Subdivision of Land Definition
KRS 100.273(2) specifically empowers a county fiscal court to adopt regulations for the subdivision of land within its boundaries.
The Madison County Subdivision Regulations and KRS 100.277 require Fiscal Court approval for a "subdivision" of land. Both KRS 100.111 (22) and the Madison County Subdivision Regulations define "subdivision" to mean:
The division of a parcel of land into three (3) or more lots or parcels except in a county containing a city of the first, second or third class or in an urban-county government where a subdivision means the division of a parcel of land into two (2) or more lots or parcels; for the purpose, whether immediate or future, of sale, lease, or building development, or if a new street is involved, any division of a parcel of land; provided that a division of land for agricultural use and not involving a new street shall not be deemed a subdivision.
The language of KRS 100.111(22) is unequivocal. Nothing in these definitions requires that divided lots be offered or developed solely for sale in order to constitute a "subdivision" of property.
"Under the rule of liberal construction, the words employed in the statute must be given their ordinary meaning. . . . If the language is plain and unambiguous it must be given effect." Commonwealth v. Shivley, Ky., 814 S.W.2d 572, 573-74 (1991).
The plain language of the pertinent legislation allows for no other interpretation.
Our conclusion is further reinforced by a consideration of the clear intent and purpose of these statutes and regulations.
Similarly, in Sandoval County Bd. of Commissioners v. Ruiz, 119 N.M. 586, 893 P.2d 482 (N.M. Ct. App. 1995), the New Mexico Court of Appeals reasoned that a mobile home park constitutes a "subdivision" within the meaning of state, county, and municipal land use laws.
"A different interpretation, we believe, is contrary to the plain meaning of the statute and ordinances and nullifies the basic purpose of such laws." Id. at 485.