television channel as defined by the Federal
Communications Commission.
Cable taler/sion system or cable system, also referred to as "system," means a facdity, consisting
of a set of closed transmission paths and associated signal generation, reception and control equipment
that is designed to provide cable service which includes video programming and which is provided to
multiple subscribers within a community, but such term does not include (A) a facility that serves only
to retransmit the television signals of one or more television broadcast stations; (B) a facility that
serves only subscribers in one or more multiple unit dwellings under common ownership, control, or
management, unless such facility or facdities usos any public rights-of-way; (C) a facility of a common
carrier which is subject, in whole or in part, to the provision of Title II of the Cable Act, except that
such facility shall be considered a cable system to the extent such facility is used in the transmission
of video programming directly to subscribers; or (D) any facihtms of any electric utility used solely for
operating its electric utility systems.
Channel frequency response means within a cable television channel, the relationship as measured
at a subscriber terminal between amplitude and frequency of a constant-amplitude input signal at all
specified frequencies within each channel.
City shall mean the City of Iowa City, Iowa, its officers and employees unless otherwise
specificallv designated, the area within the territorial City limits of the City and such territory presently
outside the City limits over which the City may assume jurisdiction or control by virtue of annexation.
Closed-circuit or institutional service means such video, audio, data and other services provided
to and between institutional users. These may include, but are not hmited to, one-way video, two-way
video, voice, audio or digital signals transmitted among institutions and/or to residential subscribers.
Commence operation means operation will be considered to have commenced when sufficient
distribution facilities have been installed so as to permit the offenng of "full network services" to at
least twenty-five (25) percent of the dwelhng units located w~thin the designated "serwce area."
Commission refers to the Broadband Telecommunications Commission.
Communications Policy Act or Cable Act means the Cable Communications Policy Act of 1984
and the Cable Television Consumer Protection and Competition Act of 1992 as it may be amended or
succeeded.
Complaint means an oral or written indication from a subscriber of a problem with any aspect of
cable service.
Contiguous shall mean abutting or w~thin two hundred (200) feet.
Council shall mean the City Council of the C~ty of Iowa C~ty, and any legally appointed or elected
successor or agency.
Data grade shall mean coded transmissions primarily d~gital in nature.
Days shall mean business days.
Downstream means the direchon of transmission over the cable telewsion system from the "head
end" or "hub" to a subscriber's terminal.
Drop shall mean a coax.el connection from feeder cable to the subscriber/user television set, radio
or other terminal.
Fair market value means the price that a willing buyer would pay to a willing seller for a going
concern based on the system valuation prevailing in the industry at the t~me.
FCC shall mean the Federal Communications Commission and any legally appointed or elected
successor.
Franchise means a franchise contract entered into voluntarily by the Grantee, containing the
specific provisions of the franchise granted, including referenced specifications, franchise proposal,
applications and other related material. The franchise granted pursuant to this ordinance grants the
nonexclusive rights to construct, operate and maintain a cable communications system along the
streets and public ways and grounds within all or a specihed area in the City. Any such authorization,
m whatever form granted, shall no; mean or ~nclude any license or permit required for the privilege of
transacting and carrying on a business within the City as required by other ordinances and laws of the
City.
Franchise area means the entire City, or portions thereof, for which a franchise is granted under
the authority of this ordinance. If not otherwise stated in the franchise, the franchise area shall be the
corporate limits of the City, including all territory thereafter annexed to the City.
Ordinance No. 95-3700
Page 4
Franchise fee means the percentage, as specified by this ordinance, of the Grantee's gross
revenues from all sources payable in exchange for the rights granted pursuant to this ordinance and
the franchise agreement.
Full network service shall mean all "basic services" and "additional services" offered by the
Grantee.
Grantee means all persons including, but not limited to, subsidiaries, parents or affiliate
companies, associations or organizations having any rights, powers, privileges, duties, liabilities or
obligations. under this article, and under the franchise ordinance, collectively called the "franchise."
and also includes all persons having any title to or interest in the system, whether by reason of the
franchise itself directly or by interest in a subsidiary, parent or affiliate company, association or
organization by any subcontract, transfer, assignment, management agreement or operating agreement
or an approved assignment or transfer resulting from a foreclosure of a mortgage security agreement
or whether otherwiso arising or created, and shall include the lawful successor, transferee, or a
assignee of such franchisee or Grantee.
Head end shall mean the land. electronic processing equipment, antennas, tower, building and
other appurtenances normally associated with and located at the starting point of a cable television
system, excluding the studio.
Hub configuration means a cable television system design technology wherein all transmission
paths either originate or terminate at a central location within the community.
Installation shall mean the extension and/or construction of the system from the main trunk and/or
feeder cable to subscribers* terminals except where such a procedure is required by this article w~thout
charge when it will mean the extension and/or construction of the system to one point in a designated
building.
Local distribution center shall mean a facility, Within the community remote from but connected
to the "hub," which distributes signals from the "hub" to a specified area m the cable television
system.
Local distribution center shall mean a facdity which the originates from a "local d~stribution center"
as opposed to the "hub." May is permissive.
Network noise means that combination of undesired and fluctuating disturbances w~thin a cable
television channel, excluswe of undesired s~gnals of discrete frequency which degrade the reproduction
of the desired signal and which are due to modulation processes, thermal effects and other noise-
producing effects, not including hum. Network noise is specified in terms of ~ts RMS voltage or ~ts
mean power level as measured in a four-MHz band above the lower channel boundary of a cable televi-
sion system.
Newhousing area shall mean any area containing any newly constructed, rehabilitated, or restored
residential or commercial unit which does not exist prior to the effective date of the franchise.
Physical miles of plant shall mean total miles of trunk, feeder,super-trunk, and fiber optic cable.
Person means an individual. partnership. association, organization or corporation or any lawful
Successor transferee.
Public-rights-of-way or streets and public grounds means the surface. the air space above the
surface, and the area below the surface of any public street, highway, lane, path, alley. sidewalk,
boulevard, drive, bridge, tunnel. park, parkways, waterways, utility easements or other public
right-of-way now or hereafter held by the City which shall entitle the City and the Grantee to the use
thereof for the purpose of installing and maintaining the Grantee's cable telewsion system. No refer-
ence herein, or in any franchise, to the "streets and public grounds" shall be deemed to be a
representation or guarantee by the City that its title to any property is sufficient to permit its use for
such purpose, and the Grantee shall, by its use of such terms, be deemed to gain only such rights to
use property in the City as the City may have the undisputed right and power to give.
Reasonable notice shall mean the provision of notice of contemplated action delivered at least
forty-eight (48) hours prior to such action.
Resident means any person residing in the City or as otherwise defined by applicable law.
Residential subscriber means a subscriber who receives a service in an individual dwelling unit
where the ser-zice is not to be utilized in connection with a business, trade or profession.
Sale shall include any sale, asset exchange or offer for sale.
Ordinance No. 95-3700
Page 5
Shall and must means each is mandatory.
Strand mile shall mean messenger strand as measured from pole to pole without taking into
consideration sag or downguys, and for buried plant, actual trench feet.
Studio shall mean the land, electronic processing equipment, towers, building, cameras, lights and
other appurtenances normally associated with and located at the Grantee's local origination and/or
public access plants of a cable television system, excluding the head end.
Subscriber terminal means an electronic device which converts signals to a frequency not
susceptible to interference within the television receiver of a subscriber, and any channel selector
which permits a subscriber to view all signals delivered at designated converter dial locations at the
set or by remote control.
System facilities means the cable communications system constructed for use within the Citv,
without limitation, the headend. antenna, cables, wires, lines, towers, amplifiers, converters, health
and property security systems, equipment or facilities located within the corporate limits of the Citv
designed, constructed or wired for the purpose of producing, receiwng, amplifying and distributing by
coaxial cable, fiber optics, microwave or other means, audio, radio, television and electronic signals
to and from subscribers, in the C~ty and any other equipment or facilities located within the corporate
I~mits of the City intended for the use of the cable communications system; provided, however, such
system facilities excludes building. contracts, facilities, and equipment where its sole use is for
providing service to other system facilities located outside the City limits.
Substantially completed means operation will be considered substantialIv completed when
sufficient distribution facilities have been installed so as to permit the offering of "full network
services" to at least ninety (90) percent of the dwelling units in the service area to which access is
legally and reasonably available.
Terminal isolation means at any subscriber terminal, the attenuation between that terminal and
any other subscriber terminal in that network.
Upstream means a signal originating from a terminal to another point m the cable telewsion system
including video, audio or digital signals for either programs or other uses such as security alert services,
etc.
Sec. 12-4-3: Cable Television Administrator and Broadband Telecommunications Commission.
A. The City Manager is hereby authorized to appoint a Cable Television Administrator for the purpose
of exercising the C~ty's continuing administration of the franchise. Such responsibility shall
include but not be limited to the following matters:
1. Receive and investigate such complaints, disputes or disagreements as may be d~rected or
referred to the City of Iowa City, Iowa, between subscribers or potential subscribers and
Grantees of a cable television system and other distnbution systems interconnected with
the cable television system, not first able to resolve their differences.
2. Report recommendations upon complaints. disputes or disagreements after investigation to
the Broadband Telecommunications Commission for the issuance of finding.
3. Review and audit reports, records, communications and Grantee regulations submitted to
the City of Iowa City, Iowa. and conducting such inspections of the system as may be
necessary in support of such review as provided for in the Cable Television Enabling
Ordinance.
4. Work with the public and the media to assure that all tariffs, rates, charges and rules
pertinent to the operation of the cable television system in the City of Iowa City. Iowa, are
made available for inspect[on by the public at reasonable hours and upon reasonable
request.
Confer and coordinate with the Grantee on the ~nterconnection of the C'ty's cable television
system with other similar networks.
§.Advise the Broadband Telecommunications Commission.
7. Other such duties as the City Manager or Broadband Telecommunications Commission may
assign.
8.Promote usage and understanding of the access channels.
Research and recommend new technologies that may be useful to the City, community, and
cable system.
B. Commission established: Within thirty (30) days of the granting of the first franchise, there shall
be appointed a Commission to be known as the Broadband Telecommunications Commission.
Ordinance No. 95-3700
Page 6
Composition and term: The Broadband Telecommunications Commission shall consist of five {5)
citizens of the City appointed by the City Council for a term of three (3) years; except, that the
first appcintoes shall be appointed one {1} for a term of one {1) year, two (2) for a term of two
(2) years and two {2) for a term of three (3) years; and thereafter, each shall be appointed for a
term of three (3) years. Following system completion, it is recommended that a majority of the
members be subscribers to the system at the time of their appointment.
Powers and duties: The dutms of the Broadband Telecommunications Commission shall be as
follows:
1. Resolving disputes or disagreement between subscribers, potential subscribers and Grantee
should such parties be unable first to resolve their dispute. The Broadband Telecommunica-
tions Commission shall conduct a public hearing upon any petition by any person seeking
resolution of a dispute concerning the operation of any franchise granted hereunder. The
hearing shall be conducted pursuant to the Iowa Administrative Code, and following such
hearing, the Broadband Telecommunications Commission shall issue its finding or
determination. Said finding or decision shall bo hnal, and any potson aggrieved may seek
relief therefrom in the District Court of Iowa as provided by State law.
2. Reviewing and auditing reports submitted to the City as required and said such other
correspondence as submitted to the City concerning the operation of the cable telewsion
system so as to insure that the necessary reports are completed and fulfilled pursuant to
the terms of this ordinance.
3. Work with the public and the media to assure that all records. rules and charges pertinent
to the cable television system in the City of Iowa City are made available for respection at
reasonable hours upon reasonable notice.
4. Confer with the Grantee and advise on the ~nterconnection of the City's cable system with
other cable and commumcations systems.
5. Subsequent to the initial franchise, solicit, review and prowde recommendations to the City
Council for selection of applicants for franchise under th~s ordinance.
6. lintlate inquiries, recewe requests for review of rates charged by the Grantee and provide
recommendation on such actions to the City Council.
7. Conduct evaluations of the system at least every three (3) years w~th the Grantee and,
pursuant thereto, make recommendations to the Councd concerning system improvements
and amendments to this ordinance or any franchise agreement.
8. Establish and administer sanctions as authorized by the City Council to insure comphance
with th~s ordinance.
9. To make recommendations to the Grantee of the cable television system and to the
educational and governmental users of the educational and governmental access channels.
10. To insure that the Grantee makes the pubhc access channel available to all residents of the
C~ty on a nondiscriminatory basis.
11. To assure that the operation of the public access channel be free of program censorship and
control.
12. Cooperate with the entities operating access channels as those entit~es develop rules for
such channels.
13. To perform such other duties and functions relative to public access channels as may be
appropriate in order to maximize its use among the widest range of individuals, institutions
and other organizations within the City. This shall include recommendations to the City
Council for utilization of the annual franchise payment.
Rules and regulations: The Broadband Telecommunications Commission shall adopt such rules
and regulations as are necessary to carry out its functions and to insure that due notice is given
to all parties concerning any hearing on any complaints to said Broadband Telecommunications
Commission and the hearings are held promptly in accordance with reasonable notice to all
parties. The Broadband Telecommunications Commission shall also have such powers to include
the election of its own officers.
Sec. 12-4-4: Regulatory jurisdiction and procedures.
Continuing regulatory jurisdiction: The City shall have continuing regulatory jurisdiction and
supervision over the operation of any franchise granted hereunder and may from time to time
Ordinance No. 95-3700
Page 7
adopt such reasonable rules and regulations as it may deem necessary for the conduct of the
business contemplated thereunder. Provided, however, such exercise of rights or powers
subsequent to the effective date of a franchise will not impair the rights of the Grantee
thereunder, and if locally imposed, place an undue financial burden on such Grantee.
B. Regulatory procedures:
1. The Broadband Telecommunications Commission shall consider any inquiry or proceeding,
excluding those described ~n Paragraphs 2 and 3 below, requiring City Council action to be
taken in regard to the cable television system or franchise, whether upon application or
request by the Grantee or any other party or on its own motion and shall submit such
consideration, together with the Broadband Telecommunications CommissioNs recommenda-
tion, to the City Council. Any action by the City Council on any Broadband Telecom-
munications Commission recommendation shall be taken only after thirty (30) days notice of
said proposed action, inquiry or proceeding is published in the official newspaper having
general circulation and a copy of said notice is served upon the Grantee. The Grantee shall
have an opportunity to respond at the hearing and/or in wr~hng. Members of tho public shall
have an opportunity to respond or comment in writing on the proposed action and appear at
said proceeding or hearing; however, such hearing or proceeding shall be set no later than
ninety (90) days after notice to the Grantee and the City Council shall act upon this
proceeding within one hundred eighty (180) days of the notice of hearing unless such time is
extended by agreement between the City Councd and the Grantee. The dectalon of the City
Council shall become a final determination.
