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As used in these Subdivision Regulations, unless the context clearly indicates otherwise:
(1) "Alley" means a narrow service way providing a secondary public means of access to abutting properties, which way is not more than twenty feet wide.
(2) "Block" means that property abutting on one side of a street between the two nearest intersecting streets or other natural barriers.
(3) "Building line" means a line running parallel to and measured perpendicularly from the lot line to the main building, defining the limits of a yard in which no building or structure may be located above ground, except as provided in these Regulations.
(4) "Certificate of occupancy" means a certificate issued by the Zoning Inspector stating that the occupancy and use of a building, structure or land referred to therein complies with these Regulations.
(5) "Crosswalk" means a strip of land dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas.
(6) "Cul-de-sac" (court of a dead-end street) means a short street having one end open to traffic and the other end permanently terminated by a vehicular turn-around.
(7) "Drainage right of way" means the land required for the installation of a storm water sewer or drainage ditch, or the land required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
(8) "Easement" means a grant by a property owner for the use of a strip of land by the public or a person for a specified purpose.
(9) "Final plat" means the final map of all or a portion of the subdivision which is presented to the Planning Commission and Council for final approval in accordance with these Regulations, and which, if approved, shall be filed with the proper County recording officer.
(10) "Hillside area" means any area with an average cross slope of sixteen percent or greater.
(11) "Land Use Plan" means the Land Use Plan of the Municipality.
(12) "Lot" means a parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat, fronting on a legally, dedicated public thoroughfare. In determining lot area, no part thereof within the limits of a proposed street right of way shall be included.
(13) "Performance bond agreement" means a bond in the amount of 110 percent of the Municipal Engineer's estimated cost of total required improvements, to be posted as a bond for withdrawal only by Council to guarantee the Municipality that the necessary public improvements will be installed in the subdivision.
(14) "Preliminary plat" means a plat prepared by a professional registered engineer or surveyor, incorporating recommendations and requirements of planning authorities, and showing topography, means of drainage, roadways, grades, sanitary sewer and waterline locations and easements on which the Municipal Engineer encounters problems and shows means of solving them.
(15) "Street" means a right of way, other than an alley, dedicated, undedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. A street may be designated as a thoroughfare, parkway, boulevard, avenue, lane, drive or other appropriate name. For the purpose of these Regulations, streets shall be classified as follows
A. Major highways. These facilities serve mainly to move through traffic. State and United States marked routes, as well as some County roads and important intra-municipal streets, are considered under this classification. Where a highway is a nonlimited access route, these facilities also perform a secondary function of providing direct access to abutting land and thus interconnect principal traffic generators.
B. Arterial streets. These facilities serve to accommodate crosstown traffic and to link the Municipal street network with the major highway system. Arterial routes provide access to abutting land and generally serve all principal traffic generators. They are also known as primary or secondary streets or thoroughfares.
C. Collector streets. These facilities serve intra-Municipal movement of traffic, such as that which moves between a subdivision and an arterial street. The principal difference between a collector street and a street or road of a higher classification is the length of trip each principally serves. Collector routes are intended to supply the abutting property with the same degree of land service as the local street, while at the same time serving a larger volume of traffic.
D. Local streets. The sole function of a local street is to provide access to the immediately adjacent property. Local access streets are intended to carry low volumes of traffic.
(16) "Subdivider" means any person responsibly engaged in developing or improving a tract of land which complies with the definition of a subdivision.
(17) "Subdivision" means:
A. The division of any parcel of land shown as a unit, as a part of a unit, or as contiguous units, on the last preceding transfer of ownership thereof, into two or more parcels, sites or lots, for the purpose, whether immediate or future, of transfer of ownership, except that the division or partition of land into parcels of more than five acres not involving any new street or easement of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall not be considered a subdivision; or
B. The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by owners, occupants or leaseholders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other utilities and facilities, provided that where no new street or road is involved, the division of land for agricultural purposes, where the resulting parcels are more than three acres or larger in size, the division of property by interstate provisions, or the division of property upon court order, shall not be considered a subdivision.
(18) "Subdivision Regulations" means Ordinance 9-76, passed September 9, 1976, codified herein as Part Two of Title Twelve - the Planning and Zoning Code.
(19) "Tentative plat" means a general plat presented for discussion and subject to change.
(20) "Yard" means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in these Regulations. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the horizontal distance between the lot lines and the main building shall be used.
(22) "Zoning permit" means a permit issued by the Zoning Inspector or his or her duly authorized representative, stating that the proposed erection, construction, enlargement or moving of a building or structure referred to therein complies with the Zoning Code.
(Ord. 9-76 . Passed 9-9-76 . )