For the purpose of this chapter, the following terms and words are defined.
1. “Alley” means a thoroughfare laid out, established, and platted as such, by constituted authority.
2. "Applicant" means an owner or subdivider or developer of land proposed to be subdivided or divided by plat of survey, or his or her representative.
(Ord.734 - Feb. 07 Supp.)
3. “Block” means a tract of land entirely surrounded by public streets or parks, cemeteries or other development features.
4. “Building line” means a line on a property between which line and a public right-of-way line no buildings or structures may be erected.
5. “Commission” means the Planning and Zoning Commission of Pella, Iowa.
6. “Comprehensive Plan” means the plan for the improvement and development of the City of Pella, Iowa, and adjoining areas as adopted by the Commission and Council, and all amendments thereto. Also known as the Comprehensive Development Plan or the Pella Plan, A Comprehensive Development Plan for Pella, Iowa.
7. “Construction plans” means plan sheets, specifications, and contract documents with the relevant information required pursuant to the Design Standards.
8. “Covenant” means a privately enforced restriction on a subdivision.
9. “Cul-de-sac” means a local street with only one outlet to through traffic terminating in a vehicular turnaround.
10. “Cul-de-sac, temporary” means a cul-de-sac which, as determined by the City, can be or will be removed in the future to provide access to abutting land. Temporary cul-de-sacs must meet the minimum radius, right-of-way, and paving requirements pursuant to the Design Standards.
11. “Dead-end street” means a street with one end open to traffic and the other end terminating without a vehicular turnaround.
12. “Dedication” means a grant of land or interest in land by the owner to the City for public use.
13. “Design Standards” means the latest edition of the City-approved standards for design of public improvements.
14. “Developer” or “subdivider” means the owner or agent under legal authority of the owner of record who undertakes to cause a parcel of land to be designed, constructed and recorded as a subdivision.
15. “Easement” means an interest or partial interest in real property granted for the purpose of limited private, public and quasi-public uses across private land.
16. “Engineer” means an engineer licensed and registered under the provisions as specified in the Code of Iowa.
17. “Floodway” means the 100-year flood zone as defined by the Federal Emergency Management Agency (FEMA) or the Pella Floodplain District.
18. “Improvements (Public)” means street grading, street surfacing and paving, curbs and gutters, streetlights, sidewalks, crosswalks, water mains, fire hydrants, sanitary sewers, storm drainage facilities, culverts, manholes, bridges, public utilities, or other installations as designated by the Council or its specific approving authority.
19. “Lot” means a specifically defined portion of a subdivision or other plot or parcel of land which is, or in the future, may be offered for sale, conveyance, transfer or improvement.
20. “Lot, corner” means a lot having a frontage on two (2) intersecting streets.
21. “Lot depth” means the mean horizontal distance between the front and rear lot lines.
22. “Lot, double frontage” means a lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot, irrespective of lot width on either side where there is frontage.
23. “Lot, flag” means a lot with access to a public right-of-way only by a portion of the lot with less width than required under the assigned zoning.
24. “Lot line” means the boundary of a lot.
25. “Lot, nonconforming” means a lot which was lawfully created under prior zoning when lesser area or dimension requirements were enforced and which does not currently conform to the zoning district space limits now applied.
26. “Lot of record” means a lot as shown in the records of and recognized by the County Recorder and the City.
27. “Lot width” means the distance measured between the side lot lines of a lot, at right angles to its depth, along a straight line parallel to the front lot line at the minimum required setback line.
28. “Maintenance bond” means a surety bond, cash bond, irrevocable letter of credit and/or other cash deposits or collateral posted by a contractor or developer for the benefit of the City in an amount at least equal to the full cost of the improvements required by this chapter. The amount of security shall be legally sufficient as determined by the City to secure to the City that said improvements shall be maintained in good repair from the time of acceptance of the improvements by the City for a period as specified by this chapter.
29. “Monument” means an identification marker established by a registered land surveyor at each section corner, lot corner, or other point including lot pins as required by Iowa Code.