2. Rate regulation procedures snail be conducted in accordance with the hmeframe established
in D~vision 2, Rate Regulations.
3. The City shall have one hundred twenty (120) days to act upon any request for approval of
a transfer that contains or is accompanied bv such information as is required in accordance
with FCC regulations and by the City. If the City fa~ls to render a final dec~sion on the request
within one hundred twenty (120) days, such request shall be deemed granted unless the
requesting party and the City agree to an extension of time.
4. The public notice required by th~s section shall state clearly the action or proposed action to
be taken, the hme provided for response, including response by the public. the person or
persons in authority to whom such responses shall be addressed and such other procedures
as may be specified by the City Council. If a hearing ~s to be held, the public notice shall give
the date, location and hme of such hearing. The Grantee will be provided with reasonable
not~ce for any hearing conducted in regard to its operation.
C. Triennial franchise review:
1. On or about the third and sixth anniversaries of the effectwe date of the franchise, the City
will schedule a public meeting or meetings with the Grantee to review the franchise perfor-
mance, plans and prospects. The City may require the Grantee to reasonably make available
specified records, documents and ~nformat~on for th~s purpose. and may inquire m particular
whether the Grantee is supplying a level and variety of services equivalent to those being
generally offered at that time in the industry in comparable market situations.
2. The C~ty shall first confer w~th the Grantee regarding modifications in the franchise whmh
might impose additional obligations on the Grantee, and the Grantee may in turn seek to
negotiate relaxations in any requirements previously imposed on it which are subsequently
shown to be impractical.
3. Within thirty (30) days of the conclusions of such negotiations, the City may direct the
Grantee to show cause whv specified terms and conditions should not be incorporated into
the franchise and the Grantee may similarly file with the City a written request that specified
obligations of its francbrae be removed or relaxed. Implementation of such requests shall
correspond as nearly as possible with the procedures set forth herein. The Broadband
Telecommunications Commission will recommend to Council changes in the franchised rights
and obligations of the Grantee only if ~t finds from all available ewdence that such changes will
not impair the economic viability of the system or degrade the attractiveness of the system's
service to present and potential subscribers.
Ordinance No. 95-3700
Page 8
D. Expiration: Upon completion of the term of any franchise granted under this ordinance, the City
may in its sole discretion grant or deny renewal of the franchise of the Grantee in accordance with
the provisions of the Cable Act.
Sec. 12-4-5: Significance of franchise.
A. Franchise nonexclusive: Any franchise granted hereunder by the City of Iowa City, Iowa, shall
not be exclusive and the City reserves the right to grant a franchise to any person, firm, company,
corporation or association at any time. The grant of one franchise does not establish priority for
use over the other present or future permit or franchise holders or the City's own use of the
streets and public grounds. The City shall at all times control the distribution of space in, over,
under or across all streets or public grounds occupied by the cable communications system.
B. Franchise amendable: The scope of any franchise granted hereunder shall be deemed amendable
from time to time by mutual consent, to allow the Grantee and the City to innovate and implement
new services and developments.
C. Privileges must be specified: No privilege or exemption shall be inferred from the granting of any
franchise unless it is specifically prescribed. Nothing in this article shall be deemed to require the
granting of s franchise when m the opinion of the Council it would not be in the public interest
to do so.
D. Authority granted: Any franch,se granted hereunder shall give to the Grantee the right and
privilege to construct, erect, operate, modify and maintain in, upon, along, above, over and under
streets which have been or may hereafter be dedicated and open to public use in the City, towers,
antennas, poles, cables, electroinc equipment and other network appurtenances necessary for the
operation of a cable televis,c;~ system ,n the City, subject to limitations contained in this
ordinance.
E. Previous rights abandoned: A franchise granted hereunder shall be ,n heu of any and all other
rights, privileges, powers, ~mmunities and authorities owned. possessed, controlled or exercisable
by a Grantee or any successor pertaining to the construction, operation or maintenance of a cable
commun,cations system in the C~ty. The acceptance of a franchise shall operate. as between
Grantee and the City, as an abandonment of any and all such rights, privileges, powers,
immunities and authorities w~thin the City. All construction, operation and maintenance by the
Grantee of any cable system ,n the C~ty shall be under the franchise and not under any other right,
priv,lege, power, immunity or authority.
F. Subject to other regulatory agencies' rules end regulations: The Grantee shall at all t~mes during
the life of any franchise granted hereunder be subject to all lawful exerc,se of the pohce power
by the City and other duly authorized regulatory state and federal bed,es.
G. Pole use agreements required: No franchise granted hereunder shall tellove the Grantee of any
obligation involved in obtaining pole or condu~t use agreements from the gas, electric and
telephone companies, or others maintaimng poles or conduits in the streets of the City, wherever
the Grantee finds it necessary to make use of sa~d poles or condu,ts.
H. No right of property: The award of any franchise hereunder shall impart to the Grantee no right
of property in or on City-owned property.
I. Franchise binding: All prows~ons of this article and any franchise granted hereto shall be binding
upon the Grantee, its successors, lessees or assignees.
J. General Cit~, ordinances: Any franchise granted by the C~ty ~s hereby made subject to the general
ordinance provisions now in effect and hereafter made effective. Nothing ~n the franchise shall
be deemed to waive the requirements of the various codes and ordinances of the City regarding
permits, taxes, fees to be paid, or manner of construction.
K. No waiver of rights: No course of dealing between the Grantee and the City nor any delay on the
pert of the City in exercising any rights hereunder shall operate as a waiver of any such rights Of
the City or acquiescence in the actions of the Grantee in contravention of rights except to the
extent expressly waived by the City or expressly provided for in the franchise.
Sec. 12-4-6: The cable television franchise.
A. Franchise required: No person, firm. company, corporation or association shall construct, install,
maintain or operate within any public street in the City, or within any other public property of the
City, any equipment or facilities for the distribution of cable service over a cable television system
to any subscriber unless a franchise authorizing the use of the streets or properties or areas has
Ordinance No, 95-3700
Page 9
first been obtained pursuant to the provisions of this article, and unless such franchise is in full
force and effect.
B. Franch/se applications: Public Notice of "Request for Proposals." The City may invite applications
for a cable television franchise by means of a public notice advertising the availability of its
"Request for Proposals."
1. The public notice shall contain. but need not be limited to:
a. A description of the franchise area which is sought.
b. A statement that a formal "Request for Proposals" is available to prospective applicants
from a City official whose name, address. and telephone number are specified.
c. A statement that applications for the franchise must be submitted in writing in the form
and manner specified in the "Request for Proposals" no later than a date certain.
d. A statement that all applications will be made available for public inspection during normal
business hours at a specified location.
C. Request for proposals: Prior to inviting any applications for any television franchise, the City shall
prepare a "Request for Proposals" that shall contain, but need not be hmited to, the following;
1. A descriphon of the cable television system and services desired by the City including any
system specifications estabbshed by the City.
2. A statement specifying the form that all applications shall follow.
3. A statement indicating the amount of the application fee (if any) to be submitted with the
application, and the manner in which such fee is to be submitted.
4. A statement that all apphcations must contain the information required by the "Request for
Proposal."
5. The closing date for the submission of applications.
6. The name, address. and telephone number of the City official(s) who may be contacted for
further information.
D. Review of qualifications: Specific permission to operate a cable television system under the
provisions of this article may be granted by the City Council of the City to any Grantee after: a
review of the legal, character, financmi, technical quahficat~ons; an analysis of adequacy and
feasibility of the Grantee's construction arrangements; an assessment of whether pubhc,
educational and governmental access channel and institutional network capacity, equipment,
facilities, services, and financml support are reasonable; a determination of whether the proposal
meets the future cable commumcations needs of the City; and a review of the prowsion of other
such information, equipment, serwces and support as required by the City, and after the City
Council has approved the Grantee's qualifications as a part of a public proceeding affording due
process.
E. City discretion: The City, at its discretion, may reject any application for a franchise. In awarding
a franchise, the City: shall allow the applicant's cable system a reasonable period of t~me to
become capable of providing cable service to all households in the franchise area; may require
adequate assurance that the cable operator will provide adequate public, educational, and
governmental access channels and institutional network capacity, equipment, facilities, services,
and financial support; shall determine the abihty of the proposal to meet the future cable
communications needs of the City; and may require adequate assurance that the cable operator
has the financial, technical, or legal qualifications to provide cable service.
F. Requirement for public hearing on reasonable notice: The City shall conduct a public hearing prior
to awarding any cable television franchise. The hearing shall be preceded by reasonable notice
to each of the franchise applicants and to the public, and shall be conducted by the City in
accordance with the following procedures:
1. There shall be an agenda for the hearing which shall specify the proposal(s) to be considered
at the hearing.
2. Every person who has applied for a cable television franchise shall appear at the hearing either
in person or by authorized representative. The application of any applicant not so appearing
shall not be further considered, except for good cause shown.
3. All applicants shall be given opportunity to participate in the hearing, but nothing contained
herein shall limit the power of the presiding officer to establish reasonable time limits and
otherwise limit repetitive statements or questions.
Ordinance No. 95-3700
Page 10
4. The notice of hearing shall:
a. Conform to all relevant state and local laws and ordinances.
b. Describe the agenda to be considered at the public hearing.
c. Indicate that copies of all franchise appli:ations are available for public respection during
normal business hours at a place to be specified in the notice.
G. Duration of franchise: Upon filing by the Grantee of the proper acceptance, the bond and the
required insurance and security fund, the franchise shell take effect as provided in Section 12-4-
10 and shall continue in full force and effect fo.' a term to be set by the Council in the franchise.
H. Exemptions: Paragraphs B, C, D, E, and F of this section do not apply to an incumbent operator
afforded renewal rights under Section 626 of the Cable Act.
Sac. 12-4-7: Operation of franchise.
A. Operation to be in accordance with rules: The Grantee shall maintain and operate ~ts cable
television system in accordance with the Rules and Regulations of the Federal Communications
Commission, the State of Iowa and/or the City as are incorporated herein or may be promulgated.
B. Interruption of service; notification: The Grantee, whenever it is necessary to interrupt service
over the cable television system for the purpose of network maintenance, alteration or repair. shall
do so at such time as will cause the least amount of inconvenience to the subscribers, and unless
such interruption is unforeseen and immediately necessary, the Grantee shall give reasonable
notice thereof to the affected subscribers.
C. Office and phone for Complaints: The Grantee shall maintain an office within the City limits
which shall be open during all normal business hours, including some week night and Saturday
hours, have a hsted local telephone number and be so operated that complaints and requests for
repairs or adjustments may be received at any time.
D. Service records maintained: The Grantee shall at all times make and keep a list of all complaints
and interruptions or degradation of service received or experienced during the term of franchise.
The records maintained above shall also include complaint response t~me and service restoration
period and shall be continuously open to inspection, examination or audit, subject to subscriber
privacy rights pursuant to Section 631 of the Cable Act, by any duly authorized representative
of the City or member of the public.
E. Grantee rules and regulations: The Grantee shall have the authority to promulgate such rules,
regulations, terms and conditions govermng the conduct of its business as shall be reasonable and
necessary to enable the Grantee to exercise its rights and perform its obligations under this article
and any franchise granted hereunder.
1. Rules to be ~n conformance w~th other regulations: None of such rules. regulations, terms and
conditions promulgated under subsect~on (f} above shall be in conflict w~th the provisions here-
of or the laws of the state, or the Rules and Regulations of the Federal Commumcations
Commission or any rules and regulations promulgated by the City in the exercise of their
regulatory authority granted hereundor.
2. All rules to be filed w~th City: Three (3) copies of all rules, regulations, terms and conditions
promulgated under subsect~on (f) above, together w~th any amendments, additions or deletions
thereto, shall be kept currently on file with the City Clerk and another copy thereof shall be
maintained for public inspection during normal business hours at Grantee's office in the City
and the copy shall be provided to the Broadband Telecommunications Commission; no such
rules, regulations, terms, conditions or amendments, additions or deletions thereto shall take
effect unless and until so filed and maintained. This paragraph is not intended to apply to the
Company's personnel and other internal rules and regulations.
F. Subscribers' antennas: The Grantee shall not require the removal or offer to remove or provide
any inducements for removal of any potential or existing subscriber's antenna as a condition of
provision of service.
G. Antenna switch: The Grantee, upon request from any subscriber, shall install at a reasonable
charge a switching device to permit a subscriber to continue to utilize the subscribers own
television antenna.
H. Service response and rebate: The Grantee shall provide "same day service" response, seven {7)
days a week for all complaints and requests for repairs or adjustments received prior to 2:00 p.m.
each day. In no event shall the response time for calls received subsequent to 2:00 p.m. exceed
twenty-four (24) hours.
Ordinance No. 95-3700
Page 11
I. State of the art: This section shall be reviewed by the City during its triennial reviews whose
timeframes are set forth in Section 1 2-4-4 (C). In the event that the Grantee, its parent company,
management firm or affiliates have installed state of the art imerovements in any system of similar
size owned by Grantee, its parent company, management firm or affiliates, which increase channel
capacity and provide additional cable service, make hi-directional capacity operational from the
home. provide improvements in technological performance. provide for interacbve services, and/or
other substantial improvements. then the Grantee shall make said improvements available to the
City of Iowa City subscribers within one (1| year.
The City shall hold a hearir, g to determine whether state of the art technology is required
hereunder. Such hearing shall afford the Grantee an opportunity to make a presentation on the
state of the art and whether the conditions specified herein indicate that a state of the art change
is needed. The City may require the Grantee to implement state of the art changes which meet
the threshold specified herein.
Sec. 12-4-8: Rights reserved to the City.
A. Governing requirement: At all t~mes during the term of the franchise, Grantee shall comply with
all laws, rules or regulations of the City, state or federal governments, their regulatory agencies
or commissions which are now applicable or may be applicable hereafter to the construction and
operation of the cable communications system, including without limitation, all laws, ordinances,
or regulations now in force or hereafter enacted. Nothing herein shall be deemed a waiver of
Grantee's right to challenge the vahdity of any such law, rule or regulation.
