For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL PURPOSES. The use of a tract of land for agricultural purposes only, which shall include farming, dairying, pasturing, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry.
BOND. Any form of security, including a cash deposit, surety bond, collateral, property or instrument of credit, in an amount and form satisfactory to the Town Board.
BUILDING LINE. A line drawn parallel to a lot line equal to the depth of a minimum building setback for the zoning district in which the lot is located as established by Chapter 152 of this code of ordinances of the town.
CERTIORARI. A writ issued by a superior court to call up the records of an inferior court or of a body acting in a quasi-judicial capacity.
COMPLETE STREETS. A transportation network that promotes access, mobility, and health by providing streets that are safe, convenient, accessible, and attractive for all users, including pedestrians, bicyclists, users of public transportation, motorists, operators of golf carts, freight providers, those of all ages and abilities (including children, the elderly, and the disabled), emergency responders, and adjacent land users.
COMPREHENSIVE PLAN. A plan for the physical development of the community, a composite or portion thereof of the mapped and written proposals and recommendations relative to the growth and development of a given planning area which shall have been duly adopted by the Town Council.
CONSTRUCTION PLAN. The maps, drawings and textual descriptions accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements enumerated in this chapter as a condition to the approval of the plat.
COVENANT. A private legal restriction on the use of land contained in the deed to the property and otherwise formally recorded along with the subdivision plat.
CULVERT. A drain pipe that channels water.
DEVISE. The art of giving or disposing of real property by will.
EASEMENT. A grant by a property owner for the use of a parcel of land by the general public, the utilities or for a certain specific purpose not inconsistent with the general property rights of the owner.
ESCROW. The arrangement for the handling of instruments or money not to be delivered until specified conditions are met.
FEASIBILITY REPORT. A written report prepared by a professional engineer or land surveyor pertaining to the suitability of a site for various types of water and sewer systems, for drainage retention/detention and the subsoil conditions for various methods of street construction.
FRONTAGE. The length along the street right-of-way line of a single lot, tract or development area between the side lot lines of the property on an interior lot. A corner lot shall have FRONTAGE on both streets with one street being designated as the front when a building permit is obtained.
GRADE. The slope of a road, street or other public way, specified in terms of percentage. Example: One foot of rise in 100 feet would be 1%.
IMPROVEMENT. Any alteration to the land or other physical construction associated with subdivision and building site development.
IMPROVEMENT, LOT. Any building, structure, place, work of art or other object or improvement of the land on which they are situated, constituting a physical betterment of real property or any part of the betterment.
IMPROVEMENT, PUBLIC. Any drainage ditch, roadway, sidewalk, curb, tree, off-street parking area, main or other facility for which the local or state government may ultimately assume the responsibility for maintenance and/or operation or which may affect an improvement for which local or state government responsibility is established.
IMPROVEMENT, TEMPORARY. Improvements built and maintained by a subdivider during construction of the subdivision, which may or may not become permanent prior to release of the performance bond.
INFRASTRUCTURE. Fixed public works and facilities necessary in a community, such as sewers, water systems and streets.
INTESTACY. The quality or state of being or dying having made no valid will.
JURISDICTION. Jurisdiction of local government means all land within its boundaries and any land outside its boundaries over which it is authorized to exercise powers as recorded by map or description in the office of the County Recorder.
LEASE. A contract by which one conveys real estate for a specified term and a specified rent.
LOT. A parcel or portion of land separated from other parcels or portions by a description as on a subdivision or record of survey map or by metes and bounds, for purpose of sale, lease or separate use. In computing the number of lots in a subdivision, any portion remaining to the owner and not intended for sale shall, nevertheless, be considered a lot. LOT includes the words PLOT, PARCEL and TRACT.
LOT AREA. The area of the horizontal plane of the lot bounded by the vertical planes of the front, side and rear lot lines.
LOT LINE. A line which marks the boundary of a lot.
LOT, TYPES. Terminology used in this chapter with reference to different types of lots is as follows:
(1)
CORNER LOT. Lot located at the intersection of two or more streets.
(2) INTERIOR LOT. Lot with only one frontage on a street.
(3) THROUGH LOT. Lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may also be referred to as double frontage lots.
MASCULINE. Includes the feminine.
MONUMENT. Any permanent marker either of stone, concrete, galvanized iron pipe or iron or steel rods, used to identify the boundary lines of any tract, parcel, lot or street lines.
NO ACCESS EASEMENT. Public easement along a public right-of-way, across which the access to a property is not permitted.
OFFICE OF THE RECORDER. Recorder's office of the county.
OWNER. Any individual, company, partnership or corporation, having sufficient proprietary interest in the land sought to be subdivided, to commence and maintain proceedings to subdivide the same under this chapter.
PERFORMANCE GUARANTEE. Any guarantee which may be accepted in lieu of a requirement that certain improvements be made before the Plan Commission approves the final plat, including, but not limited to, performance bond, escrow agreements or surety arrangements as approved as valid and enforceable by the Town Council.
PERSON. Includes an individual, firm, association organization, partnership, trust, company, corporation or any other legal entity.
PLAT. The drawing, map or plan or a re-plat of a subdivision or other tract of land, including certifications, descriptions and approvals.
