These regulations shall be known and may be cited as the “Subdivision Regulations of the City of Maize, Kansas”, and shall hereinafter be referred to as “these regulations.”
These regulations are adopted under authority established by K.S.A. 12-741 et seq. as amended, 12-749, 12-752, 12-760 and 12-761, 12-764, 12-3009 through 12-3012, and 12-3301 and 12-3302.
Purpose. Responsible land subdivision is the initial step in the process of orderly community development. Once land has been divided into streets, lots and blocks and publicly recorded, the correction of defects is difficult and costly. These regulations are designed and intended to serve the following purposes:
A. To provide for the harmonious development of the City of Maize;
B. To provide for (1) desirable lot layouts, (2) efficient and orderly location of streets and the extent and manner in which they shall be improved, and (3) provision made for storm drainage;
C. To provide for adequate water supply, sewage disposal, various utility services and other improvements to protect public health, safety and general welfare;
D. To provide for and secure to the proper governmental agencies the actual construction of all such necessary on- site and off-site public improvements including the reservation or dedication of land for park and recreational purposes;
E. To provide protection from periodic flooding conditions;
F. To reserve or dedicate land for open space to preserve natural areas for watercourses, drainage ways, wetlands, woodland, rugged topography, wildlife habitat, and for water quality and quantity, and to protect land from soil erosion;
G. To avoid water and air pollution and the congestion of population and traffic;
H. To facilitate safety by adequate access for fire fighting equipment, police protection and emergency medical services;
I. To coordinate the subdividing of land with applicable zoning regulations, various construction codes and other City regulations which also affect the development of the land;
J. To establish administrative procedures necessary to assure a fair and uniform basis for a working relationship with subdividers, utility providers and various governmental agencies, all of whom are contributing to the development of the community; and
K. To realize the goals, policies and planning proposals as contained in the adopted Comprehensive Development Plan.
These regulations shall apply to all subdivisions of land within the corporate limits of the City of Maize as presently exists or are hereinafter established in Sedgwick County, Kansas. All such land is included in the Planning Area for the Comprehensive Development Plan.
A. General Applicability. These regulations shall apply to the owner(s) of any land within the jurisdiction of these regulations desiring to:
1. Vacate rights-of-way, easements, other public reservations or recorded plats;
2. Divide or further divide land into two or more lots or parcels;
3. Otherwise alter the boundaries of lots or parcels of land;
4. Establish land for use as streets, alleys or other property intended for public use or for the use of a purchaser or owner(s) of lots or parcels.
The owner(s) shall cause a plat to be made in accordance with the provisions of these regulations, unless exempted specifically in sub-section B.
B. Exemptions. The following instances or transactions are specifically exempt from these regulations:
1. Any lot, parcel or tract of land located within the area governed by these regulations that has been legally subdivided, resubdivided or replatted and recorded prior to the effective date of these regulations, except that any further division not in conformance with the previous legal subdivision shall meet these regulations.
2. A conveyance or dedication of land or interest therein for use as a street, highway, road or railroad right-of- way, a drainage easement or public utilities subject to local, state or federal regulations, where no new street or easement of access is created.
3. The layout of burial lots in cemeteries; however, the actual cemetery tract is not exempt.
4. Any transfer by operation of law.
Any request made in writing for a determination as to qualifications for being exempt from these regulations shall be answered by the Subdivision Administrator either in the affirmative or negative within 30 days of filing such a request containing all relevant information.
These regulations shall be in full force and effect from and after their adoption by the Planning Commission, approval by the Governing Body by an ordinance incorporating these regulations by reference and publication of such ordinance in the official city newspaper.
A. Division of Administrative Responsibility. The administration of these regulations is vested in the following governmental branches of the City:
1. Subdivision Administrator
2. City Clerk
3. Subdivision Committee
4. Planning Commission
5. Governing Body
Each of the above named governmental branches shall have the responsibilities indicated in this section.
B. Duties of Subdivision Administrator. The Subdivision Administrator or designee shall administer the provisions of these regulations and shall:
1. Serve as an assistant to the Planning Commission on (1) the review of sketch plans, plats and lot splits; and (2) the vacation of plats, rights-of-way, easements and other public reservations.
2. Inform applicants of procedures required for subdivision approval and vacations, provide application forms and other administrative forms to facilitate the process, and convey to subdividers the decisions of the Planning Commission.