B. Change in law or regulation: Notwithstanding any other provisions of this ordinance to the
contrarv, the Grantee shall at all times comply with all laws and regulations of the local, state and
federal government. In the event that any actions of the state or federal government or any
agency thereof, or any court of competent jurisdiction upon final adjudication, substantialIV reduce
m any way the power or authority of the City under this ordinance or the franchise, or if in
compliance with any local, state, or federal law or regulation. the Grantee finds conflict with the
terms of this ordinance, the franchise. or any law or regulation of the City, then as soon as
possible following knowledge thereof, the Grantee shall notify the City of the point of confhct
believed to exist between such law or regulation and the laws or regulations of the City, this ordi-
nance and the franchise. The City, at its option. may notify the Grantee that it wishes to
negotiate those provisions which are affected ~n any way by such modification in regulations or
statutory authority. Thereafter, the Grantee shall negotiate in good faith with the C~ty in the
development of alternate provisions whmh shall fairly restore the City to the maximum level of
authority and power permitted by law. The C~ty shall have the right to modify any of the
provisions to such reasonable extent as may be necessary to carry out the full intent and purpose
of this ordinance and the franchise, subleCt to applicable federal and state law.
C. Authority: The City reserves the r~ght to exercise the maximum plenary authority, as may at any
time be lawfully permissible, to regulate the cable television system, the franchise and the
Grantee. Should applicable legislative, judicial or regulatory authorities at any time permit
regulation not presently permitted to the City, the C~ty and the Grantee shall negotiate in good
faith to determine what additional regulation by the City shall be permissible.
D. Right of amendment reserved to City: The City may from time to time, add to, roetidy or delete
provisions of th~s article as it shall deem necessary in the exercise of its regulatory powers.
Provided, however, such exercise of rights or powers subsequent to the effective date of a
franchise will not impair the rights of the Grantee thereunder, and if locally imposed, place an
undue financial burden on such Grantee. Such additions or revisions shall be made only after a
public hearing for which the Grantee shall have received written notice at least thirty (30) days
prior to such hearing.
E. Grantee agrees to City's rights: The City reserves every right and power which is required to be
reserved or provided by an ordinance of the City, and the Grantee by its acceptance of the
franchise agrees to be bound thereby and to comply with any action or requirements of the C~ty
in its lawful exercise of such rights or powers which have been or will be enacted or established,
subject to federal and state law.
F. City's right of intervention: The CiW shall have the right to intervene and the Grantee specifically
agrees by its acceptance of the franchise not to oppose such intervention by the City in any suit
Ordinance No. 95-3700
Page 12
or proceeding to which the Grantee is a party, provided, however, Grantee shall not be obligated
to indemnify the City for any such suit.
G. Powers of the City: Neither the granting of any franchise nor any provision governing the
franchise shall constitute a waiver or bar to the exercise of any governmental right or power of
the City.
H. Cit¥'s right of inspection: The City reserves the right during the life of any franchise granted
hereunder to inspect all system facilities and property and supervise all construction or installation
work performed subject to the provisions of this article and to perform network measurements
tO insure compliance with the terms of the article.
I. Cit~'s right of acquisition: Upon expiration of the term of the franchise or revocation or other
termination as provided by law, the City shall have the right to purchase the cable television
system as specified in Section 12-4-11,D.
Cit¥'s right of network installation: The City reserves the right during the life of any franchise
granted hereunder to install and maintain free of charge upon or in the poles and conduits of the
Grantee any wire and pole fixtures necessary for municipal networks, on the following conditions:
that such installation and maintenance thereof does not interfere with the operation of the
Grantee; that such fixtures be used for governmental and educational purposes, and the City
agrees to indemnify the Grantee for such use.
Sec. 12-4-9: Applications for franchise.
No franchise may be granted until the applicant has successfully completed the application
procedure.
A. Proposal bond and f/ling fee: All applicants must provide a proposal bond as required herein
and pay a nonrefundable filing fee to the City of ten thousand dollars {$10,000.00) the time
the application is submitted. This bond and filing fee does not apply to an incumbent operator
afforded renewal rights under Section 626 of the Cable Act.
B. Request for proposal.' All applicants must complete the request for proposal (RFP) issued by
the City which shall include but not be limited to the following:
1. Name and address of applicant: The name and business address of the applicant, date of
application and signature of applicant or appropriate corporate officer(s).
2. Description of proposed operation: A general description of the applicant's proposed oper-
ation, inc!uding but not hm~ted to business hours, operating staff, maintenance procedures
beyond those required m the article, management and marketing staff complement and
procedures and, if available, the rules of operation for public access. 3
Signal carriage: A statement of the television and radio services to be provided, including both
off-the-air and locally originated signals.
4. Special services: A statement setting forth a description of the automated serwces pro-
posed as well as a description of the funds, services, and production facilitms to be made
available by the Grantee for the public, municipal and educational channels required to be
made available by the provisions of this article.
5. Schedule of charges: A statement of the applicant's proposed schedule of charges as set
forth herein.
6. Corporate organization: A statement detailing the corporate organization of the applicant,
if any, including the names and addresses of its officers and directors and the number of
shares held by each officer and director.
7. Stockholders: A statement identifying the number of authorized outstanding shares of
applicant's stock including a current list of the names and current addresses of its share-
holders holding three (3%) per cent or more of applicant's outstanding stock.
8. Intra-company relationships: A statement describing all intra-company relationships of the
applicant, including parent, subsidiary or affiliated companies.
9. Agreements and understandings: A statement setting forth all agreements and un-
derstandings. whether written or oral, existing between the applicant and any other per-
son, firm. group or corporation with respect to any franchise awarded hereunder and the
conduct of the operatmn thereof existing at the time of proposal submittal.
10. Financial statement: If applicant is a corporation, audited financial statements for the two
(2) previous fiscal years. If applicant is a partnership, copies of the "U.S. Partnership
Return of Income" {IRS Form 1065) for the two (2) previous fiscal years. If the applicant
Ordinance No. 95-3700
Page 13
is a sole proprietorship, copies of the "U.S. Individual Income Tax Return" (IRS Form
1040) for the two (2) previous fiscal years.
11. Financial projection: A ten-year operations pro forma which shall include the initial and
continuous plant investment, annual profit and loss statements detailing income and
expenses, annual balance sheets and annual levels of subscriber penetration. Costs and
revenues anticipated for voluntary services shall, if presented, be incorporated in the pro
forma as required in th~s attic!e, but shall be separately identified in the pro forran.
12. Financial support: Suitable written evidence from a recognized financing institution,
addressed to both the applicant and to the City, advising that the applicant's financial
ability and planned operation have been analyzed by the institution, and that the financing
institution is prepared to make the required funds available to applicant if it is awarded a
franchise.
13. Construction timetable: A description of system construction including the timetable for
provision and extension of service to different parts of the City.
14. Technical description: A technical description of the type of system proposed by the
applicant, including but not limited to, system, configuration (i.e.) hub, dual cable), system
capacity, two-way capability, etc.
15. Technical statement: A statement from the applicant's senior technical staff member or
consultant advising that he/she has reviewed the network description, the network
technical standards, performance measurements, channels to be provided, service
standards, construction standards and conditions of street occupancy as set forth in or
required by this ordinance, and that the applicant's planned network and operations will
meet all said requirements.
16. Existing franchises: A statement of existing franchises held by the applicant including
when the franchises were issued and when the systems were constructed and the present
state(s) of the system(s) in each respective governmental unit, together with the name
and address and phone number of a responsible governmental official knowledgeable of
the applicant.
17. Convictions: A statement as to whether the applicant or any of its officers or d~rectors
or holders of three (3) per cent or more of its voting stock has in the past ten (10) years
been convicted of or has charges pending for any crime other than a simple misdemeanor
traffic offense, and the disposition of such case.
18. Operating experience: A statement datacling the prior cable television experience of the
apphcant including that of the apphcant's officers, management and staff to be asso-
ciated, where known, w~th the proposed franchise.
19. Franchise renewal information: Subject to Section 626 of the Cable Act, if an application
is for renewal of a franchise, the proposal must include, in addition to the information
required in subsections (1) through (18) above:
a. A summary of the technical, financial and programming history of the network since
the granting of the original franchise.
b. A statement and t~metable that outhnes all proposed changes, expansion or improve-
ments in the system as to services, programming or technical specifications during the
forthcoming three-year rewew period.
C. Special inte[ests: In order to maximize the potential of the cable television system,
comparative evaluations of applications will reflect the City's special interest in the following
areas:
1. Programming and production assistance: A proposal for funding facilities, equipment or
personnel beyond those required elsewhere to be designated to effect and promote public,
educational, and government access, and community programming development.
2. Discrete carriage capacity: A proposal for the origination, experimental uses and/or
interconnection by or of agencies specified in Section 1 2-4-17 for specialized needs and
a plan accommodating such future needs as may arise.
3. Bi-directional capacity: A proposal for effectuating the cable television system's bi-
directional capacity and integration of the Cit¥'s interactive system.
Ordinance No. 95-3700
Page 14
4. Multi-origination: A proposal for system construction in such a way that it is possible to
allow occasional simultaneous cablecasting of different programs on the same channel to
different parts of the City.
5. University of Iowa: A proposal for interconnecting the City's cable television system with
a University of Iowa cable network as specified by the university so that residents of the
City will benefit from the university's resources.
Converters: A proposal for inclusion of converters or other subscriber technology as part
of the basic service.
7. Institutional network: A proposal to provide hi-directional interconnection of video, voice,
audio and data among public sector locations and interconnect to the subscriber network.
8.Home interactive: A proposal to provide two-way services to subscribers homes.
D. Additional requirements: The application for franchise shall respond specifically, and in
sequence, to the RFP. Twenty (20) copies of the applicahon shall be supphed to the City. The
City mav, at its discretion, consider such additional informebon as part of the application.
E. Supplementation to applications: The City reserves the right to require such supplementary,
additional or other information as the Citv deems reasonably necessary for its determinations.
Such modifications, deletions, additions or amendments to the application shall be considered
only if specifically requested by the City.
Sec. 12-4-10: Acceptance and effective date of franchise.
A. Franchise acceptance procedures: Any franchise awarded hereunder and the rights, privileges and
authority granted thereby shell take effect and be in force from and after the sixtieth (60th) day
following the award thereof, provided that within sixty (60) days following award from the
effective date the Grantee shall file w~th the City the following:
1. A notarized statement by the Grantee of unconditional acceptance of the franchise, and
2. A certificate of ~nsurance as set forth in Section 12-4-14, and
3. A letter of credit as set forth in Section 12-4-15 herein, and
4. Reimbursement to the City for the costs of publication of th~s article, and cost of the initial
franchising process, and
5. Written notification of the Grantee's Incat&on and address for mail and official notifications
from the City.
B. Forfeiture of proposal bond.' Should the Grantee fad to comply with subsection (A) above, ~t shall
acquire no r~ghts, priwleges or authority under this article whatever, and the amount of the
proposal bond or certified check m lieu thereof, submitted with ~ts application, shall be forfeited
in full to the City as liquidated damages.
C. Grantee to have no recourse: The Grantee shall have no monetary recourse whatsoever against
the C~ty for any loss, cost, expense or damage arising out of any provision or requirement of this
article or its regulation or from the C~tv's lawful exercise of its authority to grant additional
frenchroes hereunder. This shall not include neghgent acts of the C~ty, its agents or employees.
D. Acceptance of power and authority of City: The Grantee expressly acknowledges that in
accepting any franchise awarded hereunder, it has relied upon its own investigation and
understanding of the power and authority of the City to grant th~s franchise.
E. Inducements not offered: The Grantee, by accepting any franchise awarded hereunder
acknowledges that it has not been induced to enter into the franchise by any understanding or
promise or other statement, whether verbal or written, by or on behalf of the City concerning any
term or condition of this franchise that is not included in this article.
Sec. 12-4-11: Termination of franchise.
A. Grounds for revocation: The City reserves the right to revoke any franchise and rescind all rights
and privileges associated with the franchise in the following cncumstances:
1. If the Grantee should default in the performance of any of its material obligations under this
article or the franchise and fails to cure the default within sixty (60) days after receipt of
written notice of the default from the City, or such longer time as specified by the City.
2. If the Grantee should fail to provide or maintain in full force and effect the construction bond,
letter of credit and liability and indemnification coverages as required in this article.
3. If a petition is filed by or against the Grantee under the Bankruptcy Act or any other
insolvency or creditors' rights law, state or federal, and the Grantee shall fail to have it dis-
missed.
Ordinance No. 95-3700
Page 1 5
4. if a receiver, trustee or liquidator of the Grantee is applied for or appointed for all or part of
the Grantee's assets.
5. If the Grantee makes an assignment for the benefit of creditors.
6. if the Grantee violates any order or ruling of any State or Federal regulatory body having
jurisdiction over the Grantee, unless the Grantee or any party similarly affected is lawfully
contesting the legality or applicability of such order or ruling and has received a stay from a
Court of appropriate jurisdiction.
7. if the Grantee evades any of the provisions of this ordinance or the franchise.
8. If the Grantee practices any fraud or deceit upon the City or cable subscribers.
9. Subject to Sections 12-4-19 and 12-4-20, if the Grantee's construction schedule is delayed
later than the schedule contained in the franchise or beyond any extended date set by the
City.
10. If the Grantee materially misrepresents facts in the application for a franchise.
11. If the Grantee ceases to provide services over the cable communications system for seven
(7) consecutive days for any reason within the control of the Grantee.
12. If the Grantee fails to comply with any material access provisions of th~s ordinance or the
franchise.
B. Procedure prior to revocation: Upon the occurrence of any of the events enumerated in
subsecbons (A)(1), (2), (11 ), (12), and (13) of this section, the City Council may, after hearing,
upon thirty (30) days' written notice to the Grantee citing the reasons alleged to constitute cause
for revocation, set a reasonable time in which the Grantee must remedy the cause. If, during the
thirty-day period, the cause shall be cured to the satisfaction of the City, the City may declare the
nohce to be null and void. If the Grantee fails to remedy the cause w~thin the time specified, the
Councd may revoke the franchise. In any event, before a franchise may be terminated, the
Grantee must be provided with an opportunity to be heard before the City Council.
C. Effect of pending litigation: Unless a stay ~s issued by a Court of appropriate jurisdiction, pending
litigation or any appeal to any regulatory body or court having jurisdiction over the Grantee shall
not excuse the Grantee from the performance of its obligations under th~s ordinance or the
frenchroe. Failure of the Grantee to perform matehal obligations because of pending litigation or
petihon may result in forfeiture or revocation pursuant to the prowsions of th~s section.
