§ 107-2. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator means the person officially designated by the council as the officer responsible for the administration and enforcement of this chapter.

Alleys and service yards means minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

Building lines means a line on a plat between which line and a property line. No structure, including any projection above the juncture of the ground and building may be erected.

Collector streets means 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 a development.

Commission means the planning and zoning commission of the city authorized in article II of chapter 101.

Cul-de-sac means a minor street with only one outlet and culminated by a circular or looped connection.

Easement means a grant by a property owner of the use, for a specific purpose, of a strip or parcel of land to the general public, the city or a person.

Extraterritorial plat approval jurisdiction means the unincorporated area extending the full two miles from the corporate limits of the city as authorized by I.C.A. ch. 354.

Improvements means the furnishing of all materials, equipment, work and services, including plans and engineering services, staking and supervision, necessary to construct all the improvements required in section 107-17 or any other construction that may be provided by the subdivider. All of the materials, equipment and services shall be provided at the subdivider's cost and expense, although the subdivider may enter into a contract with individuals and firms to construct or complete the improvements.

Lot means a portion of a subdivision or other parcel of land intended for transfer of ownership lease or rent for building development.

Major street system of arterial streets and highways means those streets and highways which are used primarily for fast or heavy traffic as through access to connecting neighborhoods with each other as designated by resolution of the council.

Minor street means a property service street not designated as a major arterial or collector street in the major street system plan for the city.

Performance bond means a surety bond or cash deposit drawn or endorsed to the city in an amount equal to the full cost of the improvements which are required by this chapter in the final plat, the cost being estimated by the consulting city engineer, and the surety bond or cash deposit being legally sufficient to secure to the city that the improvements will be constructed in accordance with this chapter.

Person means any natural individual, firm, partnership, domestic or foreign corporation, company, association or joint stock association, trust, or other legal entity, and includes a trustee, receiver, assignee, or similar representative thereof, but does not include a governmental body. As applied to partnerships or associations, the term "person" includes the partners or members thereof; as applied to corporations the term "person" includes the officers, agents, or employees thereof who are responsible for the act referred to.

Plan means a map or drawing which shows the general arrangement of the scheme or design for the subdivision of land, dedication of streets, other rights-of-way or easements which shall contain general dimensioning and not including detailed accurate lot dimensions' curvatures or other engineering data.

Plat means a legal survey map or drawing upon which the subdivider's plan of the subdivision is presented and which the subdivider submits for final approval and intends to record.

Right-of-way means the width, between property lines, of a road, street, parkway, alley pedestrian walkway or other public system

Roadway means that portion of the street available for vehicular traffic or the traveled way; if curbs are laid, the portion from back to back of curbs.

Subdivider means any person, dividing or proposing to divide land to constitute a subdivision as defined herein.

Subdivision means:

(1)

The division of any parcel of land shown as a unit or as contiguous units of the last preceding tax roll, into three or more parts of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership; provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange does not create additional building sites shall be exempted; or

(2)

The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm, drainage or other public facilities.

Street means all property dedicated or intended for public or private use for access to abutting lands or subject to public easements therefor, and whether designated as a street, highway, thoroughfare, parkway, throughway, expressway, road, avenue, boulevard, lane, place, circle or cul-de-sac, or however otherwise designated for the movement of vehicles.

(Prior Code, § 122.02)