For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARTERIAL. A principal traffic artery, more or less continuous across the county, which acts as a principal connecting road with state and federal highways and includes each road designated as an arterial street on the major street plan or as designated by the Board of County Commissioners.
BOARD OF COUNTY COMMISSIONERS. The elected governing body of the county.
BUILDING. Any structure having a roof, supported by columns or walls, for shelter or enclosure of persons or property.
COLLECTOR. A road which carries traffic from local roads to arterial roads and highways, including the principal entrance roads of a residential development and roads for circulation in such development.
COMPREHENSIVE PLAN. An official document of the county which guides land use for development.
COUNTY. Lincoln County, South Dakota.
COVENANTS. Those declarations prepared by the developer and intended to be recorded along with the plat, which may provide for restrictions and controls of land uses and development within the subdivision, and which shall include a method whereby all private roadways within the subdivision shall be improved and maintained until such time as the obligation thereof may be accepted by the county or other governmental unit.
CUL-DE-SAC. A local road with only one outlet having an appropriate terminal for safe and convenient reversal of traffic movement.
DEDICATED. A grant of land to the public for their perpetual use.
DEVELOPER. Any person who converts undeveloped land into legally platted, buildable lots. The developer may or may not be the land owner or the builder of structures which occupy the lots.
DOUBLE FRONTAGE. A lot which abuts a road on two opposite sides (not a corner lot).
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the property.
FINAL PLAN. The final plan shall be comprised of final drainage plans, grading plans, and the erosion control plan, and the plat, in duly executed and recordable form.
FRONTAGE ROAD. A road generally located adjacent to an arterial road, with limited access to the arterial, and used only for access to abutting property.
HIGHWAY SUPERINTENDENT. The person appointed by the Board of County Commissioners to direct the operations of the Highway Department.
HOMEOWNERS ASSOCIATION. An association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions through which each owner or a portion of a subdivision—be it a lot, parcel site, unit plot, condominium, or any other interest—is automatically a member or assessment for a prorated share of expense of the association which may become a lien against the lot, parcel, unit, condominium, or other interest or member.
LOCAL ROAD. A road intended to provide access to arterial and collector roads from individual lots and to provide right-of-way for various utilities, but not intended to be used for through traffic.
LOT. A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
MAJOR STREET PLAN. The street plan adopted as part of the Comprehensive Plan.
MAY. The act referred to is permissive. (See SHALL.)
MONUMENT. A boundary marker of concrete, permanently planted and firmly fixed in the ground placed so that the top of the MONUMENT is flush with natural ground. The MONUMENT shall be six inches in diameter or six inches square and 24 inches in depth. A steel rod, five-eighths inch by 12 inches, shall be placed at the center point on the MONUMENT.
OWNER. The title holder of property on file at the County Register of Deeds.
PERSON. Any individual, firm, partnership, association, corporation, organization, or other legally recognized entity.
PLANNING COMMISSION. The Planning Commission, as duly appointed by the Board of County Commissioners.
PLANNING DIRECTOR. The person appointed by the Board of County Commissioners to direct the activities of the Planning Department and to administer and enforce the provisions of these regulations.
PLAT. A map or representation on paper (or, when required for recording and microfilming purposes, Mylar or similar substances) of a piece of land subdivided into lots, parcels, tracts, or blocks, including roads, commons, and public grounds, if any, all drawn to scale and complete with all irrevocable offers of dedication.
PRELIMINARY PLAN. The preliminary plan shall consist of the preliminary subdivision plan, and the preliminary drainage plan, grading plan, erosion control plan, and proposed covenants.
PRELIMINARY SUBDIVISION PLAN. Drawing or drawings indicating the proposed layout of the lots, blocks, roadways, and public rights-of-way within a subdivision.
PRIVATE STREET/ROAD. A roadway that has not been dedicated for public use, but rather reserved by platting of a lot or by a private easement. The PRIVATE STREET/ROAD shall be owned and maintained by the property owners which it serves. The plat shall have the owner’s certificate regarding the lot’s “private maintenance of facilities.”
REPLAT. A change in a map of an approved or recorded subdivision plat which affects any road layout, area reserved for public use, or lot line.
RIGHT-OF-WAY. A strip of land occupied by a road, railroad, pedestrian walkway, or other special use. The use of the term RIGHT-OF-WAY for platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or area of such lots or parcels. Rights-of-way shall be dedicated to public use by the owner of the property on which such right-of-way is established.
SHALL. The act referred to is mandatory. (See MAY.)
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including, but not limited to, buildings, walls, fences, and signs.
SUBDIVIDER. A person who prepares or causes to be prepared a subdivision plat.
SUBDIVISION. The division of a parcel of land into two or more lots; or parcels ten acres or less in size platted for the purpose of the transfer of ownership, or building development, whether future or immediate; or any division of land involving a new road regardless of parcel size or the number of parcels.
(Ord. 1104-63, passed 4-26-2011)