3. Receive and establish files for all sketch plans, preliminary and final plats, replats, final plats for small tracts, lot splits and vacations together with applications therefore.
4. After determining the adequacy of the information submitted as suitable for distribution, forward copies of the preliminary plat and final plats for small tracts, when deemed necessary, to other appropriate governmental agencies and public and private utilities providers for their comments and recommendations.
5. Review and compile a list of comments on all preliminary plats to determine whether such plans comply with these regulations and similarly review and compile a list on all final plats to determine whether they comply with the preliminary plat and these regulations.
6. Forward sketch plans, preliminary and final plats and lot splits to the Subdivision Committee and/or Planning Commission for their consideration, together with the list of comments and recommendations.
7. Following approval by the Planning Commission and recommendations on vacations forward to the Governing Body all final plats, replats, final plats for small tracts as well as vacations after having checked and assembled all pertinent data and drawings.
8. Make Official Administration and Interpretation Statements as specified in this Article.
9. Make such other determinations and decisions as may be required by these regulations.
C. Duties of the City Clerk. The City Clerk shall:
1. File at least three copies of these model regulations marked by the Clerk as “Official Copy as Incorporated by Ordinance No. __”, (i.e., the ordinance approved by the Governing Body) and all sections or portions thereof intended to be omitted clearly marked to show any such omissions or showing the sections, articles, parts or portions that are incorporated and to which shall be appended a copy of the incorporating ordinance. Such copies maintained by the Clerk shall be open to inspection and available to the public at all reasonable business hours.
2. Distribute at cost to the City, official copies of these regulations similarly marked as described in Section 3- 102A to the police department, court, Subdivision Administrator, zoning administrator, building inspector, City Attorney and all administrative departments of the City charged with the enforcement of these regulations. Subsequent amendments to these regulations shall be appended to such copies.
3. Process the required fee.
4. Provide clerical assistance to the Governing Body so as to facilitate and record their actions in the exercise of their duties relating to these regulations.
D. Duties of the Subdivision Committee. The Planning Commission may create a Subdivision Committee composed of any three or more of its members. The Chairperson shall, with the concurrence of the Commission, appoint the members and designate the chairman and vice-chairman of the Committee for such period of time as deemed appropriate. The Subdivision Administrator and other noncommission members such as public and private officials engaged in public works, utilities, sanitations, safety and building and zoning administration may be asked to serve as ex official Committee members. The Subdivision Committee, among other assignments, may:
1. Review sketch plans and forward comments to the potential subdivider.
2. Review preliminary plats to determine compliance with these regulations, review final plats to determine whether they comply with the preliminary plat and these regulations, and forward such determinations and recommendations as may be appropriate to the Planning Commission.
3. When deemed desirable, review proposed lot splits and vacations for recommendations to the Planning Commission.
Any person aggrieved by any comments, determinations or recommendations of the Subdivision Committee shall have a right to appeal to the Planning Commission.
E. Duties of the Planning Commission. The Planning Commission shall:
1. Review the sketch plans, when submitted, and forward comments to the potential subdivider whenever this responsibility is not otherwise performed by a Subdivision Committee.
2. Review and approve, approve conditionally or disapprove preliminary plats and lot splits.
3. Review and approve, approve conditionally or disapprove final plats and transmit any approved plats to the Governing Body for their acceptance of dedications of streets, alleys and other public ways and sites.
4. Make recommendations to the Governing Body on vacations of recorded plats, rights-of-way, easements and other public reservations.
5. Make such other determinations and decisions as may be required of the Commission from time to time by these regulations or applicable sections of the Kansas Statutes Annotated.
F. Duties of the Governing Body. The Governing Body shall:
1. Accept or not accept dedications of streets, alleys, and other public ways and sites shown on final plats and, in cases of disapproval or modification, inform the subdivider in writing of the reasons.
2. Approve or not approve vacations of recorded plats, rights-of-way, easements and other public reservations.
G. Building and Zoning Permits. No building or zoning permit or occupancy certificate except those involving repairs, maintenance, continuation of an existing use or occupancy or accessory structures, shall be issued for a principal building or structure or use on any lot, tract or parcel of any subdivision that is subject to the provisions of these regulations until a copy of the recorded plat is available for examination by the applicable official charged with issuing such permits or certificates. Furthermore, no such building or zoning occupancy certificates shall be issued for the use of any building or structure within a subdivision approved for platting, replatting or lot splitting until required utility facilities have been installed and made ready to service the property; roadways providing access to the subject lot or lots have been constructed or are in the course of construction; or guarantees have been provided to ensure the installation of such utilities and roadways. If platting is not required, dedications in lieu of platting may be required to obtain easements and access control and to widen rights-of-way as well as to provide necessary public improvements during the process of issuing permits.
