§ 2.01 Terms Defined

For the purposes of this ordinance, certain words herein shall be defined as and interpreted as follows. Words used in the present tense shall include the future, the singular shall include the plural, the plural shall include the singular, the masculine gender shall include the feminine, the term "shall" is always mandatory, and the term "may" is permissive.

1. "Acquisition plat" means the graphical representation of the division of land or rights in land, created as the result of a conveyance or condemnation for right-of-way purposes by an agency of the government or other persons having the power of eminent domain.

2. "Aliquot part" means a fractional part of a section within the United States public land survey system. Only the fractional parts one-half, one-quarter, one-half of one-quarter, or one-quarter of one quarter shall be considered an aliquot part of a section.

3. "Alley" means public property dedicated to public use primarily for vehicular access to the back or side of properties otherwise abutting on a street.

4. "Auditor's plat" means a subdivision plat required by either the auditor or the assessor, prepared by a surveyor under the direction of the auditor.

5. "Block" means an area of land within a subdivision that is entirely bounded by streets, railroad rights-of-way, rivers, tracts of public land, or the boundary of the subdivision.

6. "City engineer" means the professional engineer registered in the State of Iowa designated as City Engineer by the City Council or other hiring authority.

7. "Community Development Plan" means the general plan for the development of the community, that may be titled master plan, land use plan, or some other title, which plan has been adopted by the City Council. Such "Community Development Plan" shall include any part of such plan separately adopted, and any amendment to such plan or parts thereof.

8. "Conveyance" means an instrument filed with a recorder as evidence of the transfer of title to land, including any form of deed or contract.

9. "Cul-de-Sac" means a street having one end connecting to another street, and the other end terminated by a vehicular turn around.

9A. "Design Standards" means the City of Tiffin, Iowa Design Standards as adopted by Resolution No.1997-21 and as may be from time-to-time amended thereafter by action of the City Council.

10. "Division" means dividing a tract or parcel of land into two parcels of land by conveyance or for tax purposes. The conveyance of an easement, other than public highway easement, shall not be considered a division for the purpose of this chapter.

11. "Easement" means an authorization by a property owner for another to use a designated part of his property for a specified purpose.

12. "Flood hazard area" means any area subject to flooding by a one percent (1%) probability flood, otherwise referred to as a one hundred (100) year flood; as designated by the Iowa National Resources Council or the Federal Insurance Administration.

13. "Flood Plain Management Ordinance" means an ordinance regulating the development of all property located within a flood plain as shown on the FEMA flood plain map for the City of Tiffin. The Tiffin Flood Plain Management Ordinance is Ordinance No. 1994-185. No provision of this Ordinance shall vary the terms and conditions of the Flood Plain Management Ordinance.

14. "Floodway" means the channel of a river or other watercourse and the adjacent lands that must be reserved in order to discharge the waters of a one hundred (100) year flood without cumulatively raising the waterway surface elevation more than one (1) foot.

15. "Forty-acre aliquot part" means one-quarter of one-quarter of a section.

16. "Fringe Area Agreement" refers to the Fringe Area Agreement entered into between the City of Tiffin and Johnson County in 1997 regarding zoning and subdivision issues in the area around the City of Tiffin as defined in that Agreement. All applications referring the Applicant to the City of Tiffin shall follow the terms and provisions of this Ordinance and of the Zoning Ordinance unless the Fringe Area Agreement specifically provides otherwise.

17. "Government lot" means a tract, within a section, that is normally described by a lot number as represented and identified on the township plat of the United States public land survey system.

18. "Improvements" mean changes to land necessary to prepare it for building sites including but not limited to grading, filling, street paving, curb paving, sidewalks, walk ways, water mains, sewers, drainageways, and other public works and appurtenances.

19. "Lot" means a tract of land represented and identified by number or letter designation on an official plat.

20. "Lot, Corner": means a lot situated at the intersection of two streets.

21. "Lot, Double Frontage" means any lot that is not a corner lot that abuts two streets.

22. "Metes and bounds description" means a description of land that uses distances and angles, uses distances and bearings, or describes the boundaries of the parcel by reference to physical features of the land.

23. "Official plat" means either an auditor's plat or a subdivision plat that meets the requirements of this chapter and has been filed for record in the offices of the recorder, auditor, and assessor.

24. "Owner" means the legal entity holding title to the property being subdivided, or such representative or agent as is fully empowered to act on its behalf.

25. "Parcel" means a part of a tract of land.

26. "Permanent real estate index number" means a unique number or combination of numbers assigned to a parcel of land pursuant to section 441.29 of the Code of Iowa.

Amended by 2012-319

27. "Planning and Zoning Commission" means the appointed commission designated by the City Council for the purpose of this ordinance, and may also be the zoning commission, in which case such commission shall be known as the Planning and Zoning Commission.

28. "Plat" means a map drawing, or chart on which a subdivider's plan for the subdivision of land is presented, that he or she submits for approval and intends, in final form, to record.

29. "Plats Officer" means the individual assigned the duty to administer this ordinance by the City Council or other appointing authority.

30. "Plat of survey" means the graphical representation of survey of one or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a registered land surveyor.

31. "Proprietor" means a person who has a recorded interest in land, including a person selling or buying land pursuant to a contract, but excluding persons holding mortgage, easement, or lien interest.

32. "Street" means public property, not an alley, intended for vehicular circulation. In appropriate context the term "street" may refer to the right-of-way bounded by the property lines of such public property, or may refer to the paving installed within such right-of-way.

33. "Street, Arterial" means a street primarily intended to carry traffic from one part of the City to another, and not intended to provide access to abutting property.

34. "Street, Collector" means a street primarily designed to connect smaller areas of the community, and to carry traffic from local streets to arterial streets.

35. "Subdivider" means the owner of the property being subdivided, or such other person or entity empowered to act on the owner's behalf.

36. "Subdivision" means the division of land into two or more parts for the purpose, whether immediate or future, of transfer of ownership or building development. The term, when appropriate to the context may refer to the process of subdividing or to land subdivided.

37. "Subdivision plat" means the graphical representation of the subdivision of land, prepared by a registered land surveyor, having a number or letter designation for each lot within the plat and a succinct name or title that is unique for the county where the land is located.

38. "Surveyor" means a registered land surveyor who engages in the practice of land surveying pursuant to chapter 114 of the Code of Iowa.

39. "Tract" means an aliquot part of a section, a lot within an official plat, or a government lot.

40. "Utilities" means the systems for the distribution or collection of water, gas, electricity, wastewater, and storm water.

ARTICLE III: IMPROVEMENTS

Amended by 2012-319