(a) Alley. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other streets.
(b) Applicant. The owner of the land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premise.
(c) Block. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines or waterways, or boundary lines of municipalities.
(d) 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 City Council.
(e) Building. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and includes any structure.
(f) Zoning Officer. The persons designated by th City to enforce the Zoning Ordinance.
(g) Collector Road. A road intended to move traffic from local roads to secondary arterials. A collector road serves a neighborhood or large subdivision and should be designated so that no residential properties face onto it.
(h) Construction Plan. The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of the plat.
(i) Cul-De-Sac. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
(j) Developer. The owner of land proposed to be subdivided or his representative.
(k) Escrow. A deposit of cash with the City in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow funds shall be deposited by the City Clerk in a separate account.
(l) Easement. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(m) Final Plat. The map or plan or record of a subdivision and any accompanying materials, as described in these Subdivision Regulations.
(n) Frontage. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.
(o) Frontage Street. Any street to be constructed by the developer or any existing street in which development shall take place on both sides.
(p) City Council. The body of the local government having the power to adopt ordinances.
(q) City Attorney. The licensed attorney designated by the City Council to furnish legal assistance.
(r) City Engineer. The licensed engineer designated by the City Council to furnish legal assistance.
(s) Grade. The slope of a road, street, or other public way, specified in percentage (6) terms.
(t) Highway, Limited Access. A freeway, or expressway, providing a trafficway for through traffic, in respect to which owners or occupants of abutting property on lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
(u) Improvements. See Lot Improvements or Public Improvements.
(v) Joint Ownership. Joint ownership among persons shall be construed as the same owner; “constructive ownership” for the purpose of imposing Subdivision Regulations.
(w) Local Road. A road intended to provide access to other roads from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage pipes.
(x) 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.
(y) Lot, Corner. A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding 135 degrees.
(z) Lot Improvement. 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 such betterment. Certain lots improvements shall be properly bonded as provided in these regulations.
(aa) Comprehensive Plan. An overall plan for development of the City, prepared and adopted by the Commission, pursuant to State law, and including any part of such plan separately adopted including any part of such plan separately adopted and any amendment to such plan, or parts thereof.
(bb) Model Home. A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision.
(cc) Neighboring Park and Recreation Improvement Fund. A special fund established by the City Council to retain monies contributed by developers in accordance with the “money in lieu of land” provisions of these regulations within reasonable proximity of the land to be subdivided so as to be of local use to the future residents o the subdivision.
(dd) Nonresidential Subdivision. A subdivision whose intended use is other than residential, such as commercial or industrial.
(ee) Off-Site. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
(ff) Ordinance. Any legislative action, however denominated, of a city which has the force of law, including any amendment or repeal of any ordinance.
(gg) Owner. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
(hh) Perimeter Street. Any existing street to which the parcel of land to be subdivided abuts on only one (1) side.
(ii) Planning Commission. The City’s Planning Commission established in accordance with law. Referred to as “Commission”.
(jj) Preliminary Plat. The preliminary drawing or drawings described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.
(kk) Preliminary Arterial. A road intended to move through traffic to and from such major attractors as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators within the governmental unit; and/or as a route for traffic between communities or large areas.
(ll) Public 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.
(mm) Registered Engineer. An engineer properly licensed and registered in the State.
(nn) Licensed Land Surveyor. A land surveyor properly licensed and registered in the State.
(oo) Resubdivision. A change in a map of an approved or recorded Subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivision.
(pp) Right-of-way. A strip of land occupied or intended to be occupied by a street, crosswalk, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. The usage of the term “right-of-way for landplatting 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 areas of such lots or parcels. Right-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
(qq) Roads, Classifications. The classification of each street, highway, road, and right-of-way is based upon its location in the respective zoning district of the city and its present and estimated future traffic volume and its relative importance and function as specified in the Comprehensive Plan of the local city.
(rr) Road, Dead-End. A road or a portion of a street with only one (1) vehicular-traffic outlet.
(ss) Road Right-of-Way Width. The distance between property lines measured at right angles to the centerline of the street.
(tt) Sale or Lease. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, device, intestate succession, or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate succession, or other written instrument.
(uu) Same Ownership. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entitles, or unincorporated associations, in which a stockholder, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated, association.
(vv) Secondary Arterial. A road intended to collect and distribute traffic in a manner similar to primary arterials, except that these roads service minor traffic generating areas such as community-commercial areas, primary and secondary educational plants, hospitals, major recreational areas, churches, and offices, and/or are designed to carry traffic from collector streets to the system of primary arterials.
(ww) Setback. The distance between a building and the street line nearest thereto.
(xx) Subdivider. Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who, (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel, site, unit, or plat in a subdivision, or who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel, site, unit, or plat in a subdivision, and who (4) is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.
(yy) Subdivision. Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision. Subdivision includes the division or development of residential and nonresidential zoned land, whether by dead, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument.
(zz) Subdivision Agent. Any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing, or developing, or offering to sell, lease, or develop any interest, lot, parcel, unit, site, or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services.
(aaa) Subdivision Plat. the final map or drawing, described in these regulations, on which the subdivider’s plan of subdivision is presented to the Planning Commission for approval and which, if approved, may be submitted to the County Clerk for filing.
(bbb) Temporary Improvement. Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
(Ord. 89-11. Passed 8-21-89.)
SCHEDULE OF FEES
NUMBER OF LOT | FEE |
1 to 3 | $50.00 |
4 to 10 | $75.00 |
Over 10 | $75.00 plus $1 per lot. |
(Ord. 89-11. Passed 8-21-89.)