D. Purchase of system by City: If a renewal of a franchise held by a Grantee is den~ed and the City
acquires ownership of the cable system or effects a transfer of ownership of the system to
another person, any such acquisition or transfer shall be:
1. At fair market value. determined on the basis of the cable system valued as a going concern
but w~th no value allocated to the franchise itself, or
2. In the case of any franchise existing on the effective date of th~s t~tle, at a price determined
in accordance with the franchise ~f such franchise contains provisions applicable to such an
acquisition or transfer.
If a franchise held by the Grantee is revoked for cause and the C~tV acquires ownership of
the cable system or effects a transfer of ownership of the svstem to another person, any such
acquisition or transfer shall be at an equitable price.
E. Restoration of public and private propertw In removing its plants, structures and equipment, the
Grantee shall refill at its own expense any excavation made by it and shall leave all public ways
and places and private property in as good condition as existed prior to the Grantee's removal of
its equipment and appliances, without affecting the electric or telephone cables, wires or
attachments. The City shall inspect and approve the condition of the pubhc ways and public
places and cables, wires, attachments and poles after removal. Liability insurance, indemnity, the
performance bond and security fund provided ~n this article shall continue in full force and effect
during the period of removal.
F. Restoration by City, reimbursement of costs: If the Grantee fails to complete any work required
by subsection (D) above or any work required by other law or ordinance within the time
established and to the satisfaction of the City, the City may cause such work to be done and the
Grantee shall reimburse the City the costs thereof within thirty (30) days after receipt of an
itemized list of such costs, or the City may recover such costs as provided in this article.
G. Lesser sanctions: Nothing shall prohibit the City from imposing lesser sanctions or censures than
revocation.
Ordinance No. 95-3700
Page 16
H. Expiration; extended operation: Upon the expiration of a franchise, the City may, by resolution,
on its own motion or request of the Grantee, require the Grantee to operate the franchise for an
extended period of time not to exceed six (6) months from the date of any such resolution under
the same terms and conditions as specified in this ordinance and the franchise. All provisions
shall continue to apply to operabens during an extension period. The City shall serve written
notice at the Grantee's business office of intent to extend under this section at least thirty (30)
days prior to expiration of the original franchise or any extensions thereof.
Sec. 12-4-12: Reports and records of the Grantee.
A. Annual financial reports required: The Grantee shall file annually with the City Clerk not later than
three (3) months after the end of ~ts fiscal year during which it accepted a franchise hereunder
and within four (4) months after the end of each subsequent fiscal year, two (2} copies of:
1. The report to its stockholders; and
2. An annual, fully-audited and certified revenue statement from the previous calendar year for
the Iowa City system, including subscriber revenue from each category of service and every
source of non-subscriber revenue.
B. Annualfacrlities report required: Within thirty (30) days of a request by the City, the Grantee shall
hie annually with the City Clerk two (2) copies of a total facilities report setting forth the total
physical m~les of plant installed or in operation during the fiscat year and a strand map showing
the location of same.
C. Annual service record report required: The Grantee shall make available to the City for its
inspection at the Grantee's office, a list of all trouble complaints and network "downbme"
received or experienced during the fiscal year. All such submitted data shall also include
complaint disposition and response time.
D. Annualmeasurements report required: The Grantee shall within thirty (30) days of a request by
the City, provide two (2) copies of a report on the network's technical measurements, as set forth
hermn.
E. Tests required by City: Technical tests required by City as spec~hed in this ordinance and the
franchise shall be submitted w~thm fourteen (14) days of notihcation.
F. Annual operations reports required: The Grantee shall hie annually w~th the City Clerk not later
than three (3) months after the end of its fiscal year dunng whmh it accepted a franchise
hereunder and within four (4) months after the end of each subsequent fiscal year two (2) cop~es
of the following supplemental ,nformation:
1. If a nonpubhc corporation, a hst of all current shareholders and bondholders both of record
or beneficial. If a pubhc corporaben, a list of all shareholders who ~ndividuall¥ or as a
concerted group hold five (5} per cent or more of the voting stock of the corporaben.
2. A current list of all Grantee's officers and directors including addresses and telephone
numbers.
3. The names of both business and residential addresses and phone numbers of the cable
telews~on system resident manager and engineer.
4. Two (2} copies of all types of subscriber agreements. Cop~es of ind~wdual subscribers'
agreements are not to be bled with the City.
5. Copms of all rules and regulations promulgated by the Grantee during the fiscal year in the
conduct of its business in accordance with the prows)ohs of this ordinance.
6. A copy of the annual report(s) of the parent firm(s) which own an interest of more than three
(3) per cent or more of the voting stock of the Grantee; and such other annual report(s) of
subsidiaries or d,visions of the parent firm(s) as the City deems necessary for the enforcement
of thin ordinance and the franchise.
G. Annualsubscribernotification: Copies of all annual subscriber notifications required by the Federal
Communications Commission.
H. Application for certificate of compliance: The Grantee shall give formal notice to the City that it
is seeking a certificate of compliance from the Federal Commumcations Commission. Within five
(5) calendar days upon filing such a request with the Federal Communications Commission, the
Grantee shall file two {2) copies of its application for certification with the City Clerk.
Public availability of reports: Such documents and reports as required under this article must be
available to the public in the office of the City Clerk, during normal business hours. Subscribers
Ordinance No. 95-3700
Page 17
shall be notified of the availability of such reports in ways approved by the Broadband Tale.
communications Commission.
J. Correspondence: The Grantee shall, upon request of the City, file with the City Clerk a copy of
each petition, application and communications transmitted by the Grantee to, or received by the
Grantee from, any federal, state or other regulatory commissions or agencies having competent
jurisdiction to regulate and pertaining to the operations of any cable television system authorized
hereunder.
K. City's access to records:
1. The City reserves the right during the life of any franchise granted hereunder to have access,
necessary for the enforcement of the ordinance and the franchise, at all normal business
hours and, upon the giving of reasonable notice, to all of the Grantee's books, necessary for
the enforcement of contracts, engineering plans, income tax returns, accounting reports,
financial statements and service records and other like materials relating to the property and
the operation under the franchise, and to all other records required to be kept hereunder.
Nothing contained herein shall prevent the Grantee from enjoining the City from reviewing
documents relating to proprietary interests not related to its operation under this article in the
City's regulatory program.
2. Additional reports. The Grantee shall prepare and furnish to the City at the times and in the
form prescribed, such additional reports with respect to its operation, affairs, tr,3nsactions or
property, as may be reasonably necessary and appropriate to the performance of any of the
rights. functions or duties of the City in connection with this ordinance or the franchise.
3. The Grantee acknowledges that the reports, books and records which must be prepared and
furnished to the City in connection wtth this ordinance or a franchise granted under the ordi-
nance may constitute "public records" under state law and the Grantee may be required to
permit examination and copying of such records upon request. If the City receives a demand
from any person for d~sclosure of any ~nformation which the Grantee has designated as
confidential. the City shall immediately advise the Grantee of the request and provide the
Grantee with a copy of any written request.
L. Proof of bonds and insurance: Grantee shall submit to the City the required bond, or a certified
copy thereof and all certificates of insurance reqmred by th~s ordinance.
Sec. 12-4-13: Franchise payment.
A. Filing fee: Apphcants for an initial franchise hereunder shall pay a nonrefundable filing fee to the
City of ten thousand dollars ($10,000.00) which sum shall be due and payable at the hme of
submission of the application.
B. Franchising compensation: Grantees of a franchise hereunder shall provide an ~nitial payment to
the City in an amount equal to the direct costs of granting the initial franchise including but not
limited to consultants fees, whmh sum shall be due and payable concurrently with the Grantee's
acceptance of the franchise, to offset the C~ty's costs in the franchise awarding process.
C. ,annual franchise payment: Grantees of a franchise hereunder shall pay to the City an annual fee
~n an amount equal to five (5) per cent of the "annual gross revenues," as dehned herein, in lieu
of all other City's permits and fees, to be utihzed by the City to offset its cable television related
regulatory and adminmtrative costs and to maximize awareness and use of the public, education,
and governmental access and mshtut~onal network capacity. If the maximum franchise fee
allowed by law is greater than five (5) percent, the City may require the higher amount. The fran-
chise payment shall be in addition to any other payment owed to the C~ty by the G~antee and shall
not be construed as payment in lieu of municipal property taxes or other state, county or local
taxes. The City shall provide the Grantee written notice forty-five (45) days prior to collection of
an increased franchise fee.
D. Method of computation; interest:
1. Sales taxes or other taxes levied directly on a per subscription basis and collected by the
Grantee shall be deducted from the local annual gross revenues before computation of sums
due the City is made. Payments due the City under the provisions of subsection C. above
shall be computed quarterly as of March 31, June 30, September 30 and December 31 for
the respective quarters of each year ending on said dates and shall be paid quarterly within
three (3) months after each respective computation date at the office of the City Clerk during
the City Clerk's regular business hours. The payment period shall commence as of the
Ordinance No. 95-3700
Page 18
effective date of the franchise. The City shall be furnished a statement with each payment,
by the Grantee's Division Controller, reflecting the total amounts of gross revenue and the
above charges, deductions and computations, for the quarterly payment period covered by
the payment.
2. In the event that any payment is not made as required. interest on the amount due, as
determined from the annual gross revenues as computed by a certified public accountant shall
accrue from the date of the required submittal at an annual rate of twelve (12) per cent. The
percentages designated in this section may be amended no more than once each year by the
City Council, consistent with increased costs for municipal facilities and superwsion and
applicable rules of other regulatory agencies.
E. Rights of recomputation: No acceptance of any payment by the City shall be construed as a
release or as an accord and satisfaction of any claim the City may have for further or additional
sums payable as a franchise fee under th~s article of for the performance of any other obligation
of the Grantee. All amounts paid shall be subject to audit and recomputation by the City.
Sec. 12-4-14: Liability and indemnification.
A. Indemnification of franchise: It shall be expressly understood and agreed by and between the City
and any Grantee hereunder that the Grantee shall save the City harmless from all loss sustained
by the C~ty on account of any suit, judgment, execution, claim or demand which the City may
legalIv be required to pay as a result of the enactment of th~s article and the award of a franchise
to Grantee, except as such suit, judgment, execution, claim or demand may arise from the process
or action of selection of a Grantee or Grantees for award of a franchise as provided herein.
B. indemnification of City in franchise operation: It shall be expressly understood and agreed by and
between the City and any Grantee hereunder that the Grantee shall save the City and its agents
and employees harmless from and against all claims, damages, losses and expenses, including
attorney's fees sustained by the City on account of any suit, judgment, execution, claim or
demaed whatsoever arising out of the installation, operation or maintenance of the cable television
system by the Grantee. its employees or agents, as authorized herein, whether or not any act or
om~ss~0n complained of is authorized, allowed or prohibited by this article and any franchise
granted hereunder. Th~s prowsion shall not apply to acts of the C~ty, ~ts agents or employees.
C. Reimbursement of costs: The Grantee shall pay and by ~ts acceptance of any franchise granted
hereunder agrees that .t will pay all expenses and costs recurred by the City in defending the City
with regard to all damages and penalties mentioned in subsections (a) and (b) above except as
such expenses may anse from the process (as above). Should the City decide to h~re its own
defense, such expenses will be borne by the City.
D. Public liability insurance: The Grantee shall maintain and by ~ts acceptance of any franchise
granted hereunder agrees that it wdl maintain throughout the term of the franchise, any
extensions thereto or as required in this ordinance, a general comprehensive habdity insurance
policy naming as the additional insured the City, its officers, boards, commissions, agents and
employees, in a company registered m the State of Iowa, and which maintains a BEST's rating
of "A-" or better, in forms satisfactory to the City Manager, protecting the City and all persons
against liability for loss or damage, occasioned by the operations of Grantee under any franchise
granted hereunder, in the amounts of:
1. Two milhon ($2,000,000.00) for bodily injury or death to any one person, within the limit,
however, of three million dollars ($3,000,000.00) for boddy injury or death resulting from any
one accident, and
2.One million ($1,000,000.00) for property damage resulting from any one accident.
E. Automobile liabilityinsurance: The Grantee shall maintain, and by its acceptance of any franchise
granted hereunder specifically agrees that it will maintain throughout the term of the franchise,
automobile liability insurance for owned, non-owned, or rented vehicles in the minimum amount
of:
1. $1,000,O00 for bodily injury and consequent death per occurrence;
2. $1,000,O00 for bodily injury and consequent death to any one person; and
3. 8500.000 for property damage per occurrence.
F. Insured: At any time during the term of the franchise, the City may request and the Grantee shell
comply with such request, to name the City as an additional insured for all insurance policies
written under the provisions of this ordinance or the franchise.
Ordinance No. 95-3700
Page 19
G. Inflation: To offset the effects of inflation and to reflect changing liability limits, all of the
coverages, limits, and amounts of the insurance provided for herein are subject to reasonable
increases at the end of every three (3) year period of the franchise, applicable to the next three
year period, at the sole discrattan of the City, upon a finding by the City of increased insurance
risks requiring such changed limits.
H. Notice of cancellation or reduction of coverage: The insurance policies mentioned above shall
contain an endorsement stating that the policies are extended to cover the liability assumed by
the Grantee under the terms of this article and shall contain the following endorsement:
"Th~s policy may not be canceled nor the amount of coverage thereof reduced until thirty
(30) days after receipt by the City Manager of a written notice of such intent to cancel
or reduce the coverage."
I. Evidence of insurance filed with City Manager: All certificates of insurance shall be filed and
maintained with the City Manager during the term of anv franchise granted hereunder or any
renewal thereof.
Extent of liability: Neither the provisions of this article nor any insurance accepted bV the C~ty
pursuant hereto, nor any damages recovered by the City thereunder. shall be construed to excuse
faithful performance by the Grantee or limit the liability of the Grantee under any franchise issued
hereunder or for damages, either to the full amount of the bond or otherwise.
K. Insurance for contractor end subcontractors: Grantee shall provide coverage for any contractor
or subcontractor involved in the construction. installation, maintenance or operation of its cable
commumcations system by e~ther obtaining the necessary endorsements to its insurance policies
or requinng such contractor or subcontractor to obtain appropriate insurance coverage consistent
with th~s section and appropriate to the extent of ~ts involvement in the construction, installation,
maintenance or operation of Grantee's cable communications system.
Sec. 12-4-15: Bonds.
