The following terms and words, which shall apply to and govern the rules and regulations set forth herein, are defined as follows:
(1) Applicant: A developer or subdivider submitting an application for development.
(2) Berm: A mound of soil, either natural or manmade, used to obstruct views.
(3) Bikeway: A pathway, usually separated from the roadway, designed specifically to satisfy the physical requirements of bicycling.
(4) Block: A piece or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way or parks, etc., or a combination thereof.
(5) Buffer: An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to limit continuously the view of and/or sound from the site to adjacent sites or properties.
(6) Culvert: A drain, ditch or conduit not incorporated in a closed system, that carries drainage water under a driveway, roadway, railroad, pedestrian walk or public way.
(7) Common Open Space: Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structures and improvements.
(8) Concept Plan: See General Development Plan.
(9) Condominium: A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Real Estate is not a condominium, unless the undivided interests in the common elements are vested in the unit owners. Both residential condominiums and commercial condominiums exist, however for purposes of these Regulations, residential are only heretofore defined. Commercial condominiums will be handled as any other commercial or business property.
(10) Cul-de-sac: The area provided for vehicular turnaround at the closed end of a cul- de-sac street. See Street.
(11) Curb: A vertical or sloping edge of a roadway.
(12) Driveway: A paved or unpaved area used for ingress or egress of vehicles, allowing access from a street to a building or other structure or facility.
(13) Easement: The right of a person to use common land or private land owned by another for a specific purpose, within which the owner of the property shall not erect any permanent structures.
(14) Escrow: A deed, bond, money, or piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.
(15) Fence: An artificially constructed barrier of wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials.
(16) Final Plat: The final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Planning Commission for approval, and which, if approved, will be submitted to the Recorder of Fulton County.
(17) Floodplain: The relatively flat area or low lands adjoining the channel of a river, stream, or water course, which has been or may be covered by flood waters, more particularly that area designated by the Federal Emergency Management Agency or other appropriate authority as a flood hazard area.
(18) Future Land Use Plan: A Plan adopted by the Planning Commission which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the Village and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
(19) Frontage: See Lot Frontage.
(20) General Development Plan: A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and comment by the Planning Commission.
(21) Ground Cover: A planting of low-growing plants or sod that in time forms a dense mat covering the area, preventing soil from being blown or washed away and the growth of unwanted plants.
(22) Gutter: A shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off runoff water.
(23) Improvement: Any man-made, immovable item which becomes part of, is placed upon, or is affixed to, real estate.
(24) Island: In street design, a raised area, usually curbed, placed to guide traffic and separate lanes, or used for landscaping, signing, or lighting.
(25) Lateral Sewers: Pipes conducting sewage that usually are located in street rights-of- way.
(26) Law Director: The Solicitor or legal advisor of the Village of Delta.
(27) Lot: A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit.
(28) Lot Area: The size of a lot measured within the lot lines and expressed in terms of acres or square feet, excluding lands dedicated for use as street or road rights-of- way or other public use.
(29) Lot, Corner: A lot abutting on two (2) streets at their intersection, if the interior angle of intersection is not more than one hundred thirty-five (135) degrees.
(30) Lot Depth: The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is measured by drawing lines from the front to rear lot lines, at right angles to the front lot line, every ten feet and averaging the length of these lines.
(31) Lot, Double Frontage: see Lot, Through.
(32) Lot, Flag: A lot not fronting on or abutting a public road and where access to the public road is by a narrow, private right-of-way.
(33) Lot Frontage: The length of the front lot line measured at the street right-of-way line.
(34) Lot, Interior: A lot other than a corner lot.
(35) Lot, Reverse Frontage: A through lot which is not accessible from one of the parallel or non-intersecting streets upon which it fronts.
(36) Lot, Through: A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
(37) Lot Width: The horizontal distance of a lot measured along the building line at right angle to the mean lot depth line. Width at front lot line is measured along the street line.
(38) Maintenance Guarantee: Any security which may be required and accepted by a governmental agency to ensure that necessary improvements will function as required for a specific period of time.
(39) Major Subdivision: A subdivision of land, also known as a platted subdivision, as defined in Ohio Revised Code 711.001(B).
