For the purpose of this title, certain terms and words are hereby defined. Words used in the present tense shall include the future, the singular number shall include the plural, and the plural the singular; the word "shall" is mandatory, the word "may" is permissive; "should" means that which is recommended, but not required.
ALLEY: A public right of way, other than a street twenty feet (20') or less in width affording secondary means of access to abutting property.
BLOCK: An area of land within a subdivision that is entirely bounded by streets, highways or ways, except alleys; or by streets, highways or ways except alleys and the exterior boundary or boundaries of the subdivision.
BUILDING LINE: A line on a plat between which line and a street no structure or building shall be erected.
COLLECTOR STREETS: Those which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
COMMISSION: The planning and zoning commission.
COUNCIL: The city council.
CUL-DE-SAC: A short, minor street, having one end open to motor traffic, the other end being permanently terminated by a vehicular turnaround.
EASEMENT: A grant by the property owner of the use for a specific purpose, of a strip of land by the general public, a corporation, or a certain person or persons and within the limits of which the owner of the fee shall not erect any permanent structures, but shall have the right to make any other use of the land subject to such easement which is not inconsistent with the rights of the grantee. Public utilities shall have the right to trim or remove trees which interfere with the use of such easements.
ENGINEER: A registered engineer authorized to practice civil engineering, as defined by the registration act of the state of Iowa.
ESCROW AGREEMENT: An agreement between the subdivider and the city whereby a percentage of the sale price of each lot in the subdivision, when sold, shall be deposited in escrow as a guarantee for the installation of the required improvements, the percentage to be determined by the city engineer or city council.
FINAL PLAT: A map or plan in its final form, which is submitted for final approval and which will be recorded.
FRONTAGE STREET: A street that is parallel to and adjacent to a major thoroughfare or highway; and which provides access to abutting properties and protection from through traffic.
IMPROVEMENT: Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off street parking area, lot improvement or other facility for which the city may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which city responsibility is established.
INTERSECTION: The area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at or approximately at right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
LOT: A portion of a subdivision or other parcel of land intended for the purpose, whether immediate or future, of transfer of ownership or for building development.
MAINTENANCE BOND: A corporate surety bond, cash deposit or escrow agreement made out to the city in an amount equal to the full cost of the improvements which are required by this title, said cost being estimated by the city engineer or city council, and said surety bond or cash deposit being legally sufficient to secure to the city that said improvements shall be kept in good repair from the time of acceptance by the city of said improvements for a period of four (4) years for streets, and two (2) years for sewer and water lines.
MAJOR THOROUGHFARE: A street used primarily for fast, large volume traffic.
MINOR STREET: A street used primarily for access to the abutting properties.
PERFORMANCE BOND: A surety bond, cash deposit or escrow agreement made out to the city in an amount not less than the full cost of the improvements which are required by this title, said cost being estimated by the city engineer or city council, and said surety bond or cash deposit being legally sufficient to secure to the city that said improvements will be constructed in accordance with this title.
PLAT OF SURVEY: The graphical representation of a survey of one or more parcels of land, including a complete and accurate description of each parcel within, in the plat, prepared by a registered land surveyor 1 .
PRELIMINARY PLAT: A map or plan showing all the facts needed to enable the commission to determine whether the proposed layout of the land is satisfactory from the standpoint of public interest.
RESUBDIVISION: A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or any area reserved for public use, or any lot line; or if it affects any map or plat legally recorded prior to the adoption of any regulations controlling subdivisions.
ROADWAY: That portion of the street right of way available for vehicular traffic, and where curbs are laid, the portion from back to back of curbs.
STREET RIGHT OF WAY: All property dedicated or intended for public or private use for access to abutting lands or subject to public easements therefor, and whether designed as a street, highway, thoroughfare, parkway, throughway, expressway, road, avenue, boulevard, lane, place, circle or however otherwise designated.
SUBDIVIDER: Any person, firm, partnership, association, corporation, estate, trust or any other group including any agent thereof or combination acting as a unit, dividing or proposing to divide land so as to constitute a "subdivision" as defined herein.
SUBDIVISION: The division of a parcel of land into two (2) or more lots or parcels for sale or development, or, if a new street is involved, any division of a parcel of land; provided, that the following transactions shall be exempt from the subdivision process: the sale or exchange of small parcels of land to and between adjoining property owners where such sale or exchange does not create additional lots or violate the zoning ordinances of the city. The term "subdivision" includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
Major Subdivision: Any subdivision not classified as a minor subdivision.
Minor Subdivision: Any subdivision containing not more than five (5) lots fronting on an existing improved public street and not requiring the extension or improvement of any public utility. (1983 Code § 11-2-2; amd. Ord. 87-3, 7-6-1987; Ord. 06-01, 3-6-2006)
Notes
| 1 | 1. IC § 354.2(15). |