PLAT, FINAL. The final presentation of the map, plan or record of a subdivision and any accompanying material, as described in these regulations.
PLAT, PRELIMINARY. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Plan Commission for approval.
PLAT, SKETCH. Informal sketch preparatory to the preparation of the preliminary plat (or final plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Plan Commission as to the form of the plat in accordance with the objectives of these regulations.
PRESENT TENSE. Includes the past and future tense; words in the singular include the plural.
PUBLIC SEWER. A sewage disposal system which is constructed, installed, maintained, operated and owned by a municipality, taxing district established for that purpose or a utility under the jurisdiction of the Public Service Commission of the state, but shall not include a county sewer installed for the purpose of carrying surface water runoff and sub-soil drainage.
PUBLIC UTILITY. A firm, corporation, municipal department or board duly authorized to furnish or furnishing under regulation to the public, electricity, gas, steam, communication (including CATV), transportation, drainage, sewer and water.
PUBLIC WATER. Water supply system which is constructed, installed, maintained, operated and owned by a municipality, taxing district established for that purpose or a utility under the jurisdiction of the Public Service Commission of the state.
REGISTERED ENGINEER. An engineer who is properly licensed in compliance with the laws of the state.
REGISTERED LAND SURVEYOR. Land surveyor who is properly licensed in compliance with the laws of the state.
RESERVE STRIP. Area of land adjacent to a public right-of-way which is retained in private ownership by the subdivider for the purpose of denying access to the adjacent land or an area of land which is reserved and held in public ownership for street widening.
RIGHT-OF-WAY. A strip of land appropriated for public use as a street, highway, driveway, alley or walkway or for any drainage or public utility purpose or other similar uses.
SCREENING. Any means of protecting an area of land from the adverse visual and audible effects of another area. The specific requirements for screening are set forth in Chapter 152.
SETBACK. The distance between a building and the nearest street right-of-way line or property line regardless of whether it is the front, side or rear of the building. It is a line established by Chapter 152 that requires all buildings to be set back a certain distance from property lines.
SHALL. Mandatory requirement, the word MAY is a permissive requirement and the word SHOULD is a preferred requirement.
STANDARDS. A specific and detailed listing of materials and construction methods for subdivision improvements and standards of construction and design as adopted by the Town Council.
STREET. The area between the lot lines abutting upon a right-of-way, designed for vehicular traffic, whether designated as an alley, street, highway throughway, freeway, expressway, road, avenue, boulevard or however otherwise designated, such as:
(1) ARTERIAL, MINOR. Any roadway that provides for through traffic movements between areas within the county and through the county;
(2) ARTERIAL, PRINCIPAL. Limited access highways which carry large volumes of interstate traffic and have more importance regionally than locally. They may contain four or more moving lanes and permit a continuous high speed traffic flow;
(3) COLLECTOR. Street which carries traffic from local streets to arterial streets and may include the principal entrance street of residential developments;
(4) CUL-DE-SAC. Dead-end street terminated by a vehicle turn-around;
(5) LOCAL. Any roadway, the primary function of which is to provide direct access to residential, commercial, industrial or other abutting real estate;
(6) LOOP STREET. Any street which has its origin and termination point with the same street and forms a loop or "U" of various shapes or proportions;
(7) MARGINAL SERVICE ROAD. Minor road which is parallel and adjacent to a thoroughfare and which provides access to abutting properties and protection from through traffic;
(8) PERIMETER. Any existing street to which the parcel of land to be subdivided abuts on only one side; and
(9) PRIVATE. Access roadway that is not dedicated or accepted for public use or maintenance which provides vehicular and pedestrian access.
SUBDIVIDER. Individual firm, corporation, partnership, association, syndicate, trust or other legal entity that executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of this chapter. The subdivider need not be the owner of the property. However, he or she shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.
SUBDIVISION.
(1) Land, vacant or improved, both residential and nonresidential, which is divided for the purpose of sale, lease or development, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument.
(2) The division of a single lot, tract or parcel of land, into two or more lots, tracts or parcels, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership, for residential, commercial or industrial purposes may be by means of a minor or major subdivision, in accordance with the provisions of this chapter; provided, however, this definition shall not include the division of a single parcel into lots five acres or greater in area or that this definition shall not include divisions of land for agricultural purposes only, not involving any new street(s) or easement(s) of access or the sale or exchange of parcels between adjoining lot owners that do not create additional building sites.
(3) MINOR SUBDIVISION. Shall create no more than three lots, counting the balance of the original parcel as one of the three, and further providing that the subdivision of the parcel shall not involve the creation of any new street, either public or private. The balance of the parcel of land or any lot created within the MINOR SUBDIVISION shall be further subdivided only as a major subdivision, with this provision also being applicable to any subsequent change in ownership.
(4) MAJOR SUBDIVISION. Required when four or more lots, counting the balance of the original parcel as one of the four, are created. Regardless of the number of lots involved, creation of any new street in the division of land shall also be by means of a MAJOR SUBDIVISION. In addition, a MAJOR SUBDIVISION plat shall be required when any parcel of land previously divided as a minor subdivision is further divided.
USED or OCCUPIED. Includes the words intended, arranged or designed to be used or occupied.
(Ord. 83-003, passed 4-12-1983; Ord. 2019-009, passed 9-10-2019)