A. Proposal bond: Each applicant for an initial franchise hereunder shall submit a proposal bond in
a form acceptable to the City Manager or a certified check on a bank that is a member of the
Federal Deposit Insurance Corporation, payable to the order of the C~ty in an amount of twenty-
five thousand dollars ($25,000.00). Said bond shall remain in effect until such time as the
applicant accepts the franchise and furnishes both the construction bond and the letter of credit
as provided herein.
B. Construct/on bond: The Grantee shall maintain and by its acceptance of any franchise granted
hereunder agrees that it will maintain through the rebuild or construction of the cable televismn
system as required by th~s ord,nance, a faithful construction bond running to the City, with at
least (2) good and sufficient sureties or other financial guaranties approved by the Citv Manager,
in the penal sum total of one million dollars ($1,000,000.00) conditioned upon the faithful perfor-
mance of the Grantee in the construction or rebuild of a cable telewsion system complying with
re{ated prowsruns of this ordinance end the franchise. and upon the further condition that if the
Grantee shall fail to comply with anv law, ordinance or regulation govermng the construction or
rebuild of the cable television system, there shall be recoverable 1ointlv and severally from the
principal and surety of the bond, any damages or loss suffered by the City as a result, including
the full amount of any compensation, indemnification, or cost of repair, construction, removal or
abandonment of any property of the Grantee, plus a reasonable allowance for attorney's fees and
costs, up to the full amount of the bond. In addition, failure to meet construction deadlines shall
result in forfeiture of said bond or withdrawal from the construction bond. The bend shall contain
the following endorsement:
"This policy may not be canceled nor the amount of coverage thereof reduced until thirty (30)
days after receipt by the City Manager of a written notice of such intent to cancel or reduce
the coverage."
C. Release of the bond: Upon the City's determination that the construction or rebuild of a cable
television system ~s complete, the Grantee shall be notified by the City that the bond required
under this section shall be released.
D. Letter of credit:
1. The Grantee shall obtain, maintain, and file with the City an irrevocable letter of credit from
a financial institution acceptable to the City and licensed to do business in the State in an
amount of seventy-five thousand ($75,000.00), naming the City as beneficiary for the faithful
Ordinance No. 95-3700
Page 20
performance by it of all the provisions of this franchise and compliance with all orders,
permits and directions of any agency of the City having jurisdiction over its acts or defaults
under this contract and the payment by the Grantee of any claims, liens and taxes due the
C~ty which arise by reason of the construction, operation or maintenance of the system. The
letter of credit shall be released only upon expiration of the franchise or upon the replacement
of the letter of credit by a successor Grantee.
2. Within thirty (30) days after notice to it that any amount has been withdrawn from the letter
of credit pursuant to subsection D.1. of this section, the Grantee shall pay to, or deposit with,
the City Clerk a sum of money or securities sufficient to restore such security fund to the
original amount of seventy-five thousand dollars ($75,000.00) up to a total during the
franchise term of $500,000.
3. If the Grantee fails to pay to the City any compensation required pursuant to this article
within the time fixed herein; or, fails, after ten {10) days' notice to pay to the City any taxes
due and unpaid; or, fails to repay to the City, within such ten (10) days, any damages, costs
or expenses which the City shall be compelled to pay by reason of any act or default of the
Grantee in connection with th~s franchise; notice of such failure by the office of the City
Manager, to comply with any provisions of this contract which the office of the City Manager
reasonably determines can be remedied by an expenditure of the letter of credit, the City
Clerk mav ~mmediately withdraw the amount thereof. w~th interest and any penalties, from
the security fund. Upon such w~thdrawal, the City Clerk shall notify the Grantee of the
amount and date thereof.
4. If the Grantee wishes to contest withdrawal, the Grantee may pebtion to the Broadband
Telecommumcations Commission for a hearing within ten (10) days from date notice of with-
drawal is mailed or otherwise given.
E. Replenishment of letter of credit and construction bond: No later than thirty (30) days, after
mailing to the Grantee by certified ma~l notification of a withdrawal pursuant to paragraphs C and
D above, and after the total amount of funds in the letter of credit is $50,000, the Grantee shall
replenish the letter of credit or construction bond in an amount equa! to the amount so withdrawn.
Failure to make timely replenishment of such amount to the letter of credit and construction bond
shall constitute a violation of this Ordinance.
Sec. 12-4-16: Fees, rates and charges.
A. Schedule frlings: Subject to Federal law, Grantee shall hie with the City schedules whmh shall
describe all services offered, all rates and charges of an,/ k~nd, and all terms and conditions
relating thereto. No rates or charges shall be effective except as they appear on a schedule so
filed. Grantee shall notify the City and subscribers m writing at least thirty (30) days prior to the
~mplementation of any change in serwces offered, rates charges, or terms and conditions related
thereto.
B. Nondiscriminatory rates: Grantee shall establish rates that are nond~scriminatory within the same
general class of subscribers which must be applied fairly and undotruly to all subscribers in the
franchise area for all services. Nothing contained herein shall prohibit the Grantee from offering
(~) discounts to commercial and multiple family dwelling subscribers billed on a bulk basis; (ii)
promotional discounts; (iii) reduced installation rates for subscribers who have multiple services;
or (iv) discount for semor citizens and/or low income residents. Grantee's charges and rates for
all services shall be ~temized on subscriber's monthly bills.
C. City regulation: To the extent that federal or state law or regulation may r. ow, or as the same
may hereafter be amended to, authorize the City to regulate the rates for any particular service
tiers, service packages, equipment. or any other services provided by Grantee, the City shall have
the right to exercise rate regulation to the full extent authorized by law, or to refrain from
exercising such regulation for any period of time, at the sole discretion of the City.
Rate regulation of the basic tier and charges: The City w~11 follow FCC Rate Regulations including,
but not limited to, Report and Order, In the Matter of Implementation of Sections of Cable
Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket 92-
266, FCC 93-177 (released May 3, 1993), or as hereafter amended by the FCC from time to time.
In connection with such regulation, the City will ensure a reasonable opportunity for consideration
of the views of interested parties; and the City Attorney, or designee, is authorized to execute on
Ordinance No. 95-3700
Page 21
behalf of the City and file with the FCC such certification forms or other instruments as are now
or may hereafter be required by the FCC Rate Regulations.
E. Ability to petition: If applicable, the City shall have the right to petition the Federal Communica-
tions Commission or other appropriate agency or organization to obtain rate regulation authority
or to petition the federal body to review or regulate rates in the City.
F. Notification of charges.' The Grantee may establish charges for its services not specified in
subsection (a) above; however, all such charges, including but not limited to additional service,
leased channel, discrete channel, and production rates shall be made public and two (2) copies
of the schedule of charges, as originally and thereafter modified, shall be filed with the City Clerk
thirty (30) days prior to the effective date of such changes.
G. Deposits on advance payments to be approved: The Grantee shall receive no deposit, advance
Pavment or penalty from an,/subscriber or potential subscriber other than those established in the
schedule of charges previously filed with and/or approved by the City Council.
H. Purchase of switch: In the event that the FCC does not regulate antenna switches, and/or that
a sw~tch or other appurtenant dewce ~s required to permit subscribers to receive full broadcast
network service, the Grantee shall give the subscriber the option of purchasing the switch at a
reasonable cost at the time of initial installation thereof. or of purchasing said switch or other
appurtenant dewce at the then prevailing local installment plan interest rate. The Grantee hereby
agrees to allow the subscriber to provide a switch or other appurtenant device at its subscriber
terminal, provided that such device meets with the approval of the Grantee. Such approval shall
not be withheld if it is shown that such device does not interfere w~th the operation of the cable
television system. If the subscriber elects not to purchase or provide said switch or other
appurtenant device, the Grantee may make an additional charge for the rental of such sw~tch or
other appurtenant device providing that the additional charge is in accordance with the schedule
of charges contained in the Grantee's application for a franchise hereunder or hereafter shall be
bled with and approved by the City.
I. Subscriber refunds in addition to those authorized by the FCC:
1. If any subscriber of the Grantee of less than ten (10) days terminates services due to the
Grantee's failure to render service to such subscriber of a type and technical qualitv provided
for herein;
2. If service to a subscnber is terminated by the Grantee without good cause; or
3. If the Grantee ceases to provide serwce for twenty-four hours or more, the cable television
system authorized herein for any reason except termination or expiration of a franchise grant-
ed hereunder;
The Grantee shall refund to such subscriber an amount equal to the monthly charge, installation
and connection charge paid by such subscriber m accordance with the then-existing schedule of
charges.
J. Disconnection: Except as prowdad by FCC rate regulation, there shall be no charge for
disconnection of any installation or outlet. If any subscnber fa~ls to pay a properly due monthIv
subscriber fee, or any other properiv due fee or charge, the Grantee may disconnect the subscri-
her's service outlet. Such disconnect[on shall not be effected until forty-five (45) days after the
due date of sa~d delinquent fee or charge, and after adequate written notice of the intent to
disconnect has been delivered to the subscriber in question. Upon payment of charges due and
the payment of a reconnection charge, if any. the Grantee shall promptly reinstate the subscriber's
cable service after request by subscriber.
K. Rates subject to other regulations: The Grantee in submitting its request for approval of initial
rates or any subsequent rates shall do so for basic service and related equipment to be performed
to or for subscribers described in this ordinance. If FCC rules and regulations, or any other
applicable laws or regulations, shall subsequently determine that the City of Iowa City has
jurisdiction over other services or service to be offered or performed, said rates shall be subject
to approval by the City at that time.
L. Reduction of fees: If during the term of any franchise or renewal thereof granted hereunder, the
Grantee receives refunds or if the cost of operation to the Grantee is reduced as a result of an
order of any regulatory body having competent jurisdiction, the Grantee shall pass on to its sub-
scribers on a prorated basis any such savings or reduced costs pursuant to FCC regulation.
M. Rate change procedures:
Ordinance No. 95-3700
Page 22
1. Limitation on application for increase in rates: The Grantee shall not, unless allowed by FCC
regulations, file more than one application for an increase in fees, rates or charges during any
calendar year except to seek relief from the imposition of federal, state or local taxes or other
legally imposed fees not contemplated m the most recent rate determination.
2. Review of rates: The Broadband Telecommunications Commission shall review the Grantee's
schedule of fees, rates or charges that are within the Cit¥'s regulatory jurisdiction, upon
application by the Grantee as herein provided or at any time on its own motion. The
Broadband Telecommunications Commission shall submit such schedule and any contemplat-
ed modifications thereof, together with its recommendations, to the C~ty Counc,I as expressed
in such a resolution. The City Counc,I may, pursuant to FCC regulations, reduce or increase
such fees, rates or charges adopted for this purpose and, unless allowed by FCC regulation,
no change in the Grantee's schedule of fees, rates or charges shall be effect,re without prior
action of the Broadband Telecommumcations Commission and the approval of the Council.
No such resolution shall be adopted without prior public notice and opportunity for all
interested members of the public, including the Grantee, to be heard, subiect to the
procedures set forth in th~s ordinance. No change in City regulated fees, rates and charges
shall take effect until thirty (30) days after the approval of the rates by the C~t¥ Councd.
3. Documentation of request for increase: Any increase requests, in addition to other factors
described in this section, shall be supported by a showing of increased costs for the ex~stmg
services or proposed services and shall be filed in two (2) copies with the City Clerk. If a
Grantee requests a change, ,t shall present in detail in writing the statistical basis, in addition
to other requirements as set out in this section, for the proposed fee change in accordance
with FCC rules.
4. Records to be made available: For the purposes of determ~mng the reasonableness of Grantee
fees, rates or charges, Grantee records relating the same shall be made available to the City.
Sec. 12-4-17: Public, education and government connection to cable television system.
The Grantee shall provide upon request within the City one connection and monthly service for
"basic service" and all non-pay services to such public, parochial and nonprofit private schools, the
University of Iowa, C~t¥ designated public access facility, City and other government buildings and
other agencies, provided that such designated Iocat,ons are within two hundred (200) feet of any
network cable route. Initial installation shall be without charge. Rates for monthIv service to
resident,el or liwng units within such entities may be negotiated w,th each such entity. The Grantee
may charge for anv excess footage on the basis of time and matedel for any such locations beyond
the two hundred-foot limitation if such connection is designated by the City. The City reserves the
r~ght for itself and the above ent~t~es at their individual expense to extend serwce to as many areas
withm such schools, buildings and agencies as it deems desirable w~thout payment of any additional
installation fee or monthly fee to Grantee. All such extensions, however, shall be accomplished in such
a way so as not to interfere with the operation of the cable telewsion system. Institutions receiving
free drops will consult with Grantee on the technical standards to be used for such extensions. The
Grantee shall complv with the public, educat,onal and government access requirements specified ~n the
franchise.
Sec. 12-4-18: Interconnection of network.
Area interconnection: The Grantee shall be ~nterconnected with other commumt~es and cable
compames as specified in the franchise.
Sec. 12-4-19: Construction timetable for initial construction.
A. Permit application: It is hereby deemed in the public interest that the system be extended as
rapidly as possible to all residents within the City. Within ninety (90) davs of the effective date
of a franchise granted hereunder, the Grantee shall hie with the appropriate authorities and utdities
all initial papers and applications necessary to comply with the terms of this article including the
application for franchise and any additions or amendments thereto and shall thereafter diligently
pursue all such applications. After the Grantee has diligently pursued the acquisition of necessary
pole attachment contracts, or other necessary easements, and where such necessary contracts
have not been executed or easements obtained after a reasonable period of time as determined
by the City, the City may, at its discretion, provide assistance to ensure the extension of the
system to all residents.
Ordinance No. 95-3700
Page 23
B. Commencement of construction: Within one hundred eighty (180) days of the effective date of
FCC certification. the Grantee shall initiate construction and installation of the cable television
system. Such construction and installation shall be pursued with reasonable diligence.
C. Commencement of operation: Within twelve {12) months of the effective date of FCC
certification, the Grantee shall "commence operation" within the meaning set forth in this
ordinance.
D. Sustained completion of construction: Within the time specified in the franchise agreement, the
Grantee shall have "substantially completed" construction of the "service area" within the
meaning set forth in this ordinance.
E. Provisions of basic service: Within the time specified in the franchise agreement, the Grantee
shall have placed in use sufficient distribution facilities so as to offer basic service to one hundred
(100) per cent of the dwelling units in the service area to which access is legally and reasonably
available.