A. Rules of Construction. Unless the context clearly indicates otherwise, the following rules of construction shall apply to these regulations:
1. All words shall have the customary dictionary meaning, unless specifically defined in these regulations.
2. The present tense includes the future tense and the future tense includes the present tense.
3. The singular includes the plural and the plural includes the singular.
4. Lists of examples prefaced by “including the following,” “such as,” or other similar preface shall not be construed as exclusive and shall not preclude an interpretation of the list including other similar and non- mentioned examples.
5. A reference to an administrative official shall refer to that official or his or her designee.
B. Effect of Other Rights and Regulations.
1. Overlapping or Contradictory Regulations. Where the conditions imposed by the provisions of these regulations are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulations of any kind, the regulations that are more restrictive and impose high standards or requirements shall govern. More restrictive or higher standards or requirements shall be considered those that most effectively and directly implement the goals and policies of the comprehensive plan or purpose and intent of these regulations.
2. Private Agreements. The provisions of these regulations are not intended to abrogate any lawful and valid easement, deed restriction, covenant or other private agreement of legal relationship; provided, that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such private agreements, the requirements of these regulations shall govern. The City does not have the responsibility to enforce such private agreements. More restrictive or higher standards or requirements shall be considered those that most effectively and directly implement the goals and policies of the comprehensive plan or purpose and intent of these regulations.
3. Cumulative Limitations. The provisions of these regulations are cumulative and additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter set forth in the provisions of these regulations.
4. Unlawful Subdivisions. A subdivision of land which was not lawfully existing at the time of the adoption of these regulations shall not become or be made lawful solely by reason of the adoption of these regulations.
5. Vesting of Development Rights. For the purpose of single-family residential developments according to K.S.A. 12-764, as amended, development rights in such land use shall vest upon recording of a final plat of such land after January 1, 1992. If construction of a principle structure is not commenced on such land within five years of recording a final plat, the development rights in such land shall expire and, thus, all revisions to zoning or subdivision regulations becoming effective during the period vested shall thereafter apply to such platted land.
C. Graphics and Commentary. Graphics and commentary used in these regulations are to aid interpretation of the text, unless otherwise specifically stated. In the event of a conflict or ambiguity between a graphic or commentary and the text, the text shall control.
D. Computations of Time. Unless specifically stated in individual sections, wherever these regulations state a time period, it shall be interpreted as follows:
1. The day of the act, event, or other means which commences the time period shall not be counted.
2. The last day of the time period shall be included in the time period, unless it is a Saturday, Sunday, or legal City holiday, in which case the next working day shall end the time period.
3. Whenever the time period is expressed to require a formal submittal to the City, the time period shall end at 5:00 P.M. on the last day of the time period.
4. Any time period expressed in years shall include a full calendar year from the act, event or other means which commences the time period.
E. Resources, Guides, and Industry Standards.
1. Resources, guides, and industry standards, recognized as authority in the planning and design of communities may be used as a supplement to interpreting these regulations. Any use of such resource, guides, and industry standards shall be subject to the approval of the Subdivision Administrator, upon a determination that the content is consistent with the Comprehensive Plan, the purpose of these regulations, and intent of the section to which it may apply.
2. These materials shall only be used to aid in the interpretation and application of these regulations, and shall not be used to modify, contradict, or in any way change the standards and requirements of these regulations.
3. Any resource, guide, or industry standard approved by the Subdivision Administrator shall be listed in Appendix A and at least one copy shall be kept on file with the City.
F. Official Interpretation. The Subdivision Administrator shall make all interpretations under these regulations necessary to administer and implement the regulations.
1. Authority. The Subdivision Administrator, may make an Official Interpretation and Applicability statement in any specific circumstance where 2 or more reasonable interpretations would result in substantively different outcomes.
2. Process. An Official Interpretation and Applicability Statement shall:
a. Be made in writing and filed with the Planning Commission by placing it on the agenda of a regular scheduled meeting;
b. Be effective 30 days after the filing with the Planning Commission, unless a longer period is stated in the interpretation or unless the Planning Commission tables the Interpretation and Applicability Statement and calls a public hearing to consider the interpretation;
c. Be incorporated into these regulations in Appendix B and upon its effective date control in all future situations similar to the specific circumstance;
d. Be effective until:
(1) It is replaced by a different Official Interpretation and Applicability Statement;
(2) It is overruled by an appeal according to these regulations; or
(3) It is amended, altered, or repealed by a text amendment to the section of the regulations that the interpretation addressed.