(40) Minor Subdivision: A subdivision of land, also known as a Lot Split, as defined in Ohio Revised Code 711.131, along a Lot Split, as defined in Ohio Revised Code 711.131, along an existing public street, not involving the opening, widening or extension of any street or road, and involving no more than five (5) lots after the original tract has been completely subdivided.
(41) Monument:
A. Type A: A cylindrical concrete marker six (6) inches in diameter and thirty (30) inches in length with a one-quarter inch (0.25) iron rod cast at the central axis of the cylinder. Such marker shall be placed in a vertical position with its top being level with the surface of the surrounding ground.
B. Type B: A cylindrical concrete marker as described under Type A except that a machine type iron bolt (without nut) of one (1) inch diameter by twelve (12) inches in length shall be placed in a vertical position with the head of the bolt upward and level with the surface of the pavement. A point shall be marked on the head of the bolt to indicate the exact point referred to on the final plat.
(42) Off-Site: Located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application, or on a contiguous portion of a street or right-of-way.
(43) Off-Tract: Not located on the property that is the subject of a development application nor on a contiguous portion of a street or right-of-way.
(44) Official Map: The map established by the Planning Commission showing the streets, highways and parks heretofore laid out, adopted and established by law and any amendments adopted thereto by the Planning Commission or additions thereto resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of such approved plats.
(45) Open Space (Common Land): Land in a subdivision of development area not owned as private land or occupied by dwellings created for common usage by restrictions, easements, covenants or other conditions running with the land, and which is held for the use and enjoyment of the owners or occupants of the dwellings in a subdivision or development area.
(46) Owner: Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these Subdivision Regulations.
(47) Performance Guarantee: Any security that may be accepted by a municipality as a guarantee that the improvements required as a part of a development are satisfactorily completed.
(48) Planning Commission or Commission: The duly designated Planning Commission of the Village of Delta, Ohio.
(49) Plat: A map of a lot, parcel, subdivision or development area on which the lines of each element are shown by accurate distances and bearings.
(50) Preliminary Plat: The preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission for its consideration.
(51) Public Open Space: An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conservational uses.
(52) Right-of-Way: All of the land included within an area which is dedicated, reserved by deed, or granted easement for street purposes. Also, a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, bikeway, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use.
(53) Screening: A structure or planting consisting of fencing, berms, and/or noise attenuation within a site or property.
(54) Setback: The distance between the street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps.
(55) Sidewalk: A paved path providing for pedestrian use and usually located at the side of a road within the right-of-way.
(56) Street: Any vehicular way which is an existing state, county or municipal roadway; or is shown on a plat approved pursuant to law; or is approved by other official action; or is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved.
A. Alley: A minor way which is used primarily for vehicular service access to the back or the side of properties whose principal frontage is on some other street.
B. Arterial Street: A principal or heavy traffic street of considerable continuity and used primarily as a traffic artery.
C. Collector Street: A street which carries traffic from minor streets to arterial streets or major thoroughfares, including the principal entrance streets of a residential development and principal streets for circulation within such a development.
D. Cul-de-sac Street: A street, one (1) end of which connects with another street and the other end of which is a dead-end which allows space for turning of vehicles.
E. Half-Street: A dedicated but unimproved street of half the normal width, located on the perimeter of a parcel and intended for future improvement.
F. Local Street: A street primarily for access to abutting residential properties and to serve local needs.
G. Major Street: A public street which is primarily for moving fast, heavy traffic between large or intensively developed districts.
H. Marginal Access Street: A service street that runs parallel to a higher-order street which, for purposes of safety, provides access to abutting properties and separation from through traffic. May be designed as a residential access street or subcollector as anticipated daily traffic dictates.
I. Stub Street: A portion of a street for which an extension has been proposed and approved. May be permitted when development is phased over a period of time, but only if the street in its entirety has been approved in the preliminary plan.
(57) Subdivider: Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under these Subdivision Regulations to effect a subdivision of land hereunder for himself or for another.
(58) Subdivision: The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted.
(59) Village: The Village of Delta, Fulton County, Ohio.
(60) Village Engineer: The engineer hired by the Village of Delta.
(61) Wye: A Y-branch or Y-fitting. In a plumbing system, a branch in the shape of the letter Y. (Ord. 95-35. Passed 11-20-95.)