For the purpose of this chapter, certain words and terms used herein shall be interpreted or defined as follows: Words used in the present tense include the future, words in the singular number include the plural, and the plural the singular, unless the natural construction of the word indicates otherwise; the word "lot" includes the word "parcel"; the word "shall" is mandatory; the word "approve" shall be considered to be followed by the words "or disapproved"; the word "herein" means "in these regulations"; and any reference of this chapter includes all ordinances amending or supplementing the same.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
As used in this chapter, the following terms shall have the meanings indicated:
The representative of the Town Council who has been appointed by the Council to serve as the agent of the Council for the administration of this chapter. The Administrator may be, but is not limited to, the Town Clerk or the Town Manager, etc., if officially designated as such.
A permanent service way providing a secondary means of vehicular access to the side or rear of abutting properties and not intended for general traffic circulation.
The owner of land proposed to be subdivided or his representative authorized in writing. A subdivider.
A person licensed to practice as such in the state.
A road designated as such by the State Department of Transportation.
An angular direction measured from one position to another using reference lines.
A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of municipalities.
Any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the governing body. All bonds shall be approved by the Town's attorney whenever a bond is required by these regulations.
Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and includes any structure.
The minimum distance which a building is from the front boundary line or front lot line.
A building or structure in which the principal use of a lot is carried out.
A road determined by the State Department of Transportation as being a collector road.
The Planning Commission of the Town.
A community sewer system including collection and treatment facilities established by the developer to serve a subdivision.
A private water company formed by a developer to serve a community development. It includes water treatment and distribution facilities.
The Town Comprehensive Plan to be adopted by July 1, 1980.
The Town Council.
A local street with only one outlet and having an appropriate turnaround for a safe and convenient reverse traffic movement.
The deliberate appropriation of land by its owner for any general or public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
Authorization by a property owner of any designated part of his property for use by another for a specified purpose.
The application of the reviewing and/or approving authority's stamp and the signature of the appropriate authority to the record plat.
A person licensed to practice as such in the state.
The final map or plan of a subdivision and any accompanying material, as described in these regulations.
A classification of roads, established by the State Department of Transportation, to determine the function of such roads.
The Town Council.
The slope of a road, street, or other right-of-way, specified in percentage terms.
A street, generally parallel to and adjacent to a property line, having a lesser right-of-way width than normally required.
The Health Department of the state.
The legally designated health authority of the State Health Department for the county, or his authorized representative.
The resident engineer for the county employed by the State Department of Transportation.
A freeway or expressway providing a traffic way for through traffic, in respect to which owners or occupants of abutting property or 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 State Department of Transportation.
All required utilities and facilities as specified in this chapter, including but not limited to streets, storm and sanitary sewers and water lines.
A septic tank, seepage tile sewage disposal system, or any other sewage treatment device approved by the State Health Department.
Joint ownership of any type among persons shall be construed as the same owner.
The area or territory subject to the legislative control of the governing body of the Town.
A person licensed to practice as such in the state.
A person licensed to practice as such in the state.
A road so designated by the State Department of Transportation.
A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose of transfer of ownership or for building development.
A lot which has been recorded among the land records in the office of the Clerk of the Circuit Court of the county.
A lot abutting upon two or more streets at their intersection; the shortest side fronting upon a street shall be considered the front of the lot, and the longest side fronting upon a street shall be considered the side of the lot.
The mean horizontal distance between the front and rear lot lines.
A lot other than a corner lot.
An interior lot having frontage on two streets.
The mean horizontal distance between the side lot lines.
See "building, main."
A permanent steel pin or iron identifying marker meeting the requirements and specifications of this chapter. (See § 188-24.)
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.
See "half street."
A bond with surety and/or cash deposit, approved by the governing body and Town Attorney, in an amount equal to the full cost of improvements required by these regulations and provided for completion of such improvements within a definite period.
The Planning Commission of the Town.
Includes the terms map, plot, replat, or replot; a map or plan of a tract or parcel of land which is to be, or which has been, subdivided. When used as a verb "plat" is synonymous with "subdivide."
The preliminary drawing or drawings, described in these regulations, indicating the proposed manner of layout of the subdivision to be submitted to the Planning Commission for preliminary approval.
Any tract, lot or parcel of land, or several of the same collected together for the purpose of subdividing.
Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. All such improvements shall be properly bonded if required.
The copy of the final plat which contains the original endorsements of the Planning Commission and the Town Council and which is intended to be recorded with, and meets the requirements of, the Clerk of the Circuit Court.
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 thereon, or if it affects any map or plan legally recorded as a subdivision prior to the adoption of any regulations controlling subdivisions.
See "lot, reverse frontage."
A strip of land occupied or intended to be occupied by a street, 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 land 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 and adjoining such rights-of-way and not included within the dimensions or area of such lots or parcels. Rights-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 each right-of-way is established.
A road shall be defined as a street.
Any present or future transfer of ownership, or possessory interest in land, including contract of sale, lease, devise, 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.
See "building (setback) line."
A sketch preparatory to the preparation of the preliminary plat to enable the applicant to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and objectives of these regulations.
A strip of land, other than private driveways serving a single structure, subject to vehicular and/or pedestrian traffic providing means of access to property; also designated as street, road, lane, drive, avenue, right-of-way, highway, boulevard, trail, court, place, terrace, etc.
Any street shown on any subdivision plat recorded in the office of the Clerk of the Circuit Court, whether such street is constructed or not.
The unrestricted use of a specified area or right-of-way for ingress and egress to two or more abutting properties.
The total width of the strip of land dedicated or reserved for public travel, including roadway, curb and gutter, sidewalks, planting strips and, where necessary, utility easements.
A public right-of-way generally parallel with and contiguous to a major highway, primarily designed to promote safety by eliminating pernicious ingress and egress to the major highway right-of-way by providing safe and orderly points of access to the major highway.
See "building."
The process of creating new lots to establish a subdivision.
An individual, corporation, proprietor, trust, trustee, joint venture, registered partnership or other entity, owning any tract, lot or parcel of land to be subdivided or a group of two or more persons or entities owning any tract, lot or parcel of land to be subdivided, who have given their power of attorney to one of their group or to another individual or entity to act on their behalf in planning, negotiating for, representing or executing the legal requirements of the subdivision regulations. The applicant.
The division of a parcel of land into one or more lots or parcels of less than five acres each for the purpose of transfer of ownership or building development, or if a new street is involved in such division, any division of a parcel of land. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
Any person who represents or acts for or on behalf of a subdivider or applicant 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.
A person licensed as such by the state.
The United States Coast and Geodetic Survey.