30. “On-site wastewater disposal system” means any means of collecting, treating, and/or disposing of wastewater generated in the subdivision other than through the sanitary sewer system owned and operated by the City.
31. “Outlot” means a lot not designated or available for building or occupancy without meeting additional subdivision requirements.
32. “Park” means land that is accessible and usable by the public for parks and recreation purposes, as defined in the Pella Community Services Plan and which at minimum services a local neighborhood or subdivision in the nearby vicinity.
33. “Performance bond” or “payment bond” means a surety bond, cash bond, irrevocable letter of credit and/or other cash deposits or collateral posted by a contractor or developer for the benefit of the City in an amount at least equal to the full cost of the improvements. The amount of security shall be legally sufficient as determined by the City to secure to the City that said improvements will be constructed in accordance with the terms of the contract documents within a period as specified by this chapter.
34. “Plans of record” means original, approved construction drawings on file with the City of Pella, Public Works Department with information added to meet the criteria pursuant to the Design Standards.
35. “Plan, sketch” means the conceptual plan of the plat, subdivision, or dedication prepared in accordance with these regulations.
36. “Plat” means a map, drawing, or chart on which the subdivider’s plan of the subdivision is presented and which the subdivider submits for approval and intends in final form to record.
37. “Plat, acquisition” means the division of land or rights in land, created as the result of a conveyance or condemnation for public purposes by an agency of the government or other persons having the power of eminent domain.
38. “Plat, final” means the final plan of the plat, subdivision, or dedication prepared for filing or recording in conformance with these regulations.
39. “Plat, preliminary” means the preliminary plan of the plat, subdivision, or dedication prepared in conformance with these regulations.
40. “Plat, proprietor’s” means a plat as defined herein submitted by the owner of land being platted, or the owner’s agent, or other private entity acting with the consent of the owner.
41. "Plat of survey" means the graphical representation of a survey of one (1) or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a registered land surveyor.
(Ord.734 - Feb. 07 Supp.)
(Code of Iowa, Sec. 354.2[15])
42. "Platting jurisdiction" means all lands within the corporate limits of the City of Pella, lands located in the unincorporated areas of Mahaska County within two (2) miles of the Pella City limits, and lands located in the unincorporated areas of Marion County within one (1) mile of the Pella City limits.
(Ord.983 - Jun. 21 Supp.)
43. “Pre-application conference” means an informational preliminary conference between City staff and the applicant which is not for the purpose of taking any official action.
44. “Public Works Department” means the Department of Public Works of the City of Pella.
45. “Public Works Director” means the chief administrative officer of the Department of Public Works of the City of Pella.
46. “Reviewing parties” means persons specifically identified for review of documents pursuant to this chapter or their designees.
47. “Secondary storm sewer” means a system designed to collect and convey to a City-approved outlet, storm water or groundwater that accumulates in footing drains, basement sumps, and other subsurface collection systems, but not drainage from roofs or other above-ground sources.
48. “Standard specifications” means the latest edition of the City-approved standard specifications for public improvements.
49. “Street, right-of-way” means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic.
50. “Street, local” means a street that provides direct access to abutting residential, industrial, and commercial properties; it also provides for movement of traffic between collector streets and residential and commercial areas. The local street carries low traffic volumes at low speeds on relatively short trips. All private streets function as local streets.
51. “Street, arterial” means a street that provides travel mobility for through movement. An arterial street provides mobility for entering and leaving the City, for bypassing the City, and for through movement between the major centers of activity within the City. An arterial street is designed to carry the highest traffic volume over the longest trip distances. Access to the arterial street is limited in order to enhance or to maintain the primary function of providing through movement.
52. “Street, collector” means a street that provides for movement of traffic between arterial streets and local streets; it also provides access to abutting residential and commercial areas at relatively low speeds. Collector streets are designed to implement on an approximate equal basis, the functions of through movement and direct land access. Access to a collector street is limited, but to a lesser degree than access to an arterial street.
53. “Subdivider” - See “Developer.”
