(A) In the administration of this code, all land, regardless of how it may be described elsewhere, is regulated as a ‘lot,’ a ‘parcel,’ or a ‘right-of-way.’
A LOT is any area of land that is separately demarked on a recorded subdivision plat, whether called a lot or not.
A PARCEL is any other area of land. In the administration of this code, there are no lots outside of recorded subdivisions, there are no parcels within recorded subdivisions.
RIGHTS-OF-WAY are separately owned, generally linear areas of land that provide circulation, irrigation, or utility service to adjoining lots or parcels.
(B) To distinguish them, it is understood that EASEMENTS may be recorded on lots or parcels, or within rights-of-way, but that the recording of an easement cannot constitute a lot line adjustment, parcel boundary adjustment, or subdivision.
(C) A LOT LINE ADJUSTMENT occurs when the owners of adjoining lots within a recorded subdivision agree to change lot lines or when the owner of a lot line within a subdivision agrees with the owner of an adjoining parcel to change boundaries between the lot and the parcel. A lot line adjustment cannot create a new parcel or lot. It can be used to change the boundary between a right-of-way and adjoining lots. For the regulation of lot line adjustments, please see § 152.116.
(D) A PARCEL BOUNDARY ADJUSTMENT occurs when the owners agree to adjust the boundary between adjoining parcels. A parcel boundary adjustment cannot create a new parcel or lot. It can be used to change the boundary between a right-of-way and a parcel. For the regulation of parcel boundary adjustments, please see § 152.115.
(E) (1) A PRIVATE DRIVEWAY is a roadway, recorded as an easement appurtenant to the land serviced properties. The private driveway is maintained by the landowners pursuant to a maintenance agreement. the maintenance agreement shall be approved and enforced by the town.
(2) A private driveway may be created only by the recording of an easement that is shown on the final subdivision plat. Private driveways are included within the area of any lot they cross for the determination of lot size.
(F) A PRIVATE STREET is a transportation and utility easement that provides access to multiple lots and/or parcels. It meets town standards for streets but is maintained by the landowners it serves pursuant to a maintenance agreement that runs with the land and is approved and enforceable by the Town. the area of private streets may be included within the area of any lot they serve for the determination of lot size.
(G) A SUBDIVISION occurs when any land is divided, re-subdivided, or proposed to be divided into two or more lots or other divisions of land for the purpose, whether immediate or future, for offer, sale, lease, or development either upon the installment plan or upon any and all other plans, terms, and conditions. Subdivision includes the division of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and except as provided by § 152.006(F), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.
(H) SUBDIVISION does not include a bona fide division of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates this code or a parcel boundary adjustment as defined by § 152.006(C) of this code.
(Ord. 2022-2, passed 6-2-2022; Ord. 2023-1, passed 12-7-2023)