F. Delays and extension of time: The City Council may in its discretion extend the time for the
Grantee, acting in good faith, to perform any act required hereunder. The time for performance
shall be extended or excused, as the case may be, for any period during which the Grantee dem-
onstrates to the satisfaction of the City Council that the Grantee is being subjected to delay or
interruption due to any of the following circumstances if reasonably beyond its control:
1. necessary utility rearrangements, pole change-outs or obtaining of easement rights,
2. governmental or regulatory restrictions,
3. labor strikes,
4. lockouts,
5. war,
6. national emergencies,
7. fire,
8. acts of God.
G. When certain operations are to commence: If FCC certification ~s not required for a franchise
granted under this article, all time periods specified in subsections (A), (C), (D) and (El of this
section. shall commence with the effective date of a franchise granted hereunder.
Sec. 12-4-20: Construction timetable for rebuild construction.
A. Compliance with construction and techrfical standards: Grantee shall construct, rebuild, install,
operate and maintain its system in a manner consistent with all laws, ordinances, construction
standards or guidelines. governmental requirements, FCC technical standards, and detailed
technical standards provided for in the franchise.
B. Construction timetable: The Grantee shall construct and complete the system rebuild m
accordance with the timetable set forth in the franchise.
C. Delays and extension of time: The City Council may in its discretion extend the time for the
Grantee, acting in good faith, to perform any act required hereunder. The time for performance
shall be extended or excused, as the case may be, for any period during which the Grantee dem-
onstrates to the satinfaction of the City Counci~ that the Grantee ~s being subjected to delay or
interruption due to any of the following circumstances if reasonably beyond its control:
1. necessary util:ty rearrangements, pole change*outs or obtainment of easement rights,
2. govemmenta~ or regulatory restrictions.
3. labor strikes,
4. lockouts,
war,
6. national emergencies,
7. fire,
8. acta of God.
Sec. 12-4-21: Network description.
A. System bandwidth capability: The Grantee shall instag a cable network according to the following
specifications: The initial system shall be designed to a capacity equivalent to a minimum of 5,50
MHz and as specified in the franchise. The Grantee at its option may provide for this increased
capacity at the time of initial construction.
As total bi-directional capacity is a priority goal of the City, applicants for a franchise hereunder
may propose greater channel capacities and more sophisticated two-way capabilities than the
Ordinance No. 95-3700
Page 24
minimums set forth herein. However, such proposal shall describe the particular community needs
to be served thereby and shall detail, as part of the financial projection and support required in this
ordinance the associated costs and revenues.
B. System configuration: The Grantee shall design and construct the network using fiber to the
feeder architecture in such a way as to provide maximum flexibility and to provide service to the
fewest number of homes per fiber node as economically feasible.
C. Protection of subscriber privacy mandatory: Grantee shall at all times protect the privacy of
subscribers, as provided in this ordinance and other applicable federal, state, and local laws.
D. Notice of privacy provisions: At the time of entering into an agreement to prowde anv cable
service or other service to a subscriber, and at least once a year thereafter, Grantee shall provide
notice consistent with and in accordance with federal law in the form of a separate written
statement to each subscriber whmh clearly and conspicuously informs the subscriber of:
1. The privacy rights of the subscriber and the limitations placed upon Grantee with regard this
ordinance hereof and all other applicable federal, state, and local subscriber privacy provi-
sions;
2. The nature of personally identifiable information collected or to be collected with respect to
the subscriber and the nature of the use of such information;
3. The nature, frequency, and purpose of any disclosure which may be made of such
information, including an ~dentificat~on of the types of persons to whom the disclosure may
be made;
4. The period during which such information m~ght be maintained by the cable operator;
5. The times and place at which the subscriber may have access to such information in
accordance with this ordinance and other applicable federal, state, and local law;
6. A request for the subscriber s~gnature allows for use of personally identifiable ~nformation.
E. Collection of personally identifiable information prohibited: Grantee shall not use or permit the use
of the cable system to collect personally identifiable information concerning any subscriber, except
as necessary to render a cable service or other service provided by the cable operator to the
subscriber. Grantee shall not install or permit the installation of any special terminal equipment
in any subscriber's premises for the two-way transmission of any aural, visual, or digital signals
without the prior written consent of the subscriber. Grantee shall not tabulate, nor permit others
to tabulate, any subscriber use of the cable system which would reveal the opinions or commercial
product preferences of mdiwdual subscribers, whether residential or business. or of any occupant
or user of the subscriber's premises without written authorization from the subscriber for his or
her participation in a shop-at-home or s~milar serwce. When prowcling such serwce, the Grantee
may tabulate only those responses essential to the funcboning of that shopping or other service,
and may not use any such tabulation of individual preferences for any other purposes.
Tabulations of aggregate opimon or preference are permitted, provided the aggregations are
sufficiently large to assure individual privacy.
F. Disclosure of subscriber info/mat/on prohibited: Grantee shall not without the specific written
authorization of the individuai subscribers involvod, sell or otherwise make available to any party
any list of the names and addresses of individual subscribers. any list which identifies the viewing
habits of individual subscribers. or any personal data, social security number, income and other
data the Grantee may have on file about individual subscribers, except as necessary to render or
conduct a legitimate business activity related to a cable service or other service prowdad by the
cable operator to the subscriber, provided, however, that such disclosure shall not reveal directly
or indirectly the extent of wewing or other use by the subscriber of a cable service or other
service provided bV the cable operator, or the nature of any transaction made by the subscriber
over the cable system.
G. Notices of monitoring: Grantee shall report to the affected parties, the City and other appropriate
authorities, any instances of monitoring or tapping of the system, or any part thereof. of which
it has knowledge, which is not authorized under th~s section whether or not such activity has been
authorized by Grantee. Grantee shall not record or retain any information transmitted between
a subscriber or user and any third party, except as required for lawful business purposes. Grantee
shall destroy all subscriber or user information of a personally-identifiable nature after a reasonable
period of time, unless retention of such information is authorized by the affected subscriber or
user.
Ordinance No. 95-3700
Page 25
H. Polling by cable: No poll or other upstream response from a subscriber shall be conducted or
obtained except as part of a program that contains an explicit disclosure of the nature, purpose
and prospective use of the results of the poll or upstream response and where the program has
an informational, entertainment or educational function which is self-evident. Grantee or its
agents shall release the r3sults of upstream responses only in the aggregate and without individual
references.
I. Monitoring devices: Grantee shall provide written notice to each subscriber when equipment is
to be installed on the system which would permit the recording or monitoring of individual viewing
habits of a subscriber or household; such equipment shall be installed only after prior written
permission has been granted by the subscriber. Such permission may be valid for one year only
and may be renewed by permission of the subscriber. In no event shall such permission be
obtained as a condition of service or continuation thereof. Grantee shall give each subscriber
annual written notice of any such r,3onitoring and of the subscriber's right to terminate the
monitoring in accordance with the terms and conditions of the subscriber's contract with Grantee.
J. Personally identifiable information: Grantee shall not predicate regular subscriber service on the
subscriber's grant or denial of permission to collect, maintain or disclose personally identifiable
information. A subscriber may at any time revoke any permission previously given by delivering
to the Grantee a written statement of that intent.
K. Correction policy: Each subscriber shall be provided access to all personally identifiable
information regarding such subscriber that Grantee collects or maintains or allows to be collected
or maintained, and such subscriber shall be provided the opportunitv to correct any error rn such
information.
L. V/ewing habits: Any informebon concerning ind~wdual subscriber viewing habits or responses,
except for mformat~on for bilhng purposes, shall be destroyed within sixty (60) days of collection.
Information for billing purposes shall be kept for two (2) years and then destroyed unless other-
wise required to be kept by law.
M. System performance: This section is not intended to prohibit the use or transmission of signals
useful only for the control or measurement of system performance.
N. Subscriber and user contracts: This section of th~s ordinance shall be enforceable directly by
every aggrieved subscriber or user and by every aggrieved person seeking to become a subscriber
or user. Grantee shall include the following prowsion in every contract or agreement between
Grantee and any subscribers or user:
"The subscriber/user, as part of this contract. has certain rights of privacy prohibiting the
unauthorized monitoring of serwce and publication of personal information under the
control of (Name of Grantee). including without hmitation, information regarding program
selections or service uses. (Name of Grantee) shall make available upon the request of
the subscriber/user further description o! said rights as established in its ordinance and
franchise with the C~ty of iowa City."
Grantee shall not allege or contend that any actual or potential subscriber or user may not enforce
this ordinance by reason of lack of privacy.
Sec. 12-4-22: Network technical requirements.
General requirements: Each cable television system must be so designed, installed and operated
as to meet FCC technical standards and standards set forth in the frenchroe.
Sec. 12-4-23: Performance measurements.
A. Generalrequirements: Test procedures utihzed shall be in accordance with those promulgated by
the FCC and the National Cable Television Association.
B. Additional tests and inspection: The City reserves the right to:
I. Require additional tests for cause at specific terminal locations at expense of the Grantee, and
2. Conduct its own inspections of the cable television system on its own motion at any time
during normal business hours with reasonable advance notice.
C. Report of measurements combined: To the extent that the report of measurements as required
above may be combined with any reports of measurements required by the FCC or other
regulatory agencies, the City shall accept such combined reports, provided that all standards and
measurements herein or hereafter established by the City are satisfied.
Sec. 12-4-24: Construction standards.
Ordinance No. 95-3700
Page 26
A. Antennas and towers: Antenna supporting structures (towers) shall be designated for the proper
loading zone as specified in the Electronics Industry Association's R.S.-22-C Specifications.
B. Compliance with aviation requirements: Antenna supporting structures (towers) shall be painted,
lighted, erected and maintained in accordance with all applicable rules and regulations of the
Federal Aeronautical Agency, the state aeronautics board governing the erection and operation
of supporting structures or television towers, and all other applicable local or state codes and
regulations.
C. City approval of construction plans: Prior to the erection of any towers, poles or conduits or the
upgrade or rebuild of the cable communications system under this ordinance, the Grantee shall
first submit to the City and other designated parties for review, such information as specified in
the franchise. No erection or installation of any tower, pole, underground conduit, or fixture or
any rebuilds or upgrading of the cable communications system shall be commenced by any person
until approval, therefore, has been received from the City.
D. Contractor qualifications: Any contractor proposed for work of construction, installation,
operation, maintenance, and repair of system equipment must be properly licensed under laws of
the State, and all local ordinances. In addition, the Grantee shall submit to the C~ty. every two
years, a plan to hire persons locally for the construction, installation, operation, maintenance and
repair of the system equipment.
E. Minimum interference: The Grantee's system and associated equipment erected by the Grantee
within the City shall be so located as to cause minimum interference with the proper use of
streets, alleys, and other public ways and places, and to cause minimum interference with the
rights and reasonable convemence of property owners who adjoin any of the said streets, alleys
or other public ways and places. No pole or other fixtures placed in any public ways by the
Grantee shall be placed in such a manner as to interfere with normal travel on such public way.
F. City maps: The City does not guarantee the accuracy of any maps showing the horizontal or
vertical location of existing substructures. In pubhc rights-of-way, where necessary, the location
shall be verified by excavation.
G. Oua/ity of construction: Construction, installation, operation, and maintenance of the cable
communications system shall be performed in an orderly and workmanhke manner, in accordance
w~th then current technological standards. All cables and wires shall be installed, where possible,
parallel with electric and telephone lines. Multiple cable configurations shall be arranged ~n parallel
and bundled with due respect for aesthetic and engineering considerations.
H. Construction standards: The construction, installation, operation, maintenance, and/or removal
of the Cable Communications System shall meet all of the following safety, construction, and
techmcal specifications and codes and standards:
Occupational Safety and Health Admimstration Regulations {OSHA)
National Electrical Code
National Electrical Safety Code (NESC)
National Cable Tetevis~on Standard Code
AT&T Manual of Construction Procedures (Blue Book)
Bell Telephone Systems Code of Pole L~ne Construction
All Federal, State and Municipal Construction Requirements, including FCC Rules and Regulations
Utility Construction Requirements
All Building and Zoning Codes, and All Land Use Restrictions, as the same exist or may be
amended hereafter.
Sec. 12-4-25: Erection, removal and common use of poles.
A. Approval for poles: No poles shall be erected by the Grantee without prior approval of the City
with regard to location, height, types and any other pertinent aspect. However, no location of
any pole or wire-holding structure of the Grantee shall give rise to a vested interest and such poles
or structures shall be removed or modified by the Grantee at its own expense whenever the City
determines that the public convenience would be enhanced thereby.
B. Requirements to use existing poles: Where poles already exist for use in serving the City and are
available for use by the Grantee, but Grantee does not make arrangements for such use, the City
may require the Grantee to use such poles and structures if it determines that the public
Ordinance No. 95-3700
Page 27
convenience would be enhanced thereby and the terms of the use available to the Grantee are just
and reasonable.
Sec. 12-4-26: Construction reporting requirements.
A. Progress reports: Within thirty (30) days of the granting of a franchise pursuant to this ordinance,
the Grantee shall provide the City with a written progress report detailing work completed to date
and a schedule for completion of construction. Such report shall include a description of the
progress in applving for any necessary agreements, licenses, or certifications and any other
information the Cable Television Administrator may deem necessary. The content and format of
the report will be determined by the Cable Television Administrator and may be modified at the
Administrator's discretion.
B. Timeframe for reports: Such written progress reports shall be submitted to the City on a
bimonthly basis throughout the entire construction or rebuild process. The Cable Television
Administrator may require more frequent reporting if the Administrator determines it is necessary
to better monitor the Grantee's progress.
C. Subscriber information: Prior to the commencement of any major system construction, the
Grantee shall produce an informational document to be distributed to all residents of the area to
be under construction, which shall describe the activity that will be taking place. The
informational document shall be reviewed by the Cable Television Administrator prior to its distri-
bution.
Sec. 12-4-27: Channels to be provided.
A. Leased access channel: The Grantee shall maintain at least one specifically designated channel
for leased access uses. In addition, other portions of ~ts nonbroadcast bandwidth, including
unused portions of the specifically designated channels, shall be available for leased uses. On at
least one of the leased channels, priority shall be given to part-time users.
B. Television broadcast signal carriage: The Grantee shall carry those television broadcast signals
which are in accordance with Part 76, Section 76.63 of the FCC Rules and Regulations as such
rules are amended from time to time. The provision of additional television broadcast signals as
provided for in Part 76, Section 76.63(a) shall also be required as amended from time to time.