54. "Subdivision" means the division of a lot, tract or parcel of land into three or more lots, tracts or parcels of land for the purpose of immediate or future sale or transfer or for building developments. The term includes resubdivision. When appropriate to the context the term also relates to the process of subdividing or to the land subdivided.
A. The term "subdivision" as defined above does not include the division of a lot, tract or parcel of land into two lots, tracts or parcels of land for the purpose of immediate or future sale or transfer of all or a portion of such original lots, tracts or parcels of land that: (1) are of insufficient size or dimension to meet the regulations of the zoning district; (2) the purpose of the sale or transfer is to enlarge the adjoining lot, tract or parcel of land; and (3) the sale or transfer does not reduce the lot, tract or parcel of land from which it is taken below the minimum requirements to meet the regulations of the zoning district; and (4) only one (1) division of a lot, tract or parcel shall be allowed under this provision.
B. The term "subdivision" as defined above does not include the division of a lot, tract or parcel of land into two or more lots, tracts or parcels of land for the purpose of immediate or future sale or transfer of all or a portion of such original lots, tracts or parcels of land which were and/or are: (1) formerly railroad right-of-way and (2) the division is made to enlarge an adjoining lot, tract or parcel of land.
C. The term "subdivision" as defined above does not include the division of a lot where all of the following are met: (1) all of the lots created are at least one and one half (1 and ½) acres in size; (2) no more than two lots are created as a result of the division; (3) the lots created have the required minimum frontage on existing public right of way; (4) no public improvements are required; (5) the resulting lots meet all zoning ordinance requirements.
D. The term "subdivision" as defined above does not include the division of a lot where (1) the land is to be used only for agricultural uses and (2) where all of the lots created are at least one and one half (1 and ½) acres in size and (3) which includes no land set apart for new streets, alleys, parks, open areas, school property or public use or land set apart for residential or other nonagricultural uses.
(1) The plat of survey shall contain the following notation: "Note: this plat is for agricultural purposes only. No further development may take place on it without complying with the subdivision regulations of the City of Pella, Iowa."
(2) Any listing, offer for sale, or other document(s) contemplating the transfer of any parcel of the agricultural plat and any deed or other instrument transferring any interest in the same shall contain the following notation in at least 8 point bold faced type in all capital letters: "NOTE: THIS PARCEL IS PART OF A PLAT FOR AGRICULTURAL PURPOSES ONLY. NO FURTHER DEVELOPMENT MAY TAKE PLACE ON IT WITHOUT COMPLYING WITH THE SUBDIVISION REGULATIONS OF THE CITY OF PELLA, IOWA."
E. The term "subdivision" as defined above does not include the division of an existing subdivision lot, also known as "re-subdivision", where all of the following are met: (1) the division is part of an existing subdivision which has a final plat that has been approved by the City and recorded; (2) no more than two lots are created as a result of the division; (3) the lots meet the minimum size and dimensions to meet the regulations of the zoning district; (4) no public improvements are required; (5) provisions are made to provide for any required public utility easements.
F. Any division as defined in subparagraphs "A", "B", "C", "D" or "E" above requires a plat of survey, shall meet any additional requirements imposed by the Marion County Auditor, and receive the approval of the Zoning Administrator. The instrument of conveyance of the lot, tract or parcel of land shall contain the following notation: "This transfer has been approved by the Pella Zoning Administrator and is subject to the subdivision provisions of the Pella City Code as the same currently exist or as subsequently amended."
(Ord.734 - Feb. 07 Supp.)
55. “Surveyor” means a land surveyor licensed and registered under the provisions as set out in the Code of Iowa.
56. “Urban services area” means the areas served by public sanitary sewer as shown on the City’s latest version of the Urban Services Area Map.
57. “Water/Wastewater Department” means the Water/Wastewater Department of the City of Pella, Iowa.
58. “Water/Wastewater Director” means the chief administrative officer of the Water/Wastewater Department of the City of Pella, Iowa.
59. “Zoning Ordinance” means the Zoning Ordinance of the City of Pella.