§ 25-2. 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:
Alley shall mean a minor permanent public service way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Benchmark shall mean a definite point of known elevation and location and of more or less permanent character.
Block shall mean an area of land surrounded by public highways, streets, streams, railroad rights-of-way, parks, or other similar areas of facilities.
Building line shall mean a line on a plat between which line and the street right-of-way no portion of the building may be erected, excluding landings, open balconies, and roof overhangs, subject, however, to the further requirements of the zoning ordinance.
City shall mean the City of Pine Bluff, Arkansas.
City council shall mean the elected governing body of the City of Pine Bluff, Arkansas.
City clerk shall mean the City Clerk of the City of Pine Bluff, Arkansas.
City collector shall mean the City Collector of the City of Pine Bluff, Arkansas.
City engineer shall mean the City Engineer of the City of Pine Bluff, Arkansas.
County shall mean Jefferson County, Arkansas.
County recorder shall mean the Recorder of Jefferson County, Arkansas.
Cul-de-sac shall mean a short street having one (1) end open to traffic and being permanently terminated within the plat by a vehicular turnaround.
Developer shall mean that person by whom a tract will be subdivided and improved pursuant to the requirements of this chapter.
Easement shall mean a grant by the property owner for the use by the public, a corporation, or persons of a strip of land for specific purposes.
Engineer shall mean a registered professional engineer in good standing in the state, whose seal shall appear on all construction drawings and plans for improvements.
Extraterritorial jurisdiction. See Territorial jurisdiction.
Floodplain shall mean a geographic area susceptible to periodic inundation from overflow of natural waterways and determined as to extent by the U.S. Army Corps of Engineers.
Frontage shall mean that edge of a lot bordering a street.
Frontage road shall mean a street, parallel to and adjacent to a major highway or thoroughfare, which provides access to abutting properties.
Health department shall mean the county health department.
Immediate family shall mean father, mother, children, brother, sister, and the relationships existing between those people.
Improvement plans shall mean the engineering drawings showing types of materials and construction details for the physical structures and facilities excluding dwelling units to be installed in conjunction with the development of the subdivision.
Improvements shall mean street pavement, curbs and gutters, sidewalk, pavement, pedestrianway pavement, water mains, storm sewers, signs, monuments, landscaping, streetlights, fire hydrants, and other similar items.
Improvements, rural shall mean rural improvements consisting of all subdivision improvements of this chapter with the exception of the requirements for curbs and gutters on streets, street-lights, and sidewalks.
Lot shall mean a platted parcel of land intended to be separately owned, developed, or otherwise used as a unit.
Lot area shall mean the total horizontal area within the boundaries of a lot exclusive of any area designated for street purposes.
Lot, corner shall mean a lot abutting upon two (2) or more streets at their intersection.
Lot, double frontage shall mean a lot having frontage on two (2) nonintersecting streets, as distinguished from a corner lot.
Lot split shall mean a subdivision which involves the dividing or redesigning of an existing lot or lots within a block of a recorded subdivision and which does not involve the dedicating, vacating, widening, narrowing or change of alignment of any thoroughfare, street, alley or easement.
Master plan shall mean a composite of the mapped and written proposals recommending the physical development of the community which shall have been adopted by the planning commission.
Pedestrianway shall mean an easement or right-of-way dedicated to public use to facilitate pedestrian access to adjacent streets and properties.
Performance guarantee shall mean any security which may be accepted in lieu of a requirement that certain improvements be made before the planning commission or other approving body approves a final plat, including performance bonds by subdivider or improvement contractors, escrow agreements, and other similar collateral or surety agreements.
Planning commission shall mean the planning commission of the city.
Plat shall mean a map or chart indicating the subdivision or resubdivision of land, intended to be filed for record.
Plat, final shall mean a finished drawing showing completely and accurately all legal and engineering information and certification necessary for recording, and includes the bill of assurance.
Plat, preliminary shall mean a drawing which shows the proposed layout of a subdivision in sufficient detail to indicate unquestionably its workability in all aspects, but is not in final form for recording and the details are not completely computed.
Plat, sketch shall mean an informal plan of the proposed subdivision to be submitted by the developer during the preapplication process, the purpose being to acquaint the developer with plans and policies relevant to the proposed subdivision.
Public open space shall mean land which may be dedicated or reserved for acquisition for general use by the general public. It includes parks, parkways, and recreation areas.
Roadway width or surfaced width shall mean that portion of the street available for vehicular traffic, and where curbs are laid, the portion between curbs.
Slope shall mean the rate of deviation of the ground surface from the horizontal surface, as expressed in percentages.