C. Basic service: Channels to be included on the hrst tier of service not requiring a converter or other
appurtenance shall include: all television signals described in subsect~ons A., B. and D. of this
section. As the maximized use of the total channel capacity is of great interest to the C~ty,
applicants for a franchise hereunder may submit proposals to utdize channels beyond the basic
service. Such a proposal may include the use of convertors at no additional charge to subscribers.
D. Access channels: Grantee shall provide the public, educational and governmental access channels
as specified in the franchise. The antibas operating access channels shall, in cooperation with the
Broadband Telecommunications Commission, develop rules for such channels. Such rules shall
be placed on fiio with the C~ty Clerk.
Sec. 12-4--28: Conditions of street occupancy:
A. Approval of proposed construction: The Grantee shall first obtain the approval of the City prior
to commencing construcbon on the streets, alleys, public grounds or places of the City as
specified in the franchise.
B. Permits: A Grantee shall obtain construction permits in conformance w~th all C~ty rules and
regulations.
C. Changes requiredby public improvements: The Grantee shall, at its expense, protect, support,
temporarily disconnect, or relocate in other public place any property of the Grantee when
required by the City by reason of traffic conditions, public safety, street vacation, street
construction, change or establishment of street grade, installation of sewers, drains, water pipes,
City-owned power or signal lines, and tracts or any other type of structure or improvement by
public agencies.
D. Use of existing poles or conduits: Nothing in this article or any franchise granted hereunder shall
authorize the Grantee to erect and maintain in the City new poles where existing poles are
servicing the area. The Grantee shall require permission from the City before erecting any new
poles, underground conduit or appurtenances where none exist at the time the Grantee seeks to
install its network.
Ordinance No. 95-3700
Page 28
E. Undergroundinstallation: All installations shall be underground in those areas of the City where
public utilities providing either telephone or electric service are underground at the time of
installation. In areas where either telephone or electric utility facilities are above ground at the
time of installation, Grantee may install its service above ground, provided that at such time as
those facilities are required to be placed underground by the City or are placed underground, the
Grantee shall likewise place its services underground without additional cost to the City or to the
individual subscribers so served within the City. Where not otherwise required to be placed
underground by this ordinance or the franchise, the Grantee's system shall be located underground
at the request of the adjacent property owner, provided that the excess cost over the aerial
location shall be borne by the property owner making the request. All cable passing under the
roadway shall be installed in condu~t.
F. Pedestals: When housing mini-hubs, switching or other equipment are to be utilized on the public
right of way, such equipment must be completely buried beneath streets or sidewalks. Any
pedestals located in the public right of way shall comply with city ordinances or regulations. All
such buried equipment shall be shown in plan and cross-section on the design plans for permits.
G. Facilities not to be hazardous o[ interfere: All wires, conduits, cable and other property and
facdities of the Grantee shall be so located, constructed, installed and maintained as not to
endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon
the streets and public places of the City. The Grantee shall keep end maintain all its property in
good condition, order and repair. The City reserves the right hereunder to inspect and examine
at any reasonable time and upon reasonable notice the property owned or used, in part or in
whole, by the Grantee. The Grantee shall keep accurate maps and records of all its facilities and
furnish copies of such maps and records as requested by the Citv. A Grantee shall not place poles
or other equipment where the,/will interfere with the rights or reasonable convenience of adjoining
property owners or with any gas, electric or telephone fixtures or w~th any water hydrants or
mares. All poles or other fixtures placed in a street shall be placed in the right-of-way between
the roadway and the property, as specified by the C~ty.
H. Method of installation: All w~res, cables, amplifiers, and other property shall be constructed and
msialied in an orderly manner consistent w~th the trade. All cables and w~res shall be ~nstalled
parallel with existing telephone and electric wires whenever possible. Multiple cable config-
urebens shall be arranged m a parallel and bundled. with due respect for engineenng and safety
considerations. All installations shall be underground in those areas of the City where pubhc
utilities providing telephone and electric service are underground at the time of installabort. All
underground installations of w~res and cable shall be bur~ed at least twelve (12) inches below
ground, and no trenching or other underground installation shall be commenced w~thout notice
to the C~ty Forester. All underground installation shall be performed ~n compliance w~th City
Forester d~rections.
I. Protection of facilities: Nothing contained in this section shall relieve any person, company or
corporation from liability arising out of the fadure to exercise reasonable care to avoid injunng the
Grantee's facilities while performing any work connected with grading, ragfading or changing the
hne of any street Or public place or w~th the construction or reconstruction of anv sewer or water
system. Any person, company or corporation intending to perform any of the above-described
work in an area where Grantee's facilities are located shall notify Grantee at least twenty-four (24)
hours prior to performing said work.
J. Requests for removal or change: The Grantee shall, on the request of any person holding a
building moving permit, temporarily raise or lower its w~res to permit the moving of said building.
The expense of such temporary removal, raising or lowering of wires shall be paid by the person
requesting the same, and the Grantee shall have the authority to require such payment in advance.
The Grantee shall be given not less than ten (1 O) working days' notice of any move contemplated
to arrange for temporary wire changes.
K. Authority to trim trees: The Grantee may trim trees upon and overhanging streets, alleys,
sidewalks and other public places of the City so as to prevent the branches of such trees from
coming in contact with the wires and cables of the Grantee. No trimming shall be done except
under the supervision and direction of the City Forester, upon the explicit prior written notification
and approval of the City Forester and at the expense of the Grantee. The Grantee may contract
Ordinance No. 95-3700
Page 29
for such services; however, any firm or individual so retained shall receive City Forester approval
prior to commencing such activity.
L. Restoration or reimbursement: In the event of disturbance of any street or private property by the
Grantee, it shall, at its own expense and in a manner approved by the City and the owner, replace
and restore such street or private property ~n as good a condition as before the work causing such
disturbance was done. In the event the Grantee fails to perform such replacement or restoration,
the City or the owner shall have the right to do so as the sole expense of the Grantee. Payment
to the City or owner for such replacement or restoration shall be immediate, upon demand, bv the
Grantee. All requests for replacement or restoring of such streets or private property as may have
been disturbed must be in writing to the Grantee.
M. Office and records in City: The Grantee shall at all times make and keep at an office maintained
by the Grantee in the City full and complete plans and records showing the exact location of all
cable television system equipment installed or in use in the streets or other public places of the
City. The Grantee shall furnish the Citv complete maps upon request, compatible with the City's
geographic information system, showing all of the cable television system equipment installed and
in place m streets and other public places of the City. Such maps shall be updated annually.
N. Emergency removal ofplant: If, at any time, in case of fire or disaster in the City, it shall become
necessary in the reasonable judgment of the City to cut or move any of the w~res, cables,
amplifiers, appliances or appurtenances thereto of the Grantee, such cutting or moving may be
done and any repairs rendered necessary thereby shall be made by the Grantee, at its sole
expense provided that such repairs are not necessitated by negligent act of the City, in which
case, cost for repairs shall be borne by the City.
O. Alternate routing of plant: In the event continued use of a street is denied to the Grantee by the
City for anv reason, the Grantee wdl make every reasonable effort to provide serwce over
alternate routes.
Sec. 12-4-29: Unauthorized connections or modifications.
A. Unauthorized connections prohibited: It shall be unlawful for any firm, person, group, company.
corporation or governmental body or agency, without the expressed consent of the Grantee, to
make any connection, extension or division, whether physically, acoustically, inductively,
electronically or otherwise, wdh or to any segment of a franchised cable television system for any
purpose whatsoever, except as provided ~n this ordinance.
Removal or destruction prohibited: It shall be unlawful for any firm, person, group, company,
corporation or government body or agency to willfully interfere, tamper, remove, obstruct or
damage any part, segment or content of a franchised cable television system for any purpose
whatsoever.
Sac. 12-4-30: Preferential or discriminatory practices prohibited.
A. Prohibited employment practices: The Grantee shall not commit any of the following employment
practices and agrees to prohibit the following practices in any contracts or subcontract entered
into or effectuate the operation of this franchise.
1. To dincharge from employment or refuse to hire any indiwdual because of their race, color,
religion, creed, sex, national origin, age, disability, marital status or sexual orientation.
2. To discriminate against any ~ndividual in term, conditions or privileges of employment because
of their race, color. religion, creed, sex, national origin, age, dinability, marital status or sexual
orientation.
The Grantee shall be an Equal Opportunity/Affirmative Action Employer adhering to all Federal,
State or municipal laws and regulations. Pursuant to 47 CFR Sec. 76.311 and other applicable
regulations of the FCC, Grantee shall file an Equal Employment Opportunity/Affirmative Action
Program with the FCC and otherwise comply with all FCC regulations with respect to Equal
Employment/Affirmative Action Opportunities.
B. Employment policy: Grantee shall take affirmative action to employ, during the construction,
operation and maintenance of the cable communications system minorities and females as set
forth in the franchise. Upon request by the City, Grantee shall submit to the City annual reports
indicating such compliance.
C. Procurement: For all services, materials or equipment purchased for the construction, operations
or maintenance of the cable communications system, Grantee shall wherever possible, purchase
Ordinance No. 95-3700
Page 30
from competitively priced and otherwise qualified minority-owned, or female owned businesses
located in the City of Iowa City, as set forth in the franchise.
D. Local employment and procurement practices: Whenever possible, all services, personnel,
hardware and supplies for the construction, maintenance and operation of the system shall be
procured locally.
E. Services to be equally available: The Grantee shall not refuse cable television services to any
person or organization who requests such service for lawful purpose, nor shall a Grantee refuse
any person or organization the right to cablecast pursuant to provisions of this article. The Gran-
tee shall not, as to rates, charges, service facilities, rules, regulations or in any other respect,
make or grant any unreasonable preference or advantage, not subject any person to any prejudice
or disadvantage. The Grantee shall take affirmative steps to disseminate the information
concerning the availability of its services to all minontv and other under represented groups. This
provision shall not be deemed to prohibit promotional campaigns to stimulate subscription to the
system or other legitimate uses thereof, nor shall it be deemed to prohibit the establishment of
a graduated scale of charges and classified rate schedules to which any customer coming within
such classifications shall be entitled, provided such schedules have been filed with and approved
by the City as provided in this ordinance.
F. Fairness of accessibility: The entire system of the Grantee shall be operated in a manner
consistent with the principle of fairness and equal accessibility of ~ts facilities, equipment.
channels, studios and other services to all citizens, businesses, public agencms or other entities
having a legitimate use for the system. No one shall be arbitrarily excluded from its use.
Allocation of use of said facilibes shall be made according to the rules or decisions of regulatory
agencies affecting the same, and where such rules or decisions are not effective to resolve a
d~spute between conflicting users or potential users, the matter shall be submitted for resoluhon
by the Broadband Telecommunications Commission.
Sec. 12-4-31: Installations, connections, and other services.
A. Standard installations: Standard installation shall consist of a serwce not exceeding one hundred
fifty (150) feet from a single point or pedestal attachment to the customer's residence. Service
m excess of 150 feet and concealed wiring shall be charged at such cost as exceeds normal
installation costs. The desire of the Subscriber as to the point of entry into the residence or
commercial establishment and location of pedestal shall be observed whenever possible. Runs
in building interiors shall be as unobtrusive as possible. The Grantee shall use due care in the
process of installation and shall repair any damage to the subscriber's property caused by said
installation. Such restoration shall be undertaken within no more than ten (10) days after the
damage is incurred and shall be completed as soon as possible thereafter.
B. Deposits: Any deposit required by Grantee shall bear ~nterest at the current lending rate.
C. Lockout devices: The Grantee shall provide to the potenbal subscriber, as part of ~ts promobonal
hterature, information concerning the availability of a lockout device for use by a subscriber. The
lockout device described hereto shall be made available to all subscribers requesting it beginning
on the first day that any cable service ~s provided.
D. Reconnection: Grantee shall restore serwce to customers wishing restoration of service prowdad
customer shall hrst satisfy any prewous obligations owed.
E. Free disconnection: Subscribers shall have the r~ght to have cable service disconnected without
charge. A refund of unused service charges shall be paid to the customer within sixty (60) days
from the date of termination of service.
F. Downgrade and upgrade fees: Any downgrade or upgrade fees shall conform with FCC rules.
Sec. 12-4--32: Service calls and complaint procedures.
A. Business office staffing: Grantee shall provide all subscribers or users with at least thirty (30)
days prior written notice of a change in business office hours. The business office shall maintain
a staff adequate to process complaints, requests for installation, serwce or repairs, and other
business in a timely and efficient manner. Grantee shall add additional telephone lines and service
representatives when existing lines are substantially utilized or when a pattern of subscriber
complaints reflect a need for additional service employees. Additional offices and payment
stations provided by the Grantee shall be included in the franchise.
B. Telephone serv/ce: The Grantee shall have a listed, locally-staffed telephone number for service
calls available twenty-four (24) hours a day, seven (7) days a week, Said number shall be made
Ordinance No, 95-3700
Page 31
available to subscribers and the general public. The Grantee shall provide an unlisted locally-
-staffed telephone number to the City and utility companies to enable the City or utility companies
to reach the Grantee in case of emergency on a 24-hour, 7-days-a-week basis.
C. Grantee rules: The Grantee shall prepare and file with the City copies of all of its rules and
regulations in connection with the handling of inquiries, requests and complaints. The Grantee
shell, by appropriate means, such as a card or brochure, furnish information concerning the proce-
dures for making inquiries or complaints, including the name, address and local telephone number
of the employee or employees or agent to whom such inquiries or complaints are to be addressed,
and furnish information concerning the City office responsible for the administration of the
franchise, including, but not limited to, the address and telephone number of said office.
D. Equipment service: The Grantee shall service or replace without charge all equipment provided
by it to the subscriber, provided, however, that the Grantee may charge a subscriber for service
to or replacement of any equipment damaged due to negligence of such subscriber.
E. Subscriber solicitation: Grantee shall provide the City with a list of names and addresses of all
representatives who will be soliciting within the City and the area in and the dates within such
solicitations shall take place. Each such representative and all other employees entering upon
private property shall be required to wear an employee identification card issued by Grantee and
bearing a picture of said representative. Grantee shall notify the general public of its solicitation
in a manner calculated to reach residents in the areas to be sohcited ~n advance of such
solicitation.
F. Sales information: Grantee shall provide to all subscribers annually and all prospective subscribers
or users with complete written information concermng all services and rates provided by Grantee
upon solicitation of service and pr~or to consummation of any agreement for installation of service.