3. Criteria. In making an Official Implementation and Applicability Statement, the Subdivision Administrator shall use the following criteria:
a. Sound professional planning practice standards and principles;
b. The Comprehensive Plan and any other official plans or programs developed under the guidance of the Comprehensive Plan;
c. The purposes and intent statements of these regulations; and
d. Any resources, guides, or industry standards cited in these regulations.
A. Violations. No plat shall be approved which does not comply with the provisions of these regulations or be entitled to record at the County Register of Deeds or have any validity until it shall have been approved in the manner prescribed in these regulations. It shall be the duty of the Subdivision Administrator and the applicable official charged with issuing building and zoning permits and occupancy certificates in conjunction with the City Attorney or their designees to enforce these regulations. The following actions are violations of these regulations:
1. The transfer or sale by metes and bounds description of any land subject to the applicability of, and not otherwise exempted by, Section 105.
2. Approval of a plat by the Planning Commission that does not comply with the provisions of these regulations.
3. The transfer or sale of any lot, tract or parcel of land located in a plat accepted for dedication by the Governing Body which has not been recorded with the Register of Deeds.
4. The recording of any plats or replats of land laid out with building lots, streets, alleys, utility or other easements and dedications to the public unless the plat or replat bears the signatures of the Planning Commission and the Governing Body.
B. Penalties. Pursuant to K.S.A. 12-761, as amended, any violations of these regulations shall be deemed to be a misdemeanor. Any person, firm, association, partnership, or corporation convicted thereof, shall be punished by a fine not to exceed $500 or by imprisonment for not more than six months for each offense or by both such fine and imprisonment. Each day’s violation shall constitute a separate offense.
C. Remedies. The City shall further have the authority to maintain suits or actions in any court of competent jurisdiction for the purpose of enforcing any provisions of these regulations and to abate nuisances maintained in violation thereof; and in addition to other remedies, the appropriate authorities of the City of Maize may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of such buildings, structures or land.
For purposes of wholly or partially defraying the costs of the administrative and enforcement provisions described in these regulations, including the cost of engineering and inspection services and recording legal documents, the applicant upon filing an application for a preliminary or final plat, plat for small tracts, lot split or vacation, shall pay the Clerk a fee according to the fee schedule approved by the Governing Body. No part of such fee shall thereafter be refunded.
The Subdivision Administrator shall periodically report verbally or in writing to the Governing Body and the Planning Commission a summary of all subdivisions and the number of lots recorded on final plats during the preceding period, giving details of any permitted variations, as well as the current status of all applications in process for sketch plans, preliminary and final plats, lot splits and vacations. Such a report shall include comments on any problems encountered in the administration or enforcement of these regulations that may especially be of use at the annual review established by these regulations
The following definitions shall be used in the interpretation and construction of these regulations:
ACCELERATION LANE: An added roadway lane which permits integration and merging of slower moving vehicles into the main vehicular stream of traffic.
ACCESS CONTROL: The limitation of public access rights to and from properties abutting streets or highways. Access control is used on major streets and highways, when necessary, to preserve high quality traffic service and to improve safety.
APPLICANT: A person submitting an application for approval of a preliminary and/or final plat or a lot split.
BENCH MARK: Surveying mark made in some object which is permanently fixed in the ground showing the height of that point in relation to sea level.
BLOCK: A series of lots or tract of land bounded by streets, public parks, cemeteries, railway rights-of-ways, waterways, city limits or a combination thereof.
BUILDING SETBACK LINE: A line on a lot or other parcel of land indicating the limit beyond which buildings or structures may not be erected or altered and establishing the minimum open space to be provided. Such line may be more, but not less restrictive that applicable zoning or other regulations.
CURB CUT: The opening along a curb line at which point vehicles may enter or leave a roadway.
DECELERATION LANE: An added roadway lane that permits vehicles to slow down and leave the main vehicular stream of traffic.
DEDICATION: A gift or donation of property by the owner to a governmental unit. The transfer is conveyed by a plat or a written separate instrument. The act of dedicating is completed with a formal acceptance by the governing body.