Staff shall mean employees of the planning and zoning departments of the city.
Street shall be a general term denoting a public or private thoroughfare which affords the principal means of access to abutting property. The term includes all facilities which normally occur within the right-of-way; it shall also include such other designations as highway, thoroughfare, parkway, road, throughway, pike, avenue, boulevard, lane, place, court, but shall not include an alley or a pedestrianway. For the purpose of this chapter, streets shall be classified as follows:
(1)
Arterial streets. Those streets designated as arterial on the Pine Bluff Area Master Street Plan.
(2)
Collector streets. Those streets designated as collector streets on the Pine Bluff Master Street Plan or as required by the planning commission.
(3)
Minor streets. Those streets which are used primarily for access to the abutting properties.
(4)
Loop streets. Minor streets that begin from one (1) minor street and curve to end on the same minor street.
(5)
Cul-de-sac. Short minor streets having one (1) end open to traffic and being permanently terminated at the other end by a circular area which permits vehicles to turn around without having to stop and back up.
(6)
Dead-end streets. Those streets which have terminated at one (1) end where vehicles must stop and back up in order to turn around.
(7)
Marginal access street (service road). A minor street parallel to and adjacent to high-volume arterial streets and highways which provide access to abutting properties and protection of through traffic.
(8)
Controlled-access facility. A freeway or expressway providing a trafficway for through traffic in respect to which owners or occupants of abutting property on 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 public authority having jurisdiction over such trafficway.
Street, existing shall mean any street which has a minimum width of eighteen (18) feet of hard surfaced material. Gravel roads or roads which are in extremely poor condition will not qualify as an existing street for purposes of this chapter.
Subdivider shall mean any person dividing or proposing to divide land so as to constitute a subdivision and includes any agent of the subdivider.
Subdivision shall include all divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose, whether for immediate or future sale, or building development, and shall include all divisions of land involving the dedication of a new street or a change in existing streets and shall include mobile home parks and multi-structure apartment developments; provided however, that the following shall not be within this definition, nor be subject to the subdivision rules and regulations of this city:
(1)
The division of land into parcels greater than five (5) acres where no street right-of-way dedication is involved.
(2)
The public acquisition by purchases or dedication of parcels of land for the widening or opening of streets or other improvements.
(3)
Conveyances to family members. There shall be no prior approval required by any subunit of county government nor shall there be restrictions on the recording of any property deeds described in metes and bounds for whole tracts or tract splits between any owner of property and any member of the owner's immediate family. However, such transaction shall be permitted only once to each member of the family; provided that:
a.
Roads are not proposed, built or altered (except for dedication).
b.
Setback requirements contained in the city zoning ordinance are met.
c.
The use of the property is for single-family dwellings, silviculture, or agriculture.
d.
Dedication for road easements are in accordance with the master transportation plan.
e.
There are no conflicts with other county ordinances or public agencies (health department, etc.).
f.
Lot design and size criteria of the subdivision regulation are met.
g.
Floodprone property and source of information be identified.
(4)
Conveyances from an estate. There shall be no prior approval required by any subunit of county government nor shall there be restrictions on recording any property deeds measured in metes and bounds as a result of the distribution of a decedent's estate in a whole tract or a tract split to any heirs of such decedent. However, those heirs must comply with the regulations of this chapter, if further subdivisions of land is transacted; provided that:
a.
Roads are not proposed, built or altered (except for dedication).
b.
Setback requirements contained in the city zoning ordinance are met.
c.
The use of the property is for single-family dwellings, silviculture or agriculture.
d.
Dedication for road easements are in accordance with the master transportation plan.
e.
There are no conflicts with other county ordinances or public agencies (health department, etc.).
f.
Lot design and size criteria of the subdivision regulations are met.
g.
Floodprone property and source of information be identified.
Subdivision, minor shall mean a subdivision of land into five (5) lots, parcels or other divisions or less. Minor subdivisions shall be approved or disapproved by the zoning administrator.
Subdivision review committee shall mean a technical subcommittee appointed by the planning commission chairman, assigned with the major function of reviewing plats and recommending to the planning commission appropriate action to be taken. Also, it has the responsibility of reviewing and recommending proposed text amendments to these subdivision regulations.
Surveyor shall mean a licensed state land surveyor or a registered public surveyor as authorized by the state statutes to practice the profession of surveying in the state.
Territorial jurisdiction shall mean all land lying within the planning area of the planning commission as prescribed by the Arkansas Statutes.
(Subdivision Regulations, § XXVII)