§ 151.004  DEFINITIONS.
   For the purposes of this chapter, and in order to carry out the provisions and intentions as set forth herein, certain words, terms, and phrases are to be used and interpreted as defined hereafter. Words used in the present tense shall include the future tense; words in the singular number include the plural; words in the plural number include the singular; the word “person” includes a firm, partnership, or corporation as well as an individual; the term “shall” is always mandatory and not discretionary; and the word “may” is permissive. The terms “used” or “occupied” as applied to any land or building shall be construed to include the terms “intended, arranged, or designed to be used or occupied.”
   ALLEY. A service roadway providing only a secondary means of access to abutting property and not intended for general traffic circulation.
   BOARD OF COMMISSIONERS. The Board of Commissioners of the City of Summerset.
   BOUNDARY LINE ADJUSTMENT. A division of land made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division, nor create any lot, tract, parcel, site, or division which contains insufficient area and dimensions to meet minimum requirements for width and area for a building site and may be accomplished in nonconforming situations when the degree of nonconformity is not increased. BOUNDARY LINES ADJUSTMENTS will be submitted as per minor plat application so long as they meet the requirements of § 151.038.
   BUILDING PERMIT. Written permission issued by a Building Official for the construction, repair, alteration, or addition to a building.
   CITY. The City of Summerset, South Dakota.
   CLEARING. Removing vegetative cover.
   COMMUNITY WATER SYSTEM. A public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 24 year-round residents.
   DEDICATED PUBLIC RIGHT-OF-WAY. A parcel of land that is conveyed to the public by the notation “dedicated public right-of-way” on a recorded plat for use as a public right-of-way.
   DENR. The State Department of Environment and Natural Resources.
   DEVELOPER’S AGREEMENT. A contractual agreement between the subdivider and the city which binds the subdivider to the requirements of this chapter.
   EASEMENT. A grant of one or more property rights by the property owner to and/or for use by the public or another person. An EASEMENT is self-perpetuating and runs with the land unless otherwise stipulated.
   FEMA. The Federal Emergency Management Agency.
   GHOST PLATTING. A method of master planning for future urban densities in large-lot subdivisions located within the city’s platting jurisdiction. Platting for future urban lot densities is achieved by the preparation of a layout plat to provide for future lots, streets, and other improvements.
   GRADING. Excavating, filling, or stockpiling soil.
   GRADING PERMIT. Written permission issued by a Building Official for the excavation, grading, or fill of earth or other material. The grading permit is intended to regulate development of agricultural, residential, commercial, and industrial properties; grading of land within or adjacent to FEMA-designated flood hazard areas; and construction of subdivision roads or improvements.
   IMPROVEMENT. Changes and additions to land necessary to support the development or use of real property, such as, but not limited to, boulevards, bridges, culverts, curbs and gutters, electrical transmission and service lines, natural gas lines, potable water mains and service lines, sanitary or storm sewers, sidewalks, street grading and surfacing, street lights, survey monuments, telephone lines, and other similar items.
   LOT. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.
   LOT, DOUBLE-FRONTAGE. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot. A DOUBLE FRONTAGE LOT shall be deemed to have two front yards and two side yards.
   LOT LINE. A line of record bounding a lot that divides one lot from another lot or from a public street or any other public space.
   LOT LINE, FRONT. The lot line separating a lot from a street right-of-way.
   LOT LINE, REAR. The lot line opposite and most distant from the front lot line.
   LOT LINE, SIDE. Any lot line other than a front or rear lot line.
   LOT OF RECORD. A lot or parcel of land whose deed has been recorded in the office of the Register of Deeds of the county prior to the effective date of the ordinance codified herein.
   NON-COMMUNITY WATER SYSTEM. A public water system that is not a community water system and regularly serves a transient population of 25 or more people each day.
   OFF-SITE IMPROVEMENT. An improvement required to be made off site as a result of an application for development and including, but not limited to, road widening and upgrading, stormwater facilities, and traffic improvements.
   PERCENTAGE OF GRADE. The vertical rise or fall of a slope in feet and tenths of a foot for each 100 feet of horizontal distance. The centerline of a street shall be used to determine the grade of the street.
   PLAN, LAYOUT. A plan of a proposed subdivision to be used to determine the physical layout, street, and utility systems, and suitability to the city of the proposed subdivision. This plan shall include all items set forth in §§ 151.051 through 151.052.
   PLANNING COMMISSION. The Planning and Zoning Board of the city.
   PLANNING OFFICIAL. The authority charged with the administration and enforcement of this chapter, as designated by the Board of Commissioners.
   PLANNING DEPARTMENT. The Planning Official and/or her or his staff, designees, agents, or assigns.
   PLAT. A map drawn to scale from an accurate survey for the purpose of recording a subdivision of land.
   PLAT, FINAL. A plat of a proposed subdivision prepared by a registered land surveyor that is in a form that is ready to be recorded by the Register of Deeds and includes all items, certifications, and statements as set forth in § 151.053.
   PLAT, MINOR. A plat of a proposed subdivision prepared by a registered land surveyor used to: consolidate up to three previously platted lots; resubdivide a previously platted lot into three of fewer lots; or accomplish a boundary line adjustment. This plat shall include all items as set forth in § 151.054.
