§ 157.006 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADMINISTRATOR. The designated administrator is the City Planner because of his or her training in the principles of subdividing.
   BLOCK. A tract of land bounded by a street or streets and any combination of boundary lines of public or institutionally owned lands, railroad right-of-way, rivers, lakes and other lines of demarcation.
   BOARD. The Board of Public Works and Safety of the city.
   BOND. Any form of security including cash, surety bond or financial instrument of credit, as approved by the Board, for the purpose of guaranteeing that improvements be made in a subdivision according to the standards as adopted by the Board.
   BUILDING SET BACK LINE. The area in which no permanent structure shall be constructed or located.
   CEMETERY. An area set apart for or containing graves or tombs; a graveyard.
   COMMISSION. The City Plan Commission of the city.
   COUNCIL. The Common Council of the city.
   COMPREHENSIVE PLAN. A plan for the physical development of the community, prepared and adopted by the Commission pursuant to state law, and including any part of the plan separately adopted and any amendment to such plan, or parts thereof.
   CROSSWALK. A right-of-way dedicated to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
   DEVELOPER. The owner of land proposed to be subdivided, or his or her representative.
   EASEMENT. A grant by a property owner to the general public, a public utility, a drainage district or a private party for the use of land for a specifically stated purpose.
   FLOOD PROTECTION ORDINANCE. Chapter 153 of the city code as amended which sets forth standards as recommended by the National Flood Insurance Program.
   FRONTAGE. The length along the street right-of-way line of a single lot, tract or development area between the lot lines of the property. It is that side of a lot abutting a street and ordinarily regarded as the front of the lot.
   GRADE. The slope of a lot, street or other public right-of-way in terms of percentage.
   IMPROVEMENT. Any alteration to the land or other physical constructions associated with subdivision and building site development.
   INFRASTRUCTURE. The fixed public works and facilities necessary in a community, such as sewers, water systems, streets, sidewalks and street lights.
   INTERESTED PARTIES. Property owners within 300 feet of a proposed subdivision, staff of the Commission and the subdivider.
   LOT.
      (1)   LOT. A parcel or portion of land separated from other parcels or portions by description, as on a subdivision of record or survey map for purposes of sale, lease or separate use. Includes the words PARCEL or TRACT.
      (2)   LOT, DOUBLE FRONTAGE. A lot, other than a corner lot, which fronts on 2 streets.
   MODEL HOME. A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision.
   MONUMENT. Any permanent marker used to identify the boundary lines of any tract, parcel, lot or street lines.
   OUTLOT. A nonbuildable lot which is to be excluded from the development of the subdivision because of its potential use as a street extension or other public purpose.
   OWNER. Any person, firm, association, syndicate, sole proprietorship, partnership, corporation or any other legal entity having legal title to the land sought to be subdivided under these regulations.
   PLANNED UNIT DEVELOPMENT. Residential, commercial, or industrial development, or combination thereof, of a tract of land under single ownership or control according to an approved final site development plan.
   PLAT OF SUBDIVISION. The drawing on which the subdivider’s plan of subdivision is presented to the Commission for approval and which, if approved, may be submitted to the County Recorder for filing.
   PUBLIC UTILITY. A firm, corporation, municipal department, or board duly authorized to furnish, or furnishing under regulation to the public, electricity, gas, steam, communication, central antenna television, transportation, drainage, sewer or water.
   REGISTERED ENGINEER. An engineer who is licensed in compliance with the laws of the state.
   REGISTERED LAND SURVEYOR. A surveyor who is licensed in compliance with the laws of the state.
   REPLAT. The process of allowing for an adjustment of a lot line or lines or easements, as shown on a recorded subdivision which may or may not affect any street layout, whether existing or proposed and may or may not increase the total number of lots within the area proposed to be replatted.
   RE-RECORDING. The process allowing for an adjustment of an easement or easements, or correction of a drafting or typographical error, as shown on an approved and recorded subdivision which does not affect the size or configuration of the lot in question.
   RESERVE STRIP. An area of land between a partial street and adjacent property, which is reserved or held in public ownership for future street widening.
   RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by transportation facilities, public utilities or other special public uses. RIGHTS-OF-WAY intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which the right-of-way is established.
   STAFF. The staff of the City Plan Commission of the city.
   STANDARDS. A specific and detailed listing of materials and construction methods for subdivision improvements, standards of construction and design, and performance bond schedules as adopted by the Board.
   STREETS. A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way. STREET also includes the terms highway, parkway, road, thoroughfare, avenue, boulevard, lane, court, place, drive, trail, terrace and other such terms.
      (1)   ALLEYS. Minor ways which are used as a convenience primarily for public and utility service at the rear or side of properties otherwise abutting on a street.
      (2)   COLLECTOR STREETS. Those which are used to carry traffic from local streets to thoroughfares and highways, including the principal entrance streets to a residential development and circulation streets within those developments.
      (3)   CUl-DE-SACS. Short streets having one end open to traffic, the other end being permanently terminated by a vehicle turnaround, not more than 500 feet in length.
      (4)   LOCAL STREETS. Those used primarily for access to the abutting property.
      (5)   LOOP STREETS. Begin at an intersection with another street, run to make a loop or “U” of various shapes or properties, and then re-intersect the street of origin at another point.
      (6)   MARGINAL ACCESS (FRONTAGE) STREETS. Local streets which are parallel to and adjacent to thoroughfare streets and highways, and which provide access to abutting property and protection from through traffic.
      (7)   THOROUGHFARES. Used primarily for fast or heavy traffic.
   SUBDIVIDER. The owner, or duly authorized representative for the owner, of a piece of property either proposed for subdivision or an existing subdivision.
   SUBDIVISION. Any land, vacant or improved, which is divided into 1 or more lots for the purpose of sale, lease, or development, using varying types of financing methods. SUBDIVISION includes the division of replay along with subsequent development of residentially and commercially zoned land by plat. These regulations do not apply to:
      (1)   The willing/unwilling sale of land as a result of legal condemnations as defined and allowed by state statute;
      (2)   Widening of existing streets to conform to the Comprehensive Plan; and
      (3)   The acquisition of street rights-of-way by a public agency in conformance with the Comprehensive Plan.
   TRAFFIC CONTROL DEVICES. All signs, signals, markings, and devices placed or erected by authority of the Board for the purpose of regulating, warning, or guiding traffic.
   VARIANCE. A modification of the strict terms of the relevant regulations of this chapter where the modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. Variances in subdivision regulations are granted only by the Commission.
   ZONING ORDINANCE. Chapter 159 of the city code.
(Prior Code, § 158.06) (Ord. 4829, passed 6-27-1983)