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24 <br /> <br />132. Subdivision. A division of a lot, tract, or parcel of land, creating one or more lots, tracts, or <br />parcels for the purpose, either immediate or future, of sale or of building development and <br />any plat or plan which includes the creation of any part of one or more streets, public <br />easements, or other rights of way, whether public or private, for access to or from any such <br />lot, tract, or parcel and the creation of new or enlarged parks, playgrounds, plazas, or open <br />spaces. The following shall not be considered a subdivision and shall be exempt from the <br />requirements of this Ordinance: <br />a. A division of land pursuant to an allocation of land in the settlement of a decedent’s <br />estate or a court decree for the distribution of property. <br />b. A division of land for federal, state, or local government to: <br />i. Acquire right-of way for public use. Including but not limited to streets, <br />crosswalks, railroad, electric transmission lines, oil or gas pipelines, water <br />mains, sanitary or storm sewer mains, shade trees, legal drains, flood <br />diversion structures, and flood diversion channels. <br />ii. Acquire land of flood prone properties for the purposes of a flood buyout. <br />iii. Acquire land for the purpose of public parks. <br />iv. Acquire land for the purpose of a drainage easement or storm water <br />management facility. <br />c. A division of land into lots, tracts, or parcels of ten (10) acres or more in size for the <br />purpose of agricultural use with no anticipation of dwelling unit construction and <br />does not involve any new streets, easements, or accesses other than field accesses. <br />d. A division of land into cemetery plots; or <br />e. The combination or recombination of portions of previously subdivided and <br />recorded lots if the number of lots is not increased. <br />f. A division of land involving a sale or transfer to an abutting property owner for the <br />purpose of agricultural use. <br />g. The term "subdivision" shall be further defined into two classifications, which are as <br />follows: <br />i. Minor Subdivision: A division of land into lots, tracts, or parcels not <br />exceeding four (4) total buildable lots. <br />ii. Major Subdivision: A division of land into lots, tracts, or parcels exceeding <br />four (4) lots. <br />133. Subject Tract. The site proposed for a subdivision. <br />134. Substantially completed. Where, in the judgment of the Planning Commission, at least <br />ninety (90) percent (based on the cost of the required improvements for which financial <br />security was posted) of those improvements required as a condition for final approval have <br />been completed in accordance with the approved plan, so that the project will be able to be <br />used, occupied, or operated for its intended use. <br />135. Surveyor. See Registered Land Surveyor. <br />136. Top of Bank. The elevation at which water overflows the natural banks of streams or the <br />waters of the state and begins to inundate upland areas. <br />137. Tract. See Lot. <br />138. Trip. A single or one-directional vehicle movement.