For the purposes of this ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(a)   Alley.  An “Alley” is a public or private right-of-way designed to serve as primary vehicular access to the side or rear of those properties whose principal frontage is on some other street.

(b)   Block.  A “Block” is a tract of land entirely surrounded by streets, or by a combination of streets and public rights-of-way, or as otherwise determined by the Planning Commission or its authorized representative.

(c)   Bond.  A “Bond” is any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the Governing Body. All bonds shall be approved by the Governing Body wherever a bond is required by these regulations.

(d)   Cul-de-sac.  A “Cul-de-sac” is a street having one end open to traffic and having an appropriate terminal for the safe and convenient reversal of traffic movement.

(e)   Easement.  An “Easement” is a permanent or temporary authorization by a property owner, to the public, a corporation or other persons, for a specified purpose, of the use of a tract of land.

(f)   Escrow.  “Escrow” is a deposit of cash with the city in lieu of an amount required and still in force on a performance or maintenance bond.

(g)   Governing Body.  The “Governing Body” is the duly elected Mayor and City Council of the City of Wellsville.

(h)   Highway.  A “Highway” is a public road controlled and maintained by Federal and/or State Highway agencies.

(i)    Improvement.  An “Improvement” is any roadway, drainage ditch, sidewalk, sanitary sewer system, storm sewer system, water distribution system, lighting, park area, landscaping, or other facility or element constructed to satisfy the requirements of an approved plat, site plan, or development plan.

(j)    Lot.  A “Lot” is a tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose of transfer of ownership or for building development.

(k)   Person.  A “Person” means any individual, firm, trust, partnership, public or private association or corporation.

(l)    Final Plat.  A “Final Plat” is a drawing of a permanent nature showing the precise location and dimension of such features as streets, lots, easements and other elements pertinent to transfer of ownership and prepared for permanent record.

(m)  Preliminary Plat.  A “Preliminary Plat” is a drawing the pattern of land uses, streets, lots, watercourses, landscaping, utilities, and other information required by the Planning Commission to consider subdivision of a property.

(n)   Plot.  A “Plot” is one or more contiguous parcels of land under single ownership or control, designated by its owner, at the time of filing an application for a building permit, as a tract to be used, developed or built upon as a unit. It may or may not coincide with the deed description thereof or the boundaries of the same as shown on a map thereof filed for record or otherwise, and it may be subsequently subdivided into two (2) or more plots, provided all such plots conform to all the regulations of the district. The boundaries of any plot for which a building permit or certificate of occupancy is requested, shall be accurately drawn on the application therefor.

(o)   Right-of-way.  A “Right-of-way” is a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term “right-of-way for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.

(p)   Sanitary Sewer System.  A “Sanitary Sewer System” is a totally enclosed system typically consisting of an underground collection system and a treatment system so designed, constructed and operated to produce an effluent with characteristics acceptable to the jurisdictional health agency.

(q)   Street, private.  A “Private Street” is a right-of-way that affords principle means of vehicular access to property abutting thereon.  A private street may be maintained by the owners of the abutting property, the owner of the street, a neighborhood association, or any other private group or individual, but in no case shall the private street maintained by the city.

(r)    Street, public.  A “Public Street” is a right-of-way that affords principle means of vehicular access to property abutting thereon, which right-of-way has been dedicated to the public for such use.

(s)   Subdivider.  A “Subdivider” is any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who; (2) directly or indirectly, sells, leases or develops or offers to sell, lease or develop, or advertises for sale, lease or development, any interest, lot, parcel, site, unit or plot in a subdivision, or who; (3) engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or any interest, lot, parcel site, unit or plot in a subdivision, and who;  (4) is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.  The term “Developer” may be considered to be synonymous with “Subdivider”

(t)    Subdivision.  A “Subdivision” is any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots 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, including re-subdivision.  Subdivision includes the division or development of residential and non-residential zoned land, whether by deed, metes and bound description, map, plat or other recorded instrument.

The standards and procedures required herein shall be interpreted and applied literally in the case of all subdivision plats. In case, however, of hardship caused by size, location or configuration of land, topography or other factors which affect a specific tract or subdivision or portion thereof, the subdivider may request a rule exception from one or more of the requirements contained herein.  Any request for a rule exception must be submitted with the preliminary plat or site plan.  The request shall include a cover letter explaining the regulation, the exception requested, the justification for the request, and the effect the change will have on the project. A rule exception may be approved by the Governing Body, provided that, in its judgment, such action will not violate the public interest, unnecessarily burden the City of Wellsville, or will annul the intent and purpose of these regulations.

The violation of any provision of this title is a misdemeanor, and any person, firm, association, partnership or corporation convicted thereof shall be punished by a fine not to exceed five hundred dollars ($500.00), and the City of Wellsville, Kansas, shall further have the authority to maintain suits or actions in any court of competent jurisdiction for the purpose of enforcing any provisions of this title and to abate nuisances maintained in violation thereof; and in addition to other remedies, 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 the building, structure, or land.  Each day any violation of this title shall continue shall constitute a separate offense.