DESIGN STANDARDS: Basic land planning principles established as guides or requirements for the design and layout of subdivisions as described in these regulations.
DETENTION POND: A storage facility for the temporary storage of storm water runoff. The storm water may be released by gravity or by mechanical means at such time as downstream facilities can handle the flow.
EASEMENT: A public dedication or private grant by a property owner of the specific use of a strip of land or portion of land by others.
ENGINEER: A professional engineer licensed by the State of Kansas or licensed to practice in the State of Kansas who designs or engineers and inspects public improvements in connection with the approval of plats and construction of related improvements. (See LAND PLANNER and LAND SURVEYOR.)
FRONTAGE: The property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street; or with a dead-end street, all property abutting one side of such street measured from the nearest intersecting street and the end of the dead-end street.
IMPROVEMENTS, PUBLIC: Any street, roadway, alley, sidewalk, planting strip, cross walkway, off-street parking area, sanitary sewer, storm sewer, drainage ditch, water main or other facility for which a governing body may ultimately assume the responsibility for maintenance and/or operation.
LAND PLANNER: A certified professional planner, or a professional architect, engineer, landscape architect or surveyor licensed by the State of Kansas or licensed to practice in the State of Kansas with similar qualifications and experience who is responsible for the design and preparation of a preliminary plat.
LAND SURVEYOR: A licensed land surveyor registered by the State of Kansas or licensed to practice in the State of Kansas who is responsible for the survey and preparation of the final plat.
LOT: A 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 development.
1. LOT, DOUBLE FRONTAGE: A lot, two opposite lot lines of which abut upon streets that are more or less parallel.
2. LOT, FLAG: A lot, tract or parcel of land that provides minimum frontage to a road or street by a narrow strip or land for a driveway and whose main body of land lies to the rear of the property which is adjacent to the road or street. When such lots are permitted, a building setback line must be shown on the recorded plat which is not less than that required by applicable zoning regulations.
3. LOT, PIANO KEY: A lot, tract or parcel of land that provides the minimum required frontage to a road or street, but is long and narrow – typically more than 5 times the depth than the width – and where this pattern of development can prevent the efficient division, re-platting, or opening of roads to support planned and future development of the surrounding area.
4. LOT, REVERSE FRONTAGE: A lot whose rear lot line also serves as the street line for a limited access highway or street.
LOT DEPTH: The distance between the midpoint of the front lot line and the midpoint of the rear lot line.
LOT LINE: The boundary line of a lot.
LOT SPLIT: The dividing of a lot in a recorded plat or replat of a subdivision into not more than two parcels which creates an additional lot and meets the criteria established within these regulations. A lot split is not created by the transfer or sale of a lot plus a portion of an adjacent lot or the combining of portions of two lots to form a lot that is equal to or larger than the other platted lots in the block so long as an additional lot is not created.
LOT WIDTH: The distance on a horizontal plan between the side lot lines of a lot, measured at right angles to the line establishing the lot depth at the established building setback line.
MINIMUM PAD ELEVATION: The lowest ground elevation completely surrounding a structure or the lowest flood proofed opening into a structure. This elevation is expressed in city datum or mean sea level.
MONUMENT: A device used to mark and identify the corners in the boundaries of subdivisions, blocks, and lots and the points of curves in the street right-of-way. Usually such devices are made of a metallic bar or tube and may or may not be in concrete.
OWNER: Any individual, firm, association, partnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.
PARKING STRIP or PLANTING STRIP: That portion of street right-of-way that is unpaved and which is located between the back of a curb and the street right-of-way line. Such strip provides right-of-way for the installation of public utilities (typically gas and water lines), street signs, street lights, sidewalks, driveways, traffic control devices, fire hydrants, street furniture, street trees and other ancillary uses. The parking strip should not be confused with parking lanes that are often provided for as part of street pavement.
PEDESTRIAN WAY (CROSSWALK): A right-of-way across a block or providing access within a block to be used primarily by pedestrians.
PETITION: A legal instrument that serves as the basis for initiation of a public improvement project. A petition is frequently used during the platting process to guarantee the construction of certain improvements, e.g., street paving, water and sewer lines, drainage, etc. A petition is valid if its signatures are more than 50% either by area within a benefit district or by ownerships. Petitions are also used to initiate the vacation of streets, alleys, easements, other public reservations and plats..)
PLAT: A map or drawing on which the subdivider’s plan of the subdivision is presented and which he submits for approval and intends in final form to record.
