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For this purpose certain words and terms are herewith defined; words used in the present tense include the future; the singular includes the plural and the plural includes the singular; the word "shall" is mandatory and not directory. 1. Subdivision: The division of a single parcel of land into or two or more lots, parcels, sites, units, plats, or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions; or the approval of one or more parcels of land for the purposes of commercial, industrial, or multiple-family development, construction, and/or use. "Subdivision" includes the division or development of land for both residential and non-residential uses, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument. "Subdivision" includes the act of re-subdivision as defined herein. For the purposes of these regulations, "Subdivision" shall be further defined as follows: 1. Major subdivision: Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of four or more lots, or any subdivision requiring any new street or extension of local government facilities, or the creation of any public improvements. 2. Minor subdivision: Any subdivision or re-subdivision of property zoned agricultural or agricultural/residential district, containing not more than four lots fronting on an existing street, which is an improved right-of-way maintained by the city, not involving any new street or the extension of municipal facilities, or the creation of any public improvements, not adversely effecting the remainder of the parcel or adjoining properties, and not in conflict with any provision or portion of the Comprehensive Plan, Zoning Ordinance, or these regulations. 3. Re-subdivision (replat): A change in a map of an approved and recorded subdivision plat, or any map or plan legally recorded prior to the effective date of these regulations. 4. Exempt subdivisions: For the purposes of these regulations, the following divisions of land shall not be considered a "subdivision," or subject to the requirements of these regulations: a. An allocation of land in the settlement of an estate of a decedent, or a court decree for the distribution of property. b. Acquisition of property by the City of Olive Branch, Mississippi for public purposes. c. The improvement of an individual parcel of land, providing said parcel of land having been created prior to September 15, 1998, for the purpose of a single-family residence. 2. Alley: A street providing a secondary means of access to a property abutting it. 3. Bond: A guarantee which secures installation of improvements in the event a subdivider defaults on required subdivision improvements. An acceptable bond shall include a surety bond from a company licensed to do business in the State of Mississippi, cashier's check, assignment of certificates of deposit or irrevocable letters of credit from a bank located in DeSoto County. 4. Building line: A line on a plat between which line and a street no building or structure may be erected. 5. Comprehensive plan: The comprehensive plan made and adopted by the governing authority indicating the general locations recommended for the streets, parks, public buildings, land uses, zoning districts, and other public improvements. 6. Easement: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property. a. Utility: An easement reserving space for utilities. b. Access: For purpose of this ordinance a private way which is permanently reserved for [sic] as the principal means of a vehicular access to abutting property, and the terms of use of which are of public record. 7. Engineer: The Olive Branch engineer. 8. Governing authority: The mayor and board of aldermen. 9. Lot: A tract, plot, site, unit, parcel, interest, portion of a subdivision or other parcel of land, intended as a unit for the purpose, whether immediate or future, of transfer of ownership, offer, sale, lease, use, or development, either on the installment plan or upon any and all other plans, terms, and conditions. 10. Lot of record: A lot recorded in the office of the chancery clerk in compliance with the laws of Olive Branch at the time of its recording. 11. Planning commission: The Olive Branch Planning Commission. 12. Plat: A map or drawing showing the lot and street arrangement or other features or details of the area being subdivided and is further defined as follows: a. Sketch plat: A plat conforming to the requirements of article IV hereof prior to filing a preliminary plat. b. Preliminary plat: A plat conforming to the requirements of article IV hereof for preliminary approval. c. Final plat: A plat conforming to the requirements of article IV for final approval and recording in the office of the chancery clerk. 13. Reverse frontage lots: Lots which face on and are served by one street and which back up to another street shall be referred to as reverse frontage lots. 14. Right-of-way: The entire strip of land lying between property lines of a street or alley. 15. Streets: A way for vehicular traffic which is accepted for the public use, and is maintained by the city, county, or state, whether designated as a street, highway, thoroughfare, arterial, road, avenue, boulevard, lane, place or however otherwise designated. Streets are further defined as follows: a. Major or arterial street: A street having the primary functions of accommodating relatively large volumes of vehicular traffic and serving to connect areas of principal traffic generation and designated as a major street in the comprehensive plan. b. Collector street: A street having the primary function of collecting and distributing traffic between local streets or areas and the major street and highway network and designated as a collector street in the comprehensive plan. c. Minor street: A local street having a primary function of providing service and access to abutting land and not designated for high volumes of traffic but having sufficient width to serve occasional parking and traffic flow. d. Cul-de-sac: A permanent dead-end street or court culminated by a turnaround and not intended to be extended in the future. 16. Subdivider: Any person, individual, firm, partnership, association, corporation, trust or any other group or combination acting as a unit, who undertakes the subdivision of land as defined herein. |
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(Ord. of 7-21-98(2), § 1; Ord. of 9-15-98, § 1) |