   PLAT, PRELIMINARY. A plat of a proposed subdivision prepared by a registered land surveyor to be used to establish the terms and conditions for development of a proposed subdivision. This plat shall include all items set forth in § 151.037.
   PUBLIC RIGHT-OF-WAY. A strip of land defined by right-of-way lines on a plat that is intended to be occupied by a street, recreation trail, utility line, or other similar use and to be used by the public.
   PUBLIC RIGHT-OF-WAY EASEMENT. A portion of a parcel of land that is defined by a notation on a plat as a permanent easement for use as a public right-of-way.
   PUBLIC UTILITY EASEMENT. A right granted by an owner of property to a public utility or governmental agency to erect and maintain poles, wires, pipes, or conduits on, across, or under the land, for telephone, electric power, gas, water, sewer, or other utility services.
   RECORDED ACCESS EASEMENT. A permanent easement or dedication providing legal access to an isolated tract of land.
   REGISTERED LAND SURVEYOR. A surveyor registered and in good standing with the state.
   RESERVE STRIP. An easement granted to the public for a strip of land to be held in trust until needed for road development or other beneficial public use. The easement may be converted to a public right-of-way easement by resolution of the Board of Commissioners.
   RIGHT-OF-WAY LINES. The lines that form the boundaries of a right-of-way.
   ROAD DISTRICT. An association of land owners formed under the provisions of SDCL Ch. 31-12A to develop a community or subdivision ROAD DISTRICT with the intent and purpose of maintaining the system of roads within the district such that they have the capacity to handle all of the internal traffic and provide adequate ingress and egress to the members of the entire district. The association shall develop rules and by-laws to govern the operation of the association including the election of officers, collection of fees, and the authorization to develop, repair, and maintain all roads within said system.
   SANITARY SEWER. A municipal, community, small, or individual sewage disposal system of a type approved by DENR.
   SIDEWALK. A paved area paralleling and usually separated from the traveled way that is used as a pedestrian walkway.
   STEEP SLOPE. Land areas where the slope of the ground exceeds 20%.
   STREET. A public thoroughfare that affords the principal means of access to abutting property. This term may be used interchangeably with AVENUE, BOULEVARD, DRIVE, HIGHWAY, ROAD, or ROADWAY.
   STREET, ARTERIAL. A street of considerable continuity connecting various sections of the city or regions adjacent to or beyond the city, which is designed for high vehicular speed and large volumes of traffic, and may have the secondary function of providing access to abutting property.
   STREET, COLLECTOR. A street of sufficient continuity to gather and convey traffic from local streets to arterial streets and having the secondary function of providing access to abutting property.
   STREET, CUL-DE-SAC. A minor street with only one outlet and having an appropriate terminus for the safe and convenient reversal of traffic movement.
   STREET, LOCAL. A street having the primary function of providing access to abutting properties and the secondary function of moving traffic.
   STREET LINE. The boundary line where the street right-of-way line and the property line of the abutting property coincide.
   STREETSCAPE. A design term referring to all of the elements that constitute the physical makeup of a street and that, as a group, define its character, including building frontage, street furniture, street paving, landscaping (including trees and other plantings), awning and marquees, sidewalks, signs, and lighting.
   STRUCTURE. A combination of materials that form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water. Fences, walls used as fences, poles, lines, cables, mains, or other transmission or distribution facilities of public utilities are not considered to be STRUCTURES under this definition.
   SUBDIVIDER. The person(s) having an interest in land and in the process of creating a subdivision of said land.
   SUBDIVIDER’S ENGINEER. The professional engineer registered and in good standing with the state who is the agent of the subdivider proposing to design and construct any new subdivision.
   SUBDIVISION. The division of any tract or parcel of land into two or more lots, sites, or other division for the purpose, whether immediate or future, of sale or building development. This term includes resubdivision.
   SUPPLEMENTAL MATERIALS. The plans, reports, narratives, designs, requirements, agreements, covenants, and other materials necessary for the development of a subdivision. These include, but are not limited to, those items listed in § 151.037.
   SURETY. A fidelity or cash bond, provided by the subdivider to the city in lieu of immediate construction of required improvements, in an amount equal to the estimated cost of the improvements, as certified by the subdivider’s engineer, plus 15%. The Planning Commission or the Board of Commissioners may request a review of the cost estimate by the City Engineer.
   TANGENT. A straight line, departing from a curve, which is perpendicular to the radius of that curve.
   USGS DATUM. A United States Geological Survey Geodetic Survey Datum.
   USPLSS. The United States Public Land Survey System.
   VARIANCE. A specific exception, granted by the Board of Commissioners, to the terms of this chapter where such deviation will not be contrary to the public interest and will be granted due to circumstances peculiar to a property.
   VERTICAL CURVE. The vertical surface curvature of a street centerline located between lines of different percentages of grade.
   ZONING ORDINANCE. The ordinance adopted by the city to implement the Comprehensive Plan by regulating the location and use of buildings and uses of land.
(Ord. #115, passed 2-16-2017)
Statutory reference:
Related provisions, see SDCL § 11-3-12