1. SKETCH PLAN: A map or plan of a proposed subdivision made prior to the preparation of the preliminary plat to enable the subdivider to save time and expense in reaching tentative general agreements by a discussion of the form and objectives of their regulations.
2. PRELIMINARY PLAT: A tentative map or plan of a proposed subdivision of land showing the character and general details of the proposed development.
3. FINAL PLAT: A formal document by drawing and writing representing a subdivision that is prepared in accordance with these regulations to be placed on record with the County Register of Deeds.
4. REPLAT: A new plat or a revision to a subdivision or portion thereof for which a final plat has previously been recorded. The approval of a replat is processed in the same manner as a final plat.
RESERVE: An area of property within a subdivision that is platted for specific uses, e.g., open space, landscaping, entry monuments, recreational facilities, utilities, drainage, floodway, etc. Typically, future ownership and maintenance responsibilities for a reserve is set forth by a restrictive covenant which provides that homeowners or lot owners association will hold title to the reserve and therefore be responsible for the reserve’s maintenance. The restrictive covenant may provide for ownership and maintenance to be tied to the ownership of an adjacent lot. Ownership and maintenance is not assigned to an individual, partnership or corporation except in the case of a reserve platted for possible future sale to a public body for a public facility.
RESTRICTIVE COVENANTS: Contracts entered into between private parties that constitute a restriction on the use of private property within a subdivision for a benefit of property owners and to provide mutual protection against undesirable aspects of development that would tend to impair stability of values. Such restrictions may be set forth in a deed. Restrictions are also placed of record by separate instruments including homeowner association agreements. Restrictive covenants usually run with the land.
RESUBDIVISION: The subdivision of a tract of land that has previously been lawfully subdivided and a plat of such prior subdivision duly recorded. Sometime referred to as “replat”.
RIGHT-OF-WAY: The area between boundary lines of a street or other easement.
ROADWAY: That portion of a street, alley or highway right-of-way that has been graded, surfaced or otherwise improved for use by vehicular traffic, exclusive of sidewalks, driveways and related uses.
SCREENING: Fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind such fencing or vegetation. When fencing is used for screening, it shall be not less than six nor more than eight feet in height, unless otherwise provided.
SIDEWALK: That portion of a street or pedestrian way, paved or otherwise surfaced, intended for pedestrian use only.
STREET: The entire right-of-way width between the boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic, and the placement of utilities and including the term “road”, “highway”, “lane”, “place”, “avenue”, “alley”, or other similar designation.
STREET WIDTH: The shortest distance between lines delineating the right-of-way of a street.
SUBDIVIDE LAND: To partition a parcel of land into two or more parcels, tracts, lots or sites for the purpose of transfer of ownership or development, whether immediate or future, when such parcel exists as a unit or contiguous units under a single ownership.
SUBDIVIDER: The owner, or any other person, firm or corporation authorized by the owner, undertaking proceedings under the provisions of these regulations to subdivide land.
SUBDIVIDER’S AGREEMENT: A contractual agreement signed and notarized by the subdivider and the governing body that is conditioned upon acceptance of the final plat for the dedication thereon with primary concern for the design, installation, inspection and financing or guarantees for public improvements.
SUBDIVISION: Either an act of subdividing land as defined in this section or a tract of land subdivided.
SUBDIVISION ADMINISTRATOR: A person appointed by the Mayor with the consent of the City Council as administrator of these regulations.
TURNAROUND: An area at the closed end of a street with a single common ingress and egress within which vehicles may reverse their direction.
VISION TRIANGLE: A triangular area at the intersection of streets maintained in such a manner as to provide a safe and open line of vision for drivers of vehicles approaching the intersection.
WATERCOURSE: A stream of water having a course, current and cross-section.
WETLAND: A land area that is saturated by surface water or ground water at frequencies and durations sufficient to support a prevalence of plant life typically adapted for life in saturated soil conditions and as defined in Section 404, Federal Water Pollution Control Act of 1972 as amended, and delineated on maps prepared by the U.S. Fish and Wildlife Service and as field verified by on-site inspection.
If any part of provision of these regulations is adjudged unconstitutional or otherwise invalid by any court of competent jurisdiction, then such part or provision shall be considered separately and apart from the remaining parts or provisions of these regulations, and said part or provision to be completely severable from the remainder of these regulations, and the remainder provisions of these regulations shall remain in full force and effect.