Such sales material shall clearly and conspicuously d~sclose the price and other information
concerning Grantee's least costly service. Such information shall be written in plain English and
shall include but shall not be hmited to the following: all serwces, tiers, and rates; deposits if
applicable; installation costs: additional television set charges; service upgrade or downgrade
charges; lockout devices; and information concerning the utihzation of video cassette recorders
(VCRs) with cable service(s) and the cost for hooking up such VCRs so that they function as
manufactured.
G. Billing p~actices informat/on: Grantee shall inform all subscribers annually and all prospecbve
subscribers or users of complete information respecting billing and collection procedures.
procedures for ordering changes in or termination of services, and refund pohcies, upon solicitation
of service and prior to the consummation of any agreement for installation of service. Such
information shall be written in a plain Fnghsh.
H. Notice of complaint procedures: Grantee shall periodically, and at various times of the day,
present its business office address and publicly listed local telephone number by means of
alpha-numeric display on a local ongination channel.
I. Investigation and remedial action: For recurrent complaints regarding service deficiencies (other
than total or partml loss of service, such as "ghosting," weak audio signal, d~stortion, and the
like}, the Cable Television Administrator may require the Grantee to investigate and report to the
causes and cures thereof, and the Cable Television Administrator may also conduct an
investigation. Thereafter, the Cable Television Administrator may order specified remedial action
to be taken within reasonably feasible time limits. if such action is not taken, or is ineffective,
or d within thirty (30) days the Grantee files with the City a notice of objection to the order, the
City may conduct a hearing and may, if the evidence warrants a finding of fault on the part of the
Grantee, take appropriate action pursuant to the terms of this ordinance.
Sec. 12-4-33: Transfer.
A. Transfer of franchise: A franchise shall not be assigned or transferred, either in whole or in part.
or leased, sublet. or mortgaged in any manner, nor shall title to the cable system, legal or
equitable. or any right, interest or property therein, pass to or vest in any person without the prior
written consent of the City, such consent not to be unreasonably withheld. Except that no
consent shall be required for any sale, transfer, or assignment of ownership to an affiliate under
common control with Grantee, provided that prior to such transfer, Grantee provides to the City
verifiable information to establish that such transferee has the financial, legal and technical ability
to fully perform all obligations of the franchise. No such consent shall be required, however, for
Ordinance No. 95-3700
Page 32
a transfer by mortgage to a federally licensed lending institution in order to secure indebtedness.
Within thirty (30) days of receiving the request for transfer, the franchis)rig authority shall, in
accordance with FCC rules and regulations, notify the Grantee in writing of the information it
requires to determine the legal. financial and technical qualifications of the transferee. If the
franchis)rig authority has not taken action on the Grantee's request for transfer within one
hundred twenty (1 20) days after receiving such requested information. consent by the french)sing
authority shall be deemed given.
Transfer of ownership: The Grantee shall not sell, transfer or dispose of thirty percent (30%) or
greater ownership interest in the Grantee or more at one time of the ownership or controlling
interest in the system, or thirty percent (30%} cumulativoly over the term of the franchise of such
interests to a corporation, partnership, limited partnership, trust or association, or person or group
of persons acting in concert without the consent of City. Every sale, transfer, or disposition of
thirty percent (30%) or greater ownership interest as specified above m the Grantee shall make
the franchise subject to cancellation unless and until the City shall have consented thereto.
Transfer of control: Tl~e Grantee shall not change control of the Grantee in whatever manner
exercised w~thout the prior written consent of the City.
City approvah Every change, transfer, or acqu~sitmn of control of the Grantee shall make the
franchise subject to cancellation unless and until the City shall have consented thereto. For the
purpose of determining whether it shall consent to such change, transfer, or acquisition of control,
the City may inquire into the legal, financial, character, technical and other public interest
qualifications of the prospective transferee Or controlling party, and the Grantee shall provide the
C~ty with all required reformatran. The City reserves the right to ~mpose certain conditions on the
transferee as a condition of the franchise to ensure that the transferee is able to meet existing
ordinance and franchise requirements.
Assumption ofcontroh Any hnancial restitution having a pledge of the franchise or its assets for
the advancement of money for the construction and/or operation of the franchise shall have the
right to notdy the C~ty that ~t will take control and operate the cable television system. If the
financial mstitut~on takes possession of the cable communications system the C~ty shall take no
action to effect a termination of the franchise w~thout first giwng to the financial restitution
written notme thereof and a period of s~x (6) months thereafter (unless otherwise provided
heretobelow) (d to allow the financial institution or ~ts agent(s) to continue operating as the
Grantee under the franchise and; (id to request the C~ty, and for the C~ty to determine whether,
to consent to the assignment of the Grantee's rights, t~tle, interest and obligations under the
franchise to a qualihed operator. The C~ty acknowledges that ~n order for the financial institution
to realize upon the collateral accorded to it by the loan documents, the financial ~nst~tution must
be entitled to a reasonable period of time after taking possession of the franchise under the loan
document to obtain the C~ty's consent to an assignment of the franchise to a qualified operator.
The C~ty agrees that such reasonable period of time is six (6) months after the financial institution
takes possession of the cable commumcation system and, further, agrees that the C~ty shall use
~ts best efforts to decide upon the assignment of the franchise to the new operator proposed by
the financial institution w~thm such period of time. The financial ~nst~tuhon shall be entitled to
such possession and other rights granted under this paragraph until such time that the C~ty deter-
mines whether to consent to such assignment (the "extended time"). If the City finds that such
transfer, after considering the legal, financial, character, technical and other public interest
quahhcations of the applicant are satisfactory, the City will consent to the transfer and assign the
rights and obligations of such franchise as in the public interest. During the six (6) month period
or extended time, the financial institution shall enjoy all the rights. benefits and privileges of the
Grantee under the franchise, and the City shall not disturb such possession by the financial
institution, provided the financial restitution complies in all respects with the terms and provisions
of the franchise and this ordinance. The various rights granted to the financial institution under
this paragraph are contingent upon the financial institution's continuous compliance with the
terms and provisions of this ordinance and the franchise during the entire aforementioned six (6)
month period or extended brae, if applicable. For example, should an agent of the financial
institution take possession of the cable communication system pursuant to rights granted to the
financial institution under this paragraph, end such agent fails to comply with the level of service
Ordinance No. 95-3700
Page 33
requirements set forth in this ordinance or the franchise, the rights granted to the financial
institution under this ordinance and the franchise shall automatically terminate.
F. No waiver of City property rights: The consent or approval of the City or any other public antiW
to any transfer of the Grantee shall not constitute a waiver Or release of the rights of the City in
and to the public property or public rights of way, and any transfer shall, by its terms, be
expressly subordinate to the terms and conditions of this ordinance and the franchise.
G. Transfer t/me periods: In the absence of extraordinary circumstances, the City will not approve
any transfer or assignment of the franchise prior to construction or the completion of the rebuild
of the system. Subject to the conditions of Section 61 7 of the Cable Act, the City shall not ap-
prove a transfer if the Grantee has not held the franchise for a period of three years.
H. Right to review purchase pt/ca: Based upon public information, the City reserves the right to
review the purchase price of any transfer or assignment of the cable system.
I. Signatory requirement: Any approval by the City of transfer of ownership or control shall be
contingent upon the prospective party becoming a signatory to the franchise agreement.
Sec. 12-4~34: Publication costs.
The Grantee shall assume the cost of pubhcation of the franchise ordinance as such publication
is required by law. A bill for the publication costs shall be presented to the Grantee by the City upon
the Grantee's filing of acceptance and shall be paid at that time.
Sec. 12-4-35: Ordinances repealed.
All ordinances are parts of ordinances in conflict with the provisions of this article are herebv
repealed.
Sec. 12-4-36: Separability.
If any section, subsection, sentence, clause, phrase or word of this article is for any reason held
invahd or unconstitutional by an,/court of competent jurisdiction, such section, subsection, sentence,
clause, phrase or word shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
Sec. 12-4-37: Time is of the essence to this ordinance.
Whenever the ordinance shall set forth any time for any act to be performed by or on behalf of
the Grantee, such time shall be deemed by the essence any failure of the Grantee to perform within
the time allotted shall always be sufficient ground for the City to invoke an appropriate penalty
including possible revocation of the franchise.
Sac, 12-4-38: No waiver of rights.
No course of dealing between the Grantee and the City nor any delay on the part of the City in
exercising any rights hereunder shall operate as a waiver of any such rights of the City or acquiescence
in the actions of the Grantee in contravention of rights except to the extent expressly waived by the
City or expressly provided for in the franchise.
DIVISION 2. RATE REGULATIONS
Sec. 12-4-39: Rate regulation proceedings.
Any rate regulation proceedings conducted under this division shall provide a reasonable
opportunity for consideration of the views of any interested party, including but not limited to the CKy,
by its designee, the cable operator, subscribers, and residents of the franchise area. In addition to all
other provisions required by the laws of the state and the City for such proceedings, and in order to
provide for such opportunity for consideration of the views of any interested party, the City shall take
the following actions:
A. The City shall publish in a local newspaper of general circulation, post on a bulletin board or
other prominent place easily accessible to the public and clearly designated for that purpose
in the Iowa City Civic Center, and mail by certified mail to the cable operator a public notice
of the intent to conduct a public proceeding on basic service tier rates and/or charges tot
equipment to receive such basic service tier, as defined by the FCC.
B. The public notice shall contain a statement that cable television rates are subject to municipal
review and shall explain the nature of the rate review in question; that any interested party
has a right to participate in the proceeding; that public views may be submitted in the
proceeding, explaining how such public views are to be submitted and the deadline for
submitting such views; that a decision concerning the reasonableness of the cable television
Ordinance No. 95-3700
Page 34
rates in question will be governed by the rules and regulations of the Federal Communications
Commission (FCC); and that the decision of the City is subject to review by the FCC.
C. The City shall conduct a public proceeding to determine whether the rates or proposed rate
increase are reasonable. The City may delegate the responsibility to conduct the proceeding
to the Broadband Telecommunications Commission or to any duly qualified and eligible
individual or entity. If the City or its designee cannot determine the reasonableness of a
proposed rate increase within the time period permitted by the FCC rules and regulations, it
may roll the effective date of the proposed rates for an additional period of time as permitted
by the FCC rules and regulations. and may issue any other necessary or appropriate order and
give public notice accordingly.
D. In the course of the rate regulation proceeding, the City may request additional information
from the cable operator that ~s reasonably necessary to determine the reasonableness of the
basic service tier rates and equipment charges. Any such additional information submitted
to the City shall be verified by an appropriate official of the cable television system supervis-
ing the preparation of the response on behalf of the entity, and submitted by way of affidavit
or under penalty of perjury, stating that the response is true and accurate to the best of that
person's knowledge, information and belief formed after reasonable inquiry. The City may
request proprietary information, provided that the City shall consider a timely request from
the cable operator that said proprietary information shall not be made available for public
information, consistent w~th the procedures set forth in section 0.459 of the FCC rules and
regulations.
Furthermore, said proprietary information may be used only for the purpose of determining
the reasonableness of the rates and charges or the appropriate rate level submitted by the
cable operator. The C~ty may exercise all powers under the laws of evidence applicable to
administrative proceedings under the laws of the state to discover any information relevant
to the rate regulation proceeding, including, but not limited to, subpoena, interrogatones,
production of documents and depositions.
E. Upon termination of the rate regulation proceeding, the C~ty shall adopt and release a wntten
decision whether the rates or proposed rate increase are reasonable or unreasonable. and, if
unreasonable, ~ts remedy, ~ncluding prospective rate reduction, rate prescription and refunds.
F. The City may not ~mpose any hnes, penalties, forfeitures or other sanctions, other than
permitted by the FCC rules and regulations, for charging an unreasonable rate or proposing
an unreasonable rate increase. However, the C~ty may impose frees or monetary forfeitures
on a cable operator that does not comply with a rate decision or refund order of the City,
directed specifically at the cable operator, pursuant to the laws of the state and the City
Code.
G. Consistent with the FCC rules and regulations, the City's decision may be rawawed only by
the FCC.
H. The City shall be authomzed, at any time, to gather information as necessary to exercise its
lur~sdiction as authorized by the laws of the state, the Cable Act, and the FCC rules and
regulations. Any information submitted to the City shall be verified bv an appropriate official
of the cable television system supervising the preparation of the response on behalf of the
entity, and submitted by way of affidavit or under penalty of perjury, stating that the
response ~s true and accurate to the best of that person's knowledge, information and belief
formed after reasonable inquiry.
Sec. 12-4-40: Certification.
The City shall file with the FCC the required certification form {FCC Form 328} on September 1,
1993, or as soon thereafter as appropriate. Thirty (30) days later, or as soon thereafter as appropriate,
the City shall notify the cable operator that the City has been certified by the FCC and that it has
adopted all necessary regulations so as to begin regulating basic service tier cable television rates and
equipment charges.
Sec. 12-4-41: Notification of changes.
With regard to the cable programming service tier, as defined by the Cable Act and the FCC rules
and regulations, and over which the City is not empowered to exercise rate regulation, the cable
operator shall give notice to the City of any change in rates for the cable programming service tier or
tiers, any change in the charge for equipment required to receive the tier or tiers, and any changes in
Ordinance No. 95-3700
Page 35
the nature of the services provided, including the program services included in the tier or tiers. Said
notice shell be provided to the City at least thirty (30) business days prior to any change becoming
effective.
Sec. 12-4-42: Cable official.
The City may delegate its power to enforce this division to the Broadband Telecommunications
Commission or to employees or officers of the City, to be known as the cable official. The cable
official shall have authority to:
A. Administer oaths and affirmations;
B. Issue subpoenas;
C. Examine witnesses;
D. Rule upon questions of evidence;
E. Take or cause depositions to be taken;
F. Conduct proceedings in accordance with this division;
G. Hold conferences for the settlement or simplification of the issues by consent of the parties;
and
H. Take actions and make decisions or recommend decisions in conformity with this division.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION iV. EFFECTIVE DATE. This Ordinanceshall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 5th day of December ,19 95 ·
CITY CLE'RK
Ordlnanoe No. 95-3700
Page 75
It was moved by Novick and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Baker
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
that the Ordinance
First Consideration
Vote for passage:
Pigott, Throgmorton.
11/7/95
AYES: Baker, Horowitz, Kubby, Lehman, Novick,
NAYS: None. ABSENT: None.
Second Consideration ] 1/21/95
Vote for passage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton,
Baker, Horowitz. NAYS: None. ABSENT: None.
Date published 12/13/95