Ione Municipal Code Ch. 16.04 Land Division Code Establishment and Purpose

This title shall be known as the "Land Division Code of the City of Ione."

(Ord. No. 431, § 2, 2-2-2010)

This title is adopted pursuant to Article XI, Section 7 of the California Constitution, and to supplement and implement the Subdivision Map Act, Government Code Section 66410, et seq., and may be cited as the Land Division Code of the City.

It is the purpose of this title to regulate and control the division of land within the city and to supplement the provisions of the Subdivision Map Act concerning the design, improvement, and survey data of subdivisions, the form and content of all required maps provided by the Subdivision Map Act, and the procedure to be followed in securing the official approval of the city regarding the maps. To accomplish this purpose, the regulations contained in this title are determined to be necessary to:

A. Preserve the public health, safety and general welfare;

B. Promote orderly growth and development through implementation of the city's general plan; and

C. Ensure that properly designed infrastructure necessary to support public service needs, including but not limited to transportation and utility infrastructure, is provided in conjunction with subdivisions.

(Ord. No. 431, § 2, 2-2-2010)

A. Relationship to Prior Ordinance. The provisions of this title, as it existed prior to the effective date of the ordinance enacting this title, Ordinance Nos. 166, 169, 172, 195, 236, 240, 243, 245, 259, 265, 282, 283, 285, 305, 324, 331, 335, 368 and 382, are repealed and superseded as provided in Ordinance No. 431.

B. Prior Rights and Violations. The enactment of this title shall not terminate or otherwise affect vested land division approvals or agreements authorized under the provisions of any ordinance, nor shall violation of prior ordinance be excused by the adoption of this title.

C. Effect of Land Division Code Changes on Pending Applications. Following the effective date of this title, or any amendment of this title, regulations of this title are applicable to all pending entitlement applications that have not been deemed complete, unless prohibited by state law.

D. Conflicting Requirements.

1. Land Division Code and Municipal Code Provisions. If conflicts occur between this land division code, the Municipal Code, or other plans and policies adopted by the city, the land division code shall govern.

2. Development Agreements. If conflicts occur between the requirements of this land division code and standards adopted as part of any development agreement, the requirements of the development agreement shall govern.

E. Other Requirements/Permits. Nothing in this land division code eliminates the need for obtaining any other permits required by the city, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency.

F. Public Nuisance. Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of any public nuisance as defined in this Municipal Code.

G. Severability, Partial Invalidation of Land Division Code. If any portion of this title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determinations shall not affect the validity of the remaining portions of this title. The city council hereby declares that this title and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof is adopted without regard to the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable.

(Ord. No. 431, § 